---
kind: "section"
citation: "42 U.S.C. § 1397m–1"
title: "42"
title_heading: "The Public Health and Welfare"
number: "1397m–1"
heading: "Adult protective services functions and grant programs"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/1397m-1"
units:
  - "Chapter 7 — Social Security"
  - "Subchapter XX — Block Grants and Programs for Social Services and Elder Justice"
  - "Division B — Elder Justice"
  - "Part II — Programs To Promote Elder Justice"
---

# §1397m–1. Adult protective services functions and grant programs

- (a) **Secretarial responsibilities—**
  - (1) **In general—** The [Secretary](/usc/42/1301.md?p=a-6) shall ensure that the Department of Health and Human Services—
    - (A) provides funding authorized by this part to [State](/usc/42/619.md?p=5) and local [adult protective services](/usc/42/1397j.md?p=2) offices that investigate reports of the [abuse](/usc/42/1397j.md?p=1), [neglect](/usc/42/1397j.md?p=16), and [exploitation](/usc/42/1397j.md?p=8) of [elders](/usc/42/1397j.md?p=5);
    - (B) collects and disseminates data annually relating to the [abuse](/usc/42/1397j.md?p=1), [exploitation](/usc/42/1397j.md?p=8), and [neglect](/usc/42/1397j.md?p=16) of [elders](/usc/42/1397j.md?p=5) in coordination with the Department of Justice;
    - (C) develops and disseminates information on best [practices](/usc/42/17061.md?p=19) regarding, and provides training on, carrying out [adult protective services](/usc/42/1397j.md?p=2);
    - (D) conducts research related to the provision of [adult protective services](/usc/42/1397j.md?p=2); and
    - (E) provides technical assistance to [States](/usc/42/619.md?p=5) and other entities that provide or fund the provision of [adult protective services](/usc/42/1397j.md?p=2), [including](/usc/42/1301.md?p=b) through [grants](/usc/42/1397j.md?p=10) made under subsections [(b)](#b) and [(c)](#c).
  - (2) **Authorization of appropriations—** There are authorized to be appropriated to carry out this subsection, $3,000,000 for [fiscal year](/usc/42/619.md?p=3) 2011 and $4,000,000 for each of [fiscal years](/usc/42/619.md?p=3) 2012 through 2014.
- (b) **Grants to enhance the provision of adult protective services—**
  - (1) **Establishment—** There is established an [adult protective services](/usc/42/1397j.md?p=2) [grant](/usc/42/1397j.md?p=10) program under which the [Secretary](/usc/42/1301.md?p=a-6) shall annually award [grants](/usc/42/1397j.md?p=10) to [States](/usc/42/619.md?p=5) in the amounts calculated under [paragraph (2)](#b-2) for the purposes of enhancing [adult protective services](/usc/42/1397j.md?p=2) provided by [States](/usc/42/619.md?p=5) and local units of government.
  - (2) **Amount of payment—**
    - (A) **In general—** Subject to the availability of appropriations and subparagraphs [(B)](#b-2-B) and [(C)](#b-2-C), the amount paid to a [State](/usc/42/619.md?p=5) for a [fiscal year](/usc/42/619.md?p=3) under the program under this subsection shall equal the amount appropriated for that year to carry out this subsection multiplied by the percentage of the total number of [elders](/usc/42/1397j.md?p=5) who reside in the [United States](/usc/42/1301.md?p=a-2) who reside in that [State](/usc/42/619.md?p=5).
    - (B) **Guaranteed minimum payment amount—**
      - (i) **50 States—** Subject to [clause (ii)](#b-2-B-ii), if the amount determined under [subparagraph (A)](#b-2-A) for a [State](/usc/42/619.md?p=5) for a [fiscal year](/usc/42/619.md?p=3) is less than 0.75 percent of the amount appropriated for such year, the [Secretary](/usc/42/1301.md?p=a-6) shall increase such determined amount so that the total amount paid under this subsection to the [State](/usc/42/619.md?p=5) for the year is equal to 0.75 percent of the amount so appropriated.
      - (ii) **Territories—** In the case of a [State](/usc/42/619.md?p=5) other than 1 of the 50 [States](/usc/42/619.md?p=5), [clause (i)](#b-2-B-i) shall be applied as if each reference to “0.75” were a reference to “0.1”.
    - (C) **Pro rata reductions—** The [Secretary](/usc/42/1301.md?p=a-6) shall make such pro rata reductions to the amounts described in [subparagraph (A)](#b-2-A) as are necessary to comply with the requirements of [subparagraph (B)](#b-2-B).
  - (3) **Authorized activities—**
    - (A) **Adult protective services—** Funds made available pursuant to this subsection may only be used by [States](/usc/42/619.md?p=5) and local units of government to provide [adult protective services](/usc/42/1397j.md?p=2) and may not be used for any other purpose.
    - (B) **Use by agency—** Each [State](/usc/42/619.md?p=5) receiving funds pursuant to this subsection shall provide such funds to the [agency](/usc/42/1397n–12.md?p=1) or unit of [State](/usc/42/619.md?p=5) government having legal responsibility for providing [adult protective services](/usc/42/1397j.md?p=2) within the [State](/usc/42/619.md?p=5).
    - (C) **Supplement not supplant—** Each [State](/usc/42/619.md?p=5) or local unit of government shall use funds made available pursuant to this subsection to supplement and not supplant other Federal, [State](/usc/42/619.md?p=5), and local public funds expended to provide [adult protective services](/usc/42/1397j.md?p=2) in the [State](/usc/42/619.md?p=5).
  - (4) **State reports—** Each [State](/usc/42/619.md?p=5) receiving funds under this subsection shall submit to the [Secretary](/usc/42/1301.md?p=a-6), at such time and in such manner as the [Secretary](/usc/42/1301.md?p=a-6) may require, a report on the number of [elders](/usc/42/1397j.md?p=5) served by the [grants](/usc/42/1397j.md?p=10) awarded under this subsection.
  - (5) **Authorization of appropriations—** There are authorized to be appropriated to carry out this subsection, $100,000,000 for each of [fiscal years](/usc/42/619.md?p=3) 2011 through 2014.
- (c) **State demonstration programs—**
  - (1) **Establishment—** The [Secretary](/usc/42/1301.md?p=a-6) shall award [grants](/usc/42/1397j.md?p=10) to [States](/usc/42/619.md?p=5) (and, in the case of demonstration programs described in [paragraph (2)(E)](#c-2-E), to the highest courts of [States](/usc/42/619.md?p=5)) for the purposes of conducting demonstration programs in accordance with [paragraph (2)](#c-2).
  - (2) **Demonstration programs—** Funds made available pursuant to this subsection may be used by [States](/usc/42/619.md?p=5) and local units of government (and the highest courts of [States](/usc/42/619.md?p=5), in the case of demonstration programs described in [subparagraph (E)](#c-2-E)) to conduct demonstration programs that test—
    - (A) training modules developed for the purpose of detecting or preventing [elder](/usc/42/1397j.md?p=5) [abuse](/usc/42/1397j.md?p=1);
    - (B) methods to detect or prevent financial [exploitation](/usc/42/1397j.md?p=8) of [elders](/usc/42/1397j.md?p=5);
    - (C) methods to detect [elder](/usc/42/1397j.md?p=5) [abuse](/usc/42/1397j.md?p=1);
    - (D) whether training on [elder](/usc/42/1397j.md?p=5) [abuse](/usc/42/1397j.md?p=1) forensics enhances the detection of [elder](/usc/42/1397j.md?p=5) [abuse](/usc/42/1397j.md?p=1) by employees of the [State](/usc/42/619.md?p=5) or local unit of government;
    - (E) subject to [paragraph (3)](#c-3), programs to assess the fairness, effectiveness, timeliness, safety, integrity, and accessibility of [adult](/usc/42/619.md?p=1) [guardianship](/usc/42/1397j.md?p=11) and conservatorship proceedings, [including](/usc/42/1301.md?p=b) the appointment and the monitoring of the performance of court-appointed guardians and conservators, and to implement changes deemed necessary as a result of the assessments such as mandating background checks for all potential guardians and conservators, and implementing systems to enable the annual accountings and other required conservatorship and [guardianship](/usc/42/1397j.md?p=11) filings to be completed, filed, and reviewed electronically in order to simplify the filing process for conservators and guardians and better enable courts to identify discrepancies and detect fraud and the [exploitation](/usc/42/1397j.md?p=8) of protected [persons](/usc/42/1301.md?p=a-3); or
    - (F) other matters relating to the detection or prevention of [elder](/usc/42/1397j.md?p=5) [abuse](/usc/42/1397j.md?p=1).
  - (3) **Requirements for court-appointed guardianship oversight demonstration programs—**
    - (A) **Award of grants—** In awarding [grants](/usc/42/1397j.md?p=10) to the highest courts of [States](/usc/42/619.md?p=5) for demonstration programs described in [paragraph (2)(E)](#c-2-E), the [Secretary](/usc/42/1301.md?p=a-6) shall consider the recommendations of the Attorney General and the [State](/usc/42/619.md?p=5) Justice Institute, as established by [section 10702 of this title](/usc/42/10702.md).
    - (B) **Collaboration—** The highest court of a [State](/usc/42/619.md?p=5) awarded a [grant](/usc/42/1397j.md?p=10) to conduct a demonstration program described in [paragraph (2)(E)](#c-2-E) shall collaborate with the [State](/usc/42/619.md?p=5) Unit on Aging for the [State](/usc/42/619.md?p=5) and the [Adult Protective Services](/usc/42/1397j.md?p=2) [agency](/usc/42/1397n–12.md?p=1) for the [State](/usc/42/619.md?p=5) in conducting the demonstration program.
  - (4) **Application—** To be eligible to receive a [grant](/usc/42/1397j.md?p=10) under this subsection, a [State](/usc/42/619.md?p=5) (and, in the case of demonstration programs described in [paragraph (2)(E)](#c-2-E), the highest court of a [State](/usc/42/619.md?p=5)) shall submit an application to the [Secretary](/usc/42/1301.md?p=a-6) at such time, in such manner, and containing such information as the [Secretary](/usc/42/1301.md?p=a-6) may require.
  - (5) **State reports—** Each [State](/usc/42/619.md?p=5) (or, in the case of demonstration programs described in [paragraph (2)(E)](#c-2-E), the highest court of a [State](/usc/42/619.md?p=5)) that receives funds under this subsection shall submit to the [Secretary](/usc/42/1301.md?p=a-6) a report at such time, in such manner, and containing such information as the [Secretary](/usc/42/1301.md?p=a-6) may require on the results of the demonstration program conducted by the [State](/usc/42/619.md?p=5) (or, in the case of demonstration programs described in [paragraph (2)(E)](#c-2-E), the highest court of a [State](/usc/42/619.md?p=5)) using funds made available under this subsection.
  - (6) **Authorization of appropriations—** There are authorized to be appropriated to carry out this subsection, $25,000,000 for each of [fiscal years](/usc/42/619.md?p=3) 2011 through 2014.

## Source credit

(Aug. 14, 1935, ch. 531, title XX, § 2042, as added Pub. L. 111–148, title VI, § 6703(a)(1)(C), Mar. 23, 2010, 124 Stat. 794; amended Pub. L. 115–70, title V, § 501, Oct. 18, 2017, 131 Stat. 1215.)

## Notes

### Editorial Notes

### Amendments

2017—Subsec. (c)(1). Pub. L. 115–70, § 501(1), inserted “(and, in the case of demonstration programs described in paragraph (2)(E), to the highest courts of States)” after “States”.

Subsec. (c)(2). Pub. L. 115–70, § 501(2)(A), inserted “(and the highest courts of States, in the case of demonstration programs described in subparagraph (E))” after “local units of government” in introductory provisions.

Subsec. (c)(2)(E), (F). Pub. L. 115–70, § 501(2)(B)–(D), inserted subpar. (E) and redesignated former subpar. (E) as (F).

Subsec. (c)(3). Pub. L. 115–70, § 501(4), added par. (3). Former par. (3) redesignated (4).

Subsec. (c)(4). Pub. L. 115–70, § 501(3), (5), redesignated par. (3) as (4) and inserted “(and, in the case of demonstration programs described in paragraph (2)(E), the highest court of a State)” after “a State”. Former par. (4) redesignated (5).

Subsec. (c)(5). Pub. L. 115–70, § 501(3), (6), redesignated par. (4) as (5) and inserted “(or, in the case of demonstration programs described in paragraph (2)(E), the highest court of a State)” after “State” in two places. Former par. (5) redesignated (6).

Subsec. (c)(6). Pub. L. 115–70, § 501(3), redesignated par. (5) as (6).