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Oregon Bulletin

December 1, 2012

Department of Human Services, Administrative Services Division and Director’s Office, Chapter 407

Rule Caption: Adoption of Attorney General’s Model Rules Effective January 1, 2012.

Adm. Order No.: DHSD 5-2012

Filed with Sec. of State: 10-31-2012

Certified to be Effective: 11-1-12

Notice Publication Date: 10-1-2012

Rules Amended: 407-001-0000

Subject: The Department of Human Services is amending the model rules of procedure to adopt the Attorney General Model Rules applicable to rulemaking, effective on January 1, 2012.

Rules Coordinator: Jennifer Bittel—(503) 947-5250

407-001-0000

Model Rules of Procedure

The Department of Human Services (Department) adopts the Attorney General Model Rules applicable to rulemaking, effective on January 1, 2012, with the exception of 137-001-0080.

[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the Department of Human Services.]

Stat. Auth.: ORS 183.341 & 409.050

Stat. Implemented: ORS 183.341 & 409.050
Hist.: DHSD 3-2006, f. 5-11-06, cert. ef. 6-1-06; DHSD 9-2008, f. & cert. ef. 12-5-08; DHSD 5-2012, f. 10-31-12, cert ef. 11-1-12


 

Rule Caption: Amendment to Update Office Name in Definitions.

Adm. Order No.: DHSD 6-2012

Filed with Sec. of State: 10-31-2012

Certified to be Effective: 11-1-12

Notice Publication Date: 10-1-2012

Rules Amended: 407-045-0610

Subject: The definition, “Office of Investigations and Training,” is being amended to reflect the new office name “Office of Adult Abuse Prevention and Investigations” in the rules for notice and review of substantiated abuse or neglect in 24-hour residential care for children with developmental disabilities.

Rules Coordinator: Jennifer Bittel—(503) 947-5250

407-045-0610

Definitions

For the purposes of these rules, the following words and phrases have these meanings:

(1) “24-Hour Program” means a residential program licensed by the Office of Developmental Disability Services (ODDS) in the Aging and People with Disabilities Division (APD) under the 24-hour rule and contracted by APD to serve children under the age of 18 who have developmental disabilities.

(2) “Legal Finding” means a Court finding, guilty plea or guilty verdict which identifies that the person inquiring about or requesting a review was responsible for the child abuse or neglect or any other offense stemming from the employee’s or subcontracting individual’s conduct which was the subject of the OAAPI substantiated determination.

(3) “Notice of Office of Developmental Disability Review Committee Decision” means a written notice of the decision of the ODDSRC. This notice is delivered to the agency or program employee or subcontracting individual identified as responsible for the child abuse or neglect.

(4) “Notice of OAAPI Substantiated Determination” means that OAAPI determined at the conclusion of an investigation of alleged child abuse or neglect that there is reasonable cause to believe child abuse or neglect occurred; and, when known, that there is reasonable cause to believe that a specific person or persons employed by the 24-hour residential program or subcontracting with that program were responsible for the child abuse or neglect.

(5) “Notice of Waived Rights for Review” means a written notice that OAAPI staff may send to a person requesting a review, when OAAPI has documentation that a person refused to accept delivery of the notice of OAAPI substantiated determination or that the person accepted the delivery and did not request a review within 30 calendar days, or when there is a legal determination which indicates that the perpetrator was responsible for the subject child abuse or neglect.

(6) “Office of Developmental Disability Services Review Committee” or “ODDSRC” means a group of three APD employees selected by the ODDS Assistant Administrator or a designee, none of whom were involved in the investigation that resulted in the specific OAAPI substantiated determination under review.

(7) “OAAPI” means the Office of Adult Abuse Prevention and Investigations of the Department of Human Services, which performs investigations of alleged child abuse or neglect where the alleged victim has developmental disabilities and lives in an ODDS licensed 24-hour residential program and the perpetrator is an employee or subcontracting individual of that program.

(8) “OAAPI Determination” is a finding that completes an OAAPI investigation. Determinations are defined in OAR 309-045-0160 and summarized as follows:

(a) “Substantiated” means that based on the evidence there is reasonable cause to believe that conduct in violation of the abuse or neglect definitions occurred and such conduct is attributable to the person(s) alleged to have engaged in the conduct.

(b) “Unsubstantiated” means that based on the evidence, it was determined that there is reasonable cause to believe that the alleged incident was not in violation of the definitions of abuse and/or attributable to the person(s) alleged to have engaged in such conduct.

(c) “Inconclusive” means that the matter is not resolved and the available evidence does not support a final decision that there was reasonable cause to believe that abuse or neglect occurred or did not occur.

(9) “Perpetrator” means an individual employee or subcontracting individual identified by OAAPI as responsible for child abuse or neglect in an OAAPI substantiated determination.

(10) “Person Requesting Review” or “Requestor” means an individual who is identified as the perpetrator in an OAAPI substantiated determination and who requests a review of the determination because the individual believes the determination is in error.

(11) “Request for Review by Office of Development Disability Review Committee” means a written request from a person requesting review. The specific requirements for a request for review are described in OAR 309-045-0170.

(12) “Retain a Request for Review” means an ODDS manager or designee determines a request for review will be held until a court legal finding is made. More specific details are described in OAR 309-045-0180.

Stat. Auth.: ORS 409.050 & 430.041
Stats. Implemented: ORS 430.041
Hist.: MHD 14-2000(Temp), f. & cert. ef. 10-26-00 thru 4-23-01; MHD 1-2001, f. 4-9-01, cert. ef. 4-23-01; Renumbered from 309-045-0110, DHSD 9-2007, f. & cert. ef. 10-1-07; DHSD 6-2012, f. 10-31-12, cert. ef. 11-1-12

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

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