Okla. Admin. Code § 340:2-3-33 - Procedure for reporting suspected abuse, neglect, verbal abuse, caretaker misconduct, and exploitation
(a)
Reporting abuse or neglect of a child under 18 years of age.
Persons having reason to believe that a child under 18 years of age is a victim
of abuse or neglect are required per Section 1-2-101 of Title 10A of the
Oklahoma Statutes (10A O.S. § 1-2-101) to promptly report it to the
Oklahoma Department of Human Services (DHS) Abuse and Neglect Hotline (Hotline)
at 1-800-522-3511. Any allegation of abuse or neglect reported in any manner to
a DHS county office is immediately referred to the Hotline, per Section 10A
O.S. § 1-2-101.
(b)
Reporting abuse, neglect, verbal abuse, or exploitation of a vulnerable
adult. Any person having reasonable cause to believe that a vulnerable
adult is a victim of abuse, neglect, verbal abuse, or exploitation reports to
DHS or the municipal police department or sheriff's office in the county where
the suspected abuse, neglect, verbal abuse, or exploitation occurred as soon as
the person is aware of the situation. The reporting requirement applies to
providers, per Oklahoma Administrative Code (OAC)
340:2-3-2 and the
provider's employees and agents.
(c)
Reporting caretaker misconduct
regarding a child. When the DHS Specialized Placement Unit Child Care
Licensing office, the Office of Juvenile Affairs, or another source determines
a:
(1) pattern of misconduct exists by a
facility or person responsible for the child of interest (PRFCI); or
(2) facility administration fails to take
appropriate corrective action in response to an investigation or written plan
of compliance, a report should be made to the Hotline.
(d)
Reporting caretaker misconduct
regarding a vulnerable adult. Persons who have reason to believe
caretaker misconduct, per OAC
340:2-3-2, has
occurred with regard to a vulnerable adult residing at the Robert M. Greer
Center (Greer), promptly reports the allegation to the Office of Client
Advocacy (OCA).
(e)
Reporting
a vulnerable adult's death, serious physical injury, or sexual assault.
In addition to the mandatory reporting requirements per OAC 340:2-3-33(b) the
events listed in (1) through (7) of this subsection are reported to OCA intake
when a vulnerable adult's caretaker is alleged to be involved in the vulnerable
adult's:
(1) violent death, whether
apparently homicidal, suicidal, or accidental;
(2) death under suspicious, unusual, or
unnatural circumstances;
(3) death
when the vulnerable adult is a resident Greer;
(4) death when the vulnerable adult is a
Hissom class member;
(5) serious
physical injury, per OAC
340:2-3-2;
(6) physical injury when the injury is:
(A) unexplained; and
(B) suspicious; or
(7) rape, sodomy, or other sexual activity
prohibited by state law.
(f)
Interference, retaliation, or
discrimination related to the reporting obligations required by the Oklahoma
Children's Code and the Protective Services for Vulnerable Adults Act
prohibited.
(1) Per 10A O.S. §
1-2-101, the reporting obligations under the Oklahoma Children's Code are
individual and no employer, supervisor, or administrator interferes with the
reporting obligations of any employee or other person or in any manner
discriminates or retaliates against the employee or other person who in good
faith reports suspected child abuse or neglect, or who provides testimony in
any proceeding involving child abuse or neglect. Any employer, supervisor, or
administrator who discharges, discriminates, or retaliates against the employee
or other person is liable for damages, costs, and attorney fees.
(2) Per 43A O.S. § 10-104, no employer
terminates the employment, prevents or impairs the practice, or occupation of,
or imposes any other sanction on any employee solely for the reason the
employee made or caused to be made a report or cooperated with an investigation
pursuant to the Protective Services for Vulnerable Adults Act.
(g)
Immunity from liability
for good faith report of abuse, neglect, or exploitation of a child or
vulnerable adult. Per 10A O.S. § 1-2-104, the Oklahoma Children's
Code and 43A O.S. § 10-104, the Oklahoma Protective Services for
Vulnerable Adults Act, any person exercising good faith and due care in making
a report of alleged abuse, neglect, or exploitation has immunity from any civil
or criminal liability the person might otherwise incur. The person has the same
immunity with respect to participation in any judicial proceeding resulting
from the report.
(h)
Failure
to report abuse, neglect, or exploitation of a child or vulnerable
adult. Any person who knowingly and willfully fails to promptly report
abuse, neglect, or exploitation as required per 10A O.S. § 1-2-101 and 43A
O.S. § 10-104 may be subject to administrative action or criminal
sanctions upon conviction. In addition, failure to report by a DHS employee may
result in disciplinary action.
(i)
False report of abuse, neglect, or exploitation of a child or vulnerable
adult.
(1) Per 10A O.S. §
1-2-101, any person who knowingly and willfully makes a false report regarding
alleged maltreatment of a child, or a report the person knows lacks factual
foundation, may be reported by DHS to local law enforcement for criminal
investigation, and upon conviction, is guilty of a misdemeanor.
(2) Per 43A O.S. § 10-104, any person
who willfully or recklessly makes a false report of abuse, neglect, or
exploitation of a vulnerable adult may be liable in a civil action for actual
damages and for punitive damages set by the court or jury regarding the
reported party.
(j)
Method of reporting.
(1) Each
report alleging abuse or neglect of a child is screened by the DHS Hotline in
compliance with Child Welfare Services policies and procedures. Each accepted
report of a child within Office of Client Advocacy (OCA) investigative
authority and scope is assigned to OCA for possible investigation. Reports may
be phoned to the Hotline at 1-800-522-3511, faxed to 405-936-0922, emailed to
STO.Hotline.Referral@OKDHS.org, or mailed to Child Abuse and Neglect Hotline,
DHS, PO Box 25352, Oklahoma City, Oklahoma 73125-0352.
(2) Reports of abuse, neglect, or
exploitation of a Hissom class member, resident of Greer, or other vulnerable
adults receiving Developmental Disabilities Services (DDS) services are
reported to OCA except for weekends and after business hours when the reports
are made to the Hotline at 1-800-522-3511. Reports to OCA may be phoned to
1-800-522-8014 or 405-522-2720, faxed to 405-522-2680, or emailed to
oca.intake@okdhs.org.
(3) Reports
of abuse, neglect, verbal abuse, financial neglect, or exploitation of a
vulnerable adult receiving services from a Medicaid personal care services
provider are reported to the Adult Protective Services office, except for
weekends and after business hours when the reports are made to the Hotline at
1-800-522-3511.
(4) Reports of
allegations may be submitted by completing Form 15GN001E, Office of Client
Advocacy-Intake Referral, and sent to the applicable intake unit.
(k)
Confidentiality of
reporting party's identity. The identity of the person who reports abuse
or neglect of a child per 10A O.S. § 1-6-102(H)(7), or abuse, neglect, or
exploitation of a vulnerable adult per 43A O.S. § 10-105.1(C)(2), is kept
confidential and is not disclosed. DHS accepts anonymous reports of abuse,
neglect, or exploitation of a child or vulnerable adult.
(l)
Staff training regarding reporting
obligations. Each administrator ensures the employee receives relevant
training regarding the employee's responsibility to report a child or
vulnerable adult's alleged abuse, neglect, or exploitation. Except for
employees of a DDS provider, the employee receives the training within 30
calendar days of the employee's initial employment and receives subsequent
annual training. DDS provider employee training is as specified per OAC
340:100-3-38
et seq.
Notes
Added at 18 Ok Reg 3435, eff 7-1-01 (emergency) ; Added at 19 Ok Reg 1117, eff 5-13-02 ; Amended at 20 Ok Reg 1994, eff 7-1-03 ; Amended at 21 Ok Reg 2330, eff 6-25-04 ; Amended at 23 Ok Reg 1776, eff 6-11-06 ; Amended at 24 Ok Reg 978, eff 7-1-07 ; Amended at 28 Ok Reg 1681, eff 7-1-11 ; Amended at 29 Ok Reg 726, eff 7-1-12 ; Amended at 30 Ok Reg 1340, eff 7-1-13
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