VIII.G Public Disclosure Files
8/1/04
Public Disclosure Files are to be maintained at the branch for the following:
- Nursing Facilities
- Residential Care Facilities
- Assisted Living Facilities
- Adult Foster Homes
- Room and Board Facilities
APS investigates complaints in nursing facilities, adult foster homes, residential care facilities, assisted living facilities and room and board facilities. Copies of these investigation reports are included in the Public Disclosure Files and are available to the public. Names of the complainant(s), victim(s),witnesses, and perpetrators are confidential and are not included in these files. A redacted copy of any correspondence sent by a complainant or licensee in an AFH, ALF, or RCF, written as a response to an APS draft report is also maintained in this file. Additionally, any other correspondence from parties involved in the case are also redacted with the original in the confidential file and a redacted copy in the public disclosure file.
Additional information regarding a particular facility or adult foster home is also available to the public and may be retained in the same Public Disclosure File or in a separate file. This information includes license applications & any annual inspection surveys.
All Public Disclosure Files must be kept chronologically by years in an unlocked accessible cabinet. A Log Book is recommended for recording the files that are viewed by the public. The Log Book should have the following: date & time file is taken out; name & address of person reviewing the file; name of the facility, adult foster home; or room and board, and the time the file was turned back in.
The Public Disclosure Files are available for viewing at the local office only and are not to be removed from the branch. The public may request copies of any documents included in the file. A public records request should be e-mailed to:
mailed to: Public Record’s Custodian 500 Summer St. E-13 Salem, OR 97301
- Note: Public Disclosure Files are to be retained for 10 years.
Definition of terms to be used with investigative reports found in the Public Disclosure Files. It is a guideline for assisting the public in reviewing investigative complaints against facilities or adult foster homes:
Disposition of the Investigation:
- Substantiated - After considering the evidence which is complete and relevant, a reasonable person can objectively conclude with a preponderance of evidence, it is more likely than not that wrong doing occurred.
- Unsubstantiated - After considering the evidence which is complete and relevant, a reasonable person can objectively conclude with a preponderance of evidence, it is less likely that wrongdoing occurred.
- Inconclusive -After a careful analysis of the evidence gathered in an investigation, a determination of whether wrongdoing occurred cannot be reached by a preponderance of the evidence.
Abbreviations on Investigation Reports:
RV |
reported victim |
RP |
reported perpetrator |
C |
complainant |
I |
investigator |
W |
witness |