See Policy & ITS 340:5-3-4 and 340:5-5-7
*Maltreatment allegations of persons who are already deceased are not accepted by APS. Reporters are referred to the state Office of the Medical Examiner, law enforcement, or when the death occurred in a nursing facility, to the Office of the Attorney General, Medicaid Fraud Control Unit.
As a reminder, Adult Protective Services are terminated when the situation that prompted the referral is remedied, the vulnerable adult’s circumstances are stable, the vulnerable adult refuses to accept services, or the vulnerable adult passes way. Cases for vulnerable adults for whom Oklahoma Human Services has a current guardianship or remand are terminated only when the court order dismissing the temporary guardianship is filed. These cases remain active and follow-up activities are documented as required by Oklahoma Administrative Code 340:5-5-3(11), as long as the court order is in effect.
Service Cases & Investigations
When the APS specialist conducted a face-to-face interview with the vulnerable adult and the vulnerable adult dies during the investigation, the APS specialist continues with the elements of the investigation to complete it.
If the vulnerable adult dies before the APS specialist interviewed the vulnerable adult, the case is closed due to death.
For Long Term Care Investigations, when the alleged victim’s death appears to be a direct result of the actions or inaction of a facility employee, the Social Services Inspector III may proceed with the investigation at the discretion of the LTCI Programs Supervisor even if the alleged victim died before the initial interview could be conducted.
Title 43A Guardianships
If the vulnerable adult passes away, the supervisor, PFR, and APS legal will be informed immediately. APS authority ends at the moment of death and the dismissal process should begin immediately.
