Okla. Stat. tit. 43A, § 43A-10-105

A. Upon receiving a report of alleged abuse, neglect, or

exploitation of a vulnerable adult pursuant to the provisions of the

Protective Services for Vulnerable Adults Act, the appropriate state

entity shall make a prompt and thorough investigation. When

feasible, law enforcement and the appropriate state entity shall

conduct joint investigations in order to reduce potential trauma to

the victim and to eliminate duplicative efforts.

B. The investigation shall include:

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1. Notification of local law enforcement agency. Upon the

request of a law enforcement agency, the appropriate state entity

shall submit copies of any results or records of an examination on

the vulnerable adult who is alleged to have been abused, neglected,

or exploited and any other clinical notes, x-rays, photographs, or

previous or current records relevant to the case;

2. Any findings of abuse, neglect, or exploitation of a

vulnerable adult shall also be sent to any state agency with

concurrent jurisdiction over persons or issues identified in the

investigation including, but not limited to, where appropriate, the

State Department of Health, the Oklahoma Board of Nursing, or any

other appropriate state licensure or certification board, agency, or

registry;

3. Every reasonable effort to locate and notify the caretaker,

legal guardian and next of kin of the vulnerable adult who may be in

need of protective services pursuant to Section 10-105.1 of this

title;

4. Diagnostic evaluation to determine whether the person needs

protective services;

5. Any photographs necessary to document injuries or conditions

which have resulted or may result in an injury or serious harm to

the person;

6. A statement of the least restrictive services needed;

7. Whether services are available from the Department of Human

Services or in the community and how the services can be provided;

8. Whether the person would be capable of obtaining services

for self and could bear the cost or would be eligible for services

from the Department of Human Services;

9. Whether a caretaker or legal guardian would be willing to

provide services or would agree to their provision;

10. Whether the person desires the services;

11. A statement of any follow-up investigation or monitoring of

the services that may be needed; and

12. Other relevant information.

C. 1. a. Investigations conducted pursuant to this section

shall include a visit to the home or other place of

residence of the person who is the subject of the

report, a private interview with such person and any

other potential victims, and consultation with persons

who have knowledge of or may be witnesses to the

circumstances.

b. Investigators shall be suitably trained in interview

techniques and shall utilize such techniques in

interviews with elderly and incapacitated adults and

individuals with intellectual disabilities.

Interviews shall be conducted at the appropriate

developmental age level of the victim. A reasonable

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effort shall be made to conduct interviews of

vulnerable adult victims with an intellectual

disability or diminished capacity utilizing

appropriate personnel and following protocols and

procedures established for interviews with such

persons, including the use of forensic interview

techniques when appropriate.

c. If, in the course of an investigation of this nature,

the appropriate state entity is denied entrance to the

home or other place of residence of a person believed

to be a vulnerable adult in need of protective

services, or is denied a private interview with the

vulnerable adult, the appropriate state entity may

petition the court for an order allowing entry to the

premises or private access to the vulnerable adult.

The court shall make a finding of probable cause of

the vulnerability of the adult before issuing the
e of residence of a person believed

to be a vulnerable adult in need of protective

services, or is denied a private interview with the

vulnerable adult, the appropriate state entity may

petition the court for an order allowing entry to the

premises or private access to the vulnerable adult.

The court shall make a finding of probable cause of

the vulnerability of the adult before issuing the

order. If documentation, or access to records, or

other information relating to such person as provided

by this section is denied, the appropriate state

entity may petition the court for an order allowing

entry or access.

2. The petition shall state the name and address of the person

who is the subject of the report and shall allege specific facts

sufficient to show that the circumstances of the person are in need

of investigation.

3. If it is necessary to forcibly enter the premises, the

representative of the appropriate state entity shall make the entry

accompanied by a peace officer.

4. The appropriate state entity shall make all reasonable

attempts to interview the caretaker or other persons alleged to be

involved in the abuse, neglect or exploitation in order to enhance

service provision and to prevent additional incidents of abuse,

neglect or exploitation.

D. When a report is received pertaining to a vulnerable adult

who has a legal guardian, a copy of the investigative report of the

appropriate state entity shall be filed with the court to which the

guardian is accountable.

E. 1. In the case of a final investigative report pertaining

to a vulnerable adult who is a resident of a nursing facility,

residential care facility, assisted living facility or continuum of

care facility and who is alleged to be a victim of abuse, verbal

abuse, neglect, or exploitation by an employee of such facility, the

appropriate state entity, if other than the Office of Client

Advocacy, shall forward to the State Department of Health a copy of

the final investigative report.

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2. The appropriate state entity shall be deemed a party

pursuant to the Administrative Procedures Act for the investigative

reports filed by such entity with the State Department of Health

regarding vulnerable adults who are residents of nursing facilities,

residential care facilities, assisted living facilities or continuum

of care facilities.

a. Within thirty (30) days of receipt of the final

investigative report submitted by the appropriate

state entity pursuant to this section, the State

Department of Health shall provide the appropriate

state entity with a written summary of any action

taken as a result of the complaint including, but not

limited to, results of any inspections, enforcement

actions or actions which may be taken by the State

Department of Health.

b. Whenever the appropriate state entity believes that

the conditions giving rise to a complaint by such

entity alleging a serious threat to the health, safety

or welfare of a resident of a nursing facility,

residential care facility, assisted living facility or

continuum of care facility have not been adequately

addressed, such entity may request the State

Department of Health to hold a hearing on the

complaint as provided by Section 309 of Title 75 of

the Oklahoma Statutes.

3. Nothing herein shall prevent the State Department of Health

from conducting any type of investigation or taking any appropriate

remedial or other action pursuant to the provisions of the Nursing

Home Care Act, the Residential Care Act and the Continuum of Care

and Assisted Living Act.

F. When a report is received pertaining to a vulnerable adult

residing in a facility other than the home of the vulnerable adult,

where persons are employed to provide care and those employees have

been named as persons responsible for the abuse, neglect or

exploitation, the appropriate state entity shall forward its final
sidential Care Act and the Continuum of Care

and Assisted Living Act.

F. When a report is received pertaining to a vulnerable adult

residing in a facility other than the home of the vulnerable adult,

where persons are employed to provide care and those employees have

been named as persons responsible for the abuse, neglect or

exploitation, the appropriate state entity shall forward its final

findings, including, but not limited to, any administrative appeal

findings to the owner or administrator of the facility to prevent

further incidents.

G. The Office of Client Advocacy shall establish a system for

investigating allegations of misconduct by a person responsible for

a vulnerable adult not rising to the level of abuse, neglect, or

exploitation in cases where the Office is the appropriate state

entity as defined in Section 10-103 of this title.