Oklahoma Statutes
Title 43A. Mental Health
§43A-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.
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.
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.
Added by Laws 1977, c. 264, § 5, emerg. eff. June 17, 1977. Amended by Laws 1984, c. 256, § 5, eff. Nov. 1, 1984; Laws 1986, c. 103, § 98, eff. Nov. 1, 1986. Renumbered from § 805 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1989, c. 227, § 3; Laws 1993, c. 159, § 2, eff. July 1, 1993; Laws 1994, c. 244, § 2, eff. Sept. 1, 1994; Laws 1997, c. 195, § 8, eff. Nov. 1, 1997; Laws 1999, c. 78, § 1, emerg. eff. April 13, 1999; Laws 2000, c. 340, § 8, eff. July 1, 2000; Laws 2003, c. 399, § 2, emerg. eff. June 5, 2003; Laws 2004, c. 5, § 27, emerg. eff. March 1, 2004; Laws 2018, c. 308, § 1, eff. Nov. 1, 2018.
NOTE: Laws 2003, c. 332, § 4 repealed by Laws 2004, c. 5, § 28, emerg. eff. March 1, 2004.

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