Oregon Department of Human Services

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Oregon Department of Human Services

• Screening for abuse and neglect

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Our agenda today

• Provide information to you about upcoming
  screening for abuse and neglect what is
  happening, background, what is planned, and next
  steps.
• Give you the opportunity to ask questions.
• Get your input on how to make this process
  effective in protecting our clients and fair to
  stakeholders.

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The DHS Mission

• The mission of DHS is to help people become
  healthy, independent and safe.
• DHS is committed to protecting the health and
  safety of children, seniors, and people with
  disabilities who receive care from employees,
  volunteers, and those who provide care on behalf
  of DHS.

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What is happening?

• DHS will use abuse and neglect background
  information to screen applicants for all
  employee, volunteer and provider positions.
• This screening will be in addition to the
  background screening currently performed.
• This will help protect DHS clients, who include
  some of the most vulnerable Oregonians, and
  ensure they are receiving the highest level of
  care possible.

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What authority does DHS have to create the
registry?

• The 2007 Oregon Legislature approved House Bill
  2175, giving DHS the authority to use abuse and
  neglect information to screen applicants for
  employee, volunteer and provider positions.
• The bill has since been codified as Oregon
  Revised Statute 409.025 and 409.027.

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Wasnt such screening already happening?

• Thats what the legislature asked. Many are
  surprised to learn abuse and neglect histories
  was not always accessible, shared or considered
  in employment decisions.
• Abuse and neglect histories are currently only
  used for screening for certain programs or
  positions, and/or using only limited data.

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Arent people prosecuted if theyre guilty of
abuse or neglect?

• Only a fraction of substantiated findings of
  abuse and neglect are prosecuted.
• Prosecutors have discretion. They may lack
  resources, think it isnt serious enough or that
  the evidence isnt strong enough.
• Abuse/neglect can be hard to prosecute.
  Administrative findings have a different standard
  of proof than for criminal findings.

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How many such screenings are we talking about?

• Sheer numbers make reviews a challenge.
• DHS performs about 180,000 criminal background
  checks each year.
• Child Welfare alone receives about 60,000 reports
  a year conducts about 25,000 investigations of
  which 8,000 are founded.

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What has DHS done so far to implement this
process?

• A work group was formed last year including
  representatives of all DHS divisions, employee
  unions and the Department of Justice.
• The group has been researching current processes
  in DHS and in other states and the complex legal
  and practical issues in implementing the
  screening.

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What form will this screening take?

• DHS is developing a do not employ registry to
  identify individuals with substantiated reports
  of abuse or neglect at the highest level of
  severity. This will ensure no DHS department or
  provider hires these applicants.
• DHS will also screen for less severe types of
  abuse and neglect to help make the best possible
  hiring decisions.

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Who will be screened for abuse/neglect background?

• 1. Employees New applicants for positions as DHS
  employees and volunteers, and current employees
  when they apply for new positions within DHS.
  (The new rules do not provide for screening those
  already working for or on behalf of DHS.)

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Who else will be screened?

• 2. Providers Any person who provides services or
  care on behalf of DHS those licensed,
  certified, registered or otherwise regulated by
  DHS long term care providers (nursing facility,
  home care, assisted living), children services
  (foster providers, treatment services), mental
  health programs, services for persons with
  developmental disabilities, alcohol and drug
  providers.

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When is screening expected to begin?

• Aiming for the end of this year screening for
  applicants for positions within DHS will begin,
  using currently available data.
• All employees and volunteers will be screened for
  any future reported incidents of abuse or
  neglect.
• Aiming for mid to late 2009 (as soon as we have
  legislative approval of proposed plan and can
  develop the rules)
• Launching of the exclusion registry
• Screening of providers regulated by DHS
• Additional data sources added as they become
  available.

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How would people get on the registry?

• Being placed on the do not employ registry
  would require that
• Incidents of abuse or neglect are substantiated
  through investigation by various divisions.
  Divisions submit very serious cases for
  interdisciplinary committee review.
• Committee reviews case and circumstances,
  determines if abuse/neglect is highest level,
  whether persons name should be on registry.
• Person has option to appeal decision.

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Who would be on this review committee?

• The exact composition of such a committee has not
  yet been determined.
• Some possibilities DOJ, HR, unions, programs,
  administration, providers and advocates.

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What type of abuse or neglect is the highest
level?

• The highest level of severity includes
• Acts resulting in death
• Acts constituting neglect or abandonment
• Acts constituting physical abuse or resulting in
  serious injury
• Reckless, intentional or willful acts that cause
  harm
• Sexual abuse or misconduct
• Theft, fraud or deception

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What is meant by substantiated or founded?

• A report subject to a formal investigation
  process, for example by an investigator for DHS
  Child Welfare or SPD.
• Resulted in a finding that yes, the alleged act
  of neglect or abuse did occur, and the accused
  was responsible for it.

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How will the registry be accessed?

• The DHS Criminal Records Unit will access the
  registry every time a background check for
  employment is conducted. If the name appears on
  the list, whomever requested the check will be
  informed of the persons status and told do not
  employ.

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What about less severe incidents of abuse or
neglect?

• A weight test will be used, similar to that
  already used in the criminal background screening
  process. DHS will consider intentions, actions or
  inactions as well as the positions
  responsibilities.
• The department will develop standardized
  screening criteria for less severe acts of abuse
  and neglect to help in making hiring and
  licensing decisions, based on applicant
  background and position responsibilities.

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The right to appeal

• People will have the right to appeal being placed
  on the do not employ registry, or hiring
  decisions based on abuse/neglect information.
• Individuals denied a position or recommended for
  the do no employ list will be notified of the
  decision and their right to appeal.
• Through the appeal process, the individual may
  submit information to help explain or clarify the
  relevant incident(s).

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Next steps for the work group

• Convene stakeholder work group process
• Develop a report to the legislature on how to
  proceed that will include those recommendations
• Keep you updated on developments.

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Where you come in

• Oregon will be the first state to develop a
  comprehensive do not employ list for all child,
  adult and senior care providers. We want to
  ensure Oregons system is effective from the
  outset.
• DHS is committed to creating a workable and fair
  system that effectively protects clients. We
  pledge to keep stakeholder groups informed of
  progress and to give them a voice in the process.
  
• These meetings are part of that effort.

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Next steps for us today

• Discuss and develop recommendations for the
  following questions
• Would the proposed registry process be workable
  and fair?
• Investigation ? substantiation ? most serious
  forwarded to committee ? committee decision to
  add name to registry ? appeal process
• Should the registry be made public?
• How long should one stay on the registry?
  Forever? Or should there be a process to get a
  name removed?

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How to get more information

• More information and updates are available online
  at www.oregon.gov/dhs/chc/abuseneg/index.shtml
• Questions may be sent via e-mail to
  abuse-neglect_at_dhs.state.or.us.
• You may contact me or other members of the
  workgroup. The list of workgroup members should
  be in your handouts, or you can access it on the
  website.

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How can we provide input?

• DHS invites input in developing the rules that
  will affect providers.
• Those unable to attend regional meetings may
  submit comments or questions to
  abuse-neglect_at_dhs.state.or.us, or mail them to
  Abuse-Neglect Information, Oregon Department of
  Human Services, 500 Summer St. NE, Salem, OR
  97301-1098.
• DHS is also meeting individually with some groups
  and associations. To request a meeting contact
  abuse-neglect_at_dhs.state.or.us.

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Thank you for your participation!

• Oregon Department of Human Services
• Summer 2008