1. Adult Protective Services (APS) staff is encouraged to continue the established working relationships with tribal social services to provide services for Native American clients, but are not required to contact tribal APS prior to initiating and completing an APS investigation. APS staff may contact the United States Marshal for assistance on restricted land, as appropriate. Information from an APS investigation may be shared with the Bureau of Indian Affairs (BIA) and tribal governments.
APS staff in the county of residence of the alleged victim (AV) has primary responsibility for the investigation. APS specialists in other counties involved cooperate fully and as quickly as possible in attempting to obtain information needed for the investigation. All requested information is forwarded to the county office in the AV's county of residence for completion of the case. This includes, but is not limited to, interviews with collateral contacts, such as family members, alleged perpetrators (APs), or other persons determined to have knowledge pertinent to the investigation and conducting property searches, obtaining bank records, or other material pertinent to the investigation.
(1) Staff in the county office of the county of residence may request APS staff in the county in which the AP lives to conduct the interview with the AP. All efforts to involve the AP with the APS staff in the county of residence are exhausted before this option is exercised. The same APS specialist interviews the AV and the AP if possible. When the back-up APS specialist interviews the AP, the back-up APS specialist documents the interview in the Interview tab of the APS Computer System within five working days.
(2) When the AV is temporarily housed in another county, the APS specialist IV in the resident county where the AV normally resides may request that the back-up specialist in the temporary county complete and document the initial face-to-face interview as quickly as possible, completes and documents the Capacity Assessment, initiates and documents the Risk and Needs Assessments, and contacts and documents any available collaterals. Staff in the resident county is responsible for completing the investigation and takes into consideration the input from the temporary county's APS specialist. The time frame for initiating the investigation remains the same per
(3) If it is determined that the AV relocated to another county prior to the conclusion of the investigation, the referral may be transferred to the new county. The APS specialist IV of the initial county contacts the APS specialist IV of the receiving county as soon as this determination is known in order to complete the investigation in a timely manner.
(4) When problems with coordination occur between APS staff in different county offices or there are delays in documenting information, county APS staff contact the APS district director for resolution.
3. (a) The APS specialist may request the involvement of an Oklahoma Department of Human Services (OKDHS) long-term care (LTC) nurse in investigations involving agency providers or when a nursing assessment is needed. The role of the nurse in APS cases is to:
(1) act as a resource in the interpretation of physical observations made by the APS specialist;
(2) accompany the APS specialist to visit the vulnerable adult when approved by the area nurse;
(3) assist the APS specialist in determining a course of action on the vulnerable adult's behalf; and
(4) assist in the follow-up of the vulnerable adult in the home, as appropriate.
(b) In order to involve the OKDHS LTC nurse in an APS investigation, the APS specialist must determine the need exists for an in-home medical assessment. This conclusion may be reached after discussion with the APS specialist IV and the OKDHS LTC nurse, or both.
(1) If the OKDHS LTC nurse is not available, the specialist may call the area nurse.
(2) If a nurse cannot be reached or is geographically unavailable for immediate response, the APS specialist determines whether other nursing resources are available. Examples of other nursing resources include the Developmental Disabilities Services Division (DDSD) nurse or nurse at the local Oklahoma State Department of Health (OSDH).
(3) If the situation demands immediate attention and a nursing resource is unavailable, the APS specialist initiates the home visit immediately.
(c) If assistance from the OKDHS LTC nurse is appropriate either at the initial home visit or follow-up visits, the APS specialist accompanies the nurse to visit the vulnerable adult. If the OKDHS LTC nurse accompanies the APS specialist on the initial home visit, the specialist and OKDHS LTC nurse together assess the need for further action. After a visit to the vulnerable adult, the OKDHS nurse completes all items on Form 08AP003E, Adult Protective Services Nursing Assessment, and submits the original to the APS specialist for scanning and inclusion in the Nursing Assessment Section of the APS Computer System.
4. (a) Contact information for OSDH includes:
(1) mailing address, 1000 N.E. 10th Street, Oklahoma City, Oklahoma (OK) 73111;
(2) local telephone number, 405-271-6868; toll-free number, 1‑800‑747-8419; fax number, 405-271-4172; and toll-free fax, 1‑866-239-7553; or
(3) email address, LTCComplaints@health.state.ok.gov.
(b) Contact information for the Oklahoma State Board of Nursing includes:
(1) mailing address, 2915 N. Classen Blvd., OKC, OK 73106; and
(2) telephone number, 405-962-1800.
5. The APS specialist makes the referral to OKDHS Office of Inspector General (OIG) on Form 19MP001E, Referral Form, and sends an email referral to email@example.com.
6. A vulnerable adult's benefits may be suspended pending appointment of a payee or change of payee.
7. When an AV in a criminal defendant case is referred to OKDHS, the assigned APS specialist makes periodic reports to the court regarding the status, activities, and well-being of the AV per
Section 1175.6b of Title 22 of the Oklahoma Statutes (22 O.S. § 1175.6(b)). Periodic reports are made annually, or more often when court ordered.
(1) Assigned county staff in the vulnerable adult's county of residence maintain the original paper case records on vulnerable adults previously remanded to OKDHS under Title 22 of the Oklahoma Statutes including copies of all reports and evaluations. The APS specialist enters new reports in the Intake Section of the APS Computer System with references to existing paper files.
(2) If the county of the vulnerable adult's residence is different from the county of court jurisdiction, an APS specialist in the county of residence is assigned as back-up for the purpose of seeing the vulnerable adult, documenting the contact, and preparing reports as needed. The reports are maintained in the specified "W" drive and may be printed as needed by the APS specialist.
(3) If, in the opinion of the APS specialist or the DDSD case manager, the AV appears to have achieved competency, the APS specialist reports this opinion in writing to the court. The court then sets another hearing for the purpose of determining competency.
8. (a) APS staff provides information to DDSD staff to assist in evaluation of a vulnerable adult known or suspected to have a developmental disability. The case manager for a vulnerable adult receiving DDSD services facilitates and cooperates with the APS investigation by providing requested information and accompanying the APS specialist on home visits when needed.
(1) When APS staff is assisted by DDSD staff on a case, a copy of Form 08AP002E is routed to the appropriate DDSD case manager upon completion of the investigation.
(2) An example of a situation when APS and DDSD staff coordinate activities is when the AV has developmental disabilities and is facing criminal charges.
(b) When a vulnerable adult receiving APS services appears to have developmental disabilities, but does not receive DDSD services, DDSD Intake staff or other appropriate staff may accompany the APS specialist, when necessary, on home visits and assist in making application for DDSD services. When DDSD staff assist APS staff on a case, APS staff route a copy of Form 08AP002E to the appropriate DDSD case manager upon completion of the investigation.
(c) If the APS specialist suspects the AV has developmental disabilities, the APS specialist calls the DDSD Area Intake office to determine whether the vulnerable adult receives DDSD waiver services or is on the waiting list. To make a referral for DDSD waiver services or DDSD state funded services, the APS specialist contacts the appropriate DDSD Area Intake office.
(1) DDSD has three Area Intake offices:
(A) Area I includes Oklahoma City and Enid and the toll-free number is 1‑800-522-1064;
(B) Area II includes Tulsa and the toll-free number is 1-800-522-1075; and
(C) Area III includes Pauls Valley and the toll-free number is 1‑800‑522‑1086.
(2) The APS specialist describes the situation and gives details to the DDSD intake worker regarding the person who may be in need of DDSD services. Details include the AV's:
(B) Social Security number;
(C) date of birth;
(E) phone Number;
(G) medical information;
(H) name of responsible party or legal guardian; and
(I) other pertinent information.
(3) The DDSD intake worker explains to the APS specialist the DDSD services available, if any, and how to access services and/or make application for DDSD services.
(d) If, after consultation with DDSD staff, it appears the AV may be eligible for DDSD waiver services but is not yet receiving them, the APS specialist informs the AV and/or the AV's responsible party or legal guardian that the AV may be eligible for DDSD waiver services. The APS specialist advises how to apply for services and offers to assist in completing and signing the DDSD waiver application and obtaining all required documents, such as physical and psychological reports.
(1) If the family does not want or need the APS specialist's help in applying for DDSD waiver services, the APS specialist may provide the family the appropriate DDSD Area Intake number so they can apply. In this case the APS specialist informs the local DDSD staff that the family was referred to the DDSD Area Intake office and may need services. If there is no family, responsible party, or legal guardian, or these persons are the alleged perpetrators, the APS specialist may assist the DDSD intake worker with the application.
(2) DDSD maintains a waiting list of clients when resources are unavailable for persons to be added to services funded through the Home and Community-Based Services Waiver. The waiver request list is maintained in chronological order based on the date of receipt of a written request for services. For emergency situations, exceptions to the chronological order may be made, per
(e) The APS specialist routes a copy of Form 08AP002E to DDSD Quality Assurance upon completion of the APS investigation involving vulnerable adults receiving DDSD services.
(f) When a complaint alleges abuse, neglect, or exploitation of a person with developmental disabilities by an OKDHS employee, refer to
(g) If, in the course of an investigation, the APS specialist discovers the vulnerable adult is a Hissom class member, the APS specialist immediately routes the report to Office of Client Advocacy (OCA) because OCA has the right of first refusal on investigations involving former residents of the Hissom Memorial Center. OCA may investigate or return the report to APS for investigation.
9. (a) The APS specialist faxes, mails, or emails final investigative findings in summary form to OSDH. Refer to Instruction # 4 for OSDH contact information.
(b) To notify the Oklahoma State Board of Examiners for Long Term Care Administrators (OSBELTCA), the APS specialist:
(1) downloads a pre-formatted letter from the Documents tab of the APS computer system;
(2) obtains a notarized signature from the APS specialist IV; and
(3) sends it to OSBELTCA, 2401 NW 23rd Street, Suite 62, Oklahoma City, Oklahoma 73107.