Okla. Admin. Code § 340:5-3-5

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

Section 340:5-3-5 - Concurrent jurisdiction with other entities

Some referrals that are appropriate for Adult Protective Services (APS) intervention must also be sent to other entities.

(1)Concurrent jurisdiction with Oklahoma State Department of Health (OSDH).

(A) Referrals alleging maltreatment of vulnerable adults are accepted and screened by APS and sent to OSDH, Protective Health Services, Medical Facilities Service, for residents of:

(i) residential care facilities;

(ii) assisted living facilities;

(iii) adult day care facilities; and

(iv) nursing facilities when the referral is self-neglect or maltreatment by a person the facility does not employ.

(B) The APS specialist sends a copy of the final investigative report to OSDH. Upon completion of an investigation involving an administrator named as the alleged perpetrator and, when findings are substantiated, the APS specialist IV or designee notifies the Oklahoma State Board of Examiners for Long-Term Care Administrators.

(2)Concurrent jurisdiction with law enforcement. Referrals alleging illegal activity or situations determined too dangerous for an APS response are referred to law enforcement.

(3)Joint response by APS and law enforcement. Law enforcement assistance is requested for home visits when warranted by safety protocol.

(4)Referrals involving substance use or abuse and persons with mental illness. Oklahoma law gives the Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS) primary responsibility for persons with mental illness and substance use or abuse dependency. ODMHSAS treats persons with mental illness on a voluntary basis. Community mental health centers administered by, or under contract to, ODMHSAS provide recommended aftercare services to patients who are discharged from state mental hospitals and who voluntarily request and accept mental health services.

(A) The APS specialist may assist law enforcement, when requested, by facilitating or completing a third party affidavit.

(B) When the vulnerable adult's primary problem is determined to be mental illness or substance use or abuse dependency, the Review, Evaluate, and Decide (RED) Unit specialist or designee determines if other issues exist within APS jurisdiction. When no other issues exist, the case is assigned as Information and Referral. The RED Unit specialist or designee directs the vulnerable adult or reporter to 988 for services.

(C) When other issues of alleged abuse, neglect, or exploitation exist, the case is assigned in the usual way.

(D) The APS specialist IV or designee contacts law enforcement or 988 to secure emergency detention when the person is a danger to self or others.

Okla. Admin. Code § 340:5-3-5

Added at 20 Ok Reg 840, eff 6-1-03; 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

Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff. 9/15/2023

Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 9/16/2024