Okla. Stat. tit. 43A, § 43A-10-105.1

adult - Summary and written description – Explanation of procedures.

A. As soon as possible after initiating an investigation of a

referral regarding a vulnerable adult, the appropriate state entity

shall provide to the caretaker of the alleged victim, the legal

guardian, and next of kin of the vulnerable adult notification

including a brief oral summary and easily understood written

description of the investigation process, whether or not the

caretaker, guardian or next of kin is alleged to be the perpetrator

of the abuse, neglect or exploitation of the vulnerable adult.

B. If the vulnerable adult retains capacity to consent to

voluntary services, and does not wish for a caretaker or next of kin

to receive notification of the investigation, the appropriate state

entity shall abide by wishes of the vulnerable adult.

C. The notification specified by subsection A of this section

shall include:

1. A statement that the investigation is being undertaken by

the appropriate state entity pursuant to the requirements of the

Protective Services for Vulnerable Adults Act in response to a

report of abuse, neglect or exploitation and shall include the name

and office telephone number of the appropriate state entity’s

representative with primary responsibility for the investigation;

2. A statement that the identity of the person who reported the

incident of abuse is confidential and may not even be known to the

Department since the report could have been made anonymously;

3. A statement that the investigation is required by law to be

conducted in order to enable the appropriate state entity to

identify incidents of abuse, neglect or exploitation in order to

provide protective or preventive social services to vulnerable

adults who are in need of such services;

4. An explanation of the procedures of the appropriate state

entity for conducting an investigation of alleged abuse, neglect or

exploitation, including:

a. a statement that the alleged victim of abuse, neglect

or exploitation is the appropriate state entity’s

primary client in such an investigation,

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b. a statement that findings of all investigations are

provided to the office of the district attorney, and

c. a statement that law enforcement may conduct a

separate investigation to determine whether a criminal

violation occurred;

5. An explanation of services which may be provided as a result

of the appropriate state entity’s investigation, including:

a. a statement that the caretaker, legal guardian and

next of kin will be involved in the process of

developing a plan of services for the vulnerable adult

insofar as that involvement is consistent with the

best interests of the vulnerable adult,

b. a statement that voluntary services may be provided or

arranged for based on the adult client’s needs,

desires and acceptance, and

c. a statement that involuntary services may be provided

through the judicial system when immediate services

are needed to preserve the life of the vulnerable

adult and physical health or preserve the resources of

the vulnerable adult which may later be needed to

provide care for the vulnerable adult;

6. A statement that, upon completion of the investigation, the

identified caretaker, legal guardian and next of kin will receive a

letter from the appropriate state entity which will inform such

caretaker, legal guardian and next of kin:

a. that the Department has found insufficient evidence of

abuse, neglect or exploitation,

b. that there appears to be probable cause to suspect the

existence of abuse, neglect or exploitation in the

judgment of the Department, and

c. the recommendations of the appropriate state entity

concerning the vulnerable adult;

7. The procedures concerning the process the caretaker, legal

guardian and next of kin may use to acquire access to the vulnerable

adult in the event the vulnerable adult is removed from the
e probable cause to suspect the

existence of abuse, neglect or exploitation in the

judgment of the Department, and

c. the recommendations of the appropriate state entity

concerning the vulnerable adult;

7. The procedures concerning the process the caretaker, legal

guardian and next of kin may use to acquire access to the vulnerable

adult in the event the vulnerable adult is removed from the

residence of the vulnerable adult and the circumstances under which

access may be obtained;

8. The procedures to follow if there is a complaint regarding

the actions of the appropriate state entity and the procedures to

request a review of the findings made by the appropriate state

entity during or at the conclusion of the investigation;

9. Information specifying that if the caretaker, legal guardian

and next of kin of the vulnerable adult have any questions as to

their legal rights, that such persons have a right to seek legal

counsel;

10. References to the statutory and regulatory provisions

governing abuse, neglect or exploitation and how the caretaker,

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legal guardian and next of kin may obtain copies of those

provisions; and

11. An explanation that the caretaker, legal guardian and next

of kin may review specific information gathered during the

investigation and pertaining to the service needs of the vulnerable

adult subject to the requirements and exceptions provided in Section

10-110 of this title.