Okla. Admin. Code § 340:5-1-5

Current through Vol. 42, No. 7, December 16, 2024

Section 340:5-1-5 - Confidentiality

(a) All records related to Adult Protective Services (APS) cases are confidential, per Sections 10-110 and 10-110.1 of Title 43A of the Oklahoma Statutes (43A O.S. §§ 10-110 and 10-110.1), and may be disclosed only by court order except under the circumstances described in (b) through (h) of this Section. Representatives of the general public, news media, or agencies not meeting one of the exceptions in (c) of this Section who request details on a specific case are referred to APS Oklahoma Human Services (OKDHS) State Office staff or to the OKDHS Office of Communications for a detailed explanation of OKDHS confidentiality rules.

(b) When making contacts as part of the investigation or service planning process, the APS specialist may disclose information necessary to ensure that the vulnerable adult is protected and the vulnerable adult's needs are met.

(c) Certain persons acting in an official capacity with regard to the vulnerable adult may review or receive information from the entire case record, including the:

(1) district attorney or district attorney staff;

(2) attorney representing the person who is the subject of an involuntary services action;

(3) attorney representing the vulnerable adult, who is not the subject of involuntary services;

(4) staff from:

(A) an Oklahoma law enforcement agency;

(B) a law enforcement agency of another state;

(C) a state Medical Examiner's Office;

(D) a law enforcement agency of a federally recognized tribe in Oklahoma; or

(E) a federal law enforcement agency;

(5) staff of another state's APS program;

(6) physical or mental health care professionals involved in the evaluation or treatment of the vulnerable adult; and

(7) OKDHS staff who use the information to provide services to the client.

(d) Any agency or person authorized by OKDHS to provide services to a vulnerable adult may receive a summary of information necessary to secure or provide appropriate care for the vulnerable adult.

(e) The vulnerable adult's caretaker, legal guardian, and next of kin may receive summaries of information from an APS case record.

(f) Some information from APS records may be released to employees or contractors of the State for research purposes, upon application to and approval by the OKDHS Institutional Research Board. While OKDHS offices may release statistical information, no specific case information is released for research purposes unless approval is received from APS State Office.

(g) When the person responsible for the care of a vulnerable adult has been charged by information or was indicted with committing a crime resulting in the death or near death of a vulnerable adult, there is a presumption that it is in the best interest of the public to disclose relevant information, per 43A O.S. § 10-110.1.

(h) When federal law specifically prohibits the disclosure of any of the information required by this subsection, that information is excluded from the disclosed information.

Okla. Admin. Code § 340:5-1-5

Added at 20 Ok Reg 840, eff 6-1-03; Amended at 25 Ok Reg 892, eff 6-1-08; Amended at 27 Ok Reg 990, eff 6-1-10; Amended at 28 Ok Reg 274, eff 11-3-10 (emergency); Amended at 28 Ok Reg 778, eff 5-26-11

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/17/2018

Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/15/2021