Oklahoma Administrative Code
Title 340 - Department of Human Services
Chapter 5 - Adult Protective Services
Subchapter 5 - Inestigation of Adult Protective Services Reports
Section 340:5-5-3 - Elements of an investigation
Universal Citation: OK Admin Code 340:5-5-3
Current through Vol. 42, No. 1, September 16, 2024
(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.
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
Disclaimer: These regulations may not be the most recent version. Oklahoma may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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