2011 ORS § 443.767¹
Investigation of complaint
  • rules

(1) When the licensing agency receives a complaint that alleges that a resident of a licensed adult foster home has been injured, abused or neglected, and that the residents health or safety is in imminent danger, or that the resident has died or been hospitalized, the investigation shall begin immediately after the complaint is received. If the investigator determines that the complaint is substantiated, the licensing agency shall take appropriate corrective action immediately.

(2) When the licensing agency receives a complaint that alleges the existence of any circumstance that could result in injury, abuse or neglect of a resident of a licensed adult foster home, and that the circumstance could place the residents health or safety in imminent danger, the agency shall investigate the complaint promptly. If the investigator determines that the complaint is substantiated, the agency shall take appropriate corrective action promptly.

(3) After public hearing, the licensing agency shall by rule set standards for the procedure, content and time limits for the initiation and completion of investigations of complaints. The time limits shall be as short as possible and shall vary in accordance with the severity of the circumstances alleged in the complaint. In no event shall the investigation exceed a duration of 60 days, unless there is an ongoing concurrent criminal investigation, in which case the licensing agency may take a reasonable amount of additional time in which to complete the investigation.

(4) The licensing agency shall take no longer than 60 days from the completion of the investigation report to take appropriate corrective action in the case of any complaint that the investigator determines to be substantiated.

(5)(a) The licensing agency shall mail a copy of the investigation report within seven days of the completion of the report to:

(A) The complainant, unless the complainant requests anonymity;

(B) The resident, and any person designated by the resident to receive information concerning the resident;

(C) The facility; and

(D) The Long Term Care Ombudsman.

(b) The copy of the report shall be accompanied by a notice that informs the recipient of the right to submit additional evidence.

(6) The complaint and the investigation report shall be available to the public at the local office of the licensing agency or the type B area agency on aging, if appropriate. When the licensing agency or type B area agency on aging concludes the investigation of a complaint, the licensing agency or type B area agency on aging shall clearly designate the outcome of the complaint investigation and make the designation available to the public together with the complaint and the investigation report.

(7) A copy of the report shall be forwarded to the licensing agency whether or not the investigation report concludes that the complaint is substantiated. [1991 c.960 §8; 2001 c.447 §2; 2001 c.900 §190; 2009 c.595 §791n]