Okla. Stat. tit. 43A, § 43A-10-110.1
This is the official text of Okla. Stat. tit. 43A, § 43A-10-110.1, part of Oklahoma’s Stat. tit. 43A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 43A,." Browse the sections below, each linked to its official government source.
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Public disclosure
Official statutory text
A. For purposes of this section:
1. “Near death” means the vulnerable adult is in serious or
critical condition, as certified by a physician, as a result of
abuse or neglect; and
2. "Vulnerable adult" shall be defined as provided in Section
10-103 of Title 43A of the Oklahoma Statutes.
B. When a person responsible for the care of a vulnerable adult
has been charged by information or indictment with committing a
crime resulting in the death or near death of the vulnerable adult,
there shall be a presumption that the best interest of the public is
served by public disclosure of certain information concerning:
1. The circumstances of the investigation of the death or near
death of the vulnerable adult; and
2. Any other investigations concerning that vulnerable adult,
or other vulnerable adults living in the same facility, or involving
an individual provider of services to vulnerable adults, within:
a. three (3) years of the death or near death, and
b. one (1) year after the death or near death.
C. 1. At any time subsequent to seven (7) days of the date the
person providing care to the vulnerable adult has been criminally
charged, the Department of Human Services Adult Protective Services
Division, the district attorney, the district court clerk, and the
judge having jurisdiction over the case, upon request, shall release
certain information to the public as follows:
a. a confirmation shall be provided by the Department as
to whether a report has been made concerning the
alleged victim or other vulnerable adults while living
in the same household or facility and whether an
investigation has begun,
b. confirmation shall be provided by the Department as to
whether previous reports have been made and the dates
thereof, a summary of those previous reports, the
Oklahoma Statutes - Title 43A. Mental Health Page 229
dates and outcome of any investigations or actions
taken by the Department in response to a previous
report of abuse or neglect of vulnerable adults, and
the specific recommendation made to the district
attorney and any subsequent action taken by the
district attorney,
c. the dates of any judicial proceedings prior to the
death or near death of the vulnerable adult,
d. recommendations submitted by each participant in
writing at the judicial proceedings including
recommendation made at the hearing as they relate to
appropriate placement of a vulnerable adult, and
e. the rulings of the court.
2. Specific recommendations made and services rendered by the
Department of Human Services Adult Protective Services Division
described in any progress reports of a pending case submitted to the
court may be disclosed by the Department.
D. Any disclosure of information pursuant to this section shall
not identify or provide an identifying description of any
complainant or reporter of vulnerable adult abuse or neglect, and
shall not identify the name of other vulnerable adults in the
household or facility, the person responsible for the care of the
vulnerable adult, or any other member of the facility or household,
other than the person criminally charged.
1. “Near death” means the vulnerable adult is in serious or
critical condition, as certified by a physician, as a result of
abuse or neglect; and
2. "Vulnerable adult" shall be defined as provided in Section
10-103 of Title 43A of the Oklahoma Statutes.
B. When a person responsible for the care of a vulnerable adult
has been charged by information or indictment with committing a
crime resulting in the death or near death of the vulnerable adult,
there shall be a presumption that the best interest of the public is
served by public disclosure of certain information concerning:
1. The circumstances of the investigation of the death or near
death of the vulnerable adult; and
2. Any other investigations concerning that vulnerable adult,
or other vulnerable adults living in the same facility, or involving
an individual provider of services to vulnerable adults, within:
a. three (3) years of the death or near death, and
b. one (1) year after the death or near death.
C. 1. At any time subsequent to seven (7) days of the date the
person providing care to the vulnerable adult has been criminally
charged, the Department of Human Services Adult Protective Services
Division, the district attorney, the district court clerk, and the
judge having jurisdiction over the case, upon request, shall release
certain information to the public as follows:
a. a confirmation shall be provided by the Department as
to whether a report has been made concerning the
alleged victim or other vulnerable adults while living
in the same household or facility and whether an
investigation has begun,
b. confirmation shall be provided by the Department as to
whether previous reports have been made and the dates
thereof, a summary of those previous reports, the
Oklahoma Statutes - Title 43A. Mental Health Page 229
dates and outcome of any investigations or actions
taken by the Department in response to a previous
report of abuse or neglect of vulnerable adults, and
the specific recommendation made to the district
attorney and any subsequent action taken by the
district attorney,
c. the dates of any judicial proceedings prior to the
death or near death of the vulnerable adult,
d. recommendations submitted by each participant in
writing at the judicial proceedings including
recommendation made at the hearing as they relate to
appropriate placement of a vulnerable adult, and
e. the rulings of the court.
2. Specific recommendations made and services rendered by the
Department of Human Services Adult Protective Services Division
described in any progress reports of a pending case submitted to the
court may be disclosed by the Department.
D. Any disclosure of information pursuant to this section shall
not identify or provide an identifying description of any
complainant or reporter of vulnerable adult abuse or neglect, and
shall not identify the name of other vulnerable adults in the
household or facility, the person responsible for the care of the
vulnerable adult, or any other member of the facility or household,
other than the person criminally charged.
Status: in_force · Read it on the official government site
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