Or. Admin. R. 419-100-0110
Department Investigation of Alleged Abuse
Effective Dec 1, 2023ORS 409.050, 430.731 & 409.010 | Statutes/Other Implemented: ORS 430.735–430.765, 443.400–443.465, 443.705–443.825, 443.875, 430.731, 430.662 & 430.768Office of Training, Investigations and Safety
- (1) If determined necessary or appropriate, OTIS may conduct an investigation rather than allow the CDDP to investigate the alleged abuse or in addition to the investigation by the CDDP. Under such circumstances, the CDDP shall receive authorization from OTIS before conducting any separate investigation.
(2) OTIS shall conduct all abuse investigations of adults with developmental disability:
(a) Under these rules for adults;
- (A) Receiving services in Department-operated residential training homes licensed under ORS 443.400; or
- (B) When the primary association between the alleged victim and the accused person is due to their role as an educational provider’s school employee, contractor, agent, or volunteer.
- (b) Under OAR chapter 419, division 110 for residents of Authority-operated residential treatment facilities or homes.
- (c) Under OAR chapter 419, division 120 for patients of the state hospitals.
- (3) OTIS may screen and assign an allegation of abuse involving adults described in section (2), to a CDDP designee to investigate under these rules or to a community mental health program to investigate under OAR chapter 419, division 110.
Statutory/Other Authority
ORS 409.050, 430.731 & 409.010
Statutes/Other Implemented
ORS 430.735–430.765, 443.400–443.465, 443.705–443.825, 443.875, 430.731, 430.662 & 430.768
History
OTIS 90-2023, minor correction filed 12/01/2023, effective 12/01/2023
DHS 7-2023, renumbered from 407-045-0360, filed 12/01/2023, effective 12/01/2023
DHSD 19-2020, 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, amend filed 08/27/2018, effective 08/27/2018
DHSD 3-2018, temporary amend filed 02/27/2018, effective 03/01/2018 through 08/27/2018
DHSD 4-2010, f. & cert. ef. 6-29-10
DHSD 3-2009, f. & cert. ef. 5-1-09
Renumbered from 410-009-0160, DHSD 5-2007, f. 6-29-07, cert. ef. 7-1-07
Renumbered from 309-040-0290, OMAP 87-2004, f. 11-10-04, cert. ef. 12-1-04
MHD 5-1994, f. 8-22-94 & cert. ef. 9-1-94