(a) All records, working papers, and reports related to an Adult Protective Services (APS) investigation are confidential under Section 10-110 of Title 43A of the Oklahoma Statutes, and may be disclosed only by order of the court except under the circumstances described in (b) through (e) of this Section. Representatives of the general public, news media, or agencies not meeting one of the exceptions in (c) of this Section who request details on a specific case may be referred to the county director, area director, Family Support Services Division (FSSD), APS Unit staff, or the Oklahoma Department of Human Services (OKDHS) Office of Communications for a detailed explanation of OKDHS confidentiality rules. • 1
(b) When consulting persons knowledgeable of the circumstances of an alleged victim of abuse, neglect, or exploitation, or when making other contacts as part of the investigation or service planning process, the APS specialist may disclose information necessary to ensure that the client is protected and the client's needs are met.
(c) Certain persons acting in an official capacity with regard to the APS client may review or receive information from the entire case record, including:
- (1) a district attorney or employees of the district attorney's office;
- (2) the attorney representing the person who is the subject of an involuntary services action;
- (3) the attorney for the Oklahoma Disability Law Center, when involved in representing an APS client;
- (4) staff of an Oklahoma law enforcement agency or a law enforcement agency of another state, including a state or local Medical Examiner's Office;
- (5) staff of another state's APS program;
- (6) physical or mental health care professionals involved in the evaluation or treatment of the vulnerable adult; and
- (7) OKDHS staff who use the information in carrying out their own responsibilities. • 2
(d) Any agency or person authorized by OKDHS to provide services to a vulnerable adult client may receive a summary of information necessary to secure or provide appropriate care for the client.
(e) The client's caretaker, legal guardian, and next of kin may receive summaries of information from an APS case record.
(f) Some information from APS records may be released to employees or contractors of the State for research purposes, upon application to and approval by the FSSD APS Unit. While local OKDHS offices may release statistical information, no specific case information is released for research purposes unless approval is received from the FSSD APS Unit.