Okla. Admin. Code § 340:5-3-1

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

Section 340:5-3-1 - Receiving maltreatment allegations

(a)Mandatory reporters. Any person having reasonable cause to believe that a vulnerable adult is suffering from abuse, neglect, or exploitation is mandated by law, per Section 10-104(A) of Title 43A of Oklahoma Statutes (43A O.S. § 10-104(A)), to notify Oklahoma Human Services (OKDHS) or law enforcement.

(1) State law provides that any person who knowingly and willfully fails to promptly report any abuse, neglect, or exploitation is, upon conviction, guilty of a misdemeanor.

(2) Any person who willfully or recklessly makes a false report or a report without a reasonable basis is liable in a civil suit for any actual damages suffered by any person named in the report and any punitive damages set by the court or jury.

(3) Any person exercising good faith and due care in making a report of alleged abuse, neglect, or exploitation has immunity from any civil or criminal liability that might otherwise be incurred.

(4) Every person in Oklahoma is a mandatory reporter and select groups who routinely have contact with vulnerable adults are specifically named in 43A O.S. § 10-104(A), including:

(A) social workers;

(B) physicians;

(C) emergency response vehicle operators;

(D) mental health professionals;

(E) law enforcement;

(F) domestic violence programs staff;

(G) long-term care facility personnel, including staff of:

(i) nursing facilities;

(ii) intermediate care facilities for persons with intellectual disabilities;

(iii) assisted living facilities;

(iv) residential care facilities; and

(v) Oklahoma veterans' centers;

(H) persons entering into transactions with a caretaker or other person who assumed the role of financial management for a vulnerable adult;

(I) staff of:

(i) residential care facilities;

(ii) group homes; and

(iii) employment settings for individuals with developmental disabilities;

(J) job coaches;

(K) community service workers;

(L) personal care assistants;

(M) other medical professionals; and

(N) municipal employees.

(b)Referral content. A referral of alleged abuse, neglect, or exploitation of a vulnerable adult includes:

(1) the vulnerable adult's name, address, or location;

(2) the caretaker's name or address, when any; and

(3) a description of the vulnerable adult's situation.

(c)Obtaining the reporter's name. The reporter's name, phone number, or address is not required, however such information is always helpful.

(d)Submission of referrals for screening. OKDHS staff immediately submits all referrals for screening.

Abuse and Neglect Hotline staff enters the referral into the Adult Protective Services Computer System Intake Section.

Okla. Admin. Code § 340:5-3-1

Added at 20 Ok Reg 840, eff 6-1-03; Amended at 25 Ok Reg 256, eff 11-1-07 (emergency); Amended at 25 Ok Reg 892, eff 6-1-08; Amended at 27 Ok Reg 990, eff 6-1-10

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