OKDHS - OAC 340:5-3-5. Multiple jurisdictions

340:5-3-5. Multiple jurisdictions

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Revised 6-1-10

Some reports which are appropriate for Adult Protective Services (APS) intervention are also required to be sent to other agencies.

(1) Reports which are sent to Oklahoma State Department of Health (OSDH). Reports alleging maltreatment of vulnerable adults are accepted and screened by APS but are also sent to OSDH, Protective Health Services, for residents of:
- (A) residential care facilities;
- (B) assisted living facilities; and
- (C) nursing facilities when the report is of self-neglect or maltreatment by a person not employed by the facility. • 1
(2) Reports which are sent to law enforcement. Reports alleging illegal activity or situations which may be dangerous for an APS specialist are referred to local law enforcement. A report of this type does not relieve APS of responsibility for assessing the need for protective services in such situations. • 2
(3) Reports involving substance abusers and persons with a mental illness. Oklahoma law gives the Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS) primary responsibility for the mentally ill and substance abusers. ODMHSAS actively treats seriously mentally ill persons on a voluntary basis. Community mental health centers administered by or under contract to ODMHSAS provide recommended aftercare services to patients who are discharged from state mental hospitals and voluntarily request and accept mental health services. • 3
- (A) The APS specialist may assist law enforcement officers when requested by providing behavioral assessments necessary to obtain involuntary mental health treatment, such as third party affidavits.
- (B) When reports are received regarding persons who are alleged to have a mental illness or a substance abuse problem, they are screened by the APS specialist IV to determine whether it is appropriate for APS investigation.
- (C) If, after investigation, the vulnerable adult's primary problem is determined to be substance abuse dependency or mental illness, the APS specialist directs the vulnerable adult to the nearest ODMHSAS contract facility for outpatient service. The APS specialist calls law enforcement for securing emergency detention if the person is a danger to self or others.

INSTRUCTIONS TO STAFF 340:5-3-5

Revised 11-1-11

1.   (a) When a report is received in the human services center (HSC) alleging a resident of a residential care or assisted living facility, licensed or unlicensed, is suffering maltreatment, or a resident of a nursing facility is suffering maltreatment from anyone not on the facility's staff or self-neglect, the person accepting the report enters all pertinent information in the Intake Section of the Adult Protective Services (APS) Computer System and submits it through automated processes. In addition, the person accepting the report also telephones, faxes, or emails a summary of the referral to Oklahoma State Department of Health (OSDH), Protective Health Services. The telephone number is 405-271-6868, toll free 1‑800-747-8419; fax 405-271-4172; toll free fax 1-866-239-7553, and email address is LTCComplaints@health.ok.gov.

(b) In addition to the report, the APS specialist IV sends the final investigative findings in summary form to OSDH, Protective Health Services.

2.   When reports contain allegations of illegal drug manufacture or sale, dangerous animals, guns, or other situations that present a potentially serious danger to an APS specialist, the APS specialist notifies local law enforcement of the allegations.

3.   In order to appropriately utilize available services for the vulnerable adult, APS specialists must be knowledgeable about:

(1) current state mental health laws;

(2) local law enforcement policies regarding voluntary and involuntary treatment for persons with mental illness and persons abusing substances;

(3) mental health professionals; and

(4) resources available in their communities.

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