In this title the following words have the meanings indicated. “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. “Director” means the director of the local department in the county where the vulnerable adult lives. “Disabled person” has the meaning stated in § 13–101(e) of the Estates and Trusts Article. “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. “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. “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, § 13–516 of the Education Article. “Health practitioner does not include an emergency medical dispatcher, as defined in § 13–516 of the Education Article. “Human service worker” means any professional employee of any public or private health or social services agency or provider. “Human service worker” includes: any social worker; and any caseworker. “Indicated” means a finding that it is more likely than not that: the individual is a vulnerable adult; abuse, neglect, self–neglect, or exploitation has occurred; and the individual is at risk of harm. “Law enforcement agency” means a State, county, or municipal police department, bureau, or agency. Except as provided in §§ 14–201, 14–402, and 14–403 of this title, “local department” means the local department that has jurisdiction in the county: where the vulnerable adult lives; for purposes of a notice received under § 11–307 of the Corporations and Associations Article, where an individual who is at least 65 years old lives; or where the abuse is alleged to have taken place. “Local State’s Attorney” means the State’s Attorney for the county: where the vulnerable adult lives; or where the abuse is alleged to have taken place. “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. “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. “Not indicated” means a finding that it is more likely than not that: the individual is not a vulnerable adult; abuse, neglect, self–neglect, or exploitation has not occurred; or the individual is not at risk of harm. “Police officer” means any State or local officer who is authorized to make arrests as part of the officer’s official duty. “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. “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. “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. “Review board” means the adult public guardianship review board. “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. “Secretary” means the Secretary of Human Services. “Self–neglect” means the inability of a vulnerable adult to provide the vulnerable adult with the services: that are necessary for the vulnerable adult’s physical and mental health; and the absence of which impairs or threatens the vulnerable adult’s well–being. “Sexual abuse” means nonconsensual sexual interaction with a vulnerable adult. “Sexual abuse” includes: incest; rape; sexual offense in any degree; and any other sexual conduct that is a crime. “Undetermined” means a finding that there is insufficient information to determine whether: the individual is a vulnerable adult; abuse, neglect, self–neglect, or exploitation has occurred; or the individual is at risk of harm. “Vulnerable adult” means an adult who lacks the physical or mental capacity to provide for the adult’s daily needs.

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. 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.

This title does not apply to: the abuse of a patient in a mental health facility, under Title 10 of the Health – General Article; the abuse of a patient in a facility for individuals with an intellectual disability under Title 7 of the Health – General Article; the abuse of a patient in a nursing home under Title 19 of the Health – General Article; or the abuse of a patient in a hospital under Title 19 of the Health – General Article.

This title does not prevent any appropriation of additional funds by any county, including Baltimore City, for adult protective services. The services provided under this title are supplementary to any services provided under the Older Americans Act.