Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 5 - Adult Protective Services › Subchapter 3 - Maltreatment Allegations › Section 340:5-3-4 - Referrals under the jurisdiction of entities other than Adult Protective Services (APS)

Current through Vol. 41, No. 20, July 1, 2024
Some referrals of alleged maltreatment of vulnerable adults
				  are not investigated by APS staff.
(1)
Robert M. Greer Center (Greer) resident or former Hissom Memorial Center
				resident referrals.
When the alleged victim is a current Greer resident,
				or a former Hissom Memorial Center resident, who suffered maltreatment by a
				facility employee or by a current caretaker, the referral is sent to Office of
				Client Advocacy (OCA).
(2)
Reports of maltreatment by persons providing services to alleged victims
				receiving services from a community services worker, community services
				provider, Sooner Care (Medicaid) personal care services provider, or Medicaid
				personal care assistant (MPCA).
When the alleged victim receives
				services from a community services worker, community services provider,
				SoonerCare (Medicaid) personal care services provider, or MPCA, as those terms
				are defined in Section
				1025.1
				of Title 56 of the Oklahoma Statutes, the referral is sent to Office of Client
				Advocacy (OCA).
(3)
Alleged
				maltreatment in hospital settings.
APS staff refers allegations of
				maltreatment of vulnerable adults who are receiving services in medical
				hospitals, rehabilitation facilities, or private psychiatric hospitals, by
				facility staff to the Oklahoma State Department of Health (OSDH), Protective
				Health Services, Medical Facilities Service.
(4)
Alleged maltreatment by Oklahoma
				Department of Mental Health and Substance Abuse Services (ODMHSAS) staff and
				contracted providers.
APS staff refers allegations of maltreatment of
				vulnerable adults by public or private community mental health agency staff to
				the ODMHSAS Advocacy Division. Certain residential care facilities may also be
				under the jurisdiction of ODMHSAS and receiving a stipend.
(5)
Alleged maltreatment of residents
				by nursing facility staff.
APS staff refers allegations of maltreatment
				of nursing facility residents by facility staff to APS Long-Term Care
				Investigations and to OSDH, Protective Health Services, Medical Facilities
				Service.
(6)
Alleged
				maltreatment of incarcerated individuals in federal or state custody.
APS staff refers allegations of maltreatment of incarcerated individuals by
				federal or state public hospitals, jails, prisons, or similar facilities staff
				to the facility's regulatory department for investigation and to the local
				district attorney.
(7)
Alleged maltreatment of individuals who are deceased at the time of
				referral.
Maltreatment allegations of persons who are deceased are not
				accepted by APS. Reporters are referred to the state Office of the Medical
				Examiner, law enforcement, or when the death occurred in a nursing facility, to
				the Office of the Attorney General, Medicaid Fraud Control Unit.
(8)
Alleged impaired driving.
Reporters with concerns about impaired driving are referred to the Oklahoma
				Department of Public Safety. APS does not investigate impaired driving, but may
				address related issues.
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 29 Ok Reg 742, eff 7-1-12 ; Amended at 30 Ok Reg 625, eff
					 6-1-13