Or. Admin. R. 419-110-0030

Current through Register Vol. 63, No. 8, August 1, 2024

Section 419-110-0030 - Initial Action on Complaints of Alleged Abuse

(1) OTIS or CMHP receiving a complaint alleging abuse shall document the reported information required by ORS 430.743 and any additional information reported. OTIS or CMHP shall attempt to elicit the following information from the reporter:

(a) The name, age and present location of the allegedly abused adult;

(b) The names and addresses of the persons, programs or facilities responsible for the adult's care;

(c) The nature and extent of the alleged abuse, including any evidence of previous abuse;

(d) Any information that led the reporter to suspect abuse occurred;

(e) Any other information that the reporter believes might be helpful in establishing the cause of the abuse and the identity of the AP; and

(f) The date of the incident.

(2) If there is reason to believe a crime has been committed, the investigator shall immediately within one business day notify the law enforcement agency having jurisdiction within the county where the report was made.

(a) The investigator shall follow-up with law enforcement if it was reported a police report was filed to ensure the suspected crime or alleged abuse was reported; and

(b) Obtain copies of any law enforcement reports.

(3) The investigator shall notify the appropriate medical examiner in cases when there is reasonable cause to believe that an adult has died as a result of abuse.

(4) If OTIS receives the initial complaint, OTIS shall gather the information as detailed in section (1) and within one business day begin to:

(a) Screen the complaint for possible OTIS investigation if it involves a state hospital, state-operated residential treatment facility or state-operated residential training home; or

(b) Transfer the information to the local CMHP or CDDP for screening, assessment of protective services and investigation if required.

(5) Upon receipt of a complaint of alleged abuse, the investigator shall immediately, within one business day, begin to:

(a) Screen the complaint to determine whether an abuse investigation is required per OAR 419-110-0040;

(b) Determine whether the alleged victim sustained any serious injury, and

(c) Assess the need for protective services per OAR 419-110-0050.

(6) Upon receipt of a complaint of alleged abuse, the investigator shall notify:

(a) The case manager of the agency providing primary case management services to the adult; and

(b) The guardian of the adult (if applicable).

(c) Unless the notification would undermine the integrity of the investigation because the guardian or case manager is suspected of committing abuse.

(7) OTIS and CMHP shall maintain all complaints of alleged abuse in a confidential location.

(8) Each CMHP shall establish an after-hours reporting system.

Or. Admin. R. 419-110-0030

DHSD 9-2017(Temp), f. & cert. ef. 9-1-17 thru 2-27-18; DHSD 2-2018, adopt filed 02/27/2018, effective 02/27/2018; DHSD 23-2018, temporary amend filed 08/09/2018, effective 08/15/2018 through 02/10/2019; DHSD 1-2019, temporary amend filed 02/12/2019, effective 02/12/2019 through 08/10/2019; DHSD 8-2019, amend filed 06/28/2019, effective 07/01/2019; DHS 7-2023, renumbered from 407-045-0150, filed 12/01/2023, effective 12/01/2023; OTIS 96-2023, minor correction filed 12/01/2023, effective 12/1/2023

Statutory/Other Authority: ORS 409.010, 409.050, 413.085 & ORS 430.731

Statutes/Other Implemented: ORS 430.731, ORS 409.027, 443.875, 430.610 to 430.695, 430.735 to 430.765, 430.768, 443.400 to 443.465, 443.705 - 443.825 & 413.036