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COMMENT DUE DATE:  

February 15, 2018

DATE: 

January 16, 2018

Gail Wettstein, Director, Adult Protective Services 405-521-3660

Nancy Kelly, Policy Specialist 405-522-6703

Dena Thayer, Programs Administrator 405-521-4326

RE:  

APA WF 18-5

It is very important that you provide your comments regarding the DRAFT COPY of policy by the comment due date. Comments are directed to *STO.LegalServices.Policy@okdhs.org

The proposed policy is  Permanent .  This proposal is subject to Administrative Procedures Act

A public hearing is scheduled for 10:00 a.m. on February 21, 2018, at DHS, Sequoyah Memorial Office Building, 2400 N. Lincoln Boulevard, Oklahoma City, Oklahoma 73105, Room C-48.Anyone who wants to speak must sign in at the door by 10:05 a.m.

SUBJECT:

CHAPTER 5. ADULT PROTECTIVE SERVICES

Subchapter 1. General ProvisionsAdult Protective Services

340:5-1-1 [AMENDED]

340:5-1-2 through 340:5-1-3 [REVOKED]

340:5-1-4 through 340:5-1-6 [AMENDED]

340:5-1-7 [REVOKED]

340:5-1-8 [AMENDED]

Subchapter 3. Reports of Maltreatment of Vulnerable AdultsMaltreatment Allegations

340:5-3-1 [AMENDED]

340:5-3-2 through 340:5-3-3 [REVOKED]

340:5-3-4 through 340:5-3-6 [AMENDED]

Subchapter 5. Investigation of Adult Protective Services ReferralsReports

340:5-5-1 through 340:5-5-8 [AMENDED]

Subchapter 7. Long-Term Care Investigations Section

340:5-7-1 through 340:5-7-7 [AMENDED]

(Reference WF 18-10)

SUMMARY:

The proposed amendments to Chapter 5, Subchapter 1 amend the rules to:(1) reflect Oklahoma Department of Human Services (DHS) structural changes; (2) clarify procedures; and (3) add definitions.

The proposed amendments to Chapter 5, Subchapter 3 amend the rules to:(1) implement distinction between referral and report; (2) authorize supervisors to delegate screening responsibilities; (3) clarify response to persons with substance use and abuse issues; (4) direct 911 response to emergency situations; (5) direct collaboration with domestic violence resources when indicated; and (6) clarify electronic storage and destruction of paper records.

The proposed amendments to Chapter 5, Subchapter 5 amend the rules to:(1) modify investigation initiation deadline from three to five days; (2) modify response deadlines; (3) authorize supervisors to delegate responsibilities; and (4) clarify duties in guardianship cases.

The proposed amendments to Chapter 5, Subchapter 7 amend the rules to:(1) clarify existing rules and the distinction between referral and report; and (2) extend the deadline for investigation initiation from five to 20 business days.

LEGAL AUTHORITY:Director of Human Services; Sections 162 and 230.52 of Title 56 of the Oklahoma Statues.

Rule Impact Statement

To:Dena Thayer, Programs Administrator

Legal Services - Policy

From:Gail Wettstein, Director

Adult Protective Services

Date:December 18, 2017

Re:CHAPTER 5. ADULT PROTECTIVE SERVICES

Subchapter 1. General ProvisionsAdult Protective Services

340:5-1-1 [AMENDED]

340:5-1-2 through 340:5-1-3 [REVOKED]

340:5-1-4 through 340:5-1-6 [AMENDED]

340:5-1-7 [REVOKED]

340:5-1-8 [AMENDED]

Subchapter 3. Reports of Maltreatment of Vulnerable AdultsMaltreatment Allegations

340:5-3-1 [AMENDED]

340:5-3-2 through 340:5-3-3 [REVOKED]

340:5-3-4 through 340:5-3-6 [AMENDED]

Subchapter 5. Investigation of Adult Protective Services ReferralsReports

340:5-5-1 through 340:5-5-8 [AMENDED]

Subchapter 7. Long-Term Care Investigations Section

340:5-7-1 through 340:5-7-7 [AMENDED]

Contact:Gail Wettstein, Director

Adult Protective Services (405) 521-3660

A.Brief description of the purpose of the proposed rule:

The proposed amendments to Chapter 5, Subchapter 1 amend the rules to:(1) reflect Oklahoma Department of Human Services (DHS) structural changes; (2) clarify procedures; and (3) add definitions.

The proposed amendments to Chapter 5, Subchapter 3 amend the rules to:(1) implement distinction between referral and report; (2) authorize supervisors to delegate screening responsibilities; (3) clarify response to persons with substance use and abuse issues; (4) direct 911 response to emergency situations; (5) direct collaboration with domestic violence resources when indicated; and (6) clarify electronic storage and destruction of paper records.

The proposed amendments to Chapter 5, Subchapter 5 amend the rules to:(1) modify investigation initiation deadline from three to five days; (2) modify response deadlines; (3) authorize supervisors to delegate responsibilities; and (4) clarify duties in guardianship cases.

The proposed amendments to Chapter 5, Subchapter 7 amend the rules to:(1) clarify existing rules and the distinction between referral and report; and (2) extend the deadline for investigation initiation from five to 20 business days.

Strategic Plan Impact.

The proposed amendments achieve DHSgoals by continuously improving systems and processes and improving communication with DHS clients and staff.

Substantive changes.

Subchapter 1. General provisionsAdult Protective Services

Oklahoma Administrative Code (OAC) 340:5-1-1 is amended to combine legal authority, core principles, and mission.

OAC 340:5-1-2, OAC 340:5-1-3, and OAC 340:5-1-7 are revoked and merged into 340:5-1-1.

OAC 340:5-1-4 is amended to:(1) clarify meaning; and (2) add prohibition of re-entering a secured residence without approval and without a second staff member or witness.

OAC 340:5-1-5 is amended to:(1) simplify and clarify existing rule; and (2) delete reference to Adult and Family Services consistent with existing agency structure.

OAC 340:5-1-6 is amended to:(1) define: "client," "conclusion," "finding," "investigation," "case assignment," "level," "next of kin," and"ruled-out"; (2) clarify definitions of "activities of daily living," "alleged victim," "referral," "report," "temporary guardian,""unsubstantiated," and "vulnerable adult."

OAC 340:5-1-8 is amended to:(1) delete the reference to Adult and Family Services; and (2) clarify existing rule.

Subchapter 3. Reports of maltreatment of vulnerable adultsReceiving Maltreatment Allegations

OAC 340:5-3-1 is amended to:(1) distinguish "referral" and "report"; and (2) simplify the intake procedure for county office staff.

OAC 340:5-3-2 is amended to clarify existing rule.

OAC 340:5-3-3 is revoked and merged into 340:5-3-1.

OAC 340:5-3-4 is amended to:(1) implement definition of "referral"; and (2)replace Office of Client Advocacy with Adult Protective Services for investigation of reports of maltreatment by Medicaid personal care assistants.

OAC 340:5-3-5 is amended to:(1) implement definition of "referral"; (2) clarify response to alleged victims with mental health and/or substance use or abuse issues; and (3) clarify collaboration with law enforcement when safety concerns are present.

OAC 340:5-3-6 is amended to:(1) implement definition of "referral"; (2) direct emergency response to 911; and (3) authorize supervisor to delegate screening responsibility.

Subchapter 5. Investigation of Adult Protective Services ReferralsReports

OAC 340:5-5-1 is amended to correct statutory citation.

OAC 340:5-5-2 is amended to:(1) modify deadline for initiating investigation from three to five days and from 72 hours to 120 hours; and (2) modify "emergency response" to "urgent response" and extend deadline from four to 24 hours.

OAC 340:5-5-3 is amended to:(1) explain that a report assigned Level 3 or Level 4requires investigation and findings; (2) authorize supervisor to delegate case staffing to determine need for protective services; and (3) clarify responsibilities for clients receiving involuntary services.

OAC 340:5-5-4 is amended to:(1) update protocol for responding to referrals for members of Indian nations; and (2) update DHS internal designations.

OAC 340:5-5-5 is amended to:(1) add "conclusions" to case closure procedure; and (2) correct statutory citation.

OAC 340:5-5-6 is amended to:(1) update DHS internal designation; (2) addLevel 2 documentation requirement; (3) correct statutory citation; (4) replace "mental retardation" with "intellectual disabilities"; and (5) clarify existing rule.

OAC 340:5-5-7 is amended to clarify existing rule.

OAC 340:5-5-8 is amended to:(1) update DHS internal designation; and (2) correct statutory citation.

Subchapter 7. Long-Term Care Investigations Section

OAC 340:5-7-1 is amended to:(1) implement definition of "referral"; and (2) clarify meaning of rule.

OAC 340:5-7-2 is revoked and merged into OAC 340:5-7-1.

OAC 340:5-7-3 is amended to:(1) delete reference to Adult and Family Services; and (2) clarify language.

OAC 340:5-7-4 is amended to implement "referral" as defined.

OAC 340:5-7-5, 340:5-7-6, and 340:5-7-7 are amended to clarify language.

Reasons.

The proposed amendments allow Adult Protective Services (APS) to deploy limited existing resources to reduce the risk to as many vulnerable adults as possible.The amendments also remove references to Adult and Family Services, which is no longer in the APS chain of command.

Repercussions.

If the proposed amendments are not implemented, resources will be wasted and APS will not be able to comply with the legislative mandate to do "more with less."

Legal authority.

Director of Human Services; Sections 162 and 230.52 of Title 56 of the Oklahoma Statues.

Permanent rulemaking approval is requested.

B.A description of the classes of persons who most likely will be affected by the proposed rule, including classes that will bear the costs of the proposed rule, and any information on cost impacts received by the Agency from any private or public entities:The classes of persons most likely to be affected by the proposed rules are the approximately 10,000 vulnerable adults who are referred to APS each year for concerns of self-neglect and, who require some assistance to stay in their own homes.This affected class will bear no costs associated with implementation of the rules.

C.A description of the classes of persons who will benefit from the proposed rule:The classes of persons who will benefit are the approximately 10,000 vulnerable adults who are referred to APS each year for concerns of self-neglect and, who require some assistance to stay in their own homes.

D.A description of the probable economic impact of the proposed rule upon the affected classes of persons or political subdivisions, including a listing of all fee changes and, whenever possible, a separate justification for each fee change:The proposed amendments do not have an economic impact on the affected entities.There are no fee changes associated with the revised rules.

E.The probable costs and benefits to the Agency and to any other agency of the implementation and enforcement of the proposed rule, the source of revenue to be used for implementation and enforcement of the proposed rule and any anticipated effect on state revenues, including a projected net loss or gain in such revenues if it can be projected by the Agency:The probable cost to DHS includes the cost of printing and distributing the rules estimated to be less than $20. The proposed amendments will result in enhanced delivery of services.

F.A determination whether implementation of the proposed rule will have an impact on any political subdivisions or require their cooperation in implementing or enforcing the rule:APS routinely collaborates with law enforcement.The proposed amendments do not have an increased economic impact on any political subdivision, nor will increased cooperation of any political subdivisions be required in implementation or enforcement of the rules.

G.A determination whether implementation of the proposed rule will have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act:There are no anticipated adverse effects on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act.

H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or nonregulatory methods or less intrusive methods for achieving the purpose of the proposed rule:There are no less costly or non-regulatory methods or less intrusive methods for achieving the purpose of the proposed amendments.

I.A determination of the effect of the proposed rule on the public health, safety, and environment and, if the proposed rule is designed to reduce significant risks to the public health, safety, and environment, an explanation of the nature of the risk and to what extent the proposed rule will reduce the risk:The proposed amendments are designed to allow APS to reduce the health risk to as many vulnerable adults as possible and concentrate limited resources on service planning.

J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:If the proposed amendments are not implemented APS will protect fewer vulnerable adults than if the rule revisions are implemented.

K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared on January 5, 2017; modified June 13, 2017, and December 18, 2017.

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