Or. Admin. Code § 419-210-0190 - Notifications at the Conclusion of an Investigation
After an abuse determination is made and the abuse investigation report has been approved, OTIS must make and document the following notifications:
(1) OTIS must
notify law enforcement of the abuse determination and may provide a unredacted
copy of the abuse investigation report.
(2) OTIS must make diligent efforts to notify
the reporter, if contact information was provided, of the following
information:
(a) Whether contact with the
child was made; and
(b) Whether
OTIS determined abuse occurred
(3) OTIS must notify the respondent when:
(a) A report is determined to be
"Unsubstantiated" or "Inconclusive" (see OAR 419-210-0170), OTIS must provide
written notice to the respondent.
(b) A report is determined to be
"Substantiated" (see OAR 419-210-0170), OTIS must send a Notice of Abuse
Determination (as described in ORS
183.415) to the respondent by:
(A) Regular mail and certified mail with
return receipt requested.
(B)
Alternative methods such as fax or electronic mail only when the respondent has
requested an alternate method.
(C)
A copy of the Notice of Abuse Determination must also be provided to the
respondent's attorney, if applicable.
(c) Information on how to request a redacted
copy of a substantiated report must be included in the Notice of Abuse
Determination sent to the respondent. The information must state the conditions
for when the respondent may make this request.
(4) When a report involves a child-caring
agency or proctor foster home, the OTIS investigator must send the
investigation report to personnel designated (CCA Notifications) to make
notifications required in Oregon law and OAR
413-215-0136.
(5) When a report involves an ODDS licensed
group home, ODDS host home, or ODDS foster home the OTIS investigator must make
the following notifications:
(a) Appropriate
personnel within the Department.
(b) The ODDS licensed group home or ODDS host
home.
(c) The Tribe (as provided
under OAR chapter 413, division 115) when the OTIS investigator knows or has
reason to know the alleged victim is an Indian child.
(d) Legal guardian of the child.
(e) If the report was "Substantiated" OTIS
must notify:
(A) The Director of the
Department;
(B) The Director of
Child Welfare; and
(C) The Director
of the Office of Developmental Disabilities Services.
(6) Others as required or
otherwise authorized including, but not limited to:
(a) Disability Rights Oregon when a report of
abuse is alleged to have occurred at a school or in an educational setting and
the report involves a child with a disability (ORS
419B.035(1)).
(b) Teacher Standards and Practices
Commission as provided in ORS
419B.035.
(c) The Department of Early Learning and Care
when required by ORS 419B.020 or ORS
419B.035.
(d) Any individual, administrative hearings
officer, court, agency, organization, or other entity when determined necessary
under ORS 419B.035(3).
(7) Any deviations from making required
notifications must be approved by an OTIS supervisor and justification
documented in the investigative report.
Notes
Statutory/Other Authority: ORS 409.050, 418.005 & 419B.035
Statutes/Other Implemented: ORS 409.050, 443.400 - 443.455, 409.185, ORS 419B.027, 419B.005 - 419B.050, 418.005 & 418.257 - 428.259
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