Library: Policy

340:5-1-8. Complaints and concerns regarding Adult Protective Services (APS) or Long-Term Care investigations

Revised 9-15-21

        Complaints regarding the provision of services or an investigation may be submitted to Oklahoma Human Services OKDHS by phone, email, or in written form.  Complaints regarding:

(1) APS policy and procedure are referred to the district director, or program supervisor, who performs a case review.  The district director, or program supervisor, sends a written response to the complainant within 45-calendar days, stating the review's general findings.  Confidential information is not included in the report.  If the complainant is not satisfied with the findings, the complainant may within 30-calendar days of the date of the letter, submit a written appeal to APS State Office, at PO Box 25352, Oklahoma City, Oklahoma 73125.  A committee composed of OKDHS staff reviews the appeal and sends the complainant the decision within 30-calendar days; • 1

(2) alleged misconduct by an APS specialist, or social service inspector is referred to the supervisor or designee in the specialist's chain of command; • 2

(3) alleged misconduct by an APS specialist IV is referred to the appropriate district director for action; and • 2

(4) involuntary services are brought before the district court that granted the temporary guardianship at issue.  • 3

Revised 9-23-22

1. (a) No confidential information is included in the APS district director's or program supervisor's written response.  Adult Protective Services (APS) State Office retains a copy of the response.

(b) The Community Living, Aging and Protective Services (CAP) director or designee and two senior Oklahoma Human Services (OKDHS) staff members from outside of APS review the appeal.  When the CAP director or designee has reached a decision, he or she prepares a response letter.  After the CAP director or designee reviews and signs, the response letter is sent to the complainant.  If the appeal is determined to be in favor of the complainant, the findings are updated in the APS Computer System and the Adult Protective Services Report of Investigation is updated and sent to the local district attorney.

(c) Facility review requests about a specific Long-Term Care Investigations (LTCI) social services inspector (SSI).

(1) When the LTCI programs manager receives a complaint, he or she:

(A) reads the complaint and all supporting documentation and compares it to the documentation in the case file;

(B) forwards the complaint to the SSI for review and comment or for answers to the programs manager's questions;

(C) determines the accuracy of the SSI decision after a thorough analysis of the case and complaint;

(D) makes a decision and drafts a letter to the complainant;

(E) gives the complaint, letter, SSI comments, and file to the CAP director for review and approval;

(F) signs the letter without documentation, and mails it to the complainant; and

(G) files all documents, the complainant's letter, the SSI comments, and the response letter in the original case.

(2) If a new investigation is initiated as a result of the complaint, it is given a new intake and number, and is initiated as a new case.

(d) Guidelines related to complaints Community APS specialists receive about LTCI staff members are outlined in (1) through (14) of this subsection.

(1) Complaints are reduced to writing.

(2) The reporter may be contacted for clarification.

(3) When the Community APS specialist is satisfied that the problem may be a LTCI staff complaint, he or she immediately forwards the complaint to his or her supervisor.

(4) The supervisor immediately sends the complaint to the LTCI programs manager.

(5) Under no circumstance is a LTCI staff complaint entered in the APS Computer System without the CAP director's or designee's instruction to do so.

(6) The programs manager informs the CAP director or designee that a complaint was received and the nature of the complaint.

(7) Investigation of concerns may include talking to the reporter, LTCI SSI, or other persons when they have related information and are identified by the reporter.

(8) All relevant documentation is reviewed.

(9) Any other steps the CAP director or designee or Human Resources Management Division  (HRMD) requests.

(10) All findings are reduced to writing and given to the CAP director for review.

(11) The programs manager and CAP director meet to make a joint-decision about the finding and resolutions.

(12) The programs manager drafts a response letter that is mailed to the reporter after the CAP director reviews and approves the letter.

(13) A verbal and possibly written response to the complaint is provided to the LTCI staff.

(14) When disciplinary action is required the staff is informed according to OKDHS HRMD policy.(6) The program manager informs the APS director that a complaint was received and the nature of the complaint.

2. (a) When a civil rights allegation is received, the APS district director or designee offers to help the complainant complete Form 14CR001E, Discrimination Complaint – Client or Vendor.  Completed Form 14CR001E is sent to the Office for Civil Rights at the address on the form for appropriate action.

(b) The APS specialist IV or designee assigned to the county where the alleged victim resides is responsible for addressing the complaint of possible inappropriate conduct by an APS specialist.

(c) The APS district director or designee reviews all complaints of possible inappropriate conduct by APS staff.

3. OKDHS Legal Services may be consulted when complaints are received.