Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 7 - Office of Consumer Advocacy and Department Investigations › Part 2 - INVESTIGATIONS › Section 450:15-7-14 - Investigative interviews

Current through Vol. 41, No. 20, July 1, 2024
The investigator shall interview or attempt to interview
					 persons known or identified to have information about the maltreatment
					 allegation. If an injury is alleged, the investigator or other appropriate
					 person shall observe and note apparent injuries, and obtain pertinent medical
					 documentation, including photographs. An attorney or other representative of
					 the person being interviewed may attend an interview only as a silent observer
					 with prior permission of the Department.
(1) The Department shall conduct a separate
				  private interview with each alleged victim when available, available witnesses
				  to the alleged maltreatment, and persons who allegedly were directly or
				  indirectly involved in the allegation, persons with knowledge of relevant
				  information, and each individual accused of the maltreatment. When possible,
				  all other witnesses shall be interviewed prior to interviewing the accused
				  individual(s).
(2) The investigator
				  shall record interviews. Recordings of interviews remain with the Department's
				  investigative file. Investigative files and recordings are not public documents
				  due to the confidential and privileged information contained in the
				  interviews.
(3) The investigator
				  shall inform persons interviewed of the investigative process.
(4) The investigator shall verbally inform
				  each accused individual of the allegation(s). The name of the person making the
				  report of the allegation shall not be disclosed.
(5) During the interview with an individual
				  accused of maltreatment of a consumer, the investigator shall provide the
				  individual an opportunity to respond to the allegation(s). Following the
				  initial interview, if the investigator obtains information to which the accused
				  individual did not have an opportunity to respond, the investigator shall
				  conduct another interview with the individual. The investigator shall advise
				  the accused individual of the substance of the new information and provide an
				  opportunity to present a response.
(6) If there is a need to interview a person
				  who is deaf, hard of hearing, or is non-English speaking, the investigator,
				  with the assistance of the Office of Consumer Advocacy, shall arrange oral or
				  sign language interpreter services by an independent and qualified
				  interpreter.
(7) To schedule an
				  interview with an accused individual, the investigator shall contact the
				  executive director of the facility, or designee, or provider that employs the
				  accused individual. If a reasonable time has passed without being able to
				  schedule an interview, the investigator shall contact the executive director of
				  the facility, or designee, or provider to request the employee be required to
				  participate. If the accused individual refuses to participate in the
				  investigation, the report shall be completed without the accused individual's
				  statement and a finding shall be made based on available information. For other
				  persons needing to be interviewed, the investigator shall follow the
				  same.
(8) If a person fails to
				  appear for a scheduled interview without good cause, the investigator shall
				  complete the investigative report without interviewing that person. The
				  investigative report shall include an explanation of why the interview was not
				  conducted, including documentation of efforts to interview the
				  person.
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 27 Ok
						Reg 1005, eff 7-1-10 ; Amended at 28 Ok Reg 903, eff 7-1-11 ; Amended at 30 Ok
						Reg 1412, eff 7-1-13