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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3317 By: Bashore
AS INTRODUCED
An Act relating to Alzheimer's disease; amending
Section 2, Chapter 123, O.S.L. 2022 (43A O.S. Supp
2023, Section 10-115), which relates to
multidisciplinary team for investigation and
prosecution of elder or vulnerable adult abuse;
adding a requirement for the multidisciplinary team ;
and providing an effective date .
BE IT ENACTED BY THE PEOPLE O F THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 2, Chapter 123, O.S.L.
2022 (43A O.S. Supp 2023, Section 10 -115), is amended to read as
follows:
Section 10-115. A. In coordination with the District Attorneys
Council, each district attorney may develop a multidisciplinary team
for the investigation and prosecution of crimes committed against
the elderly or vulnerable adults in each county of the district
attorney or in a contiguous group of counties. The lead agency for
the team shall be chosen by the members of the team. The team shall
intervene in reports involving sexual abuse, abuse, neglect, or
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exploitation of an elderly person or v ulnerable adult as defined in
Section 10-103 of Title 43A of the Oklahoma Statutes this title.
B. The multidisciplinary elderly and vulnerable adult abuse
team members shall include, but not be limited to:
1. Mental health professionals licensed pursuant to the law s of
this state or licensed professional counselors;
2. Police officers or other law enforcement agents whose duties
include, or who have experience or traini ng in, elder and vulnerable
adult abuse and neglect investigation;
3. Medical personnel with exp erience in elder and vulnerable
adult abuse and neglect identification;
4. Adult Protective Services, Office of Client Advocacy, and
long-term care workers within the Department of Human Services;
5. Multidisciplinary elder and vulnerable adult abuse team
coordinators; and
6. The district attorney or assistant district attorney.
C. 1. Subject to the availability of funds and resources , the
functions of the team shall include, but not be limited to:
a. whenever feasible, joint investigations by law
enforcement and Adult Protective Services, Office of
Client Advocacy, or long-term care staff to
effectively respond to reports of abuse against
elderly or vulnerable adult victims,
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b. the development of a written protocol for
investigation of sexual abuse, abuse, neglect, or
exploitation cases of elderly or vulnerable adults and
for the interview of victims to ensure coordination
and cooperation between all agencies involved. Such
protocol shall include confidentiality statements and
interagency agreements si gned by member agencies that
specify the cooperative effort of the member agen cies
to the team,
c. communication and collaboration among the
professionals responsible for the reporting,
investigation, prosecution, and treatment of elderly
and vulnerable adult abuse and neglect cases,
d. elimination of duplicative efforts in the
investigation and the prosecut ion of abuse and neglect
cases committed against elderl y or vulnerable adult
victims,
e. identification of gaps in service or untapped
resources within the community to improve the delivery
of services to the victim and family,
f. development of expertise through training. Each team
member and those conduct ing investigations and
interviews of elder or vulnerable adult abuse victims
shall be trained in th e multidisciplinary team
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approach, conduction of legally sound developmentally
and age-appropriate interviews, effective
investigation techniques and joint i nvestigations as
provided through the State Department of Health, the
District Attorneys Council, t he Department of Human
Services, or other resources. At least one team
member or those conducting investigati ons and
interviews of elder or vulnerable adult abuse victi ms
shall complete dementia-specific training on
Alzheimer's disease and related dementia that includes
one or more of the following:
(1) communication skills ,
(2) problem-solving with challenging behaviors, or
(3) explanation of Alzheimer 's disease and other
dementia,
g. formalization of a case review process and provi sion
of data as requested, and
h. standardization of investigative procedures for the
handling of elderly and vulnerable adult abuse and
neglect cases.
2. Any investigation or interview related to sexual abuse,
abuse, or neglect of elderly or vulnerable a dults shall be conducted
by appropriate personnel using the prot ocols and procedures
specified in this section.
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3. If trained personnel are not available in a timely manner
and if a law enforcement officer or the Department of Human Services
determines that there is reasonable cause to believe a delay in
investigation or interview of a victim could place the victim's
health or welfare in danger of harm or threatened harm, the
investigation may proceed without full participation of a ll
personnel, but only for as long as the danger to the victim exists.
The Department of Human Services shall make a reasonable effort to
find and provide a trained investigator or interviewe r.
D. A multidisciplinary elder or vulnerable adu lt abuse team
shall have full access to any service or treatment plan and any
personal data known to the Department of Human Services that is
directly related to the implementation of the requirements of this
section.
E. Each member of the team shall protect the confidentiality of
the elderly or vulnerable adult and any information made available
to the team member. The multidisciplinary team and any information
received by the team shall be exempt from the Oklahoma Open Meeting
Act and the Oklahoma Open Records Act.
SECTION 2. This act shall become effective November 1, 2024.
59-2-9090 TJ 12/11/23