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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
ENGROSSED SENATE
BILL NO. 949 By: Rosino of the Senate
and
Roe of the House
An Act relating to the Office of Client Advocacy;
amending 10A O.S. 2021, Section 1-6-103, which
relates to the Oklahoma Children ’s Code; authorizing
the Office to inspect certain records; amending 10A
O.S. 2021, Section 1 -9-112, as amended by Section 4,
Chapter 339, O.S.L. 2024 (10A O.S. Supp. 2024,
Section 1-9-112), which relates to the Office of
Client Advocacy; specifying certain duty of the
Advocate General; amending 30 O.S. 2021, Section 1 -
122, which relates to guardian and ward; authorizing
disclosure of certain information to the State
Department of Health; amen ding 43A O.S. 2021, Section
10-103, which relates to definitions used in the
Protective Services for Vulnerable Adults Act; adding
and modifying definitions; amending 43A O.S. 2021,
Section 10-104, as amended by Section 31, Chapter
475, O.S.L. 2019, which relates to reports of abuse,
neglect, or exploitation ; requiring certain
referrals; amending 43A O.S. 202 1, Sections 10-105,
10-105.1, 10-106, 10-108, 10-110, and 10-111, which
relate to protective services for vulnerable adults;
updating statutory languag e; clarifying applicability
of provisions relating to investigations; directing
the Office to establish certain system; amending 56
O.S. 2021, Section 1025.3, which relates to the
community services worker registry; transferring
certain duties to the Offic e of Client Advocacy;
requiring the Office to promptly report investigative
findings to the Department of Human Services;
amending 63 O.S. 2021, Section 1 -106, as amended by
Section 1, Chapter 85, O.S.L. 2022 (63 O.S. Supp.
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2024, Section 1-106), which relates to the State
Commissioner of Health; broadening certain power and
duty; updating statutory language; updating statutory
references; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 1 -6-103, is
amended to read as follows:
Section 1-6-103. A. Juvenile court records and Department of
Human Services agency records pertaining to a child may be
inspected, and their contents shall be disclosed, without a court
order to the following persons upon showing of proper credentials
and pursuant to their lawful duties:
1. The court having the child currently before it in any
proceeding pursuant to this title, any district court or tribal
court to which such pr oceedings may be transferred, employees and
officers of the court in the performance of their duties, inc luding
but not limited to guardians ad litem appointed by the court, and
court-appointed special advocates;
2. A district attorney, United States Atto rney, or Attorney
General of this or another state and the employees of such offices
in the course of their official duties pursuant to this title or the
prosecution of crimes against children, or upon their request in
their official capacity as advisor in a grand jury proceeding;
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3. The attorney representing a child who is the subject of a
proceeding pursuant to the provisions of this title or other
proceeding where child custody or visitation is at issue;
4. Employees of juvenile bureaus in the course o f their
official duties pursuant to this title, and employees of the
Department of Human Services in the course of their official duties;
5. Employees of a law enforcement agency of this or another
state or military enclave and employees of a child protec tive
service of another state or military enclave in the course of their
official duties pertaining to in vestigations of a report of known or
suspected child abuse or neglect or crimes against children or for
the purpose of determining whether to place a c hild in protective
custody;
6. The Oklahoma Commission on Children and Youth as provided by
Sections 601.2 and 601.6 of Title 10 of the Oklahoma Statutes;
7. The Office of Juvenile Affairs;
8. A federally recognized Indian tribe in which the child who
is the subject of the record is a member or is eligible to become a
member of the tribe and is the biologi cal child of a member of an
Indian tribe pursuant to the provisions of the Federal Indian Child
Welfare Act and the Oklahoma Indian Child Welfare Act; provided such
Indian tribe, in the course of its official duties, is:
a. investigating a report of known or suspected child
abuse or neglect or crimes against children or for the
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purpose of determining whether to place a child in
protective custody,
b. providing services to or for the benefit of a child
including, but not limited to, protective, emergency,
social and medical services, or
c. the tribe, the tribal court or the tribal child
welfare program has asserted jurisdiction or
intervened in any case in which the child is the
subject of the proceedings or is a party to the
proceedings pursuant to the authority provided in the
Oklahoma Indian Child Welfare Act.
The records that are to be provided to Indian tribes under this
subsection shall include all ca se records, reports, and documents as
defined in Section 1 -6-101 of this title;
9. The Governor or to an y person the Governor designates, in
writing;
10. Any federal official of the United States Department of
Health and Human Services;
11. Any member of the Legislature approved in writing by the
Speaker of the House of Representatives or the President Pro Tempore
of the Senate;
12. A foster parent, with regard to records concerning the
social, medical, psychological, or educational needs of a child
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currently placed with that foster parent or of a child being
considered for placement with that foster paren t;
13. An employee of any state or federal corrections or law
enforcement agency in the performance of the official duties of the
employee concerning presentence investigations or supervision of a
parent of an alleged or adjudicated deprived child, or the legal
guardian, custodian, or any other adult member of the child ’s home
who is responsible for the health, safety, or welfare of the child;
14. An employee of a state agency of this or another state in
the performance of the official duties of the emplo yee concerning
the establishment of paternity or the establishment or enforcement
of a child support order or other entitlement for the benefit of a
child; provided, disclosure shall be limited to information directly
related to the purpose of such disclosure;
15. Any member of a city -county Health Department Fetal Infant
Mortality Review (FIMR) in the performance of the official duties of
the member concerning investigations of fetal and infant
mortalities; provided, disclosure shall be limited to informa tion
directly related to the purpose of such disclosure;
16. Any designated federal authorities at the federal military
installation where a service m ember is assigned, when the child is a
member of an active duty military family, as provided by paragraph 4
of subsection A of Section 1 -2-102 of this title; and
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17. Any member of the Child Welfare Review Committee for the
Death and Near Death of Children With Disabilities as established by
Section 1-10-103 of this title; and
18. The Office of Client Advoca cy within the State Department
of Health.
B. In addition to the persons listed in subsection A of this
section, juvenile court records may be inspecte d, and their contents
shall be disclosed, without a court order to the following persons
upon showing of proper credentials and pursuant to their lawful
duties:
1. Employees of court -appointed special advocate programs, as
defined in Section 1 -1-105 of this title, in the course of their
official duties pertaining to recruiting, screening, training,
assigning cases, supervising, and supporting volunteers in their
roles as guardian ad litem pursuant to Section 1 -4-306 of this
title;
2. Members of postadjudi cation review boards established
pursuant to the provisions of Section 1116.2 of Title 10 of the
Oklahoma Statutes, the Child Death Review Board, and
multidisciplinary personnel. In addition to juvenile court records,
members of such postadjudication revi ew boards may inspect, without
a court order, information that includes, but is not limited to:
a. psychological and medical records,
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b. placement history and information, including the names
and addresses of foster parents,
c. family assessments,
d. treatment or service plans, and
e. school records;
3. The Department of Human Services or other public or private
agency or individual having court -ordered custody or physical
custody pursuant to Department placement of the child, or conducting
a child abuse or neglect investigation of the child who is the
subject of the record. In addition to juvenile court rec ords,
employees of the Department may inspect, without a court order and
upon a showing of proper credentials and pursuant to their lawful
duties, information that includes, but is not limited to:
a. psychological and medical records, and
b. nondirectory education records;
4. The child who is the subject of the record and the parents,
legal guardian, custodian, or foster parent of such child; and
5. A person authorized by the court to conduct bona fide
research, provided such research may not publish the names or
identities of parents, children, or other persons contained in the
records.
C. In addition to the persons and entities named in subsection
A of this section, Department of Human Services agency records may
be inspected, and their contents shall be disclosed, without a court
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order to the following persons upon showing of proper credentials
and pursuant to their lawful duties:
1. Postadjudicatory review boards, court -appointed special
advocates, and members of the Child Death Review Board;
2. Any district court which has ordered a home study by the
Department in an action for divorce, annulment, custody of a child,
or appointment of a legal guar dian of a child, or any subsequent
proceeding in such actions; provided, however, the Department may
limit disclosure in the home study to summaries or to information
directly related to the purpose of the disclosure;
3. Members of multidisciplinary teams or multidisciplinary
personnel designated by the Department, investigating a report of
known or suspected child abuse or neglect or providing services to a
child or family which is the subject of the report;
4. A physician who has before him or her a chi ld whom the
physician reasonably suspects may be abused or neglected or any
health care or mental health professionals involved in the
evaluation or treatment of the child or the parents, legal guardian,
foster parent, custodian, or other family members of the child;
5. Any public or private agency or person authorized by the
Department to diagnose, or provi de care, treatment, supervision, or
other services to a child who is the subject of a report or record
of child abuse or neglect; provided, the Departm ent may limit such
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disclosure to summaries or to information directly necessary for the
purpose of such disclosure;
6. Any person or agency for research purposes, if all of the
following conditions are met:
a. the person or agency conducting the research is
employed by the State of Oklahoma or is under contract
with this state and is authorized by the Depart ment to
conduct the research, and
b. the person or agency conducting the research ensures
that all documents containing identifying information
are maintained in secure locations and access to the
documents by unauthorized persons is prohibited; that
no identifying information is included in documents
generated from the research conducted; and that all
identifying information is deleted from documents us ed
in the research when the research is completed;
7. The Oklahoma Health Care Authority; and
8. A medical examiner when such person is determining the cause
of death of a child.
D. In accordance with the rules promulgated for such purpose
pursuant to Section 620.6 of Title 10 of the Oklahoma Statutes,
records listed in subsection A of Section 1 -6-102 of this title may
be inspected and their contents disclosed without a court order to
participating agencies.
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E. The court may disclose to an employee of a n out-of-state
entity, licensed to perform adoption home studies in that state,
whether the prospective a doptive parent has had parental rights to a
child terminated in Oklahoma or whether the prospective adoptive
parent has relinquished parental rights to a child in Oklahoma.
F. Nothing in this section shall be construed as prohibiting
the Department from disclosing such confidential information as may
be necessary to secure appropriate care, treatment, protection or
supervision of a child alleged to be a bused or neglected.
SECTION 2. AMENDATORY 10A O.S. 2021, Section 1 -9-112, as
amended by Section 4, Chapter 339, O.S.L. 2024 (10A O.S. Supp. 2024,
Section 1-9-112), is amended to read as follows:
Section 1-9-112. A. 1. The State Commissioner of Health shall
establish the Office of Client Advocacy within the State Department
of Health and shall employ personnel necessary to carry out the
provisions of this section.
2. The head of the Office of Client Advocacy shall be the
Advocate General. The duties and responsibilities of the Advocate
General are to:
a. supervise personnel assign ed to the Office of Client
Advocacy,
b. monitor and review grievance procedures and hearings,
c. establish and maintain a fair, simple, and expeditious
system for resolution of grievances of:
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(1) all children in the custody of the Department of
Human Services regarding:
(a) the substance or application of any written
or unwritten policy or rule of the
Department or agent of the Department, or
(b) any decision or action by an employee or
agent of the Department, or of any child in
the custody of the Departme nt,
(2) foster parents relating to the provision of
foster care services pursuant to this section and
Section 1-9-117 of this title, and
(3) all persons receiving services from the
Developmental Disabilities Services Division of
the Department of Human Services,
d. investigate allegations of abuse, neglect, sexual
abuse, and sexual exploitation, as those terms are
defined in the Oklahoma Children ’s Code, by a person
responsible for a child, regardless of custody:
(1) residing outside his or her own home oth er than
children in foster care or children in the
custody of the Office of Juvenile Affairs and
placed in an Office of Juvenile Affairs secure
facility,
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(2) in a day treatment program as defined in Section
175.20 of Title 10 of the Oklahoma Statutes, and
submit a report of the results of the
investigation to the appropriate district
attorney and to the State Department of Health,
(3) receiving services from a community services
worker as that term is defined in Section 1025.1
of Title 56 of the Oklahoma St atutes, and
(4) residing in a state institution listed in Section
1406 of Title 10 of the Oklahoma Statutes,
e. establish a system for investigating al legations of
misconduct, by a person responsible for a child, not
rising to the level of abuse, neglect, sexual abuse,
or sexual exploitation with regard to any child or
resident listed in subparagraph d of this paragraph,
f. coordinate any hearings or mee tings of departmental
administrative review committees conducted as a result
of unresolved grievances or as a result of
investigations,
g. make recommendations to the State Commissioner of
Health, who shall then make recommendations to the
Director of Human Services, and provide regular or
special reports regarding grievance procedures,
hearings and investigations to the Director, the
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Commissioner, the Office of Juvenile System Oversight,
and other appropriate persons as necessary,
h. forward to the Office of Juvenile System Oversight,
for the information of the Director of that office, a
copy of the final rep ort of any grievance which is not
resolved in the favor of the complainant,
i. perform the duties imposed on the Office of Client
Advocacy under the Pr otective Services for Vulnerable
Adults Act when the Office is the appropriate state
entity as defined in Section 10 -103 of Title 43A of
the Oklahoma Statutes ,
j. perform such other duties as required by the State
Commissioner of Health, and
j. k. develop policies and procedures as necessary to
implement the duties and responsibilities assigned to
the Office of Client Advocacy.
B. The Office of Client Advocacy shall make a complete written
report of its investigations. The investigation report, together
with its recommendations, shall be submitted to the appropriate
district attorney’s office.
C. 1. Except as otherwise provided by the Oklahoma Children ’s
Code, the reports required by Section 1 -2-101 of this title or any
other information acquired pursuan t to the Oklahoma Children ’s Code
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shall be confidential and may be disclosed only as provided in
Section 1-2-108 of this title and the Oklahoma Children ’s Code.
2. Except as otherwise provided by the Oklahoma Children ’s
Code, any violation of the confiden tiality requirements of the
Oklahoma Children’s Code shall, upon conviction, be a misdemeanor
punishable by up to six (6) months in jail, by a fine of Five
Hundred Dollars ($500.00), or by both such fine and imprisonment.
3. Any records or information dis closed as provided by this
subsection shall remain confidential. The use of any information
shall be limited to the purpose for which disclosure is authorized.
Rules promulgated by the State Commissioner of Health shall provide
for disclosure of relevant information concerning Office of Client
Advocacy investigations to persons or entities acting in an official
capacity with regard to the subject of the investigation.
4. Nothing in this section shall be construed as prohibiting
the Office of Client Advoc acy or the Department of Human Services
from disclosing such confidential information as may be necessary to
secure appropriate care, treatment, or protection of a child alleged
to be abused or neglected.
D. 1. The Office of Client Advocacy shall investi gate any
complaint received by the Office of Juvenile System Oversight
alleging that an employee of the Department of Human Services or a
child-placing agency has threatened a foster parent with removal of
a child from the foster parent, harassed a foster parent, or refused
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to place a child in a licensed or certified foster home, or
disrupted a child placemen t as retaliation or discrimination towards
a foster parent who has:
a. filed a grievance pursuant to Section 1 -9-120 of this
title,
b. provided information to any state official or
Department of Human Services employee, or
c. testified, assisted, or otherwise participated in an
investigation, proceeding, or hearing against the
Department of Human Services or child -placing agency.
2. The provisions of th is subsection shall not apply to any
complaint by a foster parent regarding the result of a criminal,
administrative, or civil proceeding for a violation of any law,
rule, or contract provision by that foster parent, or the action
taken by the Department o f Human Services or a child -placement
agency in conformity with the result of any such proceeding.
3. The Office of Client Advocacy shall at all times be granted
access to any foster home or any child -placing agency which is
certified, authorized, or fund ed by the Department of Human
Services.
SECTION 3. AMENDATORY 30 O.S. 2021, Sec tion 1-122, is
amended to read as follows:
Section 1-122. A. Confidential information filed with or
submitted to the court in conjunction with any pr oceeding pursuant
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to the Oklahoma Guardianship and Conservatorship Act, shall not
constitute a public record and shall be sealed by the court. Access
to confidential information shall be strictly controlled. Except
upon court order, no confidential infor mation shall be disclosed to
persons other than:
1. The subject of the proceeding and the subject ’s attorney;
2. The guardian ad litem;
3. If the subject of the confidential information is a ward,
the guardian or conservator of such ward;
4. If the subject of the confidential information is the
guardian or conservator, the ward and the subject ’s attorney, and
the attorney of such guardian or conservator;
5. Abstractors licensed pursuant to the Oklahoma Abstractors
Law, for the purpose of having access to records regarding minors
and determinations of persons as incapacitated or partially
incapacitated persons pursuant to the Oklahoma Guardianship Act.
Abstractors shall maintain the confidentiality of this data, except
for such parts as are relevant to the land title being researched;
6. An authorized representative of the United States Department
of Veterans Affairs upon presentation of proper identification; and
7. An authorized representative of the Department of Human
Services upon presentation of proper identification ; and
8. An authorized representative of the State Department of
Health including, but not limited to, an authorized representative
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of the Office of Client Advocacy, upon presentation of proper
identification.
B. The fact of the exis tence of a guardianship or
conservatorship of a person or that person ’s estate shall not be
considered confidential information.
SECTION 4. AMENDATORY 43A O.S. 2021, Section 10 -103, is
amended to read as follows:
Section 10-103. A. When used in the Protective Services for
Vulnerable Adults Act:
1. “Protective services” means services which are necessary to
aid a vulnerable adult in meeting the essential requirements for
mental or physical health and safety that the vulnerable ad ult is
unable to provide or obtain without assistance. The term
“protective services” includes but is not limited to services
provided to or obtained for such person in order to prevent or
remedy the abuse, neglect, or exploitation of such person;
2. “Services which are necessary to aid an individual to meet
essential requirements for mental or physical hea lth and safety”
include, but shall not be limited to:
a. the identification of vulnerable adults in need of the
services,
b. the provision of medical c are for physical and mental
health needs,
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c. the provision of social services assistance in
personal hygiene, food, clothing, and adequately
heated and ventilated shelter,
d. protection from health and safety hazards,
e. protection from physical mistreatme nt,
f. guardianship referral,
g. outreach programs, and
h. the transportation necessary to secure any of such
services.
The term shall not include taking the person into physical custody
without the consent of the person except as provided for in Sections
10-107 and 10-108 of this title, and the evaluation, monitoring, and
provision of protective placements;
3. “Meet essential requirements for mental or physical health
and safety” means those actions necessary to provide the health
care, food, shelter, clo thing, personal hygiene and other care
without which physical injury or illness to the vulnerable adult i s
likely to occur;
4. “Incapacitated person ” means:
a. any person eighteen (18) years of age or older:
(1) who is impaired by reason of mental or phys ical
illness or disability, dementia or related
disease, developmental or intellectual disability
or other cause, and
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(2) whose ability to receive and evaluate information
effectively or to make and to communicate
responsible decisions is impaired to such an
extent that such person lacks the capacity to
manage his or her financial resources or to meet
essential requirements for his or her mental or
physical health or safety without assistance from
others, or
b. a person for whom a guardian, limited guardian , or
conservator has been appointed pursuant to the
Oklahoma Guardianship and Conservatorship Act;
5. “Vulnerable adult” means an individual who is an
incapacitated person or who, because of physical or mental
disability, including persons with Alzheimer ’s disease or other
dementias, incapacity, or other disability, is substantially
impaired in the ability t o provide adequately for the care or
custody of himself or herself, or is unable to manage his or her
property and financial affairs effectively, or to meet essential
requirements for mental or physical health or safety, or to protect
himself or herself from abuse, verbal abuse, neglect, or
exploitation without assistance from others;
6. “Caretaker” means a person who has:
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a. the responsibility for the care of a vulnerable adult
or the financial management of the resources of a
vulnerable adult as a result of a family relationship,
b. assumed the responsibility for the care of a
vulnerable adult voluntarily, by contract, or as a
result of the ties of fri endship, or
c. been appointed a guardian, limited guardian, or
conservator pursuant to the Oklahoma Guardianship and
Conservatorship Act;
7. “Department” means, unless the context clearly indicates
otherwise, the Department of Human Services;
8. “Abuse” means causing or permitting:
a. the infliction of physical pain, injury, sexual abuse,
sexual exploitation, unreasonable restraint or
confinement, mental anguish or personal degradation,
or
b. the deprivation of nutrition, clothing, shelter,
health care, or other care or services without which
serious physical or mental injury is likely to occur
to a vulnerable adult by a caretaker or other person
providing services to a vulnerable adult;
9. “Exploitation” or “exploit” means an unjust or improper use
of the resources of a vulnerable adult for the profit or advantage,
pecuniary or otherwise, of a person other than the vulnerable adult
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through the use of undue influence, coercion, harassment, duress,
deception, false representation or false pretense;
10. “Financial neglect” means repeated instances by a
caretaker, or other person, who has assumed the role of financial
management, of failure to use the resources available to restore or
maintain the health and physical well -being of a vulnerable adult,
including, but not limited to:
a. squandering or negligently mismanaging the money,
property, or accounts of a vu lnerable adult,
b. refusing to pay for necessities or utilities in a
timely manner, or
c. providing substandard care to a vulnerable adult
despite the availability of adequate financial
resources;
11. “Neglect” means:
a. the failure to provide protection for a vulnerable
adult who is unable to protect his or her own
interest,
b. the failure to provide a vulnerable adult with
adequate shelter, nutrition, health care, or clothing,
or
c. negligent acts or omissions that result in harm or the
unreasonable risk of harm to a vulnerable adult
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through the action, inaction, or lack of supervision
by a caretaker providing direct services;
12. “Personal degradation” means a willful act by a caretaker
intended to shame, degrade, humiliate or otherwise harm the personal
dignity of a vulnerable adult, or where the caretaker knew or
reasonably should have known the act would cause shame, degradation,
humiliation or harm to the personal dignity of a reasonable person.
Personal degradation includes the taking, transmitting , or display
of an electronic image of a vulnerable adult by a caretaker, where
the caretaker’s actions constitute a willful act intended to shame,
degrade, humiliate or otherwise harm the personal dignity of the
dependent adult, or where the caretaker knew or reasonably should
have known the act would cause shame, degradation, humiliation or
harm to the personal dignity of a reasonable person. Personal
degradation does not include:
a. the taking, transmission or display of an electronic
image of a vulnerable adult for the purpose of
reporting vulnerable adult abuse to law enforcement,
the Department of Human Services or other regulatory
agency that oversees caretakers or enforces abuse or
neglect laws or rules,
b. the taking, transmission or display of an electronic
image of a vulnerable adult for the purpose of
treatment or diagnosis, or
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c. the taking, transmission or display of an electronic
image of a vulnerable adult as part of an ongoing
investigation;
13. “Sexual abuse” means:
a. oral, anal, or vagin al penetration of a vulnerable
adult by or through the union with the sexual organ of
a caretaker or other person providing services to the
vulnerable adult, or the anal or vaginal penetration
of a vulnerable adult by a caretaker or other person
providing services to the vulnerable adult with any
other object, or
b. for the purpose of sexual gratification, the touching,
feeling or observation of the body or private parts of
a vulnerable adult by a caretaker or other person
providing services to the vulnerab le adult, or
c. indecent exposure by a caretaker or other person
providing services to the vulnerable adult;
14. “Indecent exposure” means forcing or requiring a vulnerable
adult to:
a. look upon the body or private parts of another person
or upon sexual acts performed in the presence of the
vulnerable adult, or
b. touch or feel the body or private parts of another;
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15. “Self-neglect” means the action or inaction of a vulnerable
adult which causes that person to fail to meet the essential
requirements for physical or mental health and safety due to the
vulnerable adult’s lack of awareness, incompetence or incapacity;
16. “Sexual exploitation” includes, but is not limited to, a
caretaker’s causing, allowing, permitting or encouraging a
vulnerable adult to engage in prostitution or in the lewd, obscene,
or pornographic photographing, filming or depiction of the
vulnerable adult as those acts are defined b y state law; and
17. “Verbal abuse” means the use of words, sounds, or other
communication including, bu t not limited to, gestures, actions or
behaviors, by a caretaker or other person providing services to a
vulnerable adult that are likely to cause a re asonable person to
experience humiliation, intimidation, fear, shame or degradation ;
and
18. “Appropriate state entity ” means:
a. the Office of Client Advocacy within the State
Department of Health, if the allegation concerns a
vulnerable adult who is:
(1) a certified member of the plaintiff class in
Homeward Bound, Inc., et al. v. The Hissom
Memorial Center, et al., Case Number 85 -C-437-E,
United States District Court for the Northern
District of Oklahoma,
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(2) a resident of the Robert M. Greer Center or
successor facility, or
(3) receiving services from a community services
provider, community services worker, Medicaid
personal care services provider, or Medicaid
personal care assistant, as those terms are
defined in Section 1025.1 of Title 56 of the
Oklahoma Statutes, when such provider or worker
is the alleged perpetrator, or
b. the Department of Human Serv ices, if the allegation
concerns a vulnerable adult who does not meet the
description of subparagraph a of this paragraph .
B. Nothing in this section shall be construed to mean a
vulnerable adult is abused or neglected for the sole reason the
vulnerable adult, in good faith, selects and depends upon spiritual
means alone through prayer, in accordance with the practices of a
recognized religious method o f healing, for the treatment or cure of
disease or remedial care, or a caretaker or other person
responsible, in good faith, is furnishing such vulnerable adult
spiritual means alone through prayer, in accordance with the tenets
and practices of a recogniz ed church or religious denomination, for
the treatment or cure of disease or remedial care in accordance with
the practices of or express consent of the vulnerable adult.
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SECTION 5. AMENDATORY 43A O.S. 2021, Section 10 -104, as
amended by Section 31, Chapter 475, O.S.L. 2019 , is amended to read
as follows:
Section 10-104. A. Any person having reasonable cause to
believe that a vulnerable adult is suffering from abuse, neglect, or
exploitation shall make a report as soon as the per son is aware of
the situation to:
1. The Department of Human Services; or
2. The Office of Client Advocacy within the State Department of
Health; or
3. The municipal police department or sheriff ’s office in the
county in which the suspected abuse, negle ct, or exploitation
occurred.
B. Persons required to make reports pursuant to this section
shall include, but not be limited to:
1. Physicians;
2. Operators of emergency response vehicles and other medical
professionals;
3. Social workers and mental he alth professionals;
4. Law enforcement officials;
5. Staff of domestic violence programs;
6. Long-term care facility personnel, including staff of
nursing facilities, intermediate care facilities for individuals
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with intellectual disabilities (ICFs/IID) , assisted living
facilities, and residential care facilities;
7. Other health care professionals;
8. Persons entering into transactions with a caretaker or other
person who has assumed the role of financial management for a
vulnerable adult;
9. Staff of residential care facilities, group homes, or
employment settings for individuals with intellectual disabilities;
10. Job coaches, community service workers, and personal care
assistants; and
11. Municipal employees.
C. 1. If the report is not made in writing in the first
instance, as soon as possible after it is initially made by
telephone or otherwise, the report shall be reduced to writing by
the Department of Human Services , in accordance with rules
promulgated by the Director of Human Services , by the Office of
Client Advocacy in accordance with rules promulgated by the State
Commissioner of Health , or by the local municipal police or
sheriff’s department, whichever entity received the initial report.
The report shall contain the following informa tion:
a. the name and address of the vulnerable adult,
b. the name and address of the caretaker, guardian , or
person having power of attorney over the vulnerable
adult’s resources if any,
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c. a description of the current location of the
vulnerable adult,
d. a description of the current condition of the
vulnerable adult, and
e. a description of the situation which may constitute
abuse, neglect or exploitation of the vulnerable
adult.
2. If federal law specifically prohibits the disclosure of any
of the information required by this subsection, that information may
be excluded from the report.
D. 1. If the initial report is made to the local municipal
police department or sheriff ’s office, such police department or
sheriff’s office shall notify, as soon as po ssible, the Department
of Human Services and the Office of Client Advocacy of its
investigation.
2. If, at any point after the initial report, the Department of
Human Services or the Office of Client Advocacy discovers that it is
not the appropriate state entity for the investigation as defined in
Section 10-103 of this title, it shall refer the matter to and share
the initial report with the appropriate state entity.
E. Any person who knowingly and willfully fails to promptly
report any abuse, neglect, o r exploitation as required by the
provisions of subsection A of this section, upon conviction, shall
be guilty of a misdemeanor punishable by imprisonment in the county
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jail for a term not exceeding one (1) year or by a fine of not more
than One Thousand Dollars ($1,000.00), or by both such fine and
imprisonment.
F. 1. Any person participating in good faith and exercising
due care in the making of a report pursuant to the provisions of
this section shall have immunity from any civil or criminal
liability that might otherwise be incurred or imposed. Any such
participant shall have the same immunity with respect to
participation in any judicial proceeding resulting from the report.
2. The same immunity from any civil or criminal liability shall
also be extended to previous employers of a person employed to be
responsible for the care of a vulnerable adult, wh o in good faith
report to new employers or prospective employers of such caretaker
any misconduct of the caretaker including, but not limited to,
abuse, neglect or exploitation of a vulnerable adult, whether
confirmed or not.
G. Any person who willfully or recklessly makes a false report
shall be civilly liable for any actual damages suffered by the
person being reported and for any punitive damages set by the court
or jury which may be allowed in the discretion of the court or jury.
H. 1. Every physicia n or other health care professional making
a report concerning the abuse, neglect or exploitation of a
vulnerable adult, as required by this section, o r examining a
vulnerable adult to determine the likelihood of abuse, neglect or
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exploitation, and every hospital in which a vulnerable adult is
examined or treated for abuse, neglect or exploitation shall
disclose necessary health information related to th e case and
provide, upon request by either the Department of Human Services ,
the Office of Client Advocac y, or the local municipal police or
sheriff’s department receiving the initial report, copies of the
results or the records of the examination on which the report was
based, and any other clinical notes, x -rays or photographs and other
health information which is related to the case if:
a. the vulnerable adult agrees to the disclosure of the
health information, or
b. the individual is unable to agree to the disclosure of
health information because of incapacity ;, and
(1) the requesting party represents that the health
information for which disclosure is sought is not
intended to be used against the vulnerable adult
in a criminal prosecution but to provide
protective services pursuant to the Protective
Services for Vulnerable Adults Act,
(2) the disclosure of the information is necessary to
conduct an investigation into the alleged abuse,
neglect or exploitation of the vulnerable adult
subject to the invest igation, and
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(3) immediate enforcement activity that depends upon
the disclosure:
(a) is necessary to protect the health, safety
and welfare of the vulnerable adult because
of incapacity, or
(b) would be materially and adversely affected
by waiting until the vulnerable adult is
able to agree to the disclosure.
2. If federal law specifically prohibits the disclosure of any
of the information required by this subsection, that information may
be excluded from the disclosed health information.
I. After investigating the report, either the county office of
the Department of Human Services appropriate state entity or the
municipal police department or sheriff ’s office, as appropriate,
shall forward its findings to the office of the district attorney in
the county in which the suspected abuse, neglect, or exploitation
occurred. Unsubstantiated findings shall be labeled as such before
transmission to the office of the district attorney. Findings of
self-neglect shall not be forwarded to the office of the district
attorney unless similar findings were reported within six (6) months
prior.
J. Any state or county medi cal examiner or physician who has
reasonable cause to suspect that the death of any vulnerable adult
may be the result of abuse or neglect as defined b y Section 10-103
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of this title shall make a report to the district attorney or other
law enforcement official of the county in which the death occurred.
The report shall include the name of the person making the report,
the name of the deceased person, th e facts or other evidence
supporting such suspicion, and any other health information that may
be of assistance to the district attorney in conducting an
investigation into the matter.
K. No employer shall terminate the employment, prevent or
impair the practice or occupation of or impose any other sanction on
any employee solely for the reason that the employee made or caused
to be made a report or cooperated with an investigation pursuant to
the Protective Services for Vulnerable Adults Act. A court, in
addition to other damages and remedies, may assess reasonable
attorney fees against an employer who has been found to have
violated the provisions of this subsection.
SECTION 6. AMENDATORY 43A O.S. 2021, Section 10 -105, is
amended to read as follows:
Section 10-105. A. Upon receiving a report of alleged abuse,
neglect, or exploitation of a vulnerable adult pursuant to the
provisions of the Protective Services for Vulnerable Adults Act, the
Department of Human Services appropriate state entity shall make a
prompt and thorough investigation. When feasible, law enforcement
and the Department appropriate state entity shall conduct joint
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investigations in order to reduce potential trauma to the victim and
to eliminate duplicative eff orts.
B. The investigation shall include:
1. Notification of local law enforcement agency. Upon the
request of a law enforcement agency, the Department appropriate
state entity shall submit copies of any results or records of an
examination on the vulne rable adult who is alleged to have been
abused, neglected, or exploited and any other clinical notes, x -
rays, photographs, or previous or current records relevant to the
case;
2. Any findings of abuse, neglect, or exploitation of a
vulnerable adult shall also be sent to any state agency with
concurrent jurisdiction over persons or issues identified in the
investigation including, but not limited to, where appropriate, the
State Department of Health, the Oklahoma Board of Nursing, or any
other appropriate state licensure or certification board, agency, or
registry;
3. Every reasonable effort to locate and not ify the caretaker,
legal guardian and next of kin of the vulnerable adult who may be in
need of protective services pursuant to Section 10 -105.1 of this
title;
4. Diagnostic evaluation to determine whether the person needs
protective services;
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5. Any photographs necessary to document injuries or conditions
which have resulted or may result in an injury or serious harm to
the person;
6. A statement of the least restrictive services needed;
7. Whether services are available from the Department of Human
Services or in the community and how the services can be provided;
8. Whether the person would be capable of obtaining services
for self and could bear the cost or would be eligible for services
from the Department of Human Services;
9. Whether a caretaker or legal guardian would be willing to
provide services or would agree to their provision;
10. Whether the person desires the services;
11. A statement of any follow-up investigation or monitoring of
the services that may be needed; and
12. Other relevant information.
C. 1. a. Investigations conducted pursuant to this section
shall include a visit to the home or other place of
residence of the person who is the subject of the
report, a private interview with such person and any
other potential victims, and consultation with persons
who have knowledge of or may be witnesses to the
circumstances.
b. Investigators shall be suitably trained in interview
techniques and shall utilize such techniques in
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interviews with elderly and incapacitated adults and
individuals with intellectual disabilities.
Interviews shall be conducted at the appropriate
developmental age level of the victim. A reasonable
effort shall be made to conduct interviews of
vulnerable adult victims with an intellectual
disability or diminished capacity utilizing
appropriate personnel and following protocols and
procedures established for interviews with such
persons, including the use of f orensic interview
techniques when appropriate.
c. If, in the course of an investigation of this nature,
the Department appropriate state entity is denied
entrance to the home or other place of residence of a
person believed to be a vulnerable adult in need of
protective services, or is denied a private interview
with the vulnerable adult, the Department appropriate
state entity may petition the court for an order
allowing entry to the premises or private access to
the vulnerable adult. The court shall make a finding
of probable cause of the vulnerability of the adult
before issuing the order. If documentatio n, or access
to records, or other information relating to such
person as provided by this section is denied, the
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Department appropriate state entity may petition the
court for an order allowing entry or access.
2. The petition shall state the name and address of the person
who is the subject of the report and shall allege specific facts
sufficient to show that the circumstances of the person are in need
of investigation.
3. If it is necessary to forcibly enter the premises, the
representative of the Department appropriate state entity shall make
the entry accompanied by a peace officer.
4. The Department appropriate state entity shall make all
reasonable attempts to interview the caretaker or other persons
alleged to be involved in the abuse, neglect or exploitation in
order to enhance service provision and to prevent additional
incidents of abuse, neglect or exploitation.
D. When a report is received pertaining to a vulnerable adult
who has a legal guardian, a copy of the investigative report of the
Department appropriate state entity shall be filed with the court to
which the guardian is accountable.
E. 1. In the case of a final investigative report pertaining
to a vulnerable adult who is a resident of a nursing facility,
residential care facility, assisted living facility or continuum of
care facility and who is alleged to be a victim of abuse, verbal
abuse, neglect, or exploitation by an employee o f such facility, the
Department appropriate state entity, if other than the Office of
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Client Advocacy, shall forward to the State Department of Health a
copy of the Department’s final investigative report.
2. The Department of Human Services appropriate state entity
shall be deemed a party pursuant to the Administrative Procedures
Act for the investigative reports filed by the Department such
entity with the State Department of Health regarding vulnerable
adults who are residents of nursing facilities, res idential care
facilities, assisted living facilities or continuum of care
facilities.
a. Within thirty (30) days of receipt of the final
investigative report submitted by the Department of
Human Services appropriate state entity pursuant to
this section, the State Department of Health shall
provide the Department of Human Services appropriate
state entity with a written summary of any action
taken as a result of the complaint including, but not
limited to, results of any inspections, enforcement
actions or actions which may be taken by the State
Department of Health.
b. Whenever the Department of Human Service s appropriate
state entity believes that the conditions giving rise
to a complaint by the Department such entity alleging
a serious threat to the healt h, safety or welfare of a
resident of a nursing facility, residential care
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facility, assisted living facility or continuum of
care facility have not been adequately addressed, the
Department of Human Services such entity may request
the State Department of Health to hold a hearing on
the complaint as provided by Section 309 of Title 75
of the Oklahoma Statute s.
3. Nothing herein shall prevent the State Department of Health
from conducting any type of investigation or taking any appropriate
remedial or other action pursuant to the provisions of the Nursing
Home Care Act, the Residential Care Act and the Continuum of Care
and Assisted Living Act.
F. When a report is received pertaining to a vulnerable adult
residing in a facility other than the home of the v ulnerable adult,
where persons are employed to provide care and those employees have
been named as person s responsible for the abuse, neglect or
exploitation, the Department appropriate state entity shall forward
its final findings, including, but not limi ted to, any
administrative appeal findings to the owner or administrator of the
facility to prevent further incidents.
G. The Office of Client Advocacy shall establish a system for
investigating allegations of misconduct by a person responsible for
a vulnerable adult not rising to the level of abuse, neglect, or
exploitation in cases where the Office is the appropriate state
entity as defined in Section 10 -103 of this title.
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SECTION 7. AMENDATORY 43A O.S. 2021, Section 10 -105.1,
is amended to read as follows:
Section 10-105.1. A. As soon as possible after initiating an
investigation of a referral regarding a vulnerable adult, the
Department appropriate state entity shall provide to the caretaker
of the alleged victim, the legal g uardian, and next of kin of the
vulnerable adult notification including a brief oral summary and
easily understood written description of the investigation process,
whether or not the caretaker, guardian or next of kin is alleged to
be the perpetrator of t he abuse, neglect or exploitation of the
vulnerable adult.
B. If the vulnerable adult retains capacity to consent to
voluntary services, and does not wish for a caretaker or next of kin
to receive notification of the investigation, the Department
appropriate state entity shall abide by wishes of the vulnerable
adult.
C. The notification specified by subsect ion A of this section
shall include:
1. A statement that the investigation is being undertaken by
the Department of Human Services appropriate state entity pursuant
to the requirements of the Protective Services for Vulnerable Adults
Act in response to a report of abuse, neglect or exploitation and
shall include the name and office telephone number of the Department
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appropriate state entity ’s representative with primary
responsibility for the investigation;
2. A statement that the identity of the person w ho reported the
incident of abuse is confidential and may not even be known to the
Department since the report could have been made anonymously;
3. A statement that the investigation is required by law to be
conducted in order to enable the Department of Human Services
appropriate state entity to identify incidents of abuse, neglect or
exploitation in order to provide protective or preventive social
services to vulnerable adults who are in need of such services;
4. An explanation of the procedures of the Department of Human
Services appropriate state entity for conducting an investigation of
alleged abuse, neglect or exploitation, including:
a. a statement that the alleged victim of abuse, neglect
or exploitation is the Department’s appropriate state
entity’s primary client in such an investigation,
b. a statement that findings of all investigations are
provided to the office of the district attorney, an d
c. a statement that law enforcement may conduct a
separate investigation to determine whether a crimina l
violation occurred;
5. An explanation of services which may be provided as a result
of the Department’s appropriate state entity ’s investigation,
including:
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a. a statement that the caretaker, legal guardian and
next of kin will be involved in the process of
developing a plan of services for the vulnerable adult
insofar as that involvement is consistent with the
best interests of the vulnerable adult,
b. a statement that voluntary services may be provided or
arranged for based on the adult client ’s needs,
desires and acceptance, and
c. a statement that involuntary services may be provided
through the judicial system when immediate services
are needed to preserve the life of the vulnerable
adult and physical health or preserve the resources of
the vulnerable adult which may later be needed to
provide care for the vulnerable adult;
6. A statement that, upon completion of the investigation, the
identified caretaker, legal guardian and next of kin will receive a
letter from the Department appropriate state ent ity which will
inform such caretaker, legal guardian and next of kin:
a. that the Department has found insufficient evidence of
abuse, neglect or explo itation,
b. that there appears to be probable cause to suspect the
existence of abuse, neglect or exploitation in the
judgment of the Department, and
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c. the recommendations of the Department appropriate
state entity concerning the vulnerable adult;
7. The procedures concerning the process the caretaker, legal
guardian and next of kin may use to acquire acces s to the vulnerable
adult in the event the vulnerable adult is removed from the
residence of the vulnerable adult and the circumstances under which
access may be obtained;
8. The procedures to follow if there is a complaint regarding
the actions of the Department appropriate state entity and the
procedures to request a review of the findings made by the
Department appropriate state entity during or at the conclusion of
the investigation;
9. Information specifying that if the caretaker, legal guardian
and next of kin of the vulnerable adult have any questions as to
their legal rights, that such persons have a right to seek legal
counsel;
10. References to the statutory and regulatory provisions
governing abuse, neglect or exploitation and how the caretaker,
legal guardian and next of kin may obtain copies of those
provisions; and
11. An explanation that the caretaker, legal guardian and next
of kin may review specific information gathered during the
investigation and pertaining to the service needs of the vulnerable
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adult subject to the requirements and exceptions provided in Section
10-110 of this title.
SECTION 8. AMENDATORY 4 3A O.S. 2021, Section 10 -106, is
amended to read as follows:
Section 10-106. A. If the Department of Human Services
determines, as a result of its investigation or an investigation by
the Office of Client Advocacy within the State Department of Health ,
that a vulnerable adult needs protective services, the Department of
Human Services shall immediately prov ide or arrange for the
provision of available protective services in the least restrictive
manner, provided the person affirmatively consents to receiv e these
services.
B. 1. When a caretaker of a vulnerable adult who consents to
the receipt of protective services refuses to allow the provision of
such services to the person, the Department may petition to the
court for a decree enjoining the caretaker from interfering with the
provision of protective services to the person.
2. The complaint must allege specific facts sufficient to show
that the person is a vulnerable adult in need of protective
services, consents to the receipt of protective services, and that
the caretaker refuses to allow the provision of such services.
3. If the court finds that the person is a vulnerable adult in
need of protective services, consents to the receipt of protective
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services, and that the caretaker refuses to allow th e provision of
such services, the court may enter a decree:
a. enjoining the caretaker from interfering w ith the
provision of protective services to the vulnerable
adult, and
b. freezing the assets of the vulnerable adult if it has
been determined by prepo nderance of the evidence that
the vulnerable adult is being exploited and it is
necessary to protect such assets.
C. If a vulnerable adult does not consent to the receipt of
protective services or withdraws consent to the receipt of such
services, the services shall be terminated, unless the Department
determines that the person lacks capacity to consent, in which case
the Department may seek court authorization to provide services
pursuant to Section 10 -108 of this title.
D. 1. Payment for the costs of providing protective services
shall be made from either:
a. the assets of the vulnerable adult consenting to the
receipt of voluntary protective services, or
b. any available private or public assistance programs
for which the vulnerable adult is eligible.
2. If no assets or other private or public funds are available
to the person, payment shall be made fro m a fund established by the
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Department for the purpose of providing emergency adult protective
services, subject to availability of funds.
SECTION 9. AMENDATORY 43A O.S. 2021, Section 10 -108, is
amended to read as follows:
Section 10-108. A. 1. If the Department of Human Services
determines, as a result of its investigation or an investigation by
the Office of Client Advocacy within the State Department of Health,
that a vulnerable adult is suffering from abuse, neglect, self -
neglect, or financial neglect or exploitation presenting a
substantial risk of death or immediate and serious physical harm to
the person or financial ex ploitation of the estate of the person,
and the vulnerable adult lacks mental capacity to consent to receive
protective services and no consent can be obtained, the Department
of Human Services may petition the district court in the county
specified by paragraph 3 of this subsection for an order:
a. authorizing involuntary protective services and
appointing a temporary guardian of the person and/or
the estate,
b. freezing the assets of the vulnerable adult, if the
vulnerable adult is being exploited, establ ishing any
new accounts necessary to pay the daily living
expenses of the vulnerable adult, and directing a full
accounting and investigation of the person alleged to
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be improperly managing the estate of the vulnerable
adult,
c. suspending or revoking the powers of an attorney -in-
fact granted by a durable power of attorney, or
revoking an irrevocable trust, o r terminating a
guardianship or conservatorship established pursuant
to the Oklahoma Guardianship and Conservatorship Act,
or
d. directing any law enfo rcement agency to transport any
incapacitated person or vulnerable adult as necessary
for appropriate care, treatment and residential
placement. If such transportation is ordered,
reimbursement for expenses incurred from the
transportation of a vulnerable adult under the
Department’s temporary guardianship shall be paid as
provided for in Section 10 -107 of this title.
2. Under no circumstances shall the court authorize the
Department, pursuant to this subsection, to consent or deny consent
to a Do-Not-Resuscitate order or the withdrawal of hydration or
nutrition or other life -sustaining treatment although the court
retains jurisdiction to hear such matters under applicable law.
3. The district court which may be petitioned by the Department
for an order pursuant to paragraph 1 of this subsection is:
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a. the district court in the county in which the
vulnerable adult resides,
b. the district court in the county in which the
vulnerable adult is receiving inpatient services, or
c. the district court in the coun ty where the vulnerable
adult is located when any delay caused by taking the
petition to the district court in the county of the
residence of the vulnerable adult would result in
greater substantial risk of death or greater serious
physical harm to the vul nerable adult. The petition
shall include an explanation of why the petition was
filed in the district c ourt in the county specified by
this subparagraph rather than in the district court as
specified in subparagraph a or b of this paragraph.
B. The petition shall be sworn to and include the name, age,
and address of the vulnerable adult who the Department has
determined is in need of emergency protective services, the nature
of the abuse, neglect, or exploitation, the services needed, and
information relating to the capacity of the person to consent to
services and a description of the attempts of the Depar tment to
obtain consent and the name of the person or organization proposed
to be appointed as temporary guardian.
C. 1. The vulnerable adult shall r eceive an opportunity for a
hearing upon the petition, and shall be personally served with a
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copy of the petition and a notice scheduling hearing at least forty -
eight (48) hours prior to any such hearing if the petition seeks
temporary guardianship of thir ty (30) days or more.
2. a. The hearing shall be set by the court on an expedited
basis, but no later tha n five (5) calendar days, not
including weekends or holidays when the court is
closed, from the date the notice scheduling hearing is
signed by the judge. The vulnerable adult shall have
a right to a closed hearing unless such vulnerable
adult requests otherwise.
b. Unless the vulnerable adult objects or the person
requiring notification pursuant to this subparagraph
is alleged to have abused, neglected or exploited the
vulnerable adult, the following persons shall be
notified of any hearing held pursuant to this
subsection:
(1) the legal guardian, guardian ad litem and
caretaker of the vulnerable adult,
(2) any person so requested by the vulnerable adul t
to be present at the hearing, and
(3) persons required to be notified pursuant to
Section 3-110 of Title 30 of the Oklahoma
Statutes.
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D. 1. Upon sworn testimony of a representative of the
Department, or statement of a district attorney representing the
Department, that immediate and reasonably foreseeable death or
serious physical harm to or financial exp loitation of the vulnerable
adult will result, the court may waive prior notice and issue a
seventy-two-hour temporary guardianship and provide involun tary
protective services whether or not during regular courthouse
business hours. However, within twenty -four (24) hours of issuance
of the seventy-two-hour order, the vulnerable adult and the attorney
of the vulnerable adult, if known, shall be personall y served with
written notice scheduling a hearing within seventy -two (72) hours.
2. If a hearing on the seventy-two-hour order is declined, or
upon conclusion of any such hearing, the court may terminate the
temporary guardianship and involuntary services or enter a temporary
guardianship for up to thirty (30) additional calendar days as
provided for in subsection G of this section.
E. 1. The vulnerable adult has a right to be present and
represented by counsel at any hearing authorized by this section.
If the vulnerable adult is indigent or, in the determination of the
court, lacks capacity to waive the r ight to counsel, the court shall
immediately appoint counsel who shall personally meet with the
vulnerable adult and attempt to discuss the petition or any pending
motion prior to any hearing.
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2. If the vulnerable adult is not in attendance at a scheduled
hearing, the court shall make a special finding as to why the
vulnerable adult is unable to attend, and, upon the request of the
vulnerable adult or t he attorney of the vulnerable adult, may
continue the hearing to allow the vulnerable adult to attend.
3. If the vulnerable adult is indigent, the cost of
representation by counsel shall be borne by court funds.
4. If the vulnerable adult is not indigent , the court may order
costs of representation paid from the estate in the same manner as
currently paid under the Oklahoma Guardianship and Conservatorship
Act.
F. 1. After a hearing on the petition, the court may:
a. appoint a temporary guardian and ord er involuntary
protective services including, but not limited to,
authorization for medical and/or psycho logical
treatment and evaluations, and residential placement
subject to the provisions of subsection G of this
section,
b. issue an order freezing all assets of the vulnerable
adult, establish any new accounts necessary to pay the
daily living expenses of the vulnerable adult, and
order a full accounting and investigation of the
person alleged to be improperly managing the
vulnerable adult’s estate,
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c. suspend or revoke powers of attorney or terminate a
guardianship or conservatorship upon a finding that
the attorney-in-fact, guardian or conservator failed
to act appropriately on behalf of the vulnerable
adult, or
d. order any law enforcement agency to tr ansport any
incapacitated person or vulnerable adult as necessary
for appropriate care, treatment and residential
placement. If such transportation is ordered,
reimbursement for expenses incurred from the
transportation of a vulnerable adult under the
Department’s temporary guardianship shall be paid as
provided for in Section 10 -107 of this title.
2. a. Except as otherwise provided by subparagraphs b and c
of this paragraph, the court appointing a temporary
guardian and ordering involuntary protective ser vices
shall not have authority to order the sale of the real
property of the vulnerable adult.
b. If the Department of Human Services has been appointed
temporary guardian and the court issues an order for
the Department to continue as the temporary guardi an
of the vulnerable adult beyond the one hundred eighty
(180) calendar days authorized by this section b ecause
there is no one willing and able to act as guardian
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for the vulnerable adult, the Department, as temporary
guardian may, after one (1) year from its initial
appointment, sell the real property of a vulnerable
adult pursuant to the provisions of the Oklahoma
Guardianship and Conservatorship Act.
c. The Department, as temporary guardian of a vulnerable
adult, may also sell the real property of the
vulnerable adult pursuant to the provisions of the
Oklahoma Guardianship and Conservatorship Act prior to
the one-year requirement specified in subparagraph b
of this paragraph, if not selling the real property
would jeopardize the vulnerable adult ’s eligibility
for Medicaid. The fact that the vulnerable adult
would be in jeopardy for receipt of Medicaid if the
property was not sold shall be stated upon the court
order directing the sale of the real property of the
vulnerable adult.
d. The court may issue a n order authorizing the
Department to sell personal property of a vulnerable
adult when additional resour ces are required to pay
for necessary care for the vulnerable adult pursuant
to state law.
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G. Whenever the court issues an order for involuntary
protective services, the court shall adhere to the following
limitations:
1. Only such protective services as are necessary to remove the
conditions creating the emergency shall be ordered, and the court
shall specifically designate the approved services in th e order of
the court. When the conditions creating the emergency have been
removed, the court shall dism iss the temporary guardianship ordered
pursuant to this section;
2. The scope of service provided by the Department shall be
limited to protective ser vices or the establishment of eligibility
for protective services for the person and estate. The Department
shall request dismissal of the temporary guardianship ordered
pursuant to this section when:
a. an appropriate level of care for the vulnerable adu lt
as determined by the Department has been established,
b. assets have been secured, if applicable, and
c. a representative payee or trustee has been set for
financial management, if applicable;
3. Protective services authorized by an involuntary protect ive
services order shall not include a change of residence unless the
court specifically finds such action is necessary to remove the
conditions creating the emergency and gives specific approval for
such action in the order of the court. Emergency placem ent may be
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made to such facilities as nursing homes, hospital rehabilitation
centers, assisted living cen ters, foster care and in -home
placements, or to other appropriate facilities for emergency care or
evaluation to determine the extent of a vulnerable a dult’s physical,
mental and functional limitations; provided, however, emergency
placement shall not be made or construed as an alternative to
emergency detention and protective custody as authorized under
Section 5-206 et seq. of this title or made or con strued as an
alternative to involuntary commitment under Section 5 -410 et seq. of
this title when a vulne rable adult otherwise meets the criteria for
involuntary commitment. Services to such vulnerable adults shall be
provided in a manner that is appropri ate for the adult’s age and
condition and, except for facilities operated by the Department of
Mental Health and Substance Abuse Services or community -based
structured crisis centers under contract with the Department
pursuant to Section 3 -317 of this title, services provided to
vulnerable adults pursuant to this section shall be provided in a
setting that is segregated from any patients or residents of a
facility who have been determined to be a danger to others; and
4. Involuntary protective services may be provided for a period
not to exceed thirty (30) calendar days except as provided by
subsections L and M of this section.
H. The court shall appoint the Department or an interested
person or organization as temporary guardian of the person with
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responsibility for the welfare of such person and authority to give
consent on behalf of the person for the appr oved involuntary
protective services until the expiration of the order.
I. The issuance of an order for involuntary protective services
and the appointment of a temporary guardian shall not deprive the
vulnerable adult of any rights except to the extent validly provided
for in the order or appointment.
J. 1. To enforce an order for involuntary protective services,
the court may authorize:
a. forcible entry of the premises of the vulnerable adult
to be protected for the purpose of rendering
protective services but only after a reasonable
showing to the court that good faith attempts to gain
voluntary access to the premises have failed and
forcible entry is necessary,
b. the transporting of the vulnerable adult to another
location for the provision of involuntary services,
and
c. the eviction of persons who are in a position to
exploit the vulnerable adult from any property owned,
leased, or rented by the vulnerable adult and
restriction of those persons ’ further access to any
property of the vulnerable adul t.
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2. If forcible entry is authorized by the court, the order
shall include a directive that the Department ’s representative be
accompanied by a polic e officer or deputy sheriff in the county
where the vulnerable adult or property of the vulnerable adult is
located, and the police officer or deputy sheriff shall make the
forcible entry.
K. The vulnerable adult, the temporary guardian, or any
interested person may petition the court to have the order to
provide involuntary protective services set aside or modified at any
time.
L. If the vulnerable adult continues to need involuntary
protective services after expiration of the thirty -day temporary
guardianship provided in subsection G of this section, the temporary
guardian shall immediately file a verified motion requesting the
court to, except as otherwise provided by subsection F of this
section, continue the temporary guardianship and involuntary
protective services under this section for a period not to exceed
one hundred eighty (180) calendar days.
M. 1. Service of the verified motion shall be made in
conformity with subsection C of this section.
2. Upon filing such motion, the court shall order t hat a
physical, mental, and social evaluation of the vulnerable adult be
conducted by the Department and that a proposed plan of care be
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submitted to the court within thirty (30) calendar days thereafter
reflecting the evaluation findings and recommended s ervices.
3. Upon filing such motion, the prior temporary guardianship
shall remain in full force and eff ect pending a review hearing after
the thirty-day evaluation period. The caretaker, guardian or next -
of-kin of the vulnerable adult may request that t he evaluation
period be shortened for good cause.
4. The evaluation shall include at least the following
information:
a. the address of the place where the person is residing
and the person or agency which is providing care,
treatment, or services at pres ent,
b. a summary of the professional treatment and services
provided to the person by the Department or agency, if
any, in connection with the problem creating the need
for emergency protective services, and
c. a medical and social evaluation including, b ut not
limited to, the Department ’s assessment of the
person’s capacity to consent to services, a
psychological or psychiatric evaluation and review if
the mental state of the person is in question, and any
recommendations for or against maintenance of par tial
legal rights. The evaluation and review shall include
recommendations for placement based upon the best
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interests of the vulnerable adult taking into
consideration the following:
(1) the least restrictive environment,
(2) the desires of the vulnerabl e adult and legal
guardian,
(3) the desires of the caretaker of the vulnerable
adult and of any of the persons specified in
Section 3-110 of Title 30 of the Oklahoma
Statutes,
(4) the physical and mental health needs of the
vulnerable adult,
(5) the available programs and services, and
(6) the health, well-being and welfare of the
vulnerable adult and the pub lic.
During the hearing to consider the motion to continue the
temporary guardianship of the vulnerable adult for up to one hundred
eighty (180) calendar days, the court shall consider the
Department’s findings and proposed plan of care and any other
evidence presented by the caretaker, guardian or other interested
persons. The court shall either terminate the temporary
guardianship and all involuntary services or continue the temporary
guardianship and specify any necessary services to be provided by
the Department for a period not to exceed one hundred eighty (180)
calendar days. Provided, the court may continue the guardianship of
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the Department, if there is no one willing and able to act as
guardian for the vulnerable adult.
N. Neither the Department nor any of its employees or any other
petitioner shall be liable for filing a petition pursuant to the
Protective Services for Vulnerable Adults Act if the petition was
filed in good faith.
SECTION 10. AMENDATORY 43A O.S. 2021, Sec tion 10-110, is
amended to read as follows:
Section 10-110. A. The reports, records, and working papers
used or developed in an investigation of the circumstances of a
vulnerable adult pursuant to the provisions of the Protective
Services for Vulnerable Adults Act are confidential and may be
disclosed only pursuant to rules promulgated by the Commission for
Director of Human Services or the State Commissioner of Health, by
order of the court, or as otherwise provided by this section or
Section 10-110.1 of this title.
B. Department of Human Services agency Agency records of the
Department of Human Services or the Office of Client Advocacy within
the State Department of Health pertaining to a vulnerable adult may
be inspected and their contents disclosed without a court order to
the following persons upon showing of proper credentials and
pursuant to their lawful duties:
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1. A district attorney and the em ployees of an office of a
district attorney in the course of their official duties pursuant to
this title or the prosecution of crimes against vulnerable adults;
2. The attorney representing a vulnerable adult who is the
subject of a proceeding pursuant t o the provisions of the Protective
Services for Vulnerable Adults Act;
3. Employees of a law enforcement agency of this or another
state and employees of protective services for vulnerable adults of
another state;
4. A physician who has before him or her a vulnerable adult
whom the physician reasonably suspects may have been abused or
neglected or any healt h care or mental health professional involved
in the evaluation or treatment of the vulnerable adult;
5. A caretaker, legal guardian, custodian or oth er family
members of the vulnerable adult; provided , the Department
appropriate state entity may limit such disclosures to summaries or
to information directly necessary for the purpose of such
disclosure;
6. Any public or private agency or person authori zed by the
Department to diagnose, provide care and treatment to a vulnerable
adult who is the subject of a report or record of vulnerable adult
abuse or neglect;
7. Any public or private agency or person authorized by the
Department to supervise or provi de other services to a vulnerable
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adult who is the subject of a report or record of vulnerable adult
abuse or neglect; provided, the Department may limit such disclosure
to summaries or to information directly necessary for the purpose of
such disclosure; and
8. Any person or agency for research purposes, if all of the
following conditions are met:
a. the person or agency conducting such research is
employed by the State of Oklahoma or is under contract
with this state and is authorized by the Department
Director of Human Services and the State Commissioner
of Health to conduct such research, and
b. the person or agency conducting the research ensures
that all documents containing identifying information
are maintained in secure locations and access to such
documents by unauthorized persons is prohibited; that
no identifying information is included in document s
generated from the research conducted; and that all
identifying information is deleted from documents used
in the research when the research is compl eted.
C. Nothing in this section shall be construed as prohibiting
the Department appropriate state entity from disclosing such
confidential information as may be necessary to secure appropriate
care, treatment or protection of a vulnerable adult alleged to be
abused or neglected.
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D. Records and their contents disclosed pursuant to this
section shall remain confidential. The use of such information
shall be limited to the purposes for which disclosure is authorized.
It shall be unlawful and a misdemeano r for any person to furnish any
record or disclose any information contained therein for any
unauthorized purpose.
E. Records of investigations conducted pursuant to the
Protective Services for Vulnerable Adults Act shall not be expunged
except by court order.
1. If the Department is currently or was previously appointed
as temporary guardian of the alleged victim of abuse, neglect,
financial exploitation, or financial neglect, any petition or motion
requesting expungement of the investigative records of the
Department shall be filed under the same case number.
2. Written notice of the hearing and a copy of any such
petition or motion shall be properly and timely served upon:
a. the alleged victim of abuse, neglect, financial
exploitation, or financial ne glect,
b. the Department’s Office of General Counsel and any
other counsel of record in a proceeding in w hich the
Department was appointed as temporary guardian, and
c. all other persons due notice in a guardianship
proceeding involving the victim pursuant to Section 3-
110 of Title 30 of the Oklahoma Statutes.
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SECTION 11. AMENDATORY 43A O.S. 2021, Section 10 -111, is
amended to read as follows:
Section 10-111. A. 1. The district courts are vested with
jurisdiction to issue orders and enforce orders restricting
visitation, by the custodian or by any other person specified by the
court, of a vulnerable adult who is receiving or has been determined
to need protective services pursuant to the Protective Services for
Vulnerable Adults Act.
2. Whenever it is consistent with the welfare and safety of a
vulnerable adult, the court shall restrict the visitation of a
custodian or other person specified by the court who is alleged or
has been determined to have abused, neglected or exploited the
vulnerable adult.
3. Notice as ordered by the court shall be given to the
custodian or other person alleged or determined to have abused,
neglected or exploited a vulnerable adult.
B. If the Department of Human Services determines, as a result
of its investigation or an investigation by the Office of Client
Advocacy within the State Department of Health , that a vulnerable
adult needs voluntary or involuntary protective services as a result
of abuse, neglect or exploitation by the caretaker or by any o ther
person, the Department of Human Services may petition the district
court to restrict the visitation of such custodian or other person
with the vulnerable adult.
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C. 1. Consistent with the welfare and safety of the vulnerable
adult, the court may requ ire supervised visitation, prohibit
visitation or otherwise limit the visitation by the custodian or
such other person with the vulnerable adult.
2. The basis for restricting visitation shall be stated in the
record by the court.
D. The owner, operator o r any facility personnel of a nursing
home, residential home, assisted living facility or other long -term
care facility having reason to believe that visitation of a
vulnerable adult should be restricted may notify the long-term care
ombudsman program or a dult protective services Office of the State
Long-Term Care Ombudsman within the Office of the Attorney General
or the appropriate state entity . Any other person having reason to
believe that visitation of a vulnerable adult should be restricted
may notify the Department of Human Services appropriate state entity
pursuant to the Protective Services for Vulne rable Adults Act.
SECTION 12. AMENDATORY 56 O.S. 2021, Section 1025.3, is
amended to read as follows:
Section 1025.3. A. The Director of the Department of Human
Services shall promulgate rules to establish and maintain a
community services worker registry. Such rules may include, but
need not be limited to:
1. A procedure for notation in such registry of a final
Department of Human Services investigative finding by the Office of
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Client Advocacy within the State Department of Hea lth or a finding
by an Administrative Law Judge of maltreatment of an individual by a
community services worker or a Medicaid personal care assistant;
2. A procedure for notice and due process for a community
services worker, or a Medicaid personal care assistant, or applicant
before the entering of such person ’s name in the registry as having
a final Department of Human Services Office of Client Advoca cy
investigative finding or Administrative Law Judge finding of
maltreatment of an individual;
3. Disclosure requirements for information in the registry; and
4. Procedures for granting a waiver of the provisions of
paragraph 1 of subsection F G of Section 1025.2 of this title by the
Director of Human Services.
B. The community services worker registry shall include, but
not be limited to, the following information on each community
services worker and each Medicaid personal care assistant:
1. The individual’s full name;
2. Information necessary to identify each individual;
3. The date the individual ’s name was placed in the registry;
and
4. Information on any final Department of Human Services Office
of Client Advocacy investigative finding or Admini strative Law Judge
finding of maltreatment concerning the worker.
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C. The Office of Client Advocacy shall promptly report final
investigative findings to the Department of Human Services for the
purposes of the community services worker registry.
D. A community services worker, a Medicaid personal care
assistant, or applicant who is adversely affected by an
Administrative Law Judge finding of maltreatment of an individual
may seek judicial review pursuant to Article II of the
Administrative Procedures Act. The finding of the Administrative
Law Judge may be appealed to the district court of the county in
which the community services worker, Medicaid personal care
assistant, or applicant resides within thirty (30) days of the date
of the decision. A copy of the petition shall be served by mail
upon the general counsel of the Department of Human Services.
D. E. An investigation conducted under Section 1025.1 et seq.
of this title shall include a process for notifying a community
services provider of areas of concern and administrative
information. An area of concern or administrative information shall
not be considered final investigative findings, nor shall the area
of concern or administrative information be included in a final
investigative report of the Department of Human Services Office of
Client Advocacy. The Department Office shall develop a procedure by
which a community services provider may request an investigative
status update within ten (10) calendar days of the initiation of an
investigation conducted under Section 1025.1 et seq. of this title.
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SECTION 13. AMENDATORY 63 O.S. 2021, Section 1 -106, as
amended by Section 1, Chapter 85, O.S.L. 2022 (63 O.S. Supp. 2024,
Section 1-106), is amended to read as follows:
Section 1-106. A. The State Commissioner of Health shall serve
at the pleasure of the Governor, and shall have s kill and experience
in public health duties and sanitary sciences and shall meet at
least one of the following qualifications:
1. Possession of a Doct or of Medicine Degree and a license to
practice medicine in this state;
2. Possession of an Osteopathic Medicine Degree and a license
to practice medicine in this state;
3. Possession of a Doctoral degree in Public Health or Public
Health Administration; or
4. Possession of a Master of Science Degree and a minimum of
five (5) years of supervisory experienc e in the administration of
health services.
B. The Commissioner shall be exempt from all qualifications
enumerated in subsection A of this section if the Commissioner
possesses at least a master ’s degree and has experience in
management of state agencies or large projects.
C. The Commissioner shall have the following powers and duties,
unless otherwise directed by the Governor:
1. Have general supervi sion of the health of the citizens of
the state; make investigations, inquiries and studies concerning th e
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causes of disease and injury, and especially of epidemics, and the
causes of mortality, and the effects of localities, employment,
conditions and circumstances on the public health; investigate
conditions as to health, sanitation and safety of schools, prisons,
public institutions, mines, public conveyances, camps, places of
group abode, and all buildings and places of public resort, and
recommend, prescribe and enforce such measures of health, sanitation
and safety for them as the Commissioner deems advi sable; take such
measures as deemed necessary by the Commissioner to control or
suppress, or to prevent the occurrence or spread of, any
communicable, contagious or infectious disease, and provide for the
segregation and isolation of persons having or suspected of having
any such disease; designate places of quarantine or isolation;
advise state and local governments on matters pertaining to health,
sanitation and safety; and abate any nuisance affecting injuriously
the health of the public or any community . Any health information
or data acquired by the Commissioner from any public agency, which
information or data is otherwise confidential by state or federal
law, shall remain confidential notwithstanding the acquisition of
this information by the Commissioner .;
2. Be the executive officer and supervise the activities of the
State Department of Health, and act for the Department in all
matters except as may be otherwise provided in this Code; administer
oaths at any hearing or investigation conducted purs uant to this
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Code; and enforce rules and standards adopted by the Commissioner.
All rules adopted by the Commissioner are subject to the terms and
conditions of the Administrative Procedures Act .;
3. Appoint an Assistant State Commissioner of Health and fix
the qualifications, duties and compensation of the Assistant State
Commissioner of Health; and employ, appoint and contract with, and
fix the qualifications, duties and compensation of, such other
assistants, doctors, engineers, attorneys, sanitarians, nurses,
laboratory personnel, administrative, clerical and technical help,
investigators, aides and other personnel and help, either on a full -
time, part-time, fee or contractual basis, as shall be deemed by the
Commissioner necessary, expedient, convenient or appropriate to the
performance or carrying out of any of the purposes, objectives or
provisions of this Code, or to assist the Commissioner in th e
performance of official duties and functions .;
4. Cause investigations, inquiries and inspections to b e made,
and hold hearings and issue orders pursuant to the provisions of the
Administrative Procedures Act, to enforce and make effective the
provisions of this Code, and all rules and standards adopted by the
Commissioner pursuant to law and the Commissioner or the
representative of the Commissioner shall have the right of access to
any premises for such purpose at any reasonable time, upon
presentation of identification.;
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5. Authorize persons in the State Department of Health to
conduct investigations, i nquiries and hearings, and to perform other
acts that the Commissioner is authorized or required to conduct or
perform personally.;
6. Except as otherwise provided by law, all civil and criminal
proceedings under this Code shall be initiated and prosecuted by the
district attorney where the violation takes place .;
7. Issue subpoenas for the attendance of witnesses and the
production of books and record s at any hearing to be conducted by
the Commissioner and issue subpoenas for the testimony of
individuals or for the production of records in connection with an
investigation conducted by the Office of Client Advocacy within the
State Department of Health ; and if a person disobeys any such
subpoena, or refuses to give evidence before, or to allow books and
records to be examined by, the Commissioner after such person is
directed to do so, the Commissioner may file a contempt proceeding
in the district court of the county in which the premises involved
are situated, or, if no premises are involved, of the count y in
which such person resides or has a principal place of business, and
a judge of such court, after a trial de novo, may punish the
offending person for contempt.;
8. Unless otherwise required by the terms of a federal grant,
sell, exchange or otherwise dispose of personal property that has
been acquired by the State Department of Health, or any of its
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components, when such property becomes obsolete o r is no longer
needed; any money derived therefrom shall be deposited in the Public
Health Special Fund.;
9. Sell films, educational materials, biological products and
other items produced by the State Department of Health; and all
proceeds therefrom shal l be deposited in the Public Health Special
Fund.;
10. Revoke or cancel, or suspend for any period up to one (1)
year, any license or permit issued under or pursuant to this Code,
or by the Commissioner, when the Commissioner determines that ground
therefor as prescribed by this Code exists, or that the holder of
such license or permit has violated any law, or any of the
provisions of this Code, or any rules or standards of the
Commissioner filed with the Secretary of State, but the Commissioner
shall first afford the holder an opportunity to show cause why the
license or permit should not be revoked, canceled or suspended,
notice of such opportunity to be given by certified United States
Mail to the holder of the license or permit at the last -known
address of such holder.;
11. Accept, use, disburse and administer grants, allotments,
gifts, devises, bequests, appropriations and other monies and
property offered or given to the State Department of Health, or any
component or agency thereof, by any agency of the federal
government, or any corporation or individual .;
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12. Be the official agency of the State of Oklahoma in all
matters relating to public health which require or authorize
cooperation of the State of Oklahoma with the federal government or
any agency thereof; coordinate the activities of the State
Department of Health with those of the federal governm ent or any
department or agency thereof, and with other states, on matters
pertaining to public health, and enter into agreements for such
purpose, and may accept, use, disburse and administer, for the
office of the Commissioner or for the State Department of Health,
for any purpose designated and on the terms and conditions thereof,
grants of money, personnel and property from the federal government
or any department or agency thereof, or from any state or state
agency, or from any other source, to promote and carry on in this
state any program relating to the public health or the control of
disease, and enter into agreements for such purposes .;
13. The State Commissioner of Health may appoint Appoint
commissioned peace officers, certified by the Council on Law
Enforcement Education and Training, to investigate violations of the
Public Health Code and to provide security to Department
facilities.; and
14. Pursuant to Section 2 of this act Section 1-106.4 of this
title, the State Commissioner of Health shal l appoint a Chief
Medical Officer who reports directly to the State Commissioner of
Health Commissioner.
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SECTION 14. It being immediate ly necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: OVERSIGHT COMMITTEE ON JUDICIARY AND PUBLIC
SAFETY, dated - 04/17/2025 – DO PASS.