Or. Admin. Code § 411-020-0100 - Community Investigation, Documentation, and Notification
(1) Community
investigations shall be objective, professional, and thorough.
(2) A community abuse investigation shall be
conducted and documented when the alleged perpetrator is reported to have
abused:
(a) An older adult or adult with a
physical disability residing in a non-facility setting.
(b) An adult residing in an APD licensed
facility setting when the alleged perpetrator is not employed by, volunteers
for, or is contracted personnel with the facility.
(c) An adult with Medicaid services who
receives services from a regulated provider.
(3) A community self-neglect investigation
shall be conducted and documented when an adult eligible for Adult Protective
Services is reported to be unable to understand the consequences of their
actions or inaction, and that inability leads to, or may lead to, harm or
endangerment to themselves. Assessment is a key element of self-neglect
investigations.
(4) In completing a
community investigation, the APS worker must:
(a) Identify the alleged victim, any alleged
perpetrators, and any other parties reported to have information relevant to
proving or disproving the allegations.
(b) Conduct interviews with the parties
described in section (a) of this section to gather all relevant available
evidence. All interviews must be private unless the individual being
interviewed requests the presence of someone else. Any individuals listening to
the interview must be advised of the confidential nature of the
investigation.
(c) Interview the
alleged victim and any alleged perpetrators unannounced and in-person, unless a
deviation under OAR 411-020-0040(4)
is required for the safety of any party, an in-person interview is unable to be
obtained, or at the request of law enforcement. Key witnesses should be
interviewed in person.
(d) Obtain
and review all available documentary or physical evidence relevant to reaching
a finding, including any information establishing the severity of the incident
under investigation.
(e) The
Department may photograph, or cause to have photographed, any alleged victim
for the purposes of preserving evidence of the alleged victim's condition
observed at the time of the investigation. The photographs shall be considered
records and subject to confidentiality rules.
(f) Gather and include evidence relevant to
determining the conduct of any alleged perpetrators and the severity of the
risk or outcome to the alleged victim.
(g) Create additional investigatory aids,
such as maps or drawings that may aid in proving or disproving the
allegations.
(h) Maintain a record
of interviews and evidentiary review, in notes, recordings, records,
photographs, scanned documents, or other appropriate means.
(i) Determine the facts of the case based on
a fair and objective review of the available relevant evidence.
(j) Conclude whether the preponderance of the
evidence indicates whether abuse or self-neglect is substantiated or
unsubstantiated, that the evidence is inconclusive, or that the investigation
will be closed administratively without a determination.
(5) Investigations must be documented and
closed in the Centralized Abuse Management (CAM) system.
(6) The local office must complete community
investigations on or before 120 days from date of screening decision (unless
delayed by a concurrent criminal investigation or otherwise by policy) and
prepare a final report that includes, but is not limited to, the following
information:
(a) The dates, locations, and
description of the initial reported abuse.
(b) The date that the investigation was
commenced and completed, and by whom.
(c) Characteristics of the alleged victim
including identified language, race, and ethnicity.
(d) Relationship of the alleged victim to the
reporter, witnesses, and any alleged perpetrators.
(e) A statement of the specific allegations
investigated.
(f) The statements of
all parties interviewed regarding the allegations.
(g) A description of the documents and
records reviewed during the investigation, summarizing their content to the
extent necessary to explain their relevance to the investigation and support
the findings of fact.
(h) A summary
of any direct observations by the investigator that are relevant to the
investigation and its findings.
(i)
A statement of the factual basis for any findings and a summary of the findings
made as a result of the investigation, including attributions to witness
statements, documents, or observations that support each finding of
fact.
(j) A conclusion.
(k) A summary of protective services offered
to the alleged victim, with outcomes, if known.
(l) A summary of referrals to other agencies
or authorities resulting from the investigation, with outcomes, if
known.
(m) Reasons for any
deviations from required timelines or standard practices.
(7) When a community complaint investigation
has been completed, the reporter, the alleged victim, and the alleged
perpetrators may be informed (verbally, unless notification in writing is
requested) that:
(a) There was an allegation
of abuse or self-neglect and the type of abuse or self-neglect being
investigated.
(b) Appropriate
action is being taken.
(c) The
outcome of the investigation as one of the following:
(A) No abuse or self-neglect was found
(unsubstantiated).
(B) Abuse or
self-neglect was found (substantiated).
(C) The investigation was
'inconclusive'.
(D) The
investigation was closed without a determination of whether abuse or
self-neglect occurred (Administrative Closure).
(8) When the community investigation is
closed, the local office must retain case records for a period of 15 years
after last activity. Final community APS records are maintained and distributed
by the local office, as appropriate.
(9) The Department must collect statewide
data on all aspects of Adult Protective Services as specified by Department
policy and procedure. As reasonably requested, the local offices shall provide
data not otherwise available through centralized Department data
systems.
Notes
Statutory/Other Authority: ORS 124.055, 124.065, 409.010, 410.020, 410.040, 410.070, 411.060 & 411.116, 443.450, 443.765, 443.767
Statutes/Other Implemented: ORS 124.050 - 124.095, 409.010, 410.020, 410.040, 410.070 & 411.060, 411.116, 443.500, 443.767
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