Okla. Stat. tit. 43A § 10-105

Current through Laws 2024, c. 453.

Section 10-105 - Investigation of report

A. Upon receiving a report of alleged abuse, neglect, or exploitation of a vulnerable adult pursuant to the provisions of the Protective Services for Vulnerable Adults Act, the Department of Human Services shall make a prompt and thorough investigation. When feasible, law enforcement and the Department shall conduct joint investigations in order to reduce potential trauma to the victim and to eliminate duplicative efforts.

B. The investigation shall include:

1. Notification of local law enforcement agency. Upon the request of a law enforcement agency, the Department shall submit copies of any results or records of an examination on the vulnerable adult who is alleged to have been abused, neglected, or exploited and any other clinical notes, x-rays, photographs, or previous or current records relevant to the case;

2. Any findings of abuse, neglect, or exploitation of a vulnerable adult shall also be sent to any state agency with concurrent jurisdiction over persons or issues identified in the investigation including, but not limited to, where appropriate, the State Department of Health, the Oklahoma Board of Nursing, or any other appropriate state licensure or certification board, agency, or registry;

3. Every reasonable effort to locate and notify the caretaker, legal guardian and next of kin of the vulnerable adult who may be in need of protective services pursuant to Section 10-105.1 of this title;

4. Diagnostic evaluation to determine whether the person needs protective services;

5. Any photographs necessary to document injuries or conditions which have resulted or may result in an injury or serious harm to the person;

6. A statement of the least restrictive services needed;

7. Whether services are available from the Department or in the community and how the services can be provided;

8. Whether the person would be capable of obtaining services for self and could bear the cost or would be eligible for services from the Department;

9. Whether a caretaker or legal guardian would be willing to provide services or would agree to their provision;

10. Whether the person desires the services;

11. A statement of any follow-up investigation or monitoring of the services that may be needed; and

12. Other relevant information.

C.

1.

a. Investigations conducted pursuant to this section shall include a visit to the home or other place of residence of the person who is the subject of the report, a private interview with such person and any other potential victims, and consultation with persons who have knowledge of or may be witnesses to the circumstances.

b. Investigators shall be suitably trained in interview techniques and shall utilize such techniques in interviews with elderly and incapacitated adults and individuals with intellectual disabilities. Interviews shall be conducted at the appropriate developmental age level of the victim. A reasonable effort shall be made to conduct interviews of vulnerable adult victims with an intellectual disability or diminished capacity utilizing appropriate personnel and following protocols and procedures established for interviews with such persons, including the use of forensic interview techniques when appropriate.

c. If, in the course of an investigation of this nature, the Department is denied entrance to the home or other place of residence of a person believed to be a vulnerable adult in need of protective services, or is denied a private interview with the vulnerable adult, the Department may petition the court for an order allowing entry to the premises or private access to the vulnerable adult. The court shall make a finding of probable cause of the vulnerability of the adult before issuing the order. If documentation, or access to records, or other information relating to such person as provided by this section is denied, the Department may petition the court for an order allowing entry or access.

2. The petition shall state the name and address of the person who is the subject of the report and shall allege specific facts sufficient to show that the circumstances of the person are in need of investigation.

3. If it is necessary to forcibly enter the premises, the representative of the Department shall make the entry accompanied by a peace officer.

4. The Department shall make all reasonable attempts to interview the caretaker or other persons alleged to be involved in the abuse, neglect or exploitation in order to enhance service provision and to prevent additional incidents of abuse, neglect or exploitation.

D. When a report is received pertaining to a vulnerable adult who has a legal guardian, a copy of the investigative report of the Department shall be filed with the court to which the guardian is accountable.

E.

1. In the case of a final investigative report pertaining to a vulnerable adult who is a resident of a nursing facility, residential care facility, assisted living facility or continuum of care facility and who is alleged to be a victim of abuse, verbal abuse, neglect, or exploitation by an employee of such facility, the Department shall forward to the State Department of Health a copy of the Department's final investigative report.

2. The Department of Human Services shall be deemed a party pursuant to the Administrative Procedures Act for the investigative reports filed by the Department with the State Department of Health regarding vulnerable adults who are residents of nursing facilities, residential care facilities, assisted living facilities or continuum of care facilities.

a. Within thirty (30) days of receipt of the final investigative report submitted by the Department of Human Services pursuant to this section, the State Department of Health shall provide the Department of Human Services with a written summary of any action taken as a result of the complaint including, but not limited to, results of any inspections, enforcement actions or actions which may be taken by the State Department of Health.

b. Whenever the Department of Human Services believes that the conditions giving rise to a complaint by the Department alleging a serious threat to the health, safety or welfare of a resident of a nursing facility, residential care facility, assisted living facility or continuum of care facility have not been adequately addressed, the Department of Human Services may request the State Department of Health to hold a hearing on the complaint as provided by Section 309 of Title 75 of the Oklahoma Statutes.

3. Nothing herein shall prevent the State Department of Health from conducting any type of investigation or taking any appropriate remedial or other action pursuant to the provisions of the Nursing Home Care Act, the Residential Care Act and the Continuum of Care and Assisted Living Act.

F. When a report is received pertaining to a vulnerable adult residing in a facility other than the home of the vulnerable adult, where persons are employed to provide care and those employees have been named as persons responsible for the abuse, neglect or exploitation, the Department shall forward its final findings, including, but not limited to, any administrative appeal findings to the owner or administrator of the facility to prevent further incidents.

Okla. Stat. tit. 43A, § 10-105

Amended by Laws 2018 , c. 308, s. 1, eff. 11/1/2018.

Added by Laws 1977, SB 309, c. 264, § 5, emerg. eff. 6/17/1977; Amended by Laws 1984, HB 1309, c. 256, § 5, eff. 11/1/1984; Amended by Laws 1986, HB 2021, c. 103, § 98, eff. 11/1/1986; Renumbered from 43A O.S. § 805 by Laws 1986, HB 2021, c. 103, § 103, eff. 11/1/1986; Amended by Laws 1989, HB 1249, c. 227, § 3; Amended by Laws 1993, SB 108, c. 159, § 2, emerg. eff. 7/1/1993; Amended by Laws 1994, HB 2601, c. 244, § 2, eff. 9/1/1994; Amended by Laws 1997, HB 1302, c. 195, § 8, eff. 11/1/1997; Amended by Laws 1999 , HB 1213, c. 78, § 1, emerg. eff. 4/13/1999; Amended by Laws 2000 , HB 2019, c. 340, § 8, emerg. eff. 7/1/2000; Amended by Laws 2003 , HB 1681, c. 332, § 4, emerg. eff. 5/29/2003 (repealed by Laws 2004 , HB 2725, c. 5, § 28, emerg. eff. 3/1/2004); Amended by Laws 200, HB 1323, c. 399, § 2, emerg. eff. 6/5/2003; Amended by Laws 2004 , HB 2725, c. 5, § 27, emerg. eff. 3/1/2004.