Or. Admin. R. 411-323-0040 : — DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIESAGENCY CERTIFICATION AND ENDORSEMENT TO DELIVER DEVELOPMENTAL DISABILITIES SERVICES IN COMMUNITY-BASED SETTINGS —323-0040 - Inspections and Investigations

(1) Agencies certified and endorsed under these rules must allow all of the following types of investigations and inspections:
(a) Quality assurance, onsite inspections, and certificate renewal.
(b) Complaint investigations.
(c) Abuse investigations.
(d) Death reviews.
(2) The Department, the designee of the Department, or proper authority shall perform all inspections and investigations.
(3) Any inspection or investigation may be unannounced.
(4) All documentation and written reports required by these rules must be:
(a) Open to inspection and investigation by the Department, the designee of the Department, or proper authority; and
(b) Submitted to, or be made available for review by, the Department within the time allotted.
(5) When abuse is alleged or death of an individual has occurred and a law enforcement agency, the Department, or the designee of the Department has determined to initiate an investigation, the agency may not conduct an internal investigation without prior authorization from the Department. For the purposes of this section, an "internal investigation" is defined as:
(a) Conducting interviews of the alleged victim, witness, the accused person, or any other person who may have knowledge of the facts of the abuse allegation or related circumstances;
(b) Reviewing evidence relevant to the abuse allegation, other than the initial report; or
(c) Any other actions beyond the initial actions of determining:
(A) If there is reasonable cause to believe that abuse has occurred;
(B) If the alleged victim is in danger or in need of immediate protective services;
(C) If there is reason to believe that a crime has been committed; or
(D) What, if any, immediate personnel actions must be taken to assure individual safety.
(6) The Department, or the designee of the Department, shall conduct abuse investigations as described in OAR 407-045-0250 through 407-045-0360 and shall complete an Abuse Investigation and Protective Services Report according to OAR 407-045-0320.
(7) Upon completion of the abuse investigation by the Department, the designee of the Department, or a law enforcement agency, the agency may conduct an investigation without further Department approval to determine if any personnel actions are necessary.
(8) The agency must submit a plan of correction to the Department for any noncompliance found during an inspection under this rule.

Or. Admin. R. 411-323-0040

SPD 12-2011, f. & cert. ef. 7-1-11; SPD 19-2011(Temp), f. & cert. ef. 7-1-11 thru 12-28-11; SPD 1-2012, f. & cert. ef. 1-6-12; APD 42-2014, f. 12-26-14, cert. ef. 12/28/2014; APD 44-2019, amend filed 10/29/2019, effective 11/1/2019

Statutory/Other Authority: ORS 409.050

Statutes/Other Implemented: ORS 427.007 & 430.215