StacksVerified U.S. regulatory reference

45 CFR §1324.403

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov
The State entity shall adopt standardized and systematic policies and procedures for APS response across and within the State including, at a minimum:
  1. (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;
  2. (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;
  3. (c)Practices during investigations to collect information and evidence to support findings on allegations, and service planning that will:
    1. (1)Recognize that acceptance of APS services is voluntary, except where mandated by State law;
    2. (2)Ensure the safety of APS client and worker;
    3. (3)Ensure the preservation of a client's rights;
    4. (4)Integrate principles of person-directedness and trauma-informed approaches;
    5. (5)Maximize engagement with the APS client, and;
    6. (6)Permit APS the emergency use of APS funds to buy goods and services;
    7. (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.
  4. (d)Methods to make findings on allegations and record case findings, including:
    1. (1)Ability for APS programs to consult with appropriate experts, other team members, and supervisors;
    2. (2)Protocols for the standards of evidence APS should apply when making a finding on allegations.
  5. (e)Provision of and/or referral to services, as appropriate, that:
    1. (1)Respect the autonomy and authority of clients to make their own life choices;
    2. (2)Respect the client's views about safety, quality of life, and success;
    3. (3)Develop any service plan or referrals in consultation with the client;
    4. (4)Engage community partners through referrals for services or purchase of services where services are not directly provided by APS, and;
  6. (f)Case handling criteria that:
    1. (1)Establish timeframes for on-going review of open cases;
    2. (2)Establish a reasonable length of time by which investigations should be completed and findings be made; and
    3. (3)Document, at a minimum:
      1. (i)The APS response;
      2. (ii)Significant changes in client status;
      3. (iii)Assessment of safety and risk at case closure; and
      4. (iv)The reason to close the case.