Library: Policy
340:5-3-5. Concurrent jurisdiction with other entities
Revised 9-15-23
Some referrals that are appropriate for Adult Protective Services (APS) intervention must also be sent to other entities.
(1) Concurrent jurisdiction with Oklahoma State Department of Health (OSDH).
(A) Referrals alleging maltreatment of vulnerable adults are accepted and screened by APS and sent to OSDH, Protective Health Services, Long-Term Care Complaints, for residents of:
(i) residential care facilities;
(ii) assisted living facilities;
(iii) adult day care facilities; and
(iv) nursing facilities when the referral is self-neglect or maltreatment by a person not employed by the facility. • 1
(B) The APS specialist sends a copy of the final investigative report to OSDH. When an investigation involving an administrator named as the alleged perpetrator is completed and, when findings are substantiated, the APS specialist IV or designee notifies the Oklahoma State Board of Examiners for Long-Term Care Administrators.
(2) Concurrent jurisdiction with law enforcement. Referrals alleging illegal activity or situations determined too dangerous for an APS response are referred to law enforcement. • 2
(3) Joint response by APS and law enforcement. Law enforcement assistance is requested for home visits when warranted by safety protocol.
(4) Referrals involving substance use or abuse and persons with mental illness. Oklahoma law gives the Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS) primary responsibility for persons with mental illness and substance use or abuse dependency. ODMHSAS treats persons with mental illness on a voluntary basis. Community mental health centers administered by, or under contract to, ODMHSAS provide recommended aftercare services to patients who are discharged from state mental hospitals and who voluntarily request and accept mental health services. • 3
(A) The APS specialist may assist law enforcement, when requested, by facilitating or completing a third party affidavit.
(B) When the vulnerable adult's primary problem is determined to be mental illness or substance use or abuse dependency, the Abuse and Neglect Hotline specialist must determine if other issues exist within APS jurisdiction. When no other issues exist, the case is assigned as Information and Referral. The Review, Evaluate, and Decide (RED) Unit specialist or designee directs the vulnerable adult or reporter to the nearest ODMHSAS contract facility for outpatient service.
(C) When other issues of alleged abuse, neglect, or exploitation exist, the case is assigned in the usual way.
(D) The APS specialist IV or designee contacts law enforcement to secure emergency detention when the person is a danger to self or others.
INSTRUCTIONS TO STAFF 340:5-3-5
Revised 9-15-23
1. (a) When a referral is received alleging that a resident of a residential care or assisted living facility, licensed or unlicensed, is suffering maltreatment or that a resident of a nursing facility is suffering maltreatment from anyone not on the facility's staff or from self-neglect, the Abuse and Neglect Hotline specialist enters all pertinent information in the Adult Protective Services (APS) Computer System Intake Section and submits the referral for assignment. The Review, Evaluate, and Decide Unit specialist or designee also emails a summary of the referral to Oklahoma State Department of Health (OSDH), Protective Health Services Medical Facilities Service at medicalfacilities@health.ok.gov. The phone number is 405-271-6868, toll- free 1 800-747-8419; fax 405-271-4172; toll-free fax 1-866-239-7553.
(b) In addition to the referral, the APS specialist IV or designee sends the final investigative findings in summary form to OSDH, Protective Health Services Medical Facilities Service.
2. When referrals contain allegations of illegal drug manufacture or sale, dangerous animals, guns, or other situations that present a potentially serious danger to an APS specialist, the APS specialist notifies law enforcement and follows safety protocol.
3. Refer to safety protocol.
4. To use available services for the vulnerable adult, APS specialists have working knowledge of:
(1) current state mental health laws;
(2) local law enforcement policies regarding voluntary and involuntary treatment for persons with mental illnesses and persons using or abusing substances;
(3) mental health professionals; and
(4) available community resources.
