Or. Admin. Code § 419-240-0130 - Determining OTIS Response for Third-Party Professionals
(1) Based on information gathered in OAR
419-240-0120, 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) or
(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 adult who meets the definition of "third-party
professional".
(c) The alleged
victim was a child at the time of the alleged abuse, as defined in these rules
(OAR chapter 419, division 240).
(d) The relationship between the respondent
and the alleged victim is due to the respondent's position or
occupation.
(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 240).
(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 timeline
must 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 must 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
initial contact timeline to within 72 hours or within 10 business days. The
supervisor must explain in writing why the timeline 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) A report may be closed at screening when
the report of child abuse is being investigated by a law enforcement agency
(ORS 419B.020(2)).
(c) OTIS supervisor or designee approval must
be obtained when a report will be closed at screening.
(5) When a report is determined not to be the
responsibility of OTIS under OAR chapter 413 division 015, OTIS must refer the
report to the appropriate investigative authority. OTIS must follow mandatory
reporting requirements of other Oregon Revised Statutes.
(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
Statutes/Other Implemented: ORS 419B.005 - 419B.050
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