1. (1) After an abuse investigation report has been approved to close under OAR 419-110-0080, OTIS shall notify the AP of the outcome as provided in this section.

   1. (a) OTIS shall provide a written notice of outcome to the AP for allegations determined as not substantiated under these rules.
   2. (b) When an allegation is determined to be substantiated under these rules, OTIS shall send a Notice of Abuse Determination with a copy of the redacted abuse investigation report. The Notice of Abuse Determination shall include the information described in OAR 137-003-0505(1) and (2)(a) and ORS 183.415.

   3. (c) The notices sent to the AP shall be by all of the following:

      1. (A) Regular mail.
      2. (B) Certified mail with return receipt requested.
      3. (C) Alternative methods such as fax or electronic mail, when the respondent has requested an alternate method.

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

   1. (a) The Authority or Department involving residential facilities, community programs and regulated service providers licensed, certified, endorsed by the Authority or Department;
   2. (b) The facility or community program that employs the AP;
   3. (c) ODHS/OHA Human Resources for APs who are state employees;
   4. (d) The alleged victim’s case management entity (community program or brokerage); and
   5. (e) The alleged victim’s guardian.
3. (3) The investigator may assure that the abuse finding is provided to the alleged victim by their case manager with a trauma informed approach as part of protective services follow-up.
4. (4) OTIS shall document the notices provided and maintain a record of all notifications provided in this rule section.

Statutory/Other Authority

ORS 409.010, 409.050, 413.085 & ORS 430.731

Statutes/Other Implemented

ORS 430.731, ORS 409.027, 413.036, 183.415, 430.735 to 430.765, 430.768, 443.400 to 443.465, 443.705 – 443.825, 443.875 & 430.610 to 430.695

History

OTIS 102-2023, minor correction filed 12/01/2023, effective 12/01/2023
DHS 7-2023, renumbered from 407-045-0210, filed 12/01/2023, effective 12/01/2023
DHS 19-2022, minor correction filed 05/02/2022, effective 05/02/2022
DHSD 8-2019, amend filed 06/28/2019, effective 07/01/2019
DHSD 1-2019, temporary amend filed 02/12/2019, effective 02/12/2019 through 08/10/2019
DHSD 23-2018, temporary amend filed 08/09/2018, effective 08/15/2018 through 02/10/2019
DHSD 2-2018, adopt filed 02/27/2018, effective 02/27/2018
DHSD 9-2017(Temp), f. & cert. ef. 9-1-17 thru 2-27-18