SECTION 340:5-3-5. Concurrent jurisdiction with other entities

  Some referrals that are appropriate for Adult Protective Services (APS) intervention also must be sent to other entities.

(1)   Referrals sent to Oklahoma State Department of Health (OSDH). Referrals alleging maltreatment of vulnerable adults are accepted and screened by APS and sent to OSDH, Protective Health Services, Medical Facilities Service, for residents of:

(A)   residential care facilities;

(B)   assisted living facilities; and

(C)   nursing facilities when the referral is self-neglect or maltreatment by a person not employed by the facility.

(2)   Referrals sent to law enforcement. Referrals alleging illegal activity or situations determined too dangerous for an APS response are referred to law enforcement.

(3)   Joint response by APS and law enforcement. Law enforcement assistance is requested for home visits when warranted by safety protocol.

(4)   Referrals involving substance use or abuse and persons with mental illness. Oklahoma law gives the Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS) primary responsibility for the mentally ill and substance use or abuse. ODMHSAS treats mentally ill persons on a voluntary basis. Community mental health centers administered by or under contract to ODMHSAS provide recommended aftercare services to patients who are discharged from state mental hospitals and who voluntarily request and accept mental health services.

(A)   The APS specialist may assist law enforcement, when requested, by providing behavioral assessments necessary to obtain involuntary mental health treatment, such as third party affidavits.

(B)   When the vulnerable adult's primary problem is determined to be mental illness or substance use or abuse dependency, the APS specialist IV or designee must determine if other issues exist within APS jurisdiction. When no other issues exist, the case is assigned as Level 1 and directs the vulnerable adult or reporter to the nearest ODMHSAS contract facility for outpatient service. When the intake process did not allow for the services to be referred, the intake is screened and assigned by the APS Specialist IV or designee as a possible Level 2 when contact can be made with the reporter, client, or other collateral or client by phone or when a face-to-face visit with the client is required.

(C)   When other issues of alleged abuse, neglect, or exploitation exist, the case is assigned in the usual way.

(D)   The APS specialist IV or designee contacts law enforcement to secure emergency detention when the person is a danger to self or others.

[Source: Added at 20 Ok Reg 840, eff 6-1-03; Amended at 27 Ok Reg 990, eff 6-1-10; Amended at 35 Ok Reg 1592, eff 9-17-18]