45 CFR §1324.402

1. (a)The State entity shall establish definitions for APS systems that:
   1. (1)Define the populations eligible for APS;
   2. (2)Define the specific elements of adult maltreatment and self-neglect that render an adult eligible for APS;
   3. (3)Define the alleged perpetrators who are subject to APS investigations in the State; and
   4. (4)Define the settings and locations in which adults may experience adult maltreatment and self-neglect and be eligible for APS in the State.
   5. (5)State entities are not required to uniformly adopt the regulatory definitions in § 1324.401, but State definitions may not narrow the scope of adults eligible for APS or services provided.
2. (b)The State entity shall create, publish, and implement policies and procedures for APS systems to receive and respond to reports of adult maltreatment and self-neglect in a standardized fashion. Such policies and procedures, at a minimum, shall:
   1. (1)Incorporate principles of person-directed services and planning and reliance upon least restrictive alternatives; and
   2. (2)Define processes for receiving, screening, prioritizing, and referring cases based on risk and type of adult maltreatment and self-neglect consistent with § 1324.403, including:
      1. (i)Creation of at least a two-tiered response system for initial contact with the alleged victim based on immediate risk of death, irreparable harm, or significant loss of income, assets, or resources.
         1. (A)For immediate risk, the response should occur in person and no later than 24-four hours after receiving a report of adult maltreatment and/or self-neglect.
         2. (B)For non-immediate risk, response should occur no more than 7 calendar days after receiving a report of adult maltreatment and/or self-neglect.
3. (c)Upon first contact, APS systems shall provide to potential APS clients an explanation of their APS-related rights to the extent they exist under State law, including:
   1. (1)The right to confidentiality of personal information;
   2. (2)The right to refuse to speak to APS; and
   3. (3)The right to refuse APS services;
4. (d)Information shall be provided in a format and language understandable by the adult, and in alternative formats as needed.
5. (e)The State entity shall establish policies and procedures for the staffing of APS systems that include:
   1. (1)Staff training and on-going education, including training on conflicts of interest; and
   2. (2)Staff supervision.