2015 Oklahoma Statutes
Title 43A. Mental Health
§43A-10-110.1. Public disclosure.
A. For purposes of this section:
1. “Near death” means the vulnerable adult is in serious or critical condition, as certified by a physician, as a result of abuse or neglect; and
2. "Vulnerable adult" shall be defined as provided in Section 10-103 of Title 43A of the Oklahoma Statutes.
B. When a person responsible for the care of a vulnerable adult has been charged by information or indictment with committing a crime resulting in the death or near death of the vulnerable adult, there shall be a presumption that the best interest of the public is served by public disclosure of certain information concerning:
1. The circumstances of the investigation of the death or near death of the vulnerable adult; and
2. Any other investigations concerning that vulnerable adult, or other vulnerable adults living in the same facility, or involving an individual provider of services to vulnerable adults, within:
a.three (3) years of the death or near death, and
b.one (1) year after the death or near death.
C. 1. At any time subsequent to seven (7) days of the date the person providing care to the vulnerable adult has been criminally charged, the Department of Human Services Adult Protective Services Division, the district attorney, the district court clerk, and the judge having jurisdiction over the case, upon request, shall release certain information to the public as follows:
a.a confirmation shall be provided by the Department as to whether a report has been made concerning the alleged victim or other vulnerable adults while living in the same household or facility and whether an investigation has begun,
b.confirmation shall be provided by the Department as to whether previous reports have been made and the dates thereof, a summary of those previous reports, the dates and outcome of any investigations or actions taken by the Department in response to a previous report of abuse or neglect of vulnerable adults, and the specific recommendation made to the district attorney and any subsequent action taken by the district attorney,
c.the dates of any judicial proceedings prior to the death or near death of the vulnerable adult,
d.recommendations submitted by each participant in writing at the judicial proceedings including recommendation made at the hearing as they relate to appropriate placement of a vulnerable adult, and
e.the rulings of the court.
2. Specific recommendations made and services rendered by the Department of Human Services Adult Protective Services Division described in any progress reports of a pending case submitted to the court may be disclosed by the Department.
D. Any disclosure of information pursuant to this section shall not identify or provide an identifying description of any complainant or reporter of vulnerable adult abuse or neglect, and shall not identify the name of other vulnerable adults in the household or facility, the person responsible for the care of the vulnerable adult, or any other member of the facility or household, other than the person criminally charged.
Added by Laws 2010, c. 110, § 2, eff. Nov. 1, 2010.
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