Facts

Elder Abuse | Authority | APS Principles | APS Statistics

Elder Abuse

Each year thousands of adult Oklahomans suffer abuse, neglect and exploitation by family members and other caregivers. Many victims are elderly, frail and vulnerable, cannot help themselves and depend on others to meeting their basic needs.

Physical, behavioral, and environmental signs, or signs of financial abuse are not necessarily proof of abuse, neglect, or exploitation. They may be clues that a problem exists, however.

Authority

The Adult Protective Services program is authorized in Title 43A of the Oklahoma Statutes, sections 100-101 through 100-111.

The law states any person who has reasonable cause to believe a vulnerable adult is suffering from abuse, neglect or exploitation shall report the situation to authorities as soon as the person is aware of the situation. Reports can be made to the Oklahoma Department of Human Services APS program, the local district attorney’s office, or the local police or sheriff’s department. Reporting is the individual responsibility of the person who believes the situation to be one that should be reported.

Although the reporting requirement applies to everyone, certain professionals are specifically required by law to report situations:

• Physicians;
• Operators of emergency response vehicles;
• Other medical professionals;
• Social workers and mental health professionals;
• Law enforcement officials;
• Staff of domestic violence programs; and
• Long term care facility personnel.

Reporting:

Anyone who reports a situation in good faith is immune from civil or criminal liability.

Anyone who intentionally fails to report a situation can be found guilty of a misdemeanor upon conviction.

Anyone who willfully or recklessly makes a false report can be civilly liable for both actual and punitive damages.

Reporting is an individual responsibility. The law prohibits an employer from retaliating against an employee for reporting situations or suspected adult maltreatment.

The best way to report to the Oklahoma Department of Human Services is to contact the APS supervisor who has responsibility for the county where the vulnerable adult lives.

APS Principles

The vulnerable adult is the Adult Protective Services client. APS Specialists view a client’s situation from the client’s perspective as much as possible.

The vulnerable adult client has all the rights of an adult. Adults have the right to make their own decisions unless a court determines otherwise. This includes the right to make “bad” decisions, or decisions which go against what someone else desires for them. Adult children, other relatives and health care and other professionals cannot impose services upon a vulnerable adult without the adult’s consent, unless a court order gives them that right. Vulnerable adults can accept or refuse any services offered.

Services must be provided in the least restrictive manner possible. If services can be provided in the home, APS will not recommend nursing home placement.

APS Statistics

Referrals investigated by APS staff have increased steadily over time. From fiscal year 1992 to fiscal year 2002, referrals increased 133 percent.

In fiscal year 2009, more than 20,000 reports were received, and more than 17,000 of those reports were investigated. Of the services provided, 97 percent were voluntary.

• Abuse -- 12 percent
  1. Abandonment -- 0 percent
  2. Caretaker Abuse -- 6 percent 
  3. Sexual Abuse -- 1 percent 
  4. Sexual Exploitation -- 0 percent 
  5. Verbal Abuse -- 4 percent

• Neglect -- 66 percent 
1. Caretaker Neglect -- 18 percent 
2. Self Neglect -- 48 percent

• Allegations regarding Assets --  22 percent
  1. Caretaker Exploitation -- 11 percent 
  2. Non Caretaker Exploitation -- 8 percent 
  3. Financial Neglect -- 3 percent