Or. Admin. R. 407-046-0140

Current through Register Vol. 63, No. 9, September 1, 2024

Section 407-046-0140 - Child-In-Care Abuse Rules: Notifications at the Conclusion of Screening

The OTIS investigator is responsible for making the following notifications when a report is assigned for investigation or closed at screening:

(1) Cross-report to local law enforcement agency as required in ORS 419B.015 by providing the full screening report.

(2) Make diligent efforts to notify the reporter that the report was assigned for investigation or closed at screening.

(3) When a report involves a child-caring agency or proctor foster home, the OTIS investigator must send the screening report to:

(a) Personnel designated to make notifications required in Oregon law and OAR 413-215-0136 (CCA Notifications); and

(b) The ODHS Child Welfare caseworker assigned to the child in the report, if applicable.

(4) When a report involves an ODDS licensed group home, ODDS host home, or ODDS foster home, the OTIS investigator must make the following notifications:

(a) Appropriate personnel within the Department.

(b) A representative designated by the ODDS licensed group home or ODDS host home.

(c) The tribe as provided under OAR chapter 413, division 115 when the OTIS investigator knows or has reason to know the alleged victim is an Indian child.

(d) Legal guardians of the child.

(5) Others as required or otherwise authorized including, but not limited to:

(a) Disability Rights Oregon when a report of abuse is alleged to have occurred at a school or in an educational setting and the report involves a child with a disability. (ORS 419B.035(1))

(b) Teacher Standards and Practices Commission as provided in ORS 419B.035.

(c) The Department of Early Learning and Care when required by ORS 419B.020 or 419B.035.

(d) Any individual, administrative hearings officer, court, agency, organization, or other entity when determined necessary under ORS 419B.035(3).

(6) Any deviations from making required notifications must be approved by an OTIS supervisor and justification documented in the investigative report.

(7) The Department must not disclose the name and address of, and other identifying information about the reporter. The Department must make available any information necessary to ensure the safety of the child, including the name of the person who may have conducted the suspected abuse. Any person or entity to whom notification is made under this section may not release any information not authorized by this section.

Or. Admin. R. 407-046-0140

DHSD 17-2017, temporary adopt filed 12/28/2017, effective 01/01/2018 through 06/29/2018; DHSD 14-2018, adopt filed 06/29/2018, effective 6/30/2018; DHSD 35-2019, amend filed 12/30/2019, effective 1/1/2020; DHS 2-2021, amend filed 02/26/2021, effective 3/1/2021; renumbered from 407-045-0855, by DHS 9-2021, filed 07/01/2021, effective 7/1/2021; DHS 29-2022, amend filed 07/20/2022, effective 8/1/2022; DHS 8-2023, minor correction filed 12/11/2023, effective 12/11/2023

Statutory/Other Authority: ORS 409.050, 419B.035 & 418.005

Statutes/Other Implemented: ORS 409.050, 443.400 - 443.455, 419B.005 - 419B.050, 409.225, 418.005 & 418.257 - 418.259