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§ 10-115. Multidisciplinary elderly and vulnerable adult abuse team to investigate and prosecut...

Oklahoma Statutes AnnotatedTitle 43A. Mental HealthEffective: November 1, 2022

Oklahoma Statutes Annotated
Title 43a. Mental Health (Refs & Annos)
Chapter 1. Mental Health Law of 1986 (Refs & Annos)
Protective Services for Vulnerable Adults Act (Refs & Annos)
Effective: November 1, 2022
43A Okl.St.Ann. § 10-115
§ 10-115. Multidisciplinary elderly and vulnerable adult abuse team to investigate and prosecute crimes
Currentness
A. In coordination with the District Attorneys Council, each district attorney may develop a multidisciplinary team for the investigation and prosecution of crimes committed against the elderly or vulnerable adults in each county of the district attorney or in a contiguous group of counties. The lead agency for the team shall be chosen by the members of the team. The team shall intervene in reports involving sexual abuse, abuse, neglect, or exploitation of an elderly person or vulnerable adult as defined in Section 10-103 of Title 43A of the Oklahoma Statutes.
B. The multidisciplinary elderly and vulnerable adult abuse team members shall include, but not be limited to:
1. Mental health professionals licensed pursuant to the laws of this state or licensed professional counselors;
2. Police officers or other law enforcement agents whose duties include, or who have experience or training in, elder and vulnerable adult abuse and neglect investigation;
3. Medical personnel with experience in elder and vulnerable adult abuse and neglect identification;
4. Adult Protective Services, Office of Client Advocacy, and long-term care workers within the Department of Human Services;
5. Multidisciplinary elder and vulnerable adult abuse team coordinators; and
6. The district attorney or assistant district attorney.
C. 1. Subject to the availability of funds and resources, the functions of the team shall include, but not be limited to:
a. whenever feasible, joint investigations by law enforcement and Adult Protective Services, Office of Client Advocacy, or long-term care staff to effectively respond to reports of abuse against elderly or vulnerable adult victims,
b. the development of a written protocol for investigation of sexual abuse, abuse, neglect, or exploitation cases of elderly or vulnerable adults and for the interview of victims to ensure coordination and cooperation between all agencies involved. Such protocol shall include confidentiality statements and interagency agreements signed by member agencies that specify the cooperative effort of the member agencies to the team,
c. communication and collaboration among the professionals responsible for the reporting, investigation, prosecution, and treatment of elderly and vulnerable adult abuse and neglect cases,
d. elimination of duplicative efforts in the investigation and the prosecution of abuse and neglect cases committed against elderly or vulnerable adult victims,
e. identification of gaps in service or untapped resources within the community to improve the delivery of services to the victim and family,
f. development of expertise through training. Each team member and those conducting investigations and interviews of elder or vulnerable adult abuse victims shall be trained in the multidisciplinary team approach, conduction of legally sound developmentally and age-appropriate interviews, effective investigation techniques and joint investigations as provided through the State Department of Health, the District Attorneys Council, the Department of Human Services, or other resources,
g. formalization of a case review process and provision of data as requested, and
h. standardization of investigative procedures for the handling of elderly and vulnerable adult abuse and neglect cases.
2. Any investigation or interview related to sexual abuse, abuse, or neglect of elderly or vulnerable adults shall be conducted by appropriate personnel using the protocols and procedures specified in this section.
3. If trained personnel are not available in a timely manner and if a law enforcement officer or the Department of Human Services determines that there is reasonable cause to believe a delay in investigation or interview of a victim could place the victim's health or welfare in danger of harm or threatened harm, the investigation may proceed without full participation of all personnel, but only for as long as the danger to the victim exists. The Department shall make a reasonable effort to find and provide a trained investigator or interviewer.
D. A multidisciplinary elder or vulnerable adult abuse team shall have full access to any service or treatment plan and any personal data known to the Department of Human Services that is directly related to the implementation of the requirements of this section.
E. Each member of the team shall protect the confidentiality of the elderly or vulnerable adult and any information made available to the team member. The multidisciplinary team and any information received by the team shall be exempt from the Oklahoma Open Meeting Act1 and the Oklahoma Open Records Act.2

Credits

Laws 2022, c. 123, § 2, eff. Nov. 1, 2022.

Footnotes

1
Title 25, § 301 et seq.
2
Title 51, § 24A.1 et seq.
43A Okl. St. Ann. § 10-115, OK ST T. 43A § 10-115
Current with emergency effective legislation through Chapter 106 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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