Current through Vol. 42, No. 1, September 16, 2024
(a) After
completing the information-gathering portion of the investigative process, the
investigator shall prepare a written investigative report minimally containing:
(1) The allegation(s) made to the Department,
the location of the alleged incident(s), and the assigned case
number;
(2) A statement of any
injuries sustained by the alleged victim(s);
(3) The applicable definition(s) of the type
of maltreatment at issue such as abuse, neglect, exploitation, or
mistreatment;
(4) The finding(s) in
accordance with subsection (b) of this Section;
(5) The involved parties, their titles and
role in the matter, if they were interviewed and, if so, when and if
interviewed face to face or by telephone;
(6) The name, address, and telephone numbers
of any interpreter used during the investigation;
(7) An explanation of the basis for the
finding(s);
(8) Any areas of
concern relating to the referral identified during the investigation regarding
that facility, that provider, or practices or procedures which have
implications for the safety, health, or welfare of clients;
(9) A list of relevant documents and records
reviewed during the investigation; and
(10) A list of attachments to the
report.
(b) The
investigative finding options are:
(1)
"Supported" which means the available information establishes that
it is more likely than not that the alleged maltreatment occurred;
(2)
"Unsupported" which means
the available information established that it is unlikely that the alleged
maltreatment occurred; or
(3)
"Inconclusive" which means the available information was not
sufficient to establish whether or not the alleged maltreatment
occurred.
(c) Except as
otherwise specifically provided in this section and as otherwise provided by
state or federal laws, the information, records, materials and reports related
to investigations by the Department are confidential and contain privileged
information. Accordingly, such records, materials and reports shall not be open
to public inspection nor their contents disclosed nor shall a subpoena or
subpoena duces tecum purporting to compel disclosure of such information be
valid pursuant to 43A O.S. §1-109(C).
(d) An order of the court authorizing the
inspection, release or disclosure of information, records, material and reports
related to investigations by the Department shall be entered by a court only
after a review of the records and a determination, with due regard for
confidentiality of the information and records and the privilege of the persons
identified in the records that a compelling reason exists, any applicable
privilege has been waived and such inspection, release or disclosure is
necessary for the protection of a legitimate public or private
interest.
(e) The Department shall
provide results of investigations as follows:
(1) A copy of the final investigative report
shall be sent to the Commissioner, designated Deputy Commissioner, the Chief
Operating Officer, the General Counsel and the executive director of the
appropriate ODMHSAS operated facility.
(2) When an executive director of a facility
that is operated by the Department is named as an individual accused of
maltreatment of a consumer in the allegation, the final report will not be
forwarded to that individual.
(3) A
summary of the allegation and finding shall be sent to the executive director
of a facility that is subject to certification by or under contract with the
Department.
(4) When an executive
director of a facility that is subject to certification by or under contract
with the Department is named as an individual accused of maltreatment of a
consumer in the allegation, a summary of the investigative report shall not be
forwarded to that individual, and the investigator shall forward a summary of
the investigative report to the chair of the board of directors of the
facility.
(5) A summary of the
allegations and finding shall be provided to the Board and a copy of the report
shall be provided upon request of the Board.
(6) The Department shall notify individuals
of the Department's findings as laid out in the Department's Investigations
Policy.
(7) Upon request, the
Department may summarize the outcome of an investigation, stating the
allegation and the finding. The summary may be provided to the person suspected
of the maltreatment, the person subject to alleged maltreatment, the person who
reported an allegation and the executive director of a facility certified by or
under contract with the Department at which the alleged maltreatment
occurred.
(f) The
Department shall maintain the original report, supporting documents, and
pertinent recorded tapes in locked file cabinets in accordance with the
applicable ODMHSAS records management and disposition plan.
Added at 19 Ok Reg 1363, eff 7-1-02 ; Amended at 20 Ok
Reg 2110, eff 7-1-03 ; Amended at 22 Ok Reg 2105, eff 7-1-05 ; Amended at 23 Ok
Reg 1412, eff 7-1-06 ; Amended at 26 Ok Reg 2671, eff 7-25-09 ; Amended at 27
Ok Reg 1005, eff 7-1-10 ; Amended at 28 Ok Reg 903, eff 7-1-11 ; Amended at 30
Ok Reg 1413, eff 7-1-13
