Okla. Admin. Code § 340:5-5-3

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

Section 340:5-5-3 - Elements of an investigation

(a) Although the investigation process may vary depending on the initial allegations and other factors, all Adult Protective Services (APS) investigations include (1) through (10) of this subsection.

(1)Law enforcement notification. Law enforcement is notified of all APS investigations.

(2)Efforts to locate and notify others. APS specialists must make every reasonable effort to locate and notify the alleged victim's (AV) caretaker, guardian, and next of kin.

(3)Visits and interviews with the vulnerable adult. Per Section 10-105(C)(1)(a) of Title 43A of the Oklahoma Statutes (43A O.S. § 10-105(C)(1)(a)), each APS investigation includes at least one visit and private interview with the vulnerable adult.

(4)Consultation with others. The APS specialist interviews other people who have, or can reasonably be expected to have, pertinent knowledge about the AV's circumstances during the investigation, including any alleged perpetrator (AP) of maltreatment. The AV's permission is not required for these contacts.

(5)Photographs. The APS specialist may take photographs or video recordings to document injuries to the vulnerable adult or conditions in the adult's residential environment that resulted in, or may result in, an injury or serious harm.

(6)Other relevant data. The APS specialist collects data relevant to the situation being investigated including records to arrive at a finding. When the APS specialist is denied access to pertinent records, documentation, or other information relevant to the investigation, Oklahoma Human Services (OKDHS) may petition the court for an order allowing access.

(7)Determining decision-making capacity. OKDHS is mandated by 43A O.S. § 10-106(C) to determine a vulnerable adult's risk and needs and the vulnerable adult's capacity to consent to receive services, especially with regard to the need for involuntary services. Each investigation includes an evaluation of the vulnerable adult's decision-making capabilities in personal, medical, and financial management.

(A) The APS specialist's assessment of a vulnerable adult's mental capacity to consent to protective services takes into account the vulnerable adult's awareness of the:

(i) limitations and deficiencies in the physical environment;

(ii) vulnerable adult's own physical or mental limitations;

(iii) resources available to assist in meeting the vulnerable adult's needs; and

(iv) consequences to the vulnerable adult if nothing is done to improve the situation.

(B) When a vulnerable adult lacks capacity and an imminent risk to health or estate exists, legal intervention may be appropriate.

(8)Evaluation to determine the need for protective services. The evaluation consists of the APS specialist's analysis and consultation with the APS specialist IV, or designee, of all evidence gathered during the initial phases of the investigation. The evaluation includes consideration of whether the:

(A) vulnerable adult needs protective services. When so, the need for protective services is documented to include the least restrictive services to meet the person's needs;

(B) services that are identified as needed are available through OKDHS or in the community, and the sources and manner in which they can be provided. Options are explored with the vulnerable adult;

(C) vulnerable adult is capable and willing to obtain services for himself or herself;

(D) vulnerable adult can pay for needed services or is eligible for public assistance programs;

(E) caretaker or guardian is willing to provide or agree to the provision of needed services; and

(F) vulnerable adult wants the services.

(9)Completion of investigative report. From the date an APS referral is received, the APS specialist completes the investigative report within 60-calendar days. To complete the investigation, the APS specialist:

(A) completes necessary interviews and assessments including identification of any immediate service needs;

(B) completes all final documentation;

(C) submits a report to the local district attorney;

(D) submits a report to the court of jurisdiction, when the alleged victim is currently under guardianship or conservatorship; and

(E) makes a determination of substantiated, unsubstantiated, or inconclusive based on the definitions of terms in Oklahoma Administrative Code (OAC) 340:5-1-6.

(10)Findings. The APS specialist, in conjunction with the APS specialist IV or designee, makes a final determination of the investigative process on each allegation contained in the APS report. Each allegation is determined to be substantiated, unsubstantiated, or inconclusive and the investigation is documented, per OAC 340:5-5-5.

(11)Follow-up. The APS specialist, in consultation with the APS specialist IV or designee, determines needed follow-up in each case.

(A) On cases not requiring court-ordered involuntary services, follow-up needs are determined on a case-by-case basis.

(B) For reports that result in a vulnerable adult receiving involuntary services, OKDHS ensures basic needs for safety and security are met as required by the court. The APS specialist monitors the delivery of court-ordered protective services and continues to assess the need for additional services determined by the vulnerable adult's changing needs.

Okla. Admin. Code § 340:5-5-3

Added at 20 Ok Reg 840, eff 6-1-03 ; Amended at 21 Ok Reg 3082, eff 6-7-04 (emergency); Amended at 22 Ok Reg 1211, eff 5-26-05 ; Amended at 23 Ok Reg 2662, eff 8-1-06 ; Amended at 25 Ok Reg 892, eff 6-1-08 ; Amended at 27 Ok Reg 990, eff 6-1-10 ; Amended at 30 Ok Reg 626, eff 6-1-13

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