Or. Admin. Code § 419-230-0190 - 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 notifications described in this rule.
(1) OTIS must notify law enforcement of the
abuse determination and may provide a copy of the unredacted 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 legal guardian of the alleged victim when the alleged victim is
currently a child.
(4) OTIS must
notify the respondent when:
(a) A report is
determined to be "Unfounded" or "Unable to Determine" (See OAR 419-230-0170 and
OAR 419-230-0173), OTIS must provide written notice to the
respondent.
(b) A report is
determined to be "Founded" under OAR 419-230-0170 or OAR 419-230-0173, 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) The Notice of Abuse Determination must
include information described in:
(A) OAR
137-003-0505(1) and
(2)(a);
(B) ORS
183.415; and
(C) How to request a redacted copy of the
founded report. The information must state the conditions for when the
respondent may make this request.
(5) OTIS must provide the education provider
a copy of the unredacted abuse investigation as permitted by ORS
419B.035(1)(m).
(6) OTIS must provide the Teacher Standards
and Practices Commission a copy of the unredacted abuse investigation if the
Department believes the school employee, contractor, agent or volunteer is
licensed or registered by the commission.
(7) OTIS must provide the Department of
Education a copy of the unredacted abuse investigation if the Department
believes the report of suspected abuse:
(a)
Occurred in a school or was related to a school-sponsored activity;
or
(b) Involves a child and a
person who is a school employee, contractor, agent or volunteer.
(c) The notification must state the
Department of Education is responsible for immediate notification to the
appropriate education provider to ensure the safety of the child.
(8) Others as required or
otherwise authorized including, but not limited to:
(a) Appropriate personnel within the
Department.
(b) 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.
(c) Disability Rights Oregon if the alleged
abuse occurred at a school or in an educational setting that involves a child
with a disability (ORS
419B.035
(1)).
(d) Oregon Youth Authority: Professional
Standards Office when the alleged abuse involves a youth under the jurisdiction
of OYA, or the education provider is a Youth Corrections Education
Program.
(e) The Department of
Early Learning and Care when required by ORS
419B.020 or ORS
419B.035.
(f) Any individual, administrative hearings
officer, court, agency, organization, or other entity when determined necessary
under ORS 419B.035(3).
(9) 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 & ORS 419B.019
Statutes/Other Implemented: ORS 419B.005 - 419B.050, Section 8, chapter 581, OL 2023 (Note ORS 419B) & ORS 419B.027
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