---
kind: "section"
citation: "45 C.F.R. § 1324.402"
title: "45"
number: "1324.402"
heading: "Program administration."
url: "https://uscodex.org/cfr/45/1324.402"
---

# §1324.402. Program administration.

- (a) The State entity shall establish definitions for APS systems that:
  - (1) Define the populations eligible for APS;
  - (2) Define the specific elements of adult maltreatment and self-neglect that render an adult eligible for APS;
  - (3) Define the alleged perpetrators who are subject to APS investigations in the State; and
  - (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) State entities are not required to uniformly adopt the regulatory definitions in [§ 1324.401](/cfr/45/1324.401.md), but State definitions may not narrow the scope of adults eligible for APS or services provided.
- (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) Incorporate principles of person-directed services and planning and reliance upon least restrictive alternatives; and
  - (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](/cfr/45/1324.403.md), including:
    - (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.
      - (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.
      - (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.
- (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) The right to confidentiality of personal information;
  - (2) The right to refuse to speak to APS; and
  - (3) The right to refuse APS services;
- (d) Information shall be provided in a format and language understandable by the adult, and in alternative formats as needed.
- (e) The State entity shall establish policies and procedures for the staffing of APS systems that include:
  - (1) Staff training and on-going education, including training on conflicts of interest; and
  - (2) **Staff supervision.**

## Notes

### Authority

Authority: 42 U.S.C. 3011(e)(3); 42 U.S.C. 1397m-1.

### Source

Source: 89 FR 39528, May 8, 2024, unless otherwise noted.

### Authority

Authority: 2 U.S.C. 3001 et seq and 42 U.S.C. 1394m.

### Source

Source: 89 FR 11688, Feb. 14, 2024, unless otherwise noted.