1. (1) After an abuse determination is made and the abuse investigation report has been approved to close, OTIS shall make and document the notifications described in this rule. OTIS shall notify the AP as provided in this section:

   1. (a) When a report is determined to be not substantiated under these rules, OTIS shall provide written notice to the AP.

   2. (b) When a report is determined to be substantiated under these rules, OTIS shall send a Notice of Abuse Determination to the AP as provided in this subsection:

      1. (A) The Notice of Abuse Determination with a copy of the redacted abuse investigation report shall be sent to the AP by all of the following:

         1. (i) Regular mail.
         2. (ii) Certified mail with return receipt requested.
         3. (iii) Alternative methods such as fax or electronic mail only when the respondent has requested an alternate method.
      2. (B) The Notice of Abuse Determination shall include the information described in OAR 137-003-0505(1) and (2)(a) and ORS 183.415.

2. (2) If applicable, OTIS shall provide notifications to appropriate personnel within:

   1. (a) The Department involving facilities, community programs, and service providers licensed or certified by the Department;
   2. (b) The Authority involving facilities, community programs, and service providers licensed or certified by the Authority;
   3. (c) ODHS/OHA Human Resources for APs who are state employees;
   4. (d) The facility, provider agency, community program if they employ the AP;
   5. (e) The alleged victim’s case management entity (community program or brokerage);
   6. (f) The alleged victim’s guardian; and
   7. (g) The licensed administrator for the educational provider if the accused person is a school employee, contractor, agent, or volunteer.
3. (3) The investigator shall provide a copy of any protective services and recommended actions to the appropriate case management entity and provider.
4. (4) The investigator may assure that the abuse finding is provided to the alleged victim and guardian (if applicable) with a trauma-informed approach by the adult’s primary case manager, such as the service coordinator or personal agent as part of protective services follow-up.
5. (5) OTIS shall provide a redacted report to the alleged victim’s case management entity (community program or brokerage) and the facility that oversees the AV's residential services (if applicable).

Statutory/Other Authority

ORS 409.010, 409.050 & ORS 430.731

Statutes/Other Implemented

ORS 430.731, 430.662, 443.875, 430.768, 443.400 - 443.465, 443.705 - 443.825 & 430.735 - 430.765

History

OTIS 88-2023, minor correction filed 12/01/2023, effective 12/01/2023
DHS 7-2023, renumbered from 407-045-0325, filed 12/01/2023, effective 12/01/2023
DHS 28-2022, minor correction filed 05/02/2022, effective 05/02/2022
DHSD 16-2020, minor correction filed 09/03/2020, effective 09/03/2020
DHSD 33-2019, amend filed 12/30/2019, effective 01/01/2020
DHSD 11-2019, amend filed 08/01/2019, effective 08/01/2019
DHSD 4-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
DHSD 25-2018, adopt filed 08/27/2018, effective 08/27/2018
DHSD 3-2018, temporary adopt filed 02/27/2018, effective 03/01/2018 through 08/27/2018