The 12 month placement limit is the maximum period a Part 2 court order may authorize. The clock begins on the date the undercover agent or informant is placed on site within the program. Placement ends after 12 months unless a new court order extends it. The order, rather than an internal project date, controls authority.
Editorial approval scope: The team checked current source fidelity, scope boundaries, dates, arithmetic, reader usefulness, practical workflow, and general-information limitations.
Current rule checkpoint
Live 42 CFR 2.67(d)(2) requires an undercover-placement order to limit the total placement period to 12 months beginning when the undercover agent or informant is placed on site within the Part 2 program. Placement must end after 12 months unless a new court order extends the period. The actual on-site start controls the clock.
The on-site event starts the clock
42 CFR 2.67 ties duration to the date placed on site. Record the court order, authorized person and role, program site, on-site start event, time zone, calculated end date, pauses, departures, reentries, and responsible agency owner.
Twelve months is an outer limit
The order may authorize a shorter period or impose earlier stop conditions. Calendar controls should reflect the actual order. An investigative plan, vendor assignment, employment date, credential date, or delayed activity does not independently extend court authority.
Extension requires a new order
Start review early enough to assess current evidence, need, injury, alternatives, incidents, confidentiality, and scope. Preserve the new application, findings, order, effective date, and any gap between authorities. End access when current authority expires.
Define the on-site start event
Record the date and time the agent or informant first enters the program on site in the authorized employee or patient role. Preserve order version, location, role, onboarding record, handler confirmation, badge or access activation, and supporting operational evidence. Distinguish application, order entry, training, remote preparation, credentialing, and first on-site placement.
Counsel should resolve uncertainty before activity continues. Avoid choosing a later administrative date to shorten the recorded elapsed period.
Calculate and verify the end
Enter the maximum 12-month end based on the verified on-site start and the court's terms. Use a second-person check and counsel-approved calendar convention. Set earlier alerts for operational review, evidence status, risk, termination planning, and any decision to seek a new order.
Display the approved period in case management, access control, handler plans, and leadership dashboards without exposing patient identity or sealed details.
Track continuous placement scope
Monitor location, role, shifts, leave, temporary absence, program transfer, remote work, access, patient status, and reentry. Do not assume a pause restarts the federal clock or that a role change falls within the same authorization. Qualified counsel should interpret the order and seek court direction when facts diverge.
Link every report and collected item to activity within the authorized period and scope.
Obtain a new order before extension
If more time is sought, start review early enough for current evidence, alternatives, injury, safeguards, director-notice treatment, and court process. A request, pending application, internal approval, or operational need does not extend placement. Confirm the new order is entered before the old period ends and abstract its exact terms.
When no timely new order exists, end the placement and disable operational access by the deadline.
Close the placement completely
Document the final on-site activity, handler instruction, credential and device return, account shutdown, patient-role or employment closure, record transfer, report completion, testimony controls, retention, sealing, and incident review. Reconcile contractors and vendors that supported the operation.
Continue patient-information and patient-use restrictions after placement ends. The end of physical presence does not release protected records for another purpose.
Govern multiple sites and role changes
Record every authorized program site and the first on-site activity at each location, then follow counsel's interpretation of the entered order's single total period. A transfer, promotion, new patient episode, leave, or handler change should not silently create another clock. Pause activity that exceeds the authorized role or place until the court terms are resolved.
Example with placement clocks
Seven active placement records are reviewed. Six have a verified on-site start, exact end, advance review date, and automatic access stop; one uses the application date. Clock readiness is 6 of 7 records.
Owner controls
The 2024 final rule retains the limit. Use dual calendar owners, advance alerts, order abstraction, on-site proof, system expiration, physical-access closure, extension evidence, and final termination confirmation.
Twelve-month-control checklist
- verify the actual first on-site placement event and supporting evidence;
- calculate the maximum end with independent review and early alerts;
- track role, location, access, pauses, transfers, and scope changes;
- obtain and abstract a new court order before any extension;
- terminate presence, credentials, systems, devices, and collection on time; and
- preserve information-use, patient-use, sealing, retention, and closure controls.
The clock follows actual on-site placement. Administrative dates and operational pauses should never create an unsupported extension.
Related terms
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