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Library: Policy

340:5-3-4. Referrals under the jurisdiction of entities other than Adult Protective Services (APS)

Revised 9-15-21

        Some referrals of alleged maltreatment of vulnerable adults are not investigated by APS staff.

(1) Robert M. Greer Center (Greer) resident or former Hissom Memorial Center resident referrals.  When the alleged victim is a current Greer resident, or a former Hissom Memorial Center resident, who suffered maltreatment by a facility employee or by a current caretaker, the referral is sent to Office of Client Advocacy (OCA).    • 1

(2) Reports of maltreatment by persons providing services to alleged victims receiving services from a community services worker, community services provider, SoonerCare (Medicaid) personal care services provider, or Medicaid personal care assistant (MPCA).  When the alleged victim receives services from a community services worker, community services provider, SoonerCare (Medicaid) personal care services provider, or MPCA, as those terms are defined in Section 1025.1 of Title 56 of the Oklahoma Statutes, the referral is sent to Office of Client Advocacy (OCA).  • 2

(3) Alleged maltreatment in hospital settings.  APS staff refers allegations of maltreatment of vulnerable adults who are receiving services in medical hospitals, rehabilitation facilities, or private psychiatric hospitals, by facility staff to the Oklahoma State Department of Health (OSDH), Protective Health Services, Medical Facilities Service.   • 3

(4) Alleged maltreatment by Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS) staff and contracted providers.  APS staff refers allegations of maltreatment of vulnerable adults by public or private community mental health agency staff to the ODMHSAS Advocacy Division.  Certain residential care facilities may also be under the jurisdiction of ODMHSAS and receiving a stipend.  • 4

(5) Alleged maltreatment of residents by nursing facility staff.  APS staff refers allegations of maltreatment of nursing facility residents by facility staff to APS Long-Term Care Investigations and to OSDH, Protective Health Services, Medical Facilities Service  • 5

(6) Alleged maltreatment of incarcerated individuals in federal or state custody.  APS staff refers allegations of maltreatment of incarcerated individuals by federal or state public hospitals, jails, prisons, or similar facilities staff to the facility's regulatory department for investigation and to the local district attorney.

(7) Alleged maltreatment of individuals who are deceased at the time of referral.  Maltreatment allegations of persons who are deceased are not accepted by APS.  Reporters are referred to the state Office of the Medical Examiner, law enforcement, or when the death occurred in a nursing facility, to the Office of the Attorney General, Medicaid Fraud Control Unit.   • 6

(8) Alleged impaired driving.Reporters with concerns about impaired driving are referred to the Oklahoma Department of Public Safety.APS does not investigate impaired driving, but may address related issues.(8) Alleged impaired driving.  Reporters with concerns about impaired driving are referred to the Oklahoma Department of Public Safety.  APS does not investigate impaired driving, but may address related issues.

INSTRUCTIONS TO STAFF 340:5-3-4

Revised 9-15-23

1.  When the Abuse and Neglect Hotline (Hotline) receives a referral regarding residents of the Robert M. Greer Center or a former resident of Hissom Memorial Center, the Hotline specialist enters all pertinent information in the APS Computer System Intake Section.  The Review, Evaluate, and Decide (RED) Unit specialist or designee screens the referral as an Information and Referral (I & R) and sends the referral to the Office of Client Advocacy (OCA) by email at *oca.intake@OKDHS.org.

2.  When the alleged victim (AV) receives services from a community services worker, community services provider, SoonerCare (Medicaid) personal care services provider, or Medicaid personal care assistant, the Hotline specialist enters the referral in the APS Computer System Intake Section.  The RED Unit specialist or designee screens the referral as an I & R and sends the referral to OCA.  If the alleged perpetrator (AP) is someone who provides care for the vulnerable adult outside of their employment hours, the referral may also be assigned to APS for investigation.  If there is a concurrent investigation with APS and it is determined the maltreatment occurred during the AP's employment hours, the APS specialist closes the APS referral and OCA completes their investigation.

3. The RED Unit specialist or designee sends the referral to the Oklahoma State Department of Health (OSDH), Protective Health Services, Medical Facilities Service at medicalfacilities@health.ok.gov to report maltreatment of vulnerable adults in hospital settings.  The RED Unit specialist or designee documents in the APS Computer System Notes   Section that the referral was made to OSDH.

4.  The RED Unit specialist or designee sends the referral to the Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS) Advocacy Division at inspectorgeneral@odmhsas.org to report alleged maltreatment of the vulnerable adult by facility staff operated by or contracted with ODMHSAS.  The RED Unit specialist or designee documents the referral was made to ODMHSAS in the APS Computer System Notes Section.

5.   When Adult and Family Services county staff receives an allegation of maltreatment of a nursing facility resident, staff enters the referral into the online reporting portal at OKHotline.org or transfers the call to the Hotline.

6.  When the APS specialist conducted a face-to-face interview with the AV and the AV dies during the investigation, the APS specialist continues with the elements of the investigation to complete it.