[Previous] [Next]
§43A-10-105.1.
§43A-10-105.1.
As soon as possible after initiating an investigation of a vulnerable
adult, the Department shall provide to the caretaker, and to the legal
guardian and next of kin of the vulnerable adult a brief oral summary
and easily understood written description of the investigation
process, whether or not the caretaker, guardian or next of kin is
alleged to be the perpetrator of the abuse, neglect or exploitation of
the vulnerable adult. Such notice shall include:
1. A statement that the investigation is being undertaken by the
Department of Human Services pursuant to the requirements of the
Protective Services for Vulnerable Adults Act in response to a report
of abuse, neglect or exploitation and shall include the name and
office telephone number of the Department representative with primary
responsibility for the investigation;
2. A statement that the identity of the person who reported the
incident of abuse is confidential and may not even be known to the
Department since the report could have been made anonymously;
3. A statement that the investigation is required by law to be
conducted in order to enable the Department of Human Services to
identify incidents of abuse, neglect or exploitation in order to
provide protective or preventive social services to vulnerable adults
who are in need of such services;
4. An explanation of the procedures of the Department of Human
Services for conducting an investigation of alleged abuse, neglect or
exploitation, including:
a. a statement that the alleged victim of abuse, neglect or
exploitation is the Department's primary client in such an
investigation,
b. a statement that findings of all investigations are provided to the
office of the district attorney, and
c. a statement that law enforcement may conduct a separate
investigation to determine whether a criminal violation occurred;
5. An explanation of services which may be provided as a result of the
Department's investigation, including:
a. a statement that the caretaker, legal guardian and next of kin will
be involved in the process of developing a plan of services for the
vulnerable adult insofar as that involvement is consistent with the
best interests of the vulnerable adult,
b. a statement that voluntary services may be provided or arranged for
based on the adult client's needs, desires and acceptance, and
c. a statement that involuntary services may be provided through the
judicial system when immediate services are needed to preserve the
life of the vulnerable adult and physical health or preserve the
resources of the vulnerable adult which may later be needed to provide
care for the vulnerable adult;
6. A statement that, upon completion of the investigation, the
identified caretaker, legal guardian and next of kin will receive a
letter from the Department which will inform such caretaker, legal
guardian and next of kin:
a. that the Department has found insufficient evidence of abuse,
neglect or exploitation,
b. that there appears to be probable cause to suspect the existence of
abuse, neglect or exploitation in the judgment of the Department, and
c. the recommendations of the Department concerning the vulnerable
adult;
7. The procedures concerning the process the caretaker, legal guardian
and next of kin may use to acquire access to the vulnerable adult in
the event the vulnerable adult is removed from the residence of the
vulnerable adult and the circumstances under which access may be
obtained;
8. The procedures to follow if there is a complaint regarding the
actions of the Department and the procedures to request a review of
the findings made by the Department during or at the conclusion of the
investigation;
9. Information specifying that if the caretaker, legal guardian and
next of kin of the vulnerable adult have any questions as to their
legal rights, that such persons have a right to seek legal counsel;
10. References to the statutory and regulatory provisions governing
abuse, neglect or exploitation and how the caretaker, legal guardian
and next of kin may obtain copies of those provisions; and
11. An explanation that the caretaker, legal guardian and next of kin
may review specific information gathered during the investigation and
pertaining to the service needs of the vulnerable adult pursuant to
Section 10-110 of Title 43A of the Oklahoma Statutes.
[Previous] [Next]