Or. Admin. Code § 419-240-0190

Current through Register Vol. 63, No. 11, November 1, 2024

Section 419-240-0190 - Notifications and Report Distribution

After an abuse determination is made and the abuse investigation report has been approved, OTIS must make and document the following notifications:

(1) OTIS must notify law enforcement of the abuse determination and may provide a unredacted copy of the abuse investigation report.

(2) OTIS must make diligent efforts to notify the reporter, if contact information was provided, of the following information:

(a) Whether contact with the child was made, and

(b) Whether OTIS determined abuse occurred.

(3) OTIS must notify the legal guardian of the alleged victim of the abuse determination when the alleged victim is currently a child.

(4) OTIS must notify the respondent when:

(a) A report is determined to be "Unfounded" or "Unable to Determine" (see OAR 419-240-0170), OTIS must provide written notice to the respondent.

(b) A report is determined to be "Founded" (see OAR 419-240-0170), OTIS must send a Notice of Abuse Determination (as described in ORS 183.415) to the respondent by:

(A) Regular mail and certified mail with return receipt requested.

(B) Alternative methods such as fax or electronic mail only when the respondent has requested an alternate method.

(C) A copy of the Notice of Abuse Determination must also be provided to the respondent's attorney, if applicable.

(c) Information on how to request a redacted copy of a founded report must be included in the Notice of Abuse Determination sent to the respondent. The information must state the conditions for when the respondent may make this request.

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

(a) Appropriate personnel within the Department.

(b) The employer, contract holder, licensor, certifier, or other regulatory entity of the respondent when the respondent meets the definition of "third-party professional". An exception may be granted when the notification could compromise a child's safety or a criminal investigation.

(c) OYA's Professional Standards Office when a report involved an OYA foster home, facility or employee.

(d) 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.

(e) 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)).

(f) The Office of Developmental Disabilities Services (ODDS), when a report involves a child receiving services from ODDS.

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

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

(i) 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.

Or. Admin. Code § 419-240-0190

DHS 3-2021, adopt filed 02/26/2021, effective 03/01/2021; DHS 29-2022, amend filed 07/20/2022, effective 08/01/2022; DHS 17-2023, minor correction filed 12/11/2023, effective 12/11/2023; DHS 18-2023, amend filed 12/22/2023, effective 01/01/2024; DHS 10-2024, amend filed 07/23/2024, effective 08/01/2024; DHS 16-2024, renumbered from 407-047-0700, filed 10/30/2024, effective 11/1/2024; OTIS 57-2024, minor correction filed 11/01/2024, effective 11/1/2024

Statutory/Other Authority: ORS 409.050

Statutes/Other Implemented: ORS 419B.027 & ORS 419B.005 - 419B.050