Or. Admin. R. 411-323-0040 - Inspections and Investigations
(1)
Agencies certified and endorsed under these rules must allow all of the
following types of investigations and inspections:
(a) Quality assurance, onsite inspections,
and certificate renewal.
(b)
Complaint investigations.
(c) Abuse
investigations.
(d) Death
reviews.
(2) The
Department, the designee of the Department, or proper authority shall perform
all inspections and investigations.
(3) Any inspection or investigation may be
unannounced.
(4) All documentation
and written reports required by these rules must be:
(a) Open to inspection and investigation by
the Department, the designee of the Department, or proper authority;
and
(b) Submitted to, or be made
available for review by, the Department within the time allotted.
(5) When abuse is alleged or death
of an individual has occurred and a law enforcement agency, the Department, or
the designee of the Department has determined to initiate an investigation, the
agency may not conduct an internal investigation without prior authorization
from the Department. For the purposes of this section, an "internal
investigation" is defined as:
(a) Conducting
interviews of the alleged victim, witness, the accused person, or any other
person who may have knowledge of the facts of the abuse allegation or related
circumstances;
(b) Reviewing
evidence relevant to the abuse allegation, other than the initial report;
or
(c) Any other actions beyond the
initial actions of determining:
(A) If there
is reasonable cause to believe that abuse has occurred;
(B) If the alleged victim is in danger or in
need of immediate protective services;
(C) If there is reason to believe that a
crime has been committed; or
(D)
What, if any, immediate personnel actions must be taken to assure individual
safety.
(6)
The Department, or the designee of the Department, shall conduct abuse
investigations as described in OAR 407-045-0250 through 407-045-0360 and shall
complete an Abuse Investigation and Protective Services Report according to OAR
407-045-0320.
(7) Upon completion
of the abuse investigation by the Department, the designee of the Department,
or a law enforcement agency, the agency may conduct an investigation without
further Department approval to determine if any personnel actions are
necessary.
(8) The agency must
submit a plan of correction to the Department for any noncompliance found
during an inspection under this rule.
Notes
Statutory/Other Authority: ORS 409.050
Statutes/Other Implemented: ORS 427.007 & 430.215
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