Department of Human Services
Chapter 407
Division 46
OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD-IN-CARE ABUSE
407-046-0180
Child-In-Care Abuse Rules: Abuse Investigation Report
(1) Timeline to Complete the Abuse Investigation Report. Unless an extension is granted as provided in subsection (c) of this section, an OTIS investigator must complete and electronically submit the abuse investigation report for supervisor approval within 60 calendar days from the date the report was assigned for investigation.
(a) An OTIS supervisor must review and approve the completed abuse investigation report within five business days of the electronic submission by the OTIS investigator.
(b) An extension to the timeline may be granted when:
(A) An OTIS supervisor may approve a one-time 30 calendar day extension when good cause is shown, such as when critical information necessary to make an abuse determination is outstanding.
(B) The director of OTIS or designee may approve additional extensions only for reasons beyond the control of OTIS, such as to allow a law enforcement investigation to proceed.
(C) When an extension is granted, the OTIS investigator must notify relevant entities of the approved extension and the new due date for the report's completion. The notification is provided to a representative for the child-caring agency, proctor foster home, ODDS licensed group home, ODDS host home, or ODDS foster home associated with the report except when it could compromise a child’s safety or a criminal investigation.
(2) Contents of the Abuse Investigation Report. The OTIS investigator must prepare a written report that includes all of the following:
(a) A description of the allegation of abuse being investigated, including the date, location, and time if known.
(b) An outline of steps taken and information gathered in the investigation including, but not limited to, a list of all witnesses interviewed and summary of information obtained from interviews and list of sources of information reviewed, such as records, documents, reports, and summary of information obtained from those information sources.
(c) A specific determination of whether the abuse allegation is “Substantiated”, “Unsubstantiated”, or “Inconclusive” as provided in OAR 407-046-0170 and the basis for that determination.
(d) A list of all individuals and entities notified under 407-046-0190.
(e) The name and title of the individual completing the abuse investigation report.
(f) Documentation that an OTIS supervisor has reviewed and approved the abuse investigation report.
(3) The failure of OTIS to include all elements of sections (1) and (2) does not invalidate the written report or abuse determination.
Statutory/Other Authority: ORS 409.050 & 418.005
Statutes/Other Implemented: ORS 409.050, ORS 443.400 to 443.455, 419B.005 – 419B.050, 409.185, 418.005 & 418.257 – 418.259
History:
DHS 16-2021, minor correction filed 07/01/2021, effective 07/01/2021
DHS 9-2021, renumbered from 407-045-0890, filed 07/01/2021, effective 07/01/2021
DHS 2-2021, amend filed 02/26/2021, effective 03/01/2021
DHSD 35-2019, amend filed 12/30/2019, effective 01/01/2020
DHSD 14-2018, amend filed 06/29/2018, effective 06/30/2018
DHSD 17-2017, temporary amend filed 12/28/2017, effective 01/01/2018 through 06/29/2018
DHSD 8-2016, f. & cert. ef. 12-1-16
DHSD 7-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
DHSD 5-2010, f. 6-30-10, cert. ef. 7-1-10
DHSD 4-2008, f. & cert. ef. 5-30-08
DHSD 12-2007(Temp), f. & cert. ef.12-3-07 thru 5-30-08