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1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1426 By: Daniels
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7 AS INTRODUCED
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8 An Act relating to vulnerable adults; amending 43A
8 O.S. 2021, Sections 10-104 and 10-105.1, as amended
9 by Sections 5 and 7, Chapter 215, O.S.L. 2025 (43A
9 O.S. Supp. 2025, Sections 10-104 and 10-105.1), which
10 relate to protective services for vulnerable adults;
10 limiting certain reporting duties to substantiated
11 findings; amending 43A O.S. 2021, Section 10-110.1,
11 which relates to public disclosure; limiting certain
12 disclosure to substantiated findings; updating
12 statutory language; updating statutory reference;
13 repealing 43A O.S. 2021, Section 10-104, as amended
13 by Section 3, Chapter 332, O.S.L. 2003, which relates
14 to investigations; and providing an effective date.
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18 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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19 SECTION 1. AMENDATORY 43A O.S. 2021, Section 10-104, as
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20 amended by Section 5, Chapter 215, O.S.L. 2025 (43A O.S. Supp. 2025,
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21 Section 10-104), is amended to read as follows:
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22 Section 10-104. A. Any person having reasonable cause to
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23 believe that a vulnerable adult is suffering from abuse, neglect, or
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1 exploitation shall make a report as soon as the person is aware of
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2 the situation to:
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3 1. The Department of Human Services;
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4 2. The Office of Client Advocacy within the State Department of
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5 Health; or
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6 3. The municipal police department or sheriff's office in the
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7 county in which the suspected abuse, neglect, or exploitation
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8 occurred.
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9 B. Persons required to make reports pursuant to this section
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10 shall include, but not be limited to:
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11 1. Physicians;
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12 2. Operators of emergency response vehicles and other medical
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13 professionals;
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14 3. Social workers and mental health professionals;
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15 4. Law enforcement officials;
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16 5. Staff of domestic violence programs;
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17 6. Long-term care facility personnel, including staff of
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18 nursing facilities, intermediate care facilities for individuals
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19 with intellectual disabilities (ICFs/IID), assisted living
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20 facilities, and residential care facilities;
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21 7. Other health care professionals;
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22 8. Persons entering into transactions with a caretaker or other
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23 person who has assumed the role of financial management for a
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24 vulnerable adult;
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1 9. Staff of residential care facilities, group homes, or
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2 employment settings for individuals with intellectual disabilities;
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3 10. Job coaches, community service workers, and personal care
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4 assistants; and
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5 11. Municipal employees.
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6 C. 1. If the report is not made in writing in the first
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7 instance, as soon as possible after it is initially made by
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8 telephone or otherwise, the report shall be reduced to writing by
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9 the Department of Human Services in accordance with rules
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10 promulgated by the Director of Human Services, by the Office of
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11 Client Advocacy in accordance with rules promulgated by the State
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12 Commissioner of Health, or by the local municipal police or
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13 sheriff's department, whichever entity received the initial report.
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14 The report shall contain the following information:
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15 a. the name and address of the vulnerable adult,
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16 b. the name and address of the caretaker, guardian, or
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17 person having power of attorney over the vulnerable
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18 adult's resources if any,
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19 c. a description of the current location of the
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20 vulnerable adult,
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21 d. a description of the current condition of the
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22 vulnerable adult, and
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1 e. a description of the situation which may constitute
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2 abuse, neglect, or exploitation of the vulnerable
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3 adult.
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4 2. If federal law specifically prohibits the disclosure of any
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5 of the information required by this subsection, that information may
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6 be excluded from the report.
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7 D. 1. If the initial report is made to the local municipal
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8 police department or sheriff's office, such police department or
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9 sheriff's office shall notify, as soon as possible, the Department
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10 of Human Services and the Office of Client Advocacy of its
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11 investigation.
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12 2. If, at any point after the initial report, the Department of
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13 Human Services or the Office of Client Advocacy discovers that it is
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14 not the appropriate state entity for the investigation as defined in
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15 Section 10-103 of this title, it shall refer the matter to and share
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16 the initial report with the appropriate state entity.
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17 E. Any person who knowingly and willfully fails to promptly
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18 report any abuse, neglect, or exploitation as required by the
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19 provisions of subsection A of this section, upon conviction, shall
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20 be guilty of a misdemeanor punishable by imprisonment in the county
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21 jail for a term not exceeding one (1) year or, by a fine of not more
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22 than One Thousand Dollars ($1,000.00), or by both such fine and
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23 imprisonment.
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1 F. 1. Any person participating in good faith and exercising
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2 due care in the making of a report pursuant to the provisions of
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3 this section shall have immunity from any civil or criminal
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4 liability that might otherwise be incurred or imposed. Any such
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5 participant shall have the same immunity with respect to
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6 participation in any judicial proceeding resulting from the report.
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7 2. The same immunity from any civil or criminal liability shall
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8 also be extended to previous employers of a person employed to be
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9 responsible for the care of a vulnerable adult, who in good faith
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10 report to new employers or prospective employers of such caretaker
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11 any misconduct of the caretaker including, but not limited to,
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12 abuse, neglect, or exploitation of a vulnerable adult, whether
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13 confirmed or not.
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14 G. Any person who willfully or recklessly makes a false report
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15 shall be civilly liable for any actual damages suffered by the
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16 person being reported and for any punitive damages set by the court
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17 or jury which may be allowed in the discretion of the court or jury.
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18 H. 1. Every physician or other health care professional making
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19 a report concerning the abuse, neglect, or exploitation of a
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20 vulnerable adult, as required by this section, or examining a
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21 vulnerable adult to determine the likelihood of abuse, neglect, or
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22 exploitation, and every hospital in which a vulnerable adult is
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23 examined or treated for abuse, neglect, or exploitation shall
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24 disclose necessary health information related to the case and
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1 provide, upon request by either the Department of Human Services,
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2 the Office of Client Advocacy, or the local municipal police or
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3 sheriff's department receiving the initial report, copies of the
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4 results or the records of the examination on which the report was
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5 based, and any other clinical notes, x-rays, or photographs and
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6 other health information which is related to the case if:
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7 a. the vulnerable adult agrees to the disclosure of the
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8 health information, or
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9 b. the individual is unable to agree to the disclosure of
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10 health information because of incapacity, and:
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11 (1) the requesting party represents that the health
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12 information for which disclosure is sought is not
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13 intended to be used against the vulnerable adult
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14 in a criminal prosecution but to provide
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15 protective services pursuant to the Protective
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16 Services for Vulnerable Adults Act,
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17 (2) the disclosure of the information is necessary to
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18 conduct an investigation into the alleged abuse,
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19 neglect, or exploitation of the vulnerable adult
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20 subject to the investigation, and
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21 (3) immediate enforcement activity that depends upon
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22 the disclosure:
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1 (a) is necessary to protect the health, safety,
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2 and welfare of the vulnerable adult because
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3 of incapacity, or
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4 (b) would be materially and adversely affected
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5 by waiting until the vulnerable adult is
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6 able to agree to the disclosure.
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7 2. If federal law specifically prohibits the disclosure of any
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8 of the information required by this subsection, that information may
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9 be excluded from the disclosed health information.
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10 I. After investigating the report, either the county office of
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11 the appropriate state entity or the municipal police department or
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12 sheriff's office, as appropriate, shall forward its any
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13 substantiated findings to the office of the district attorney in the
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14 county in which the suspected abuse, neglect, or exploitation
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15 occurred. Unsubstantiated findings shall be labeled as such before
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16 transmission to the office of the district attorney. Findings of
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17 self-neglect shall not be forwarded to the office of the district
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18 attorney unless similar findings were reported within six (6) months
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19 prior.
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20 J. Any state or county medical examiner or physician who has
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21 reasonable cause to suspect that the death of any vulnerable adult
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22 may be the result of abuse or neglect as defined by Section 10-103
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23 of this title shall make a report to the district attorney or other
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24 law enforcement official of the county in which the death occurred.
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1 The report shall include the name of the person making the report,
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2 the name of the deceased person, the facts or other evidence
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3 supporting such suspicion, and any other health information that may
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4 be of assistance to the district attorney in conducting an
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5 investigation into the matter.
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6 K. No employer shall terminate the employment of, prevent or
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7 impair the practice or occupation of, or impose any other sanction
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8 on any employee solely for the reason that the employee made or
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9 caused to be made a report or cooperated with an investigation
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10 pursuant to the Protective Services for Vulnerable Adults Act. A
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11 court, in addition to other damages and remedies, may assess
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12 reasonable attorney fees against an employer who has been found to
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13 have violated the provisions of this subsection.
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14 SECTION 2. AMENDATORY 43A O.S. 2021, Section 10-105.1,
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15 as amended by Section 7, Chapter 215, O.S.L. 2025 (43A O.S. Supp.
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16 2025, Section 10-105.1), is amended to read as follows:
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17 Section 10-105.1. A. As soon as possible after initiating an
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18 investigation of a referral regarding a vulnerable adult, the
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19 appropriate state entity shall provide to the caretaker of the
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20 alleged victim, the legal guardian, and next of kin of the
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21 vulnerable adult notification including a brief oral summary and
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22 easily understood written description of the investigation process,
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23 whether or not the caretaker, guardian, or next of kin is alleged to
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1 be the perpetrator of the abuse, neglect or exploitation of the
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2 vulnerable adult.
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3 B. If the vulnerable adult retains capacity to consent to
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4 voluntary services, and does not wish for a caretaker or next of kin
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5 to receive notification of the investigation, the appropriate state
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6 entity shall abide by wishes of the vulnerable adult.
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7 C. The notification specified by subsection A of this section
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8 shall include:
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9 1. A statement that the investigation is being undertaken by
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10 the appropriate state entity pursuant to the requirements of the
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11 Protective Services for Vulnerable Adults Act in response to a
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12 report of abuse, neglect, or exploitation and shall include the name
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13 and office telephone number of the appropriate state entity's
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14 representative with primary responsibility for the investigation;
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15 2. A statement that the identity of the person who reported the
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16 incident of abuse is confidential and may not even be known to the
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17 Department since the report could have been made anonymously;
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18 3. A statement that the investigation is required by law to be
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19 conducted in order to enable the appropriate state entity to
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20 identify incidents of abuse, neglect, or exploitation in order to
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21 provide protective or preventive social services to vulnerable
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22 adults who are in need of such services;
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1 4. An explanation of the procedures of the appropriate state
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2 entity for conducting an investigation of alleged abuse, neglect, or
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3 exploitation, including:
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4 a. a statement that the alleged victim of abuse, neglect,
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5 or exploitation is the appropriate state entity's
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6 primary client in such an investigation,
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7 b. a statement that substantiated findings of all
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8 investigations resulting from an investigation are
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9 provided to the office of the district attorney, and
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10 c. a statement that law enforcement may conduct a
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11 separate investigation to determine whether a criminal
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12 violation occurred;
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13 5. An explanation of services which may be provided as a result
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14 of the appropriate state entity's investigation, including:
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15 a. a statement that the caretaker, legal guardian, and
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16 next of kin will be involved in the process of
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17 developing a plan of services for the vulnerable adult
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18 insofar as that involvement is consistent with the
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19 best interests of the vulnerable adult,
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20 b. a statement that voluntary services may be provided or
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21 arranged for based on the adult client's needs,
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22 desires, and acceptance, and
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23 c. a statement that involuntary services may be provided
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24 through the judicial system when immediate services
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1 are needed to preserve the life of the vulnerable
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2 adult and physical health or preserve the resources of
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3 the vulnerable adult which may later be needed to
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4 provide care for the vulnerable adult;
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5 6. A statement that, upon completion of the investigation, the
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6 identified caretaker, legal guardian, and next of kin will receive a
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7 letter from the appropriate state entity which will inform such
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8 caretaker, legal guardian, and next of kin:
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9 a. that the Department has found insufficient evidence of
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10 abuse, neglect, or exploitation,
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11 b. that there appears to be probable cause to suspect the
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12 existence of abuse, neglect, or exploitation in the
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13 judgment of the Department, and
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14 c. of the recommendations of the appropriate state entity
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15 concerning the vulnerable adult;
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16 7. The procedures concerning the process the caretaker, legal
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17 guardian, and next of kin may use to acquire access to the
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18 vulnerable adult in the event the vulnerable adult is removed from
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19 the residence of the vulnerable adult and the circumstances under
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20 which access may be obtained;
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21 8. The procedures to follow if there is a complaint regarding
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22 the actions of the appropriate state entity and the procedures to
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23 request a review of the findings made by the appropriate state
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24 entity during or at the conclusion of the investigation;
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1 9. Information specifying that if the caretaker, legal
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2 guardian, and next of kin of the vulnerable adult have any questions
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3 as to their legal rights, that such persons have a right to seek
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4 legal counsel;
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5 10. References to the statutory and regulatory provisions
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6 governing abuse, neglect, or exploitation and how the caretaker,
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7 legal guardian, and next of kin may obtain copies of those
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8 provisions; and
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9 11. An explanation that the caretaker, legal guardian, and next
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10 of kin may review specific information gathered during the
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11 investigation and pertaining to the service needs of the vulnerable
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12 adult subject to the requirements and exceptions provided in Section
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13 10-110 of this title.
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14 SECTION 3. AMENDATORY 43A O.S. 2021, Section 10-110.1,
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15 is amended to read as follows:
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16 Section 10-110.1. A. For purposes of this section:
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17 1. "Near death" means the vulnerable adult is in serious or
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18 critical condition, as certified by a physician, as a result of
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19 abuse or neglect; and
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20 2. "Vulnerable adult" shall be defined as provided in Section
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21 10-103 of Title 43A of the Oklahoma Statutes this title.
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22 B. When a person responsible for the care of a vulnerable adult
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23 has been charged by information or indictment with committing a
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24 crime resulting in the death or near death of the vulnerable adult,
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1 there shall be a presumption that the best interest of the public is
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2 served by public disclosure of certain information concerning:
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3 1. The circumstances of the investigation of the death or near
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4 death of the vulnerable adult; and
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5 2. Any other investigations concerning that vulnerable adult,
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6 or other vulnerable adults living in the same facility, or involving
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7 an individual provider of services to vulnerable adults, within:
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8 a. three (3) years of before the death or near death, and
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9 b. one (1) year after the death or near death.
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10 C. 1. At any time subsequent to seven (7) days of the date the
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11 person providing care to the vulnerable adult has been criminally
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12 charged, the Department of Human Services Adult Protective Services
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13 Division, the district attorney, the district court clerk, and the
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14 judge having jurisdiction over the case, upon request, shall release
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15 certain information to the public as follows:
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16 a. a confirmation shall be provided by the Department as
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17 to whether a report has been made concerning the
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18 alleged victim or other vulnerable adults while living
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19 in the same household or facility and whether an
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20 investigation has begun,
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21 b. confirmation shall be provided by the Department as to
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22 whether previous reports have been made and the dates
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23 thereof, a summary of those previous reports, the
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24 dates and outcome of any investigations or actions
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1 taken by the Department in response to a previous
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2 report of abuse or neglect of vulnerable adults, and
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3 the specific recommendation made to the district
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4 attorney when a substantiated finding was present, and
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5 any subsequent action taken by the district attorney,
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6 c. the dates of any judicial proceedings prior to the
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7 death or near death of the vulnerable adult,
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8 d. recommendations submitted by each participant in
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9 writing at the judicial proceedings including
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10 recommendation recommendations made at the hearing as
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11 they relate to appropriate placement of a vulnerable
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12 adult, and
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13 e. the rulings of the court.
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14 2. Specific recommendations made and services rendered by the
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15 Department of Human Services Adult Protective Services Division
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16 described in any progress reports of a pending case submitted to the
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17 court may be disclosed by the Department.
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18 D. Any disclosure of information pursuant to this section shall
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19 not identify or provide an identifying description of any
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20 complainant or reporter of vulnerable adult abuse or neglect, and
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21 shall not identify the name of other vulnerable adults in the
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22 household or facility, the person responsible for the care of the
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23 vulnerable adult, or any other member of the facility or household,
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24 other than the person criminally charged.
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1 SECTION 4. REPEALER 43A O.S. 2021, Section 10-104, as
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2 amended by Section 3, Chapter 332, O.S.L. 2003, is hereby repealed.
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3 SECTION 5. This act shall become effective November 1, 2026.
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5 60-2-3196 DC 1/6/2026 1:27:31 PM
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Req. No. 3196 Page 15Every fact on this page links to its source, starting with the official bill record.