45 C.F.R. § 1324.403

Current through November 30, 2024
Section 1324.403 - APS response

The State entity shall adopt standardized and systematic policies and procedures for APS response across and within the State including, at a minimum:

(a) Screening, triaging, and decision-making criteria or protocols to review and assign adult maltreatment and self-neglect reports for APS investigation and/or to report to other authorities;
(b) Tools and/or decision-making processes for APS to review reports of adult maltreatment and self-neglect for any emergency needs of the adult and for immediate safety and risk factors affecting the adult or APS worker when responding to the report and;
(c) Practices during investigations to collect information and evidence to support findings on allegations, and service planning that will:
(1) Recognize that acceptance of APS services is voluntary, except where mandated by State law;
(2) Ensure the safety of APS client and worker;
(3) Ensure the preservation of a client's rights;
(4) Integrate principles of person-directedness and trauma-informed approaches;
(5) Maximize engagement with the APS client, and;
(6) Permit APS the emergency use of APS funds to buy goods and services;
(7) Permit APS to seek emergency protective action only as appropriate and necessary as a measure of last resort to protect the life and safety of the client.
(d) Methods to make findings on allegations and record case findings, including:
(1) Ability for APS programs to consult with appropriate experts, other team members, and supervisors;
(2) Protocols for the standards of evidence APS should apply when making a finding on allegations.
(e) Provision of and/or referral to services, as appropriate, that:
(1) Respect the autonomy and authority of clients to make their own life choices;
(2) Respect the client's views about safety, quality of life, and success;
(3) Develop any service plan or referrals in consultation with the client;
(4) Engage community partners through referrals for services or purchase of services where services are not directly provided by APS, and;
(f) Case handling criteria that:
(1) Establish timeframes for on-going review of open cases;
(2) Establish a reasonable length of time by which investigations should be completed and findings be made; and
(3) Document, at a minimum:
(i) The APS response;
(ii) Significant changes in client status;
(iii) Assessment of safety and risk at case closure; and
(iv) The reason to close the case.

45 C.F.R. §1324.403

89 FR 39528 , 6/7/2024