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

Current through Vol. 41, No. 20, July 1, 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.