OAR 411-020-0121: Administrative Closure

(1) Administrative closure is a mechanism by which a DHS supervisor or designee may close an assigned investigation without the investigation reaching a conclusion as to if abuse or self-neglect occurred. (2) Administrative closure is applicable only for specific administrative purposes when it is not feasible to reach an evidentiary conclusion. It is not intended to replace "inconclusive" or "unsubstantiated" findings, which are evidence-based conclusions. As appropriate, protective services of assessment and intervention must be provided. (3) To qualify for administrative closure, an investigation must be completed to the extent necessary to determine that one or more of the following situations exist: (a) The basis for assigning and conducting the investigation is discovered to be invalid, because: (A) The alleged victim does not meet eligibility criteria under these rules. (B) Additional information is discovered that clearly indicates the report of abuse or self-neglect does not meet criteria for an abuse investigation. (C) The alleged perpetrator is deceased or a minor. (D) The reported abuse or self-neglect would clearly lead to a repeat investigation. To qualify, the situation must be the same abuse type, substantially the same allegations and involve the same alleged victim and perpetrators as a currently open or a previous investigation. A new assessment of the alleged victim must also indicate that there has been no significant change in the alleged victim’s capacity or risk level since the previous investigation. (b) Unable to determine because: (A) Necessary material evidence exceeds the Department’s scope of services and its expertise and authority to reasonably investigate the allegation, including, but not limited to: (i) Complex legal matters customarily requiring an attorney. (ii) Court findings. (iii) Commercial business deals. (iv) Professional standards and performance. (v) Medical malpractice. (vi) The Federal Government or the Oregon Legislature has authorized other entities to respond to the reported concerns, including, but not limited to: (I) Investigative agencies (e.g. Oregon Department of Justice, Federal Bureau of Investigations, and Inspector General’s Offices); (II) Licensing bodies (e.g. Medical Board, State Bar, and the Construction Contractors Board); and (III) The legal system (e.g. attorneys and courts). (B) Substantial or essential material witnesses and evidence are verified to be unavailable to such an extent that an evidence-based conclusion may not be reached. (C) Verifiable safety concerns relating to deviations under OAR 411-020-0040(4) extensively prevent adequate gathering of necessary material evidence to determine an evidence-based conclusion. (D) The investigation has been open more than one year and is not being acted upon or there is no pending action by the Department. The local and central offices must both determine that the investigation may not reasonably proceed to an evidenced-based conclusion. (4) Before closing an investigation administratively, the following conditions must be met: (a) A recent assessment of the alleged victim was completed and, as appropriate, protective services provided. (b) Reasonable diligence was applied to compete the investigation to the extent circumstances allowed or were warranted. (c) As appropriate, subject matter experts were consulted, including, but not limited to law enforcement, domestic violence service providers, health providers, or attorneys representing the alleged victim. (d) If there is a reasonable cause to believe a crime has been committed, law enforcement was notified. (e) As appropriate, referrals were made to other investigation and regulatory entities and advocacy resources. (5) Administrative closure shall be documented in the Centralized Abuse Management (CAM) system including, but not limited to the following information: (a) Documentation of interview statements and evidence gathered. (b) Explanation of any deviations from these rules and the reasonable diligence taken to comply with rules. (c) Justification for the administrative closure with supporting evidence and consultation. (d) Identification of protective services provided to the alleged victim and referrals made to others in response to the situation. (e) Identification of the supervisors who approved the administrative closure, and date of approval.