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OKDHS Home > Library > Policy > OAC 340 > Chapter 5. Adult Protective Services > 1. General Provisions > 5. Confidentiality
340:5-1-5. Confidentiality
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Revised 11-03-10 

 

(a) All records, working papers, and reports related to an Adult Protective Services (APS) investigation are confidential under Sections 10-110 and 10-110.1 of Title 43A of the Oklahoma Statutes (43A O.S. §§ 10-110 and 10-110.1) and may be disclosed only by order of the court except under the circumstances described in (b) through (g) 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 vulnerable adult is protected and the vulnerable adult's needs are met.

(c) Certain persons acting in an official capacity with regard to the vulnerable adult 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 the vulnerable adult;
  • (4) staff of:
    • (A) an Oklahoma law enforcement agency;
    • (B) a law enforcement agency of another state;
    • (C) a state or local Medical Examiner's Office;
    • (D) a law enforcement agency of a federally recognized tribe in Oklahoma; or
    • (E) a federal law enforcement agency;
  • (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 may receive a summary of information necessary to secure or provide appropriate care for the vulnerable adult.

(e) The vulnerable adult's caretaker, legal guardian, and next of kin may receive summaries of information from an APS case record.  • 3

(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.

(g) In accordance with 43A O.S. § 10-110.1, when the person responsible for the care of a vulnerable adult has been charged by information or indicted with committing a crime resulting in the death or near death of a vulnerable adult, there is a presumption that it is in the best interest of the public to disclose certain information.  • 4

(h) If federal law specifically prohibits the disclosure of any of the information required by this subsection, that information may be excluded from the disclosed health information.  • 5

INSTRUCTIONS TO STAFF 340:5-1-5

 

Revised 11-1-11

 

1.   To maintain the highest degree of confidentiality, Adult Protective Services (APS) records are kept in a secured area at local and state office levels.

2.   Oklahoma Department of Human Services staff granted access to APS records include Field Operations Division, Division of Children and Family Services, Developmental Disabilities Services Division, Office of Inspector General, Office of Client Advocacy, and others who request records to evaluate eligibility or complete an investigation.

3.   Pre-formatted letters available in the APS Computer System may be downloaded and used as the summary.

4.   (a) When an APS specialist has a case in which a person responsible for the care of a vulnerable adult has been charged with committing a crime resulting in the death or near-death of a vulnerable adult, the APS specialist immediately notifies the Family Support Services Division (FSSD) APS Unit.

(b) The FSSD APS Unit and Office of General Counsel determine the information to be released.

5.   An example is disclosing medical information prohibited by the Health Insurance Portability and Accountability Act (HIPPA) of 1996 as it relates to the human immunodeficiency virus (HIV) that causes acquired immunodeficiency syndrome (AIDS).  The court must order the release of such information.
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Last Updated:  10/31/2011
Oklahoma Department of Human Services
Street address: Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd., Oklahoma City, OK 73105
Mailing address: P.O. Box 25352, Oklahoma City, OK 73125
(405) 521-3646
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