1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3317 By: Bashore
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6 AS INTRODUCED
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7 An Act relating to Alzheimer's disease; amending
7 Section 2, Chapter 123, O.S.L. 2022 (43A O.S. Supp
8 2023, Section 10-115), which relates to
8 multidisciplinary team for investigation and
9 prosecution of elder or vulnerable adult abuse;
9 adding a requirement for the multidisciplinary team;
10 and providing an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY Section 2, Chapter 123, O.S.L.
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15 2022 (43A O.S. Supp 2023, Section 10-115), is amended to read as
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16 follows:
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17 Section 10-115. A. In coordination with the District Attorneys
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18 Council, each district attorney may develop a multidisciplinary team
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19 for the investigation and prosecution of crimes committed against
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20 the elderly or vulnerable adults in each county of the district
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21 attorney or in a contiguous group of counties. The lead agency for
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22 the team shall be chosen by the members of the team. The team shall
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23 intervene in reports involving sexual abuse, abuse, neglect, or
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 1 exploitation of an elderly person or vulnerable adult as defined in
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2 Section 10-103 of Title 43A of the Oklahoma Statutes this title.
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3 B. The multidisciplinary elderly and vulnerable adult abuse
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4 team members shall include, but not be limited to:
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5 1. Mental health professionals licensed pursuant to the laws of
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6 this state or licensed professional counselors;
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7 2. Police officers or other law enforcement agents whose duties
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8 include, or who have experience or training in, elder and vulnerable
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9 adult abuse and neglect investigation;
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10 3. Medical personnel with experience in elder and vulnerable
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11 adult abuse and neglect identification;
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12 4. Adult Protective Services, Office of Client Advocacy, and
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13 long-term care workers within the Department of Human Services;
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14 5. Multidisciplinary elder and vulnerable adult abuse team
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15 coordinators; and
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16 6. The district attorney or assistant district attorney.
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17 C. 1. Subject to the availability of funds and resources, the
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18 functions of the team shall include, but not be limited to:
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19 a. whenever feasible, joint investigations by law
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20 enforcement and Adult Protective Services, Office of
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21 Client Advocacy, or long-term care staff to
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22 effectively respond to reports of abuse against
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23 elderly or vulnerable adult victims,
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 1 b. the development of a written protocol for
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2 investigation of sexual abuse, abuse, neglect, or
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3 exploitation cases of elderly or vulnerable adults and
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4 for the interview of victims to ensure coordination
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5 and cooperation between all agencies involved. Such
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6 protocol shall include confidentiality statements and
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7 interagency agreements signed by member agencies that
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8 specify the cooperative effort of the member agencies
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9 to the team,
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10 c. communication and collaboration among the
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11 professionals responsible for the reporting,
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12 investigation, prosecution, and treatment of elderly
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13 and vulnerable adult abuse and neglect cases,
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14 d. elimination of duplicative efforts in the
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15 investigation and the prosecution of abuse and neglect
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16 cases committed against elderly or vulnerable adult
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17 victims,
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18 e. identification of gaps in service or untapped
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19 resources within the community to improve the delivery
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20 of services to the victim and family,
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21 f. development of expertise through training. Each team
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22 member and those conducting investigations and
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23 interviews of elder or vulnerable adult abuse victims
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24 shall be trained in the multidisciplinary team
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 1 approach, conduction of legally sound developmentally
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2 and age-appropriate interviews, effective
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3 investigation techniques and joint investigations as
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4 provided through the State Department of Health, the
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5 District Attorneys Council, the Department of Human
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6 Services, or other resources. At least one team
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7 member or those conducting investigations and
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8 interviews of elder or vulnerable adult abuse victims
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9 shall complete dementia-specific training on
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10 Alzheimer's disease and related dementia that includes
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11 one or more of the following:
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12 (1) communication skills,
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13 (2) problem-solving with challenging behaviors, or
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14 (3) explanation of Alzheimer's disease and other
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15 dementia,
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16 g. formalization of a case review process and provision
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17 of data as requested, and
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18 h. standardization of investigative procedures for the
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19 handling of elderly and vulnerable adult abuse and
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20 neglect cases.
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21 2. Any investigation or interview related to sexual abuse,
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22 abuse, or neglect of elderly or vulnerable adults shall be conducted
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23 by appropriate personnel using the protocols and procedures
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24 specified in this section.
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 1 3. If trained personnel are not available in a timely manner
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2 and if a law enforcement officer or the Department of Human Services
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3 determines that there is reasonable cause to believe a delay in
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4 investigation or interview of a victim could place the victim's
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5 health or welfare in danger of harm or threatened harm, the
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6 investigation may proceed without full participation of all
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7 personnel, but only for as long as the danger to the victim exists.
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8 The Department of Human Services shall make a reasonable effort to
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9 find and provide a trained investigator or interviewer.
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10 D. A multidisciplinary elder or vulnerable adult abuse team
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11 shall have full access to any service or treatment plan and any
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12 personal data known to the Department of Human Services that is
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13 directly related to the implementation of the requirements of this
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14 section.
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15 E. Each member of the team shall protect the confidentiality of
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16 the elderly or vulnerable adult and any information made available
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17 to the team member. The multidisciplinary team and any information
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18 received by the team shall be exempt from the Oklahoma Open Meeting
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19 Act and the Oklahoma Open Records Act.
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20 SECTION 2. This act shall become effective November 1, 2024.
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22 59-2-9090 TJ 12/11/23
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