Oklahoma Administrative Code
Title 340 - Department of Human Services
Chapter 5 - Adult Protective Services
Subchapter 5 - Inestigation of Adult Protective Services Reports
Section 340:5-5-6 - 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).

(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 (OAC) 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 as mandated by 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.

(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 arranged or facilitated by the APS specialist. 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 is responsible for obtaining the required information and submitting 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, is responsible for ensuring 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:

(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:

(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.