(2) If the department finds reasonable cause to believe that a crime has occurred, the department shall notify in writing the appropriate law enforcement agency. If the law enforcement agency conducting the investigation finds reasonable cause to believe that abuse has occurred, the agency shall notify the department in writing. Upon completion of the evaluation of each case, the department shall prepare written findings that include recommended action and a determination of whether protective services are needed.
(3) After receiving notification from the department that there is reasonable cause to believe that a crime has occurred, a law enforcement agency shall notify the department:
(a) That there will be no criminal investigation, including an explanation of why there will be no criminal investigation;
(b) That the investigative findings have been given to the district attorney for review; or
(c) That a criminal investigation will take place.
(4) If a law enforcement agency gives the findings of the department to the district attorney for review, the district attorney shall notify the department that the district attorney has received the findings and shall inform the department whether the findings have been received for review or for filing charges. A district attorney shall make the determination of whether to file charges within six months of receiving the findings of the department.
(5) If a district attorney files charges stemming from the findings of the department and the district attorney makes a determination not to proceed to trial, the district attorney shall notify the department of the determination and shall include information explaining the basis for the determination. [Formerly 410.650; 2009 c.837 ยงยง12,13]
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 124 - Abuse Prevention and Reporting; Civil Action for Abuse
Section 124.005 - Definitions for ORS 124.005 to 124.040.
Section 124.015 - Hearing upon request of respondent; relief; settlement; effect of proceedings.
Section 124.024 - Notice to be given by guardian petitioner.
Section 124.025 - Removal of personal effects; accompanying peace officer; limitation on liability.
Section 124.050 - Definitions for ORS 124.050 to 124.095.
Section 124.060 - Duty of officials to report; exceptions.
Section 124.065 - Method of reporting; content; notice to law enforcement agency and to department.
Section 124.071 - Deadline to complete abuse investigation; exception; written report required.
Section 124.073 - Training for abuse investigators.
Section 124.075 - Immunity of person making report in good faith; identity confidential.
Section 124.077 - Immunity for disclosure to prospective employer.
Section 124.080 - Photographing of victim; photograph as record.
Section 124.088 - Certain privileges not grounds for excluding evidence in court proceedings.
Section 124.090 - Confidentiality of records; exceptions.
Section 124.105 - Physical abuse subject to action.
Section 124.110 - Financial abuse subject to action.
Section 124.115 - Persons not subject to action.