Or. Admin. Code § 419-230-0130 - Determining Response
(1)
Based on information gathered in OAR 419-230-0120, an OTIS investigator must
determine the OTIS response, which must be one of the following:
(a) An investigation is required under
section (2) of this rule.
(b) An
investigation is not required under section (2) of this rule and the report
will be closed at screening as provided in section (4).
(c) Refer to other investigative authority as
provided in section (5).
(2) Investigation required. An investigation
is required when:
(a) The information alleged
in the report meets the definition of abuse in ORS
419B.005.
(b) At the time of the alleged abuse, the
respondent was an employee, contractor, agent or volunteer of an education
provider.
(c) The alleged victim
was a child at the time of the alleged abuse, as defined in these rules (OAR
chapter 419, division 230).
(d) The
relationship between the respondent and the alleged victim is due to the
respondent's role as an employee, contractor, agent or volunteer of an
education provider.
(e) If
conditions in (2)(a-d) are not met, then the director of OTIS may determine
that the Department is authorized by ORS 419B to investigate and it is in the
best interest of child safety for OTIS to investigate under these rules (OAR
chapter 419, division 230).
(3) If an investigation is required under
section (2) an OTIS supervisor or designee determines the OTIS initial contact
timeline. The initial contact timeline refers to the amount of time between
when a report is assigned for investigation and when the OTIS investigator is
required to attempt to contact the alleged victim. The OTIS supervisor or
designee must consider whether the respondent poses a risk to the alleged
victim or other children to whom the respondent has access. The initial contact
timeline must be:
(a) Within 24
hours.
(b) Within 72 hours. This
response time line may only be used when the OTIS investigator can clearly
document how the information indicates that the safety of the child will not be
compromised by not responding within 24 hours and whether an intentional delay
to allow for a planned response is less likely to compromise the safety of the
child.
(c) Within 10 business days.
This response timeline may only be used when the report is historical abuse,
and the respondent no longer has contact with the alleged victim and is not in
a caregiving role for other children.
(d) An OTIS supervisor may change the OTIS
response time line to within 72 hours or within 10 business days. the
supervisor must explain in writing why the time line was changed and how safety
was considered when the change was approved.
(4) Close at screening.
(a) A report must be closed at screening when
both of the following are true:
(A) The report
was properly determined to be the responsibility of OTIS under OAR chapter 413,
division 015.
(B) An investigation
is not required under section (2) of this rule.
(b) Supervisor or designee approval must be
obtained when a report will be closed at screening.
(5) When a report was improperly determined
to be the responsibility of OTIS under OAR chapter 413 division 015, OTIS must
refer the report to the appropriate investigative authority and follow
mandatory reporting requirements.
(a) If
contact information was provided, the OTIS investigator must make diligent
efforts to notify the reporter that the report was referred to another
investigative authority.
(b) If
other agencies were informed of the OTIS screening, the OTIS investigator must
make diligent efforts to notify them of the referral to another investigative
authority.
Notes
Statutory/Other Authority: ORS 409.050 & ORS 419B.019
Statutes/Other Implemented: ORS 419B.005 - 419B.050
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.