# Family Law (GFL)

## Title 14. Adult Protective Services

### Subtitle 1. Definitions and General Provisions

#### Section 14-101

(a) In this title the following words have the meanings indicated.

(b) "Abuse" means the sustaining of any physical injury, psychological harm, or sexual abuse by a vulnerable adult as a result of cruel or inhumane treatment or as a result of a malicious act by an individual in a relationship of trust with the vulnerable adult.

(c) "Director" means the director of the local department in the county where the vulnerable adult lives.

(d) "Disabled person" has the meaning stated in Sec. 13-101(e) of the Estates and Trusts Article.

(e) "Emergency" means any condition in which an individual is living that presents a substantial risk of death or immediate and serious physical harm to the individual or others.

(f) "Exploitation" means any action which involves the nonconsensual misuse of a vulnerable adult's funds or property by an individual in a relationship of trust with the vulnerable adult.

(g)

  (1) "Health practitioner" includes any person who is authorized to practice healing under the Health Occupations Article or, except as provided in paragraph (2) of this subsection, Sec. 13-516 of the Education Article.

  (2) "Health practitioner does not include an emergency medical dispatcher, as defined in Sec. 13-516 of the Education Article.

(h)

  (1) "Human service worker" means any professional employee of any public or private health or social services agency or provider.

  (2) "Human service worker" includes:

    (i) any social worker; and

    (ii) any caseworker.

(i) "Indicated" means a finding that it is more likely than not that:

  (1) the individual is a vulnerable adult;

  (2) abuse, neglect, self-neglect, or exploitation has occurred; and

  (3) the individual is at risk of harm.

(j) "Law enforcement agency" means a State, county, or municipal police department, bureau, or agency.

(k) Except as provided in Sec.Sec. 14-201, 14-402, and 14-403 of this title, "local department" means the local department that has jurisdiction in the county:

  (1) where the vulnerable adult lives;

  (2) for purposes of a notice received under Sec. 11-307 of the Corporations and Associations Article, where an individual who is at least 65 years old lives; or

  (3) where the abuse is alleged to have taken place.

(l) "Local State's Attorney" means the State's Attorney for the county:

  (1) where the vulnerable adult lives; or

  (2) where the abuse is alleged to have taken place.

(m)

  (1) "Neglect" means the willful deprivation of a vulnerable adult of adequate food, clothing, essential medical treatment or habilitative therapy, shelter, or supervision by an individual in a relationship of trust with the vulnerable adult.

  (2) "Neglect" does not include the providing of nonmedical remedial care and treatment for the healing of injury or disease, with the consent of the vulnerable adult, recognized by State law instead of medical treatment.

(n) "Not indicated" means a finding that it is more likely than not that:

  (1) the individual is not a vulnerable adult;

  (2) abuse, neglect, self-neglect, or exploitation has not occurred; or

  (3) the individual is not at risk of harm.

(o) "Police officer" means any State or local officer who is authorized to make arrests as part of the officer's official duty.

(p) "Psychological harm" means the observable, identifiable, and substantial impairment of a vulnerable adult's ability to function due to severe emotional distress caused by an intentional act or series of acts.

(q)

  (1) "Relationship of trust" means a relationship that includes a rational expectation that a relative, friend, household member, caregiver, or other person with whom a relationship exists should be relied on to protect the interests of a vulnerable adult or provide for the vulnerable adult's care.

  (2) "Relationship of trust" includes a relationship in which the rational expectation described in paragraph (1) of this subsection is based on an assumption of responsibility for care and protection of the vulnerable adult or on a legal or social convention.

(r) "Review board" means the adult public guardianship review board.

(s) "Risk of harm" means the strong likelihood that an individual will imminently experience an event, condition, injury, or other outcome that is adverse or detrimental to the individual.

(t) "Secretary" means the Secretary of Human Services.

(u) "Self-neglect" means the inability of a vulnerable adult to provide the vulnerable adult with the services:

  (1) that are necessary for the vulnerable adult's physical and mental health; and

  (2) the absence of which impairs or threatens the vulnerable adult's well-being.

(v)

  (1) "Sexual abuse" means nonconsensual sexual interaction with a vulnerable adult.

  (2) "Sexual abuse" includes:

    (i) incest;

    (ii) rape;

    (iii) sexual offense in any degree; and

    (iv) any other sexual conduct that is a crime.

(w) "Undetermined" means a finding that there is insufficient information to determine whether:

  (1) the individual is a vulnerable adult;

  (2) abuse, neglect, self-neglect, or exploitation has occurred; or

  (3) the individual is at risk of harm.

(x) "Vulnerable adult" means an adult who lacks the physical or mental capacity to provide for the adult's daily needs.

#### Section 14-102

(a) It is the policy of the State that adults who lack the physical or mental capacity to care for their basic daily living needs shall have access to and be provided with needed professional services sufficient to protect their health, safety, and welfare.

(b) The General Assembly intends that the provisions for appointment of public officials as guardian of the person be used sparingly and with utmost caution and only if an alternative does not exist.

#### Section 14-103

This title does not apply to:

(1) the abuse of a patient in a mental health facility, under Title 10 of the Health - General Article;

(2) the abuse of a patient in a facility for individuals with an intellectual disability under Title 7 of the Health - General Article;

(3) the abuse of a patient in a nursing home under Title 19 of the Health - General Article; or

(4) the abuse of a patient in a hospital under Title 19 of the Health - General Article.

#### Section 14-104

(a) This title does not prevent any appropriation of additional funds by any county, including Baltimore City, for adult protective services.

(b) The services provided under this title are supplementary to any services provided under the Older Americans Act.

### Subtitle 2. Adult Protective Services Program

#### Section 14-201

To implement the policy set out in Sec. 14-102 of this title, the Secretary, with the advice of the Secretary of Health and the Secretary of Aging, shall develop, supervise, and cause each local department to implement a program of protective services for disabled individuals and vulnerable adults.

#### Section 14-202

(a) The adult protective services program shall include:

  (1) intake and investigative services including, if appropriate, medical, social, and psychiatric evaluation;

  (2) planning for the needs of the recipient of services;

  (3) assistance to locate, apply for, and effectively use home care, day care, chore services, transportation, counseling, emergency arrangements, and other health and social services;

  (4) cooperation with the courts, including provision of any necessary recommendations, reports, or petitions;

  (5) counsel to represent any indigent recipient of services in any protective proceeding or any review board hearing conducted under Subtitle 3 or Subtitle 4 of this title, and assistance to locate, apply for, and effectively use other legal assistance;

  (6) notification of and participation by the Secretary of Aging or the director of the local office on aging, as appropriate, as a party in any protective proceeding or review board hearing relating to an individual who is 65 years old or older; and

  (7) notification of the appropriate criminal or juvenile delinquency court if the program has information indicating that the interests of the person with a disability as a victim are not adequately protected in a case before the court.

(b) For adults 65 years old and over, the services of the protective services program shall be coordinated with the Department of Aging or the local office on aging as appropriate.

#### Section 14-203

(a) The director may contract with any public or private organization to provide protective services.

(b) The director may not contract with any other person to act as guardian of the person of a disabled individual.

#### Section 14-204

(a) Subject to the provisions of subsection (b) of this section, the Secretary shall establish a fee schedule based on financial ability to pay under which the individual who receives protective services, or the individual's legally responsible relative shall reimburse the federal, State, or local government for the services provided.

(b) An individual may not be charged a fee for protective services if:

  (1) federal law or federal regulations prohibit an income eligibility test for the protective service; or

  (2) the recipient is eligible for continuing financial aid under:

    (i) the federal program of Supplemental Security Income;

    (ii) the federal-State program of temporary cash assistance; or

    (iii) the State program of transitional emergency, medical, and housing assistance.

#### Section 14-205

The adult protective services program shall be funded as provided in the State budget.

### Subtitle 3. Investigation Provisions

#### Section 14-301

The provisions of this subtitle do not limit the responsibility of a law enforcement agency to enforce the laws of this State or preclude a law enforcement agency from reporting and investigating alleged criminal conduct.

#### Section 14-302

(a)

  (1) Except as provided in paragraph (2) of this subsection, notwithstanding any law on privileged communications, each health practitioner, police officer, or human service worker who contacts, examines, attends, or treats an alleged vulnerable adult, and who has reason to believe that the alleged vulnerable adult has been subjected to abuse, neglect, self-neglect, or exploitation shall:

    (i) notify the local department; and

    (ii) if acting as a staff member of a hospital or public health agency, immediately notify and give all the information required by this section to the head of the institution or the designee of the head.

  (2) An ombudsman, as defined in Sec. 10-901 of the Human Services Article, shall comply with 42 U.S.C. Sec. 3058g(d)(2) and may not disclose the identity of a resident or complainant except as authorized under 42 U.S.C. Sec. 3058g(d)(2).

(b) An individual who is required to make a report under subsection (a) of this section shall make the report as soon as possible:

  (1) by telephone;

  (2) by direct communication;

  (3) by entering information in an online reporting portal;

  (4) in writing to the local department; or

  (5) by calling the statewide reporting hotline.

(c) Any individual other than a health practitioner, human service worker, or police officer who has reason to believe that an alleged vulnerable adult has been subjected to abuse, neglect, self-neglect, or exploitation may file with the local department an oral or written report of the suspected abuse, neglect, self-neglect, or exploitation.

(d) Insofar as is reasonably possible, an individual who makes a report under this section shall include in the report the following information:

  (1) the name, age, and home address of the alleged vulnerable adult;

  (2) the name and home address of the person responsible for the care of the alleged vulnerable adult;

  (3) the whereabouts of the alleged vulnerable adult;

  (4) the nature of the alleged vulnerable adult's incapacity;

  (5) the nature and extent of the abuse, neglect, self-neglect, or exploitation of the alleged vulnerable adult, including evidence or information available to the reporter concerning previous injury possibly resulting from abuse, neglect, self-neglect, or exploitation; and

  (6) any other information that would help to determine:

    (i) the cause of the suspected abuse, neglect, self-neglect, or exploitation; and

    (ii) the identity of any individual responsible for the abuse, neglect, or exploitation.

#### Section 14-303

(a) To protect the welfare of the alleged vulnerable adult the local department shall begin a thorough investigation:

  (1) within 5 working days after the receipt of the report of suspected abuse, neglect, self-neglect, or exploitation; or

  (2) within 24 hours after the receipt of the report of suspected abuse, neglect, self-neglect, or exploitation if the report indicates that an emergency exists.

(b) The investigation shall include:

  (1) a determination of whether:

    (i) the individual is a vulnerable adult;

    (ii) there has been abuse, neglect, self-neglect, or exploitation; and

    (iii) the individual is at risk of harm; and

  (2) if the individual is determined to be a vulnerable adult, to have suffered abuse, neglect, self-neglect, or exploitation, and to be at risk of harm:

    (i) a determination of the nature, extent, and cause of the abuse, neglect, self-neglect, or exploitation;

    (ii) a determination of the identity of the person or persons responsible for the abuse, neglect, self-neglect, or exploitation;

    (iii) an evaluation of the home environment; and

    (iv) a determination of any other pertinent facts.

(c)

  (1) On request by the local department, the local State's Attorney or the appropriate law enforcement agency shall assist in the investigation.

  (2) As appropriate, the local office on aging or the Department of Aging, local geriatric evaluation service, or any other public or private agency, including a fiduciary institution, providing services or care to the alleged vulnerable adult or whose information or expertise may be of assistance in assessing risk or planning services may assist in the investigation on the request by the local department.

  (3) As appropriate in an investigation, the local department may request the assistance of a federal law enforcement officer, as defined in Sec. 2-104 of the Criminal Procedure Article.

  (4) Any agencies set out in this subsection may jointly agree to cooperative arrangements for investigation.

(d) The local department shall complete an investigation and make an indicated, not indicated, or undetermined finding within 60 days.

(e) Parties participating in an investigation may share pertinent client information relevant to the investigation.

#### Section 14-304

(a) If, in the course of an investigation under Sec. 14-303 of this subtitle, a representative of the local department believes that an emergency exists, the representative may contact the local law enforcement agency.

(b) A police officer shall:

  (1) accompany the representative; and

  (2) if the police officer agrees that an emergency exists as described in Sec. 13-709(a) of the Estates and Trusts Article, the officer shall ensure that the individual is transported to an appropriate health care facility under Sec. 13-709(a) of the Estates and Trusts Article.

#### Section 14-305

Based on the investigation under this subtitle, the local department shall:

(1) render or assist a vulnerable adult to receive the appropriate services in the best interests of the vulnerable adult under the program of adult protective services;

(2) as appropriate, involve the local office on aging;

(3) report to the appropriate local law enforcement agency any incident of abuse, neglect, or exploitation of an alleged vulnerable adult where the possibility of a crime being committed against the alleged vulnerable adult is indicated by information provided in the initial report to the local department or by information obtained in the course of investigation; and

(4) send to the local State's Attorney and the appropriate local law enforcement agency a report of the investigation of any incident of abuse, neglect, or exploitation of an alleged vulnerable adult which was or should have been reported to the appropriate local law enforcement agency under item (3) of this section.

#### Section 14-307

(a) If after the investigation under this subtitle the director determines that the individual requires protective services, with the individual's consent, the director shall provide the services.

(b) If the individual is unwilling or unable to accept protective services voluntarily, the director may petition the court for:

  (1) an emergency order for protective services under Title 13, Subtitle 7 of the Estates and Trusts Article;

  (2) the appointment of a guardian of the person under Title 13, Subtitle 7 of the Estates and Trusts Article; or

  (3) the appointment of a guardian of the property under Title 13, Subtitle 2 of the Estates and Trusts Article.

(c) The director shall submit with any petition filed under this section the findings of the investigation under Sec. 14-303 of this subtitle, including:

  (1) an evaluation of the medical, psychiatric, and social factors that affect the individual's condition; and

  (2) a description of recommended services.

(d) The director shall notify the Secretary of Aging or director of the local office on aging, as appropriate, of each guardianship proceeding that the director institutes under this subtitle that involves an individual who is 65 years old or older.

(e) If, as a result of a proceeding that the director institutes under this subtitle, the court appoints the director as guardian, the guardianship:

  (1) shall transfer automatically to each individual who becomes director, unless the court terminates the guardianship; and

  (2) may not be delegated to any other person.

#### Section 14-308

(a) Subject to the provisions of subsection (b) of this section, the identity of any person who makes a report under Sec. 14-302 of this subtitle shall be confidential.

(b) The identity of a person who makes a report under Sec. 14-302 of this subtitle may be disclosed if:

  (1) the person consents;

  (2) the court orders the disclosure; or

  (3) the disclosure occurs in accordance with Sec. 1-201 of the Human Services Article.

#### Section 14-309

Any person, including a fiduciary institution, who makes or participates in making a report under this subtitle or participates in an investigation or a judicial proceeding resulting from a report under this subtitle shall have the immunity from liability described under Sec. 5-622 of the Courts Article.

### Subtitle 4. Review Board

#### Section 14-401

(a) Except as provided in subsection (b) of this section, there shall be at least 1 review board in each county.

(b) Two or more counties may agree to establish a single multicounty review board.

#### Section 14-402

(a)

  (1) Each review board consists of 8 members recruited and appointed:

    (i) by the county commissioners;

    (ii) in Baltimore City, by the Mayor with the advice and consent of the City Council;

    (iii) in any county that has a county executive, by the county executive with the advice and consent of the county council; or

    (iv) if 2 or more counties have agreed to establish a multicounty review board, jointly by the appropriate officials of the counties served by the board.

  (2) Of the 8 members:

    (i) 1 shall be a professional representative of a local department;

    (ii)

      (1) In counties other than Charles County:

      (A) 1 shall be a physician's assistant, nurse practitioner, registered nurse, or physician who is not a psychiatrist; and

      (B) 1 shall be a psychiatrist, a psychiatric nurse practitioner, or a professional with expertise in prescribing or oversight of mental health medications; and

      (2) in Charles County:

      (A) 1 shall be a physician's assistant, nurse practitioner, or physician who is not a psychiatrist; and

      (B) 1 shall be a psychiatrist or physician's assistant or nurse practitioner in the field of psychiatry;

    (iii) 1 shall be a representative of a local commission on aging;

    (iv) 1 shall be a professional representative of a local nonprofit social service organization;

    (v) 1 shall be a lawyer;

    (vi) 1 shall be a lay individual; and

    (vii) 1 shall be a professional in the field of disabilities or a person with a disability.

(b)

  (1) Except as provided in paragraph (2) of this subsection, the term of a member is 3 years.

  (2) In Charles County, the term of a member is 4 years.

  (3) At the end of a term, a member may serve for another term on appointment.

  (4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

#### Section 14-403

(a) A member of a review board:

  (1) may not receive compensation; but

  (2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(b)

  (1) The local department shall provide the office space and personnel that the review board needs to perform its duties.

  (2) If 2 or more counties have agreed to establish a multicounty review board, the counties shall jointly designate the local department in one of the counties served by the review board to provide the office space and personnel that the review board needs to perform its duties.

#### Section 14-404

(a)

  (1)

    (i) Except as provided in subparagraph (ii) of this paragraph, at least every 6 months the review board shall review each guardianship that a public agency holds.

    (ii) At least once a year the review board shall review each guardianship that a public agency has held for more than 1 year.

    (iii) At least every 6 months the review board shall conduct a file review of each guardianship that a public agency has held for more than 1 year based on a written report to the board including the present place of residence and health status of the ward, the guardian's plan for preserving and maintaining the future well-being of the ward, the need for continuation or cessation of the guardianship or for any plans in altering the powers of the guardian, and the most recent dates of visits by the guardian or the guardian's designee.

  (2) The review board may review a case more frequently if:

    (i) the disabled individual, the disabled individual's guardian, or the disabled individual's attorney files a petition for review; or

    (ii) the review board, on its own motion, schedules a review.

(b)

  (1) Notwithstanding the provisions of Sec. 13-708(b)(8) of the Estates and Trusts Article, each time that the review board reviews a guardianship, the review board shall recommend that the guardianship be:

    (i) continued;

    (ii) modified; or

    (iii) terminated.

  (2) Notwithstanding that the review board recommends that a guardianship be continued, the court may order that the guardianship be modified or terminated.

(c) The disabled individual shall:

  (1) attend each review board hearing if the disabled individual is able to attend; and

  (2) be represented at each review board hearing by:

    (i) the lawyer that the disabled individual chooses; or

    (ii) a lawyer who is appointed by the court.

(d) Except for purposes of a judicial proceeding under this title, all records of the review board are confidential.

---

Md. Code Ann., Fam. Law (as displayed at mgaleg.maryland.gov, October 16, 2026)