2011 ORS § 430.731¹
Uniform investigation procedures
- • rules
(1) The Department of Human Services or a designee of the department shall conduct the investigations and make the findings required by ORS 430.735 (Definitions for ORS 430.735 to 430.765) to 430.765 (Duty of officials to report abuse).
(2) The department shall prescribe by rule policies and procedures for the investigations of allegations of abuse of a person with a developmental disability as described in ORS 430.735 (Definitions for ORS 430.735 to 430.765) (2)(a) to ensure that the investigations are conducted in a uniform, objective and thorough manner in every county of the state including, but not limited to, policies and procedures that:
(a) Limit the duties of investigators solely to conducting and reporting investigations of abuse;
(b) Establish investigator caseloads based upon the most appropriate investigator-to-complaint ratios;
(c) Establish minimum qualifications for investigators that include the successful completion of training in identified competencies; and
(d) Establish procedures for the screening and investigation of abuse complaints and establish uniform standards for reporting the results of the investigation.
(3) A person employed by or under contract with the department, the designee of the department or a community developmental disabilities program to provide case management services may not serve as the lead investigator of an allegation of abuse of a person with a developmental disability.
(4) The department shall monitor investigations conducted by a designee of the department. [2009 c.837 §7; 2009 c.828 §82]
Note: 430.731 (Uniform investigation procedures) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Note: Sections 8 and 43, chapter 837, Oregon Laws 2009, provide:
Sec. 8. (1) The district attorney in each county shall be responsible for developing county multidisciplinary teams to consist of but not be limited to personnel from the community mental health program, the community developmental disabilities program, the Department of Human Services or a designee of the department, the Oregon Health Authority or a designee of the authority, the local area agency on aging, the district attorneys office, law enforcement and an agency that advocates on behalf of individuals with disabilities, as well as others specially trained in the abuse of adults.
(2) The teams shall develop a written protocol for immediate investigation of and notification procedures for cases of abuse of adults and for interviewing the victims. Each team also shall develop written agreements signed by member agencies that are represented on the team that specify:
(a) The role of each member agency;
(b) Procedures to be followed to assess risks to the adult;
(c) Guidelines for timely communication between member agencies; and
(d) Guidelines for completion of responsibilities by member agencies.
(3) Each team member shall have access to training in risk assessment, dynamics of abuse of adults and legally sound interview and investigatory techniques.
(4) All investigations of abuse of adults by the department or its designee or the authority or its designee and by law enforcement shall be carried out in a manner consistent with the protocols and procedures called for in this section.
(5) All information obtained by the team members in the exercise of their duties is confidential.
(6) Each team shall develop and implement procedures for evaluating and reporting compliance of member agencies with the protocols and procedures required under this section.
(7) Each team shall annually report to the Department of Justice and the Oregon Criminal Justice Commission the number of:
(a) Substantiated allegations of abuse of adults in the county for the preceding 12 months.
(b) Substantiated allegations of abuse referred to law enforcement because there was reasonable cause found that a crime had been committed.
(c) Allegations of abuse that were not investigated by law enforcement.
(d) Allegations of abuse that led to criminal charges.
(e) Allegations of abuse that led to prosecution.
(f) Allegations of abuse that led to conviction. [2009 c.837 §8; 2009 c.828 §83]
Sec. 43. Section 8 of this 2009 Act is repealed January 2, 2015. [2009 c.837 §43]