View all text of Part II [§ 1397m - § 1397m-5]
§ 1397m–1. Adult protective services functions and grant programs
(a) Secretarial responsibilities
(1) In general
The Secretary shall ensure that the Department of Health and Human Services—
(A) provides funding authorized by this part to State and local adult protective services offices that investigate reports of the abuse, neglect, and exploitation of elders;
(B) collects and disseminates data annually relating to the abuse, exploitation, and neglect of elders in coordination with the Department of Justice;
(C) develops and disseminates information on best practices regarding, and provides training on, carrying out adult protective services;
(D) conducts research related to the provision of adult protective services; and
(E) provides technical assistance to States and other entities that provide or fund the provision of adult protective services, including through grants made under subsections (b) and (c).
(2) Authorization of appropriations
(b) Grants to enhance the provision of adult protective services
(1) Establishment
(2) Amount of payment
(A) In general
(B) Guaranteed minimum payment amount
(i) 50 States
(ii) Territories
(C) Pro rata reductions
(3) Authorized activities
(A) Adult protective services
(B) Use by agency
(C) Supplement not supplant
(4) State reports
(5) Authorization of appropriations
(c) State demonstration programs
(1) Establishment
(2) Demonstration programs
Funds made available pursuant to this subsection may be used by States and local units of government (and the highest courts of States, in the case of demonstration programs described in subparagraph (E)) to conduct demonstration programs that test—
(A) training modules developed for the purpose of detecting or preventing elder abuse;
(B) methods to detect or prevent financial exploitation of elders;
(C) methods to detect elder abuse;
(D) whether training on elder abuse forensics enhances the detection of elder abuse by employees of the State or local unit of government;
(E) subject to paragraph (3), programs to assess the fairness, effectiveness, timeliness, safety, integrity, and accessibility of adult guardianship and conservatorship proceedings, including 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 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 of protected persons; or
(F) other matters relating to the detection or prevention of elder abuse.
(3) Requirements for court-appointed guardianship oversight demonstration programs
(A) Award of grants
(B) Collaboration
(4) Application
(5) State reports
(6) Authorization of appropriations
(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.)