Or. Admin. Code § 419-230-0150 - Investigating Reports of Abuse
An OTIS investigator must attempt and, when possible, complete all of the following activities when a report has been assigned for investigation:
(1) The OTIS
investigator must contact the responsible law enforcement agency, as provided
in ORS 419B.015, to establish if a
criminal investigation is being conducted and jointly determine the roles and
responsibilities of OTIS and the law enforcement agency in their respective
investigations.
(2) Share
information and coordinate with Department personnel or other appropriate
entities who have responsibilities to children associated with the report of
abuse.
(3) Make initial contact
with the alleged victim of abuse within the OTIS initial contact time line
assigned at screening. When an alleged victim is currently a child the OTIS
investigator must attempt to contact the alleged victim's legal guardian within
the OTIS initial contact timeline assigned at screening.
(4) The OTIS investigator must provide
advanced notification to the Indian Tribe of any intent to make contact with an
individual on a reservation.
(5)
Attempt to interview the following:
(a) The
alleged victim in the report. The OTIS investigator must notify the legal
guardian of a child prior to any interview with a child, unless notification is
prohibited by law or court order or would compromise safety or a criminal
investigation.
(b) Any witnesses to
the alleged abuse.
(c) The
respondent.
(A) Prior to requesting an
investigative interview, the OTIS investigator must ensure the respondent is
provided written notification.
(B)
If the respondent refuses to be interviewed, this must be documented in the
abuse investigation report.
(C) If
the respondent does not respond to a request to be interviewed, at least three
additional attempts to interview the respondent must be made:
(i) At least one of the additional three
attempts must be made by phone to the last known phone number.
(ii) At least one of the additional three
attempts must be made by mail to the last known address.
(iii) All attempts to contact the respondent
must be documented in the abuse investigation report.
(d) Others who may have knowledge
of the facts of the alleged abuse or related circumstances as determined
appropriate by the OTIS investigator.
(6) Conduct interviews in person when
practicable.
(7) Conduct interviews
with alleged victims and witnesses without the presence of employees of the
Education Provider if determined appropriate by the OTIS
investigator.
(8) Inform
individuals being interviewed that they may decline to be
interviewed.
(9) Comply with ORS
419B.045 when an interview or
other contact will occur on public school premises.
(10) Obtain and review relevant material
evidence, which includes, but is not limited to:
(a) Conducting a site visit to the school
that is the subject of the report of abuse or other relevant location as
determined appropriate by the OTIS investigator.
(b) Receiving and/or reviewing video or audio
records from the school or community.
(c) Receiving, reviewing, or copying records,
documents, and materials pertaining to the alleged victim of abuse including,
but not limited to, incident reports, evaluations, attendance records, or other
documents as determined appropriate by the OTIS investigator.
(d) Receiving, reviewing, or copying records,
documents and materials pertaining to an employee, agent, contractor, or
volunteer of an education provider, including, but not limited to, personal
contact information, performance reviews, employee records, records of past
complaints or concerns and attendance records.
(e) Taking photographs as determined
appropriate by the OTIS investigator.
(f) Receiving and reviewing relevant law
enforcement records.
(11)
When an OTIS investigator observes a child, who has suffered a suspicious
physical injury and the OTIS investigator is certain or has reasonable
suspicion that the injury is or may be the result of abuse, the OTIS
investigator must comply with 419B.023 (Karly's Law). This includes:
(a) Identifying the protocols and procedures
of the applicable county multidisciplinary child abuse team described in ORS
418.747; and
(b) Ensuring photographs are taken and
medical assessments are pursued as provided in the applicable
protocol.
(12) If any of
the requirements in (1) through (11) of this rule cannot be met:
(a) Convene a staffing with an OTIS
supervisor regarding the requirements that cannot be met;
(b) Obtain approval from an OTIS supervisor
for deviating from the requirements of this rule; and
(c) Explain which requirements in this rule
that cannot be met and document OTIS supervisor approval in the investigative
report.
(13) When
investigation activities are complete:
(a)
Unless an exception in OAR 419-230-0160 (Exception to Completing an
Investigation) applies, make an abuse determination as provided in OAR
419-230-0170 or OAR 419-230-0173;
(b) Issue an abuse investigation report as
provided in OAR 419-230-0180; and
(c) Make notifications as provided in OAR
419-230-0190.
Notes
Statutory/Other Authority: ORS 409.050 & ORS 419B.019
Statutes/Other Implemented: ORS 419B.005 - 419B.050
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