Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 5 - Adult Protective Services › Subchapter 1 - Adult Protective Services Reports › Section 340:5-1-6 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Subchapter
				  shall have the following meaning, unless the context clearly indicates
				  otherwise.
"Abandonment"
means the withdrawal of support or
				  the act of deserting a vulnerable adult by a caretaker or other person
				  responsible for the vulnerable adult's care.
"Abuse"
means causing or permitting the:
(A) infliction of physical pain, injury,
				sexual abuse, sexual exploitation, unreasonable restraint or confinement,
				mental anguish, personal degradation; or
(B) deprivation of nutrition, clothing,
				shelter, health care, or other care or services without which serious physical
				or mental injury is likely to occur to a vulnerable adult by a caretaker or
				other person providing services to a vulnerable adult.
"Activities of daily living (ADLs)"
means basic
				  self-care activities such as toileting, transferring, feeding, bathing, and
				  dressing.
"Adult"
means a person 18 years of age and
				  older.
"Alleged victim"
means a vulnerable adult who is
				  suspected of being a victim of maltreatment or in need of services that are
				  necessary to aid the individual to meet essential requirements for mental or
				  physical health and safety.
"APS"
means Adult Protective Services.
"APS specialist"
means an Oklahoma Human
				  Services (OKDHS) worker who successfully completed the Adult Protective
				  Services (APS) New Worker Academy or is working under the oversight of an
				  experienced APS specialist.
"APS specialist III"
means the lead APS
				  specialist who coaches and may be designated to act for the APS specialist
				  IV.
"APS specialist IV"
means OKDHS staff assigned
				  or designated to act in an APS supervisory capacity.
"Caretaker"
means a person who is responsible
				  for the care of or financial management for a vulnerable adult as a result of
				  family relationship or has assumed responsibility for care of a vulnerable
				  adult voluntarily, by contract, or by friendship; or who serves as a legally
				  appointed guardian, limited guardian, or conservator.
"Client"
means a vulnerable adult in need of
				  services.
"Conclusion"
means a brief summary of the case
				  including presenting issue, risk, need, and resolution that is completed in
				  cases of self-neglect for which investigatory findings are not required to be
				  sent to the district attorney. The conclusion is specific enough to distinguish
				  the case, but does not reiterate the case record.
"Emergency"
means a situation in which a
				  vulnerable adult is likely to suffer death or serious physical harm without
				  immediate intervention.
"Evidence"
means all documentation, photographs,
				  interviews, observations, objects, and other information collected, observed,
				  or otherwise obtained during the course of an investigation.
"Executive function"
means the brain's ability
				  to absorb information, interpret this information, and make decisions based
				  upon this information.
"Exploitation"
means unjust or improper use of
				  the person or resources of a vulnerable adult for the profit or advantage of
				  another person through undue influence, coercion, harassment, duress,
				  deception, false representation, or false pretense.
"Financial neglect"
means repeated instances by
				  a caretaker or other person who has assumed the role of financial management of
				  failure to use the resources available to restore or maintain the health and
				  physical well-being of a vulnerable adult, including but not limited to:
(A) squandering or negligently mismanaging
				the money, property, or accounts of a vulnerable adult;
(B) refusing to pay for necessities or
				utilities timely;or
(C) providing
				substandard care to a vulnerable adult despite the availability of adequate
				financial resources.
"Finding"
means substantiation,
				  unsubstantiation, or an inconclusive finding of an allegation following an
				  investigation of abuse, neglect, or exploitation that is sent to local district
				  attorney for a decision whether to prosecute.
"Guardian"
means one of the types of
				  guardianship specified in the Oklahoma Guardianship and Conservatorship Act,
				  Title 30 of the Oklahoma Statutes.
(A)
General guardian.
A general guardian is a person appointed by the
				court to serve as the guardian of an incapacitated person to ensure that the
				essential requirements for the health and safety of the person are met, to
				manage the estate of the person, or both.
(B)
Limited guardian.
A limited
				guardian is a person appointed by the court to serve as the guardian of a
				partially incapacitated person and is authorized by the court to exercise only
				certain powers of a guardian over the person, or estate or financial resources
				of the person, or both.
(C)
Special guardian.
A special guardian is a person appointed by the
				court to exercise certain specified powers to alleviate a situation in which
				there is a threat of serious impairment to the health or safety of an
				incapacitated or partially incapacitated person, or a situation in which the
				financial resources of the person will be seriously damaged or dissipated
				unless immediate action is taken.
"Incapacitated adult"
means a vulnerable adult
				  whose ability to receive and evaluate information effectively or to make and to
				  communicate responsible decisions is impaired to such an extent that the person
				  lacks the capacity to manage his or her financial resources or to meet
				  essential requirements for the person's mental or physical health or safety
				  without assistance.
"Inconclusive"
means there is insufficient
				  information to either support or not support the allegation of maltreatment,
				  but there is a reason to suspect maltreatment.
"Indecent exposure"
means forcing or requiring a
				  vulnerable adult to:
(A) look upon the
				body or private parts of another person or upon sexual acts performed in the
				presence of the vulnerable adult; or
(B) touch or feel the body or private parts
				of another person.
"Information and Referral (I & R)"
means a
				  referral that is referred to an appropriate responder because it does not
				  contain an alleged vulnerable adult and at least one allegation of
				  maltreatment, or a more appropriate responder is better suited to meet the
				  client's needs and provide services.
"Instrumental activities of daily living
				  (IADLs)"
means abilities necessary for an adult to function
				  independently in the community, such as preparing meals, using the phone,
				  driving or arranging for transportation, shopping, and handling
				  finances.
"Investigation"
means a prompt and thorough
				  fact-finding to determine if a vulnerable adult is the victim of
				  maltreatment.
"Mandatory reporter"
means any person who has
				  reasonable cause to believe someone is suffering from abuse, neglect, or
				  exploitation.
"Maltreatment"
means abuse, neglect,
				  self-neglect, financial exploitation, sexual exploitation, financial neglect,
				  abandonment, verbal abuse, or personal degradation.
"Near death"
means the vulnerable adult is in
				  serious or critical condition, as certified by a physician, as a result of
				  abuse or neglect.
"Neglect"
means:
(A) failure to provide protection for a
				vulnerable adult who is unable to protect his or her own interest;
(B) failure to provide adequate shelter,
				nutrition, health care, or clothing for a vulnerable adult; or
(C) negligent acts or omissions that result
				in harm or unreasonable risk of harm to a vulnerable adult, or lack of
				supervision by a caretaker providing direct services.
"Next of kin"
means the closest living relative
				  by blood or marriage and includes any relative active in care or service
				  planning.
"Personal degradation"
means a willful act by a
				  caretaker intended to shame, degrade, humiliate, or otherwise harm the personal
				  dignity of a vulnerable adult, or where the caretaker knew or reasonably should
				  have known the act would cause shame, degradation, humiliation, or harm to the
				  personal dignity of a reasonable person. Personal degradation includes the
				  taking, transmitting, or display of an electronic image of a vulnerable adult
				  by a caretaker, where the caretaker's actions constitute a willful act intended
				  to shame, degrade, humiliate, or otherwise harm the personal dignity of the
				  dependent adult, or where the caretaker knew or reasonably should have known
				  the act would cause shame, degradation, humiliation, or harm to the personal
				  dignity of a reasonable person. Personal degradation does not include, the
				  taking, transmission, or display of an electronic image of a vulnerable
				  adult:
(A) for the purpose of
				reporting vulnerable adult abuse to law enforcement, OKDHS, or other regulatory
				agency that oversees caretakers or enforces abuse or neglect laws or
				rules;
(B) for the purpose of
				treatment or diagnosis; or
(C) as
				part of an ongoing investigation.
"Power of attorney"
means authority granted by a
				  legal document authorizing a person or other entity to act for the principal,
				  subject to the extent of the power authorized. The affidavit may be durable.
				  When it is durable, the power of attorney becomes effective when the principal
				  loses decision making abilities as defined by the document and instructions of
				  the principal. The power is revoked upon:
(A) written revocation of the
				principal;
(B) incapacity of the
				principal unless it is a durable power of attorney;
(C) death of the principal;
(D) a termination date if specified in the
				document;
(E) order of the court;
				or
(F) the appointment of a
				guardian, in most cases.
"Referral"
means any allegation of maltreatment
				  received by APS.
"Report"
means a referral that is assigned for
				  investigation.
"Response type"
means the assignment of an APS
				  referral for investigation, service case, or information and referral.
"Self-neglect"
means neglect brought about by a
				  vulnerable adult's own actions or inactions that causes the vulnerable adult to
				  fail to meet the essential requirements for physical or mental health and
				  safety due to the vulnerable adult's lack of awareness, incompetence, or
				  incapacity.
"Service Case"
means a referral is assigned for
				  prompt and thorough determination of risk, needs, a capacity decision, and
				  service planning.
"Services that are necessary to aid an individual to
				  meet essential requirements for mental or physical health and safety"
means services that include, but are not limited to, the:
(A) identification of adults in need of
				protective services;
(B) provision
				of medical care for physical or mental health needs; or
(C) provision of assistance in personal
				hygiene, food, clothing, adequately heated and ventilated shelter, protection
				from health and safety hazards, protection from physical maltreatment,
				guardianship referral, outreach, and transportation necessary to secure any of
				such needs. This excludes taking the adult into physical custody without the
				adult's consent except through proper procedures for the provision of
				involuntary services.
"Sexual abuse"
means:
(A) oral, anal, or vaginal penetration of a
				vulnerable adult by, or through the union with, the sexual organ of a caretaker
				or other person providing services to the vulnerable adult, or the anal or
				vaginal penetration of a vulnerable adult with any other object by a caretaker
				or other person providing services to the vulnerable adult;
(B) for the purpose of sexual gratification,
				the touching, feeling, or observation of the body or private parts of a
				vulnerable adult by a caretaker or other person providing services to the
				vulnerable adult; or
(C) indecent
				exposure by a caretaker or other person providing services to the vulnerable
				adult.
"Sexual exploitation"
means and includes, but is
				  not limited to, a caretaker causing, allowing, permitting, or encouraging a
				  vulnerable adult to engage in prostitution or in lewd, obscene, or pornographic
				  photographing, filming, or depiction of the vulnerable adult as those acts are
				  defined by Oklahoma law.
"Substantiated"
means the greater weight of the
				  evidence collected during an APS investigation determines that maltreatment
				  occurred and the alleged victim meets the definition of a vulnerable
				  adult.
"Temporary guardian"
means a person or other
				  entity appointed by the court under Title 43A of the Oklahoma Statutes with
				  authority only to consent on behalf of an incapacitated adult to the provision
				  of protective services determined necessary to remove conditions creating an
				  emergency need and other services approved by the court. A temporary guardian
				  serves in that capacity only until the guardianship is dismissed by the
				  appointing court.
"Undue influence"
means the substitution of one
				  person's will for the true desires of another.
"Unsubstantiated"
means evidence found during an
				  APS investigation was insufficient to show that more likely than not
				  maltreatment occurred.
"Verbal abuse"
means the use of words, sounds,
				  or other communication including, but not limited to, gestures, actions, or
				  behaviors, by a caretaker or other person providing services to a vulnerable
				  adult that are likely to cause a reasonable person to experience humiliation,
				  intimidation, fear, shame, or degradation.
"Vulnerable adult"
means an adult who, because
				  of physical or mental disability or other impairment, may be subject to
				  maltreatment and is substantially impaired in his or her ability to
				  independently:
(A) provide adequately
				for his or her own care or custody;
(B) manage his or her property and financial
				affairs effectively;
(C) meet
				essential requirements for mental or physical health or safety; or
(D) protect himself or herself from
				maltreatment without assistance. This determination is not made based on a
				person's eligibility for disability benefits from any source or on the
				impairment being permanent, but solely on the adult's reported physical or
				mental condition at the time an APS referral is received and the APS
				specialist's assessment of that condition is made during service planning or
				investigation.
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 25 Ok Reg 256, eff 11-1-17 (emergency);
				  Amended at 25 Ok Reg 892, eff 6-1-08; Amended at 27 Ok Reg 990, eff 6-1-10;
				  Amended at 28 Ok Reg 274, eff 11-3-10 (emergency); Amended at 28 Ok Reg 778,
				  eff 5-26-11