{"data":{"id":"us-ok/okla.-stat.-tit.-43a-43a-10-105.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43A, § 43A-10-105.1","heading":"Notice of investigation – Consent of vulnerable","body":"adult - Summary and written description – Explanation of procedures.\n\nA. As soon as possible after initiating an investigation of a\n\nreferral regarding a vulnerable adult, the appropriate state entity\n\nshall provide to the caretaker of the alleged victim, the legal\n\nguardian, and next of kin of the vulnerable adult notification\n\nincluding a brief oral summary and easily understood written\n\ndescription of the investigation process, whether or not the\n\ncaretaker, guardian or next of kin is alleged to be the perpetrator\n\nof the abuse, neglect or exploitation of the vulnerable adult.\n\nB. If the vulnerable adult retains capacity to consent to\n\nvoluntary services, and does not wish for a caretaker or next of kin\n\nto receive notification of the investigation, the appropriate state\n\nentity shall abide by wishes of the vulnerable adult.\n\nC. The notification specified by subsection A of this section\n\nshall include:\n\n1. A statement that the investigation is being undertaken by\n\nthe appropriate state entity pursuant to the requirements of the\n\nProtective Services for Vulnerable Adults Act in response to a\n\nreport of abuse, neglect or exploitation and shall include the name\n\nand office telephone number of the appropriate state entity’s\n\nrepresentative with primary responsibility for the investigation;\n\n2. A statement that the identity of the person who reported the\n\nincident of abuse is confidential and may not even be known to the\n\nDepartment since the report could have been made anonymously;\n\n3. A statement that the investigation is required by law to be\n\nconducted in order to enable the appropriate state entity to\n\nidentify incidents of abuse, neglect or exploitation in order to\n\nprovide protective or preventive social services to vulnerable\n\nadults who are in need of such services;\n\n4. An explanation of the procedures of the appropriate state\n\nentity for conducting an investigation of alleged abuse, neglect or\n\nexploitation, including:\n\na. a statement that the alleged victim of abuse, neglect\n\nor exploitation is the appropriate state entity’s\n\nprimary client in such an investigation,\n\nb. a statement that findings of all investigations are\n\nprovided to the office of the district attorney, and\n\nc. a statement that law enforcement may conduct a\n\nseparate investigation to determine whether a criminal\n\nviolation occurred;\n\n5. An explanation of services which may be provided as a result\n\nof the appropriate state entity’s investigation, including:\n\na. a statement that the caretaker, legal guardian and\n\nnext of kin will be involved in the process of\n\ndeveloping a plan of services for the vulnerable adult\n\ninsofar as that involvement is consistent with the\n\nbest interests of the vulnerable adult,\n\nb. a statement that voluntary services may be provided or\n\narranged for based on the adult client’s needs,\n\ndesires and acceptance, and\n\nc. a statement that involuntary services may be provided\n\nthrough the judicial system when immediate services\n\nare needed to preserve the life of the vulnerable\n\nadult and physical health or preserve the resources of\n\nthe vulnerable adult which may later be needed to\n\nprovide care for the vulnerable adult;\n\n6. A statement that, upon completion of the investigation, the\n\nidentified caretaker, legal guardian and next of kin will receive a\n\nletter from the appropriate state entity which will inform such\n\ncaretaker, legal guardian and next of kin:\n\na. that the Department has found insufficient evidence of\n\nabuse, neglect or exploitation,\n\nb. that there appears to be probable cause to suspect the\n\nexistence of abuse, neglect or exploitation in the\n\njudgment of the Department, and\n\nc. the recommendations of the appropriate state entity\n\nconcerning the vulnerable adult;\n\n7. The procedures concerning the process the caretaker, legal\n\nguardian and next of kin may use to acquire access to the vulnerable\n\nadult in the event the vulnerable adult is removed from the\ne probable cause to suspect the\n\nexistence of abuse, neglect or exploitation in the\n\njudgment of the Department, and\n\nc. the recommendations of the appropriate state entity\n\nconcerning the vulnerable adult;\n\n7. The procedures concerning the process the caretaker, legal\n\nguardian and next of kin may use to acquire access to the vulnerable\n\nadult in the event the vulnerable adult is removed from the\n\nresidence of the vulnerable adult and the circumstances under which\n\naccess may be obtained;\n\n8. The procedures to follow if there is a complaint regarding\n\nthe actions of the appropriate state entity and the procedures to\n\nrequest a review of the findings made by the appropriate state\n\nentity during or at the conclusion of the investigation;\n\n9. Information specifying that if the caretaker, legal guardian\n\nand next of kin of the vulnerable adult have any questions as to\n\ntheir legal rights, that such persons have a right to seek legal\n\ncounsel;\n\n10. References to the statutory and regulatory provisions\n\ngoverning abuse, neglect or exploitation and how the caretaker,\n\nlegal guardian and next of kin may obtain copies of those\n\nprovisions; and\n\n11. An explanation that the caretaker, legal guardian and next\n\nof kin may review specific information gathered during the\n\ninvestigation and pertaining to the service needs of the vulnerable\n\nadult subject to the requirements and exceptions provided in Section\n\n10-110 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":"bd1b9b7e401ff6fb98addd038692948c85fc56cc7fa82da4ad6f5b309ce3e44a","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43a-43a-10-105","next":"us-ok/okla.-stat.-tit.-43a-43a-10-106"},"notice":"GroundRules: Original legal text. Not legal advice."}