Okla. Admin. Code § 340:5-5-6

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

Section 340:5-5-6 - Provision of protective services to vulnerable adults

(a)Voluntary protective services. Voluntary services are arranged when a vulnerable adult consents to provision of services, requests services, and is willing to allow the Adult Protective Services (APS) specialist to provide or arrange for services, per Section 10-106 of Title 43A of the Oklahoma Statutes (43A O.S. § 10-106).

(1) Payment for voluntary protective services. The cost of providing voluntary protective services is borne by the vulnerable adult when the APS specialist determines the person is financially able to make payment or by any private or public programs for which the vulnerable adult is eligible.

(2) When a caretaker controls the person's funds and refuses to pay for necessary services, caretaker interference may be construed and is addressed in (c) of this subsection. An allegation of financial neglect may be considered, along with asset management remedies available through temporary guardianship, or an Order to Enjoin Caretaker.

(3) When voluntary services are required to meet an urgent need and no other payment source is available, the APS specialist follows procedures in (b) of this subsection. In cases where the services do not meet an urgent need, the APS specialist arranges for voluntary services, that:

(A) can be provided free of charge;

(B) the vulnerable adult is able to, and agrees to pay for; or

(C) can be paid for by a public or private assistance program.

(b)Payment for emergency protective services. Oklahoma Human Services (OKDHS) maintains a limited APS Emergency Fund that may be accessed only when specific criteria are met. This fund is used as a short-term measure for crisis situations until other arrangements are made.

(c)Non-cooperation of caretaker. When a vulnerable adult consents to receive protective services, but the caretaker refuses to allow the provision of services, OKDHS may petition the court for an injunction prohibiting caretaker interference with the provision of protective services.

(d)Refusal to consent to protective services. When a vulnerable adult does not consent to the provision of needed services or withdraws consent after it is given, the APS specialist documents the vulnerable adult's refusal in the service plan and on Adult Protective Services Report of Investigation. Service Case refusals are documented in the service plan and case conclusion. Services are terminated unless OKDHS determines the vulnerable adult lacks capacity to consent. In that case, the APS specialist considers action, per Oklahoma Administrative Code 340:5-1-4.

(e)Religious beliefs. A vulnerable adult has the right to depend on spiritual means for healing through prayer, within the practices of a recognized religious method in accordance with the tenets and practices of said place of worship, per 43A O.S. § 10-103(B).

(f)Involuntary protective services. Involuntary protective services are authorized, per 43A O.S. § 10-107. When a vulnerable adult is suffering from abuse, neglect, or exploitation that presents a substantial risk of death or immediate and serious physical harm to self; or significant and unexplained depletion of the adult's estate, but lacks the capacity to consent to receive protective services and consent cannot be obtained from anyone acting as caretaker, the services may be ordered by the court on an involuntary basis.

(1)Authority. Per 43A O.S. § 10-107(B)(1), the court authorizes provision of specific services the court finds least restrictive of rights and liberty while consistent with the welfare and safety of the vulnerable adult.

(2)Payment for involuntary services. Vulnerable adults are expected to pay for services. Payment for involuntary protective services is made from the vulnerable adult's funds upon court order.

(g)Responsibilities for out-of-home placements. When the service plan recommends out-of-home placement for safety, health, and care needs, the APS specialist discusses the plan with the vulnerable adult. The vulnerable adult is provided with all of the information necessary to make an informed decision. This may include visits to a variety of placement options the APS specialist arranges or maintains. The vulnerable adult's family, when appropriate and approved by the vulnerable adult, is included in planning. The vulnerable adult or his or her family is provided with all of the information available to the APS specialist regarding the quality of care provided by the identified and selected placement.

(h)Continuation of involuntary services. Continuation of services is authorized, per 43A O.S. § 10-108(L). The APS specialist obtains the required information and submits it to the court of jurisdiction. When the alleged victim's mental state is in question, the APS specialist may request that the court order a psychological or psychiatric evaluation.

(i)APS specialist responsibilities as temporary guardian of the person, estate, or person and estate. The APS specialist, as temporary guardian, ensures to the extent possible, protection of the vulnerable adult's residence, resources, and belongings.

(j)Additional APS specialist responsibilities as temporary guardian of the estate. The APS specialist, as temporary guardian of the estate:

(1) opens a guardianship account in a local financial institution and regularly collects and deposits monies due to the vulnerable adult;

(2) freezes existing accounts as necessary; and

(3) works with the court, the vulnerable adult's attorney, the district attorney (DA), and OKDHS Legal Services to obtain a professional accountant to manage the estate.

(k)Additional APS specialist responsibilities as temporary guardian of the person. In cases where temporary guardianship of the person is granted to OKDHS, the APS specialist arranges or facilitates the protective services ordered by the court. This may include, but is not limited to:

(1) placement in a medical facility for treatment of health related problems;

(2) placement in a safe and anonymous location;

(3) placement in a facility for short- or long-term care needs. Long-term care facilities include:

(A) residential care facilities;

(B) group homes;

(C) nursing homes;

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

(E) assisted living centers;

(F) skilled nursing facilities; or

(G) other types of facilities licensed to provide 24-hour care or services for vulnerable adults;

(4) making application or completing reviews for federal or state programs on behalf of the vulnerable adult for which he or she is or may be eligible to receive; or

(5) making arrangements for facilities to be paid from the vulnerable adult's funds or resources.

(l)Dismissal of court orders for involuntary services. When services are in place and the vulnerable adult is stable, or guardianship is no longer necessary to ensure the safety of the vulnerable adult, APS prepares and submits a motion to dismiss to OKDHS Legal Services or the local district attorney according to county practice.

Okla. Admin. Code § 340:5-5-6

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 25 Ok Reg 892, eff 6-1-08 ; Amended at 27 Ok Reg 990, eff 6-1-10 ; Amended at 29 Ok Reg 104, eff 10-28-11 (emergency); Amended at 29 Ok Reg 742, eff 7-1-12 ; Amended at 30 Ok Reg 629, 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

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