Department of Human Services
Chapter 407
Division 46
OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - CHILD-IN-CARE ABUSE
407-046-0190
Child-In-Care Abuse Rules: 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 following notifications:
(1) OTIS must notify law enforcement of the abuse determination and may provide a unredacted copy of the 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 respondent when:
(a) A report is determined to be “Unsubstantiated” or “Inconclusive” (see OAR 407-046-0170), OTIS must provide written notice to the respondent.
(b) A report is determined to be “Substantiated” (see OAR 407-046-0170), 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.
(4) When a report involves a child-caring agency or proctor foster home, the OTIS investigator must send the investigation report to personnel designated (CCA Notifications) to make notifications required in Oregon law and OAR 413-215-0136.
(5) When a report involves an ODDS licensed group home, ODDS host home, or ODDS foster home the OTIS investigator must make the following notifications:
(a) Appropriate personnel within the Department.
(b) The ODDS licensed group home or ODDS host home.
(c) 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.
(d) Legal guardian of the child.
(e) If the report was “Substantiated” OTIS must notify:
(A) The Director of the Department;
(B) The Director of Child Welfare; and
(C) The Director of the Office of Developmental Disabilities Services.
(6) Others as required or otherwise authorized including, but not limited to:
(a) Disability Rights Oregon when a report of abuse is alleged to have occurred at a school or in an educational setting and the report involves a child with a disability. (ORS 419B.035(1).
(b) Teacher Standards and Practices Commission as provided in ORS 419B.035.
(c) The Department of Early Learning and Care when required by ORS 419B.020 or 419B.035.
(d) Any individual, administrative hearings officer, court, agency, organization, or other entity when determined necessary under ORS 419B.035(3).
(7) Any deviations from making required notifications must be approved by an OTIS supervisor and justification documented in the investigative report.
Statutory/Other Authority: ORS 409.050, 418.005 & 419B.035
Statutes/Other Implemented: ORS 409.050, 443.400 - 443.455, 409.185, 418.257 – 428.259, 419B.005 – 419B.050, 418.005 & Senate Bill 757 (2023 OL Chapter 188)
History:
DHS 18-2023, amend filed 12/22/2023, effective 01/01/2024
DHS 9-2023, minor correction filed 12/11/2023, effective 12/11/2023
DHS 29-2022, amend filed 07/20/2022, effective 08/01/2022
DHS 20-2021, minor correction filed 08/19/2021, effective 08/19/2021
DHS 9-2021, renumbered from 407-045-0895, 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 13-2019, amend filed 08/01/2019, effective 08/01/2019
DHSD 5-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
DHSD 29-2018, amend filed 10/31/2018, effective 11/01/2018
DHSD 22-2018, temporary amend filed 07/10/2018, effective 07/10/2018 through 01/05/2019
DHSD 20-2018, minor correction filed 07/02/2018, effective 07/02/2018
DHSD 15-2018, minor correction filed 07/02/2018, effective 07/02/2018
DHSD 7-2018, amend filed 04/27/2018, effective 04/28/2018
DHSD 17-2017, temporary amend filed 12/28/2017, effective 01/01/2018 through 06/29/2018
DHSD 14-2017, amend filed 11/01/2017, effective 11/01/2017
DHSD 8-2017(Temp), f. & cert. ef. 7-17-17 thru 1-12-18
DHSD 8-2016, f. & cert. ef. 12-1-16
DHSD 7-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16