---
kind: "section"
citation: "45 C.F.R. § 1324.403"
title: "45"
number: "1324.403"
heading: "APS response."
url: "https://uscodex.org/cfr/45/1324.403"
---

# §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.**

## 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.