{"data":{"id":"us-ok/okla.-stat.-tit.-43a-43a-10-105","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43A, § 43A-10-105","heading":"Investigation of report","body":"A. Upon receiving a report of alleged abuse, neglect, or\n\nexploitation of a vulnerable adult pursuant to the provisions of the\n\nProtective Services for Vulnerable Adults Act, the appropriate state\n\nentity shall make a prompt and thorough investigation. When\n\nfeasible, law enforcement and the appropriate state entity shall\n\nconduct joint investigations in order to reduce potential trauma to\n\nthe victim and to eliminate duplicative efforts.\n\nB. The investigation shall include:\n\n1. Notification of local law enforcement agency. Upon the\n\nrequest of a law enforcement agency, the appropriate state entity\n\nshall submit copies of any results or records of an examination on\n\nthe vulnerable adult who is alleged to have been abused, neglected,\n\nor exploited and any other clinical notes, x-rays, photographs, or\n\nprevious or current records relevant to the case;\n\n2. Any findings of abuse, neglect, or exploitation of a\n\nvulnerable adult shall also be sent to any state agency with\n\nconcurrent jurisdiction over persons or issues identified in the\n\ninvestigation including, but not limited to, where appropriate, the\n\nState Department of Health, the Oklahoma Board of Nursing, or any\n\nother appropriate state licensure or certification board, agency, or\n\nregistry;\n\n3. Every reasonable effort to locate and notify the caretaker,\n\nlegal guardian and next of kin of the vulnerable adult who may be in\n\nneed of protective services pursuant to Section 10-105.1 of this\n\ntitle;\n\n4. Diagnostic evaluation to determine whether the person needs\n\nprotective services;\n\n5. Any photographs necessary to document injuries or conditions\n\nwhich have resulted or may result in an injury or serious harm to\n\nthe person;\n\n6. A statement of the least restrictive services needed;\n\n7. Whether services are available from the Department of Human\n\nServices or in the community and how the services can be provided;\n\n8. Whether the person would be capable of obtaining services\n\nfor self and could bear the cost or would be eligible for services\n\nfrom the Department of Human Services;\n\n9. Whether a caretaker or legal guardian would be willing to\n\nprovide services or would agree to their provision;\n\n10. Whether the person desires the services;\n\n11. A statement of any follow-up investigation or monitoring of\n\nthe services that may be needed; and\n\n12. Other relevant information.\n\nC. 1. a. Investigations conducted pursuant to this section\n\nshall include a visit to the home or other place of\n\nresidence of the person who is the subject of the\n\nreport, a private interview with such person and any\n\nother potential victims, and consultation with persons\n\nwho have knowledge of or may be witnesses to the\n\ncircumstances.\n\nb. Investigators shall be suitably trained in interview\n\ntechniques and shall utilize such techniques in\n\ninterviews with elderly and incapacitated adults and\n\nindividuals with intellectual disabilities.\n\nInterviews shall be conducted at the appropriate\n\ndevelopmental age level of the victim. A reasonable\n\neffort shall be made to conduct interviews of\n\nvulnerable adult victims with an intellectual\n\ndisability or diminished capacity utilizing\n\nappropriate personnel and following protocols and\n\nprocedures established for interviews with such\n\npersons, including the use of forensic interview\n\ntechniques when appropriate.\n\nc. If, in the course of an investigation of this nature,\n\nthe appropriate state entity is denied entrance to the\n\nhome or other place of residence of a person believed\n\nto be a vulnerable adult in need of protective\n\nservices, or is denied a private interview with the\n\nvulnerable adult, the appropriate state entity may\n\npetition the court for an order allowing entry to the\n\npremises or private access to the vulnerable adult.\n\nThe court shall make a finding of probable cause of\n\nthe vulnerability of the adult before issuing the\ne of residence of a person believed\n\nto be a vulnerable adult in need of protective\n\nservices, or is denied a private interview with the\n\nvulnerable adult, the appropriate state entity may\n\npetition the court for an order allowing entry to the\n\npremises or private access to the vulnerable adult.\n\nThe court shall make a finding of probable cause of\n\nthe vulnerability of the adult before issuing the\n\norder. If documentation, or access to records, or\n\nother information relating to such person as provided\n\nby this section is denied, the appropriate state\n\nentity may petition the court for an order allowing\n\nentry or access.\n\n2. The petition shall state the name and address of the person\n\nwho is the subject of the report and shall allege specific facts\n\nsufficient to show that the circumstances of the person are in need\n\nof investigation.\n\n3. If it is necessary to forcibly enter the premises, the\n\nrepresentative of the appropriate state entity shall make the entry\n\naccompanied by a peace officer.\n\n4. The appropriate state entity shall make all reasonable\n\nattempts to interview the caretaker or other persons alleged to be\n\ninvolved in the abuse, neglect or exploitation in order to enhance\n\nservice provision and to prevent additional incidents of abuse,\n\nneglect or exploitation.\n\nD. When a report is received pertaining to a vulnerable adult\n\nwho has a legal guardian, a copy of the investigative report of the\n\nappropriate state entity shall be filed with the court to which the\n\nguardian is accountable.\n\nE. 1. In the case of a final investigative report pertaining\n\nto a vulnerable adult who is a resident of a nursing facility,\n\nresidential care facility, assisted living facility or continuum of\n\ncare facility and who is alleged to be a victim of abuse, verbal\n\nabuse, neglect, or exploitation by an employee of such facility, the\n\nappropriate state entity, if other than the Office of Client\n\nAdvocacy, shall forward to the State Department of Health a copy of\n\nthe final investigative report.\n\n2. The appropriate state entity shall be deemed a party\n\npursuant to the Administrative Procedures Act for the investigative\n\nreports filed by such entity with the State Department of Health\n\nregarding vulnerable adults who are residents of nursing facilities,\n\nresidential care facilities, assisted living facilities or continuum\n\nof care facilities.\n\na. Within thirty (30) days of receipt of the final\n\ninvestigative report submitted by the appropriate\n\nstate entity pursuant to this section, the State\n\nDepartment of Health shall provide the appropriate\n\nstate entity with a written summary of any action\n\ntaken as a result of the complaint including, but not\n\nlimited to, results of any inspections, enforcement\n\nactions or actions which may be taken by the State\n\nDepartment of Health.\n\nb. Whenever the appropriate state entity believes that\n\nthe conditions giving rise to a complaint by such\n\nentity alleging a serious threat to the health, safety\n\nor welfare of a resident of a nursing facility,\n\nresidential care facility, assisted living facility or\n\ncontinuum of care facility have not been adequately\n\naddressed, such entity may request the State\n\nDepartment of Health to hold a hearing on the\n\ncomplaint as provided by Section 309 of Title 75 of\n\nthe Oklahoma Statutes.\n\n3. Nothing herein shall prevent the State Department of Health\n\nfrom conducting any type of investigation or taking any appropriate\n\nremedial or other action pursuant to the provisions of the Nursing\n\nHome Care Act, the Residential Care Act and the Continuum of Care\n\nand Assisted Living Act.\n\nF. When a report is received pertaining to a vulnerable adult\n\nresiding in a facility other than the home of the vulnerable adult,\n\nwhere persons are employed to provide care and those employees have\n\nbeen named as persons responsible for the abuse, neglect or\n\nexploitation, the appropriate state entity shall forward its final\nsidential Care Act and the Continuum of Care\n\nand Assisted Living Act.\n\nF. When a report is received pertaining to a vulnerable adult\n\nresiding in a facility other than the home of the vulnerable adult,\n\nwhere persons are employed to provide care and those employees have\n\nbeen named as persons responsible for the abuse, neglect or\n\nexploitation, the appropriate state entity shall forward its final\n\nfindings, including, but not limited to, any administrative appeal\n\nfindings to the owner or administrator of the facility to prevent\n\nfurther incidents.\n\nG. The Office of Client Advocacy shall establish a system for\n\ninvestigating allegations of misconduct by a person responsible for\n\na vulnerable adult not rising to the level of abuse, neglect, or\n\nexploitation in cases where the Office is the appropriate state\n\nentity as defined in Section 10-103 of this title.","path":["OK Code","Title 43A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os43A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"9646348a59b77e06090b764d91ac95e01915139b69dcffc78f3df46d6c891f5c","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43a-43a-10-104v2","next":"us-ok/okla.-stat.-tit.-43a-43a-10-105.1"},"notice":"GroundRules: Original legal text. Not legal advice."}