§ 1324.401 Definitions. As used in this part, the term— *Abuse* means the knowing infliction of physical or psychological harm or the knowing deprivation of goods or services that are necessary to meet essential needs or to avoid physical or psychological harm.
*Adult* means older adults and adults with disabilities as defined by State APS laws.
*Adult maltreatment* means the abuse, neglect, financial exploitation, or sexual abuse of an adult at-risk of harm.
*Adult Protective Services (APS)* means such activities and services the Assistant Secretary for Aging may specify in guidance and includes: ( 1 ) Receiving reports of adult abuse, neglect, financial exploitation, sexual abuse, and/or self-neglect;
( 2 ) Investigating the reports described in paragraph (1) of this definition;
( 3 ) Case planning, monitoring, evaluation, and other case work and services, and;
( 4 ) Providing, arranging for, or facilitating the provision of medical, social services, economic, legal, housing, law enforcement, or other protective, emergency, or supportive services.
*Adult Protective Services Program* means local Adult Protective Services providers within an Adult Protective Services system.
*Adult Protective Services Systems* means the totality of the State entities and the local APS programs.
*Allegation* means an accusation of adult maltreatment and/or self-neglect about each adult in a report made to APS.
*At risk of harm* means the strong likelihood that an adult will imminently experience an event, condition, injury, or other outcome that is adverse or detrimental.
*Assistant Secretary for Aging* means the position identified in section 201(a) of the Older Americans Act (OAA), 42 U.S.C. 3002(7).
*Case* means all activities related to an APS investigation of, and response to, an allegation of adult maltreatment and/or self-neglect.
*Client* means an adult who is the subject of an APS response regarding a report of alleged adult maltreatment and/or self-neglect.
*Conflict of interest* means a situation that interferes with a program or program employee or representative's ability to provide objective information or act in the best interests of the adult.
*Dual relationship* means a relationship in which an APS worker assumes one or more professional, personal, or volunteer roles in addition to their role as an APS worker at the same time, or sequentially, with a client.
*Emergency Protective Action* means immediate access to petition the court for temporary or emergency orders or emergency out-of-home placement.
*Financial exploitation* means the fraudulent or otherwise illegal, unauthorized, or improper act or process of a person, including a caregiver or fiduciary, that uses the resources of an adult for monetary or personal benefit, profit, or gain, or that results in depriving an adult of rightful access to, or use of, their benefits, resources, belongings, or assets.
*Finding* means the decision made by APS after investigation that evidence is or is not sufficient under State law to determine adult maltreatment and/or self-neglect has occurred.
Intake or Pre-Screening means the APS process of receiving allegations of adult maltreatment or self-neglect and gathering information on the reports, the alleged victim, and the alleged perpetrator.
*Investigation* means the process by which APS examines and gathers information about a possible allegation of adult maltreatment and/or self-neglect to determine if the circumstances of the allegation meet the State's standards of evidence for a finding.
*Mandated reporter* means someone who works with an adult in the course of their professional duties and who is required by State law to report suspected adult maltreatment or self-neglect to APS.
*Neglect* means the failure of a caregiver or fiduciary to provide the goods or services that are necessary to maintain the health and/or safety of an adult.
*Perpetrator* means the person determined by APS to be responsible for one or more instances of adult maltreatment.
*Quality assurance* means the process by which APS programs ensure investigations meet or exceed established standards, and includes: ( 1 ) Thorough documentation of all investigation and case management activities;
( 2 ) Review and approval of case closure; and
( 3 ) Conducting a case review process.
*Report* means a formal account or statement made to APS regarding an allegation or multiple allegations of adult maltreatment and/or self-neglect and the relevant circumstances concerning the allegation or allegations.
*Response* means the range of actions and activities undertaken as the result of a report received by APS.
*Screening* means a process whereby APS carefully reviews the intake information to determine if the report of adult maltreatment meets the minimum requirements to be opened for investigation by APS, or if the report should be referred to a service or program other than APS.
*Self-neglect* means a serious risk of imminent harm to oneself or other created by an adult's inability, due to a physical or mental impairment or diminished capacity, to perform essential self-care tasks, including at least one of the following: ( 1 ) Obtaining essential food, clothing, shelter, and medical care;
( 2 ) Obtaining goods and services necessary to maintain physical health, mental health, or general safety; or,
( 3 ) Managing one's own financial affairs.
*Sexual abuse* means the non-consensual sexual interaction (touching and non-touching acts) of any kind with an adult.
*State entity* means the unit or units of State, District of Columbia, or U.S. Territorial government designated as responsible for APS programs, including through the establishment and enforcement of policies and procedures, and that receive(s) Federal grant funding under section 2042(b) of the EJA, 42 U.S.C. 1397m-1(b).
*Victim* means an adult who has experienced adult maltreatment.