(a) Reporting requirements and reportable incidents.

• (1) Persons having reason to believe that a minor is a victim of abuse or neglect are required by Section 7103 of Title 10 of the Oklahoma Statutes to promptly report it to the Oklahoma Department of Human Services (OKDHS).
• (2) Persons having reason to believe that a vulnerable adult is a victim of abuse, neglect, verbal abuse, or exploitation are required by Section 10-104 of Title 43A of the Oklahoma Statutes to promptly report it to OKDHS.  This reporting requirement applies to providers, as defined in OAC 340:2-3-2, and their employees and agents.
• (3) In addition, employees of OKDHS, Department of Rehabilitation Services (DRS), Department of Mental Health and Substance Abuse Services (DMHSAS), Office of Juvenile Affairs (OJA), and the J.D. McCarty Center who have reason to believe that caretaker misconduct, as defined in OAC 340:2-3-2, with regard to a client has occurred promptly refer it to OCA intake.  This referring requirement also extends to employees of private facilities that contract with OKDHS, DRS, DMHSAS, and OJA to provide residential services to these clients.
• (4) A person can have reason to believe that maltreatment has occurred based on information he or she has learned directly or indirectly, including information provided by the alleged victim or witnesses to an incident.  When an allegation of maltreatment is made by the alleged victim or the guardian or parent of the alleged victim, it is referred to OCA intake.  Persons unsure of what to report or to refer call OCA intake, 1-800-522-8014, during business hours, and after hours call the Abuse Hotline, 1-800-522-3511.
• (5) Knowledge of circumstances which may constitute maltreatment is reported even if the person reporting it cannot substantiate the information.
• (6) In addition to the reportable incidents in paragraphs (1), (2), and (3) of this subsection, employees and agents of OKDHS, DRS, DMHSAS, OJA, the J.D. McCarty Center, facilities, and providers report to OCA events listed in (A) through (G) of this paragraph involving a person listed in OAC 340:2-3-32(a)(2):
  • (A) a violent death, whether apparently homicidal, suicidal, or accidental;  • 1
  • (B) a death under suspicious, unusual, or unnatural circumstances;
  • (C) the death of a resident of the Southern Oklahoma Resource Center (SORC), the Northern Oklahoma Resource Center of Enid (NORCE), or the Greer Center Facility (Greer);
  • (D) the death of a Hissom class member;
  • (E) a serious physical injury, as defined in OAC 340:2-3-2;
  • (F) any physical injury if it is:
    • (i) unexplained; and
    • (ii) suspicious; or
  • (G) rape, sodomy, or other sexual activity prohibited by state law.
• (7) "Promptly" reporting as used in this Subchapter means the same day or the next working day.
• (8) The reporting obligations under this Section are individual. Employers, supervisors, and administrators do not impede or inhibit the reporting obligations of any employee or other person.

(b) Reporting responsibilities.

• (1) Reportable incidents.  Reportable incidents are defined in subsection (a) of this Section.
• (2) Minors and youth.  An OKDHS employee with knowledge of a reportable incident involving a minor or youth who is an OCA client, as defined in OAC 340:2-3-32(a)(2), is required to make an immediate referral to OCA intake.  Any other person who has knowledge of this type of reportable incident involving an OCA client is required by law to make a prompt report to OCA intake, Child Welfare in an OKDHS local county office, or the statewide, toll free hotline (the "hotline"), 1-800-522-3511.  Referrals to OCA intake are made in accordance with subsection (e) of this Section.  
• (3) Vulnerable adults.  An OKDHS employee who has knowledge of a reportable incident involving a vulnerable adult who is an OCA client, as defined in OAC 340:2-3-32(a), is required to make an immediate referral to OCA intake.  Any other person who has knowledge of this type of reportable incident is required by law to make a report as soon as possible to OCA intake, the office of the district attorney in the county in which the alleged incident happened, or the local municipal police or sheriff's department.
• (4) Immunity from liability.  Oklahoma law provides that any person exercising good faith and due care in making a report of alleged abuse, neglect, verbal abuse, or exploitation pursuant to the Oklahoma Child Abuse Reporting and Prevention Act or the Oklahoma Protective Services for Vulnerable Adults Act shall have immunity from any civil or criminal liability the person might otherwise incur.
• (5) Questions about reporting.  A person who is uncertain if a particular incident is reportable contacts OCA intake, 1-800-522-8014, during business hours, and after hours call the Abuse Hotline, 1-800-522-3511.

(c) Failure to report.  Any person who knowingly and willfully fails to promptly report a reportable incident as provided for in this Section may be subject to administrative action or criminal sanctions.  Section 10-104(E) of Title 43A and Section 7103(C) of Title 10 of the Oklahoma Statutes makes failure to report a misdemeanor, upon conviction.  In addition, failure to report by an OKDHS employee may result in disciplinary action.

(d) False reporting.

• (1) Any person who knowingly and willfully makes a false report regarding alleged maltreatment of a minor, or a report that the person knows lacks factual foundation, may be reported by OKDHS to local law enforcement for criminal investigation and, upon conviction, is guilty of a misdemeanor.
• (2) With regard to vulnerable adults, any person who willfully or recklessly makes a false report may be liable in a civil action for any actual damages suffered by the person(s) being reported and for any punitive damages set by the court or jury.

(e) Method of reporting.

• (1) Any person obligated to report an allegation of suspected abuse, neglect, verbal abuse, or exploitation of an OCA client, or caretaker misconduct towards an OCA client, contacts OCA intake in Oklahoma City by telephone at 1-405-525-4850 or 1-800-522-8014, between 8:00 a.m. and 5:00 p.m. on normal business days.  At all other times, the Statewide Abuse Hotline, 1-800-522-3511 accepts referrals on behalf of OCA.  Referrals also are made by completing Form 15GN001E, Office of Client Advocacy Intake Referral, and transmitting it by fax 1-405-525-4855, to OCA, Attn: OCA intake, or sending the same information in an e-mail addressed to *OCA.intake@okdhs.org.
• (2) Allegations of exploitation of residents of SORC, NORCE, and Greer are reported to the person designated by the facility administrator to receive and investigate reports of those allegations.
• (3) In lieu of contacting OCA intake, employees of SORC, NORCE, and Greer also have the option of contacting the quality assurance staff at those facilities.  In this event, the reporting staff also notifies the OCA facility ombuds staff assigned to the facility.  OCA employees and facility staff who receive information about a reportable incident promptly contact OCA intake to transmit that information.

(f) Confidentiality of reporting party's identity.  OCA keeps confidential the identity of a person who reports an incident involving a vulnerable adult in accordance with Section 10-105(2) of Title 43A of the Oklahoma Statutes, and of a person who reports an incident involving a minor or youth in accordance with Section 7005-1.2(G)(7) of Title 10 of the Oklahoma Statutes.  OCA accepts anonymous referrals.

(g) Retaliation prohibited.  Section 10-104(G) of Title 43A of the Oklahoma Statutes states that an employer shall not terminate the employment, prevent or impair the practice or occupation of or impose any other sanction on any employee solely for the reason that the employee made or caused to be made a report or cooperated with an investigation pursuant to the Vulnerable Adults Act, Section 10-101 et seq. of Title 43A of the Oklahoma Statutes.

(h) Staff training.  All administrators ensure their employees receive relevant training regarding their reporting responsibilities detailed in this Section.  Except for employees of a Developmental Disabilities Services Division (DDSD) provider, employees receive this training within 30 calendar days of initial employment and subsequent training annually.  The training for employees of DDSD providers is in accordance with OAC 340:100-3-38.