SECTION 450:15-7-14. Investigative interviews

  The investigator shall interview or attempt to interview persons known or identified to have information about the maltreatment allegation. If an injury is alleged, the investigator or other appropriate person shall observe and note apparent injuries, and obtain pertinent medical documentation, including photographs. An attorney or other representative of the person being interviewed may attend an interview only as a silent observer with prior permission of the Department.

(1)   The Department shall conduct a separate private interview with each alleged victim when available, available witnesses to the alleged maltreatment, and persons who allegedly were directly or indirectly involved in the allegation, persons with knowledge of relevant information, and each individual accused of the maltreatment. When possible, all other witnesses shall be interviewed prior to interviewing the accused individual(s).

(2)   The investigator shall record interviews. Recordings of interviews remain with the Department's investigative file. Investigative files and recordings are not public documents due to the confidential and privileged information contained in the interviews.

(3)   The investigator shall inform persons interviewed of the investigative process.

(4)   The investigator shall verbally inform each accused individual of the allegation(s). The name of the person making the report of the allegation shall not be disclosed.

(5)   During the interview with an individual accused of maltreatment of a consumer, the investigator shall provide the individual an opportunity to respond to the allegation(s). Following the initial interview, if the investigator obtains information to which the accused individual did not have an opportunity to respond, the investigator shall conduct another interview with the individual. The investigator shall advise the accused individual of the substance of the new information and provide an opportunity to present a response.

(6)   If there is a need to interview a person who is deaf, hard of hearing, or is non-English speaking, the investigator, with the assistance of the Office of Consumer Advocacy, shall arrange oral or sign language interpreter services by an independent and qualified interpreter.

(7)   To schedule an interview with an accused individual, the investigator shall contact the executive director of the facility, or designee, or provider that employs the accused individual. If a reasonable time has passed without being able to schedule an interview, the investigator shall contact the executive director of the facility, or designee, or provider to request the employee be required to participate. If the accused individual refuses to participate in the investigation, the report shall be completed without the accused individual's statement and a finding shall be made based on available information. For other persons needing to be interviewed, the investigator shall follow the same.

(8)   If a person fails to appear for a scheduled interview without good cause, the investigator shall complete the investigative report without interviewing that person. The investigative report shall include an explanation of why the interview was not conducted, including documentation of efforts to interview the person.

[Source: Added at 19 Ok Reg 1363, eff 7-1-02; Amended at 20 Ok Reg 2110, eff 7-1-03; Amended at 22 Ok Reg 2105, eff 7-1-05; Amended at 27 Ok Reg 1005, eff 7-1-10; Amended at 28 Ok Reg 903, eff 7-1-11; Amended at 30 Ok Reg 1404, eff 7-1-13]