Or. Admin. Code § 419-210-0156 - Investigating Reports of Wrongful Restraint or Involuntary Seclusion

When investigating an allegation of wrongful restraint or involuntary seclusion, the investigator must:

(1) Review all relevant incident reports related to the child-in-care and other reports related to the restraint or involuntary seclusion of the child-in-care;

(2) Review any audio, video or photographic recordings of the restraint or involuntary seclusion, including the circumstances immediately before and following the incident;

(3) Review the training records related to all of the individuals who were involved in the use of restraint or involuntary seclusion;

(4) Make all reasonable efforts to conduct interviews that are trauma-informed of each child witness, including the child in care who is the subject of suspected abuse unless the investigator makes a specific determination that the interview may significantly traumatize the child and is not in the best interests of the child. During an interview with the child-in-care who is the subject of the suspected abuse, ask the child about whether they experienced any reportable injury or pain as a result of the restraint or involuntary seclusion; and

(5) Conduct the interviews described in OAR 419-210-0150(6).

Notes

Or. Admin. Code § 419-210-0156

DHS 4-2022, adopt filed 03/05/2022, effective 03/05/2022; DHS 9-2022, minor correction filed 04/25/2022, effective 04/25/2022; DHS 13-2024, renumbered from 407-046-0156, filed 10/30/2024, effective 11/1/2024; OTIS 18-2024, minor correction filed 11/01/2024, effective 11/1/2024

Statutory/Other Authority: ORS 409.050 & 418.005

Statutes/Other Implemented: ORS 409.050, 418.005, 443.400 - 443.455, 418.519 - 418.532, 409.185, 418.257 - 418.259 & 419B.005 - 419B.050