To implement the policy set out in § 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.

The adult protective services program shall include: intake and investigative services including, if appropriate, medical, social, and psychiatric evaluation; planning for the needs of the recipient of services; assistance to locate, apply for, and effectively use home care, day care, chore services, transportation, counseling, emergency arrangements, and other health and social services; cooperation with the courts, including provision of any necessary recommendations, reports, or petitions; 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; 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 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. 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.

The director may contract with any public or private organization to provide protective services. The director may not contract with any other person to act as guardian of the person of a disabled individual.

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. An individual may not be charged a fee for protective services if: federal law or federal regulations prohibit an income eligibility test for the protective service; or the recipient is eligible for continuing financial aid under: the federal program of Supplemental Security Income; the federal-State program of temporary cash assistance; or the State program of transitional emergency, medical, and housing assistance.

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