Statutes | Kickapoo Tribe of Oklahoma Tribal Vulnerable Adult Protection Ordinance Chapter 2 ยง 204 | 2020
a. The Department shall begin investigation of each report within forty-eight (48) hours of receipt. The investigator shall conduct in-person interviews with the Vulnerable Adult, the Vulnerable Adults family and caretaker, the person(s) suspected of having committed the acts reported, employees of agencies or institutions with knowledge of the Vulnerable Adults circumstances, and any other person the investigator believes has pertinent information. The investigator shall also conduct observations and other fact finding as required. The contents of medical records and other reports of abuse or neglect should be ascertained.
b. Investigation Report. A written report shall be prepared and filed with the Department. The investigation report shall contain the information set forth in sub-section (a) above and the results of the investigators interview, observations and assessments, including when possible
1. Results or records of an examination on the vulnerable adult who is alleged to have been abused, neglected, or exploited and any other clinical notes, x-rays, photographs, or previous or current records relevant to the case. If, after beginning their investigation, the department believes criminal abuse, neglect or exploitation may have occurred the Department shall notify the Kickapoo Tribal Police Department, and, if appropriate, other local law enforcement. Upon the request of the law enforcement agency, the Department shall submit copies of any records regarding the Vulnerable Adult, to the extent not prohibited by Federal Law
2. Any findings of abuse, neglect, or exploitation of a vulnerable adult shall also be sent to any agency with concurrent jurisdiction over persons or issues identified in the investigation including, but not limited to, where appropriate, the Health Services Department, Boards of Nursing, or any other appropriate trial or state licensure or certification board, agency, or registry
3. Reasonable efforts made to locate and notify the caretaker, legal guardian and next of kin of the vulnerable adult who may be in need of protective services pursuant to this Ordinance
4. Any diagnostic evaluation(s) to determine whether the person needs protective services
5. Any photographs necessary to document injuries or conditions which have resulted or may result in an injury or serious harm to the person
6. A statement of the least restrictive services needed
7. Whether services are available from the Department or in the community and how the services can be provided
8. Whether the person would be capable of obtaining services for their self and could bear the cost or would be eligible for services from the Department
9. Whether a caretaker or legal guardian would be willing to provide services or would agree to their provision
10. Whether the person desires the services
11. A statement of any follow-up investigation or monitoring of the services that may be needed and
12. Such other facts as deemed appropriate by the investigator.
c. When an incident report is received pertaining to a vulnerable adult who has a legal guardian, a copy of the investigative report of the Department shall be filed with the Court to which the guardian is accountable.
d. The report will remain on file with the Department for a period of five (5) years, even if no further legal or Department action is taken.
e. When a report of abuse is found to have been made in bad faith, the investigation report shall be held and maintained as an inactive file for possible use in a civil violation or proceeding pursuant to Section 202 of this Ordinance.