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.

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: notify the local department; and 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. An ombudsman, as defined in § 10–901 of the Human Services Article, shall comply with 42 U.S.C. § 3058g(d)(2) and may not disclose the identity of a resident or complainant except as authorized under 42 U.S.C. § 3058g(d)(2). An individual who is required to make a report under subsection (a) of this section shall make the report as soon as possible: by telephone; by direct communication; by entering information in an online reporting portal; in writing to the local department; or by calling the statewide reporting hotline. 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. Insofar as is reasonably possible, an individual who makes a report under this section shall include in the report the following information: the name, age, and home address of the alleged vulnerable adult; the name and home address of the person responsible for the care of the alleged vulnerable adult; the whereabouts of the alleged vulnerable adult; the nature of the alleged vulnerable adult’s incapacity; 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 any other information that would help to determine: the cause of the suspected abuse, neglect, self–neglect, or exploitation; and the identity of any individual responsible for the abuse, neglect, or exploitation.

To protect the welfare of the alleged vulnerable adult the local department shall begin a thorough investigation: within 5 working days after the receipt of the report of suspected abuse, neglect, self–neglect, or exploitation; or 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. The investigation shall include: a determination of whether: the individual is a vulnerable adult; there has been abuse, neglect, self–neglect, or exploitation; and the individual is at risk of harm; and 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: a determination of the nature, extent, and cause of the abuse, neglect, self–neglect, or exploitation; a determination of the identity of the person or persons responsible for the abuse, neglect, self–neglect, or exploitation; an evaluation of the home environment; and a determination of any other pertinent facts. On request by the local department, the local State’s Attorney or the appropriate law enforcement agency shall assist in the investigation. 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. As appropriate in an investigation, the local department may request the assistance of a federal law enforcement officer, as defined in § 2–104 of the Criminal Procedure Article. Any agencies set out in this subsection may jointly agree to cooperative arrangements for investigation. The local department shall complete an investigation and make an indicated, not indicated, or undetermined finding within 60 days. Parties participating in an investigation may share pertinent client information relevant to the investigation.

If, in the course of an investigation under § 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. A police officer shall: accompany the representative; and if the police officer agrees that an emergency exists as described in § 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 § 13–709(a) of the Estates and Trusts Article.

Based on the investigation under this subtitle, the local department shall: 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; as appropriate, involve the local office on aging; 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 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.

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. If the individual is unwilling or unable to accept protective services voluntarily, the director may petition the court for: an emergency order for protective services under Title 13, Subtitle 7 of the Estates and Trusts Article; the appointment of a guardian of the person under Title 13, Subtitle 7 of the Estates and Trusts Article; or the appointment of a guardian of the property under Title 13, Subtitle 2 of the Estates and Trusts Article. The director shall submit with any petition filed under this section the findings of the investigation under § 14-303 of this subtitle, including: an evaluation of the medical, psychiatric, and social factors that affect the individual’s condition; and a description of recommended services. 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. If, as a result of a proceeding that the director institutes under this subtitle, the court appoints the director as guardian, the guardianship: shall transfer automatically to each individual who becomes director, unless the court terminates the guardianship; and may not be delegated to any other person.

Subject to the provisions of subsection (b) of this section, the identity of any person who makes a report under § 14–302 of this subtitle shall be confidential. The identity of a person who makes a report under § 14–302 of this subtitle may be disclosed if: the person consents; the court orders the disclosure; or the disclosure occurs in accordance with § 1–201 of the Human Services Article.

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 § 5–622 of the Courts Article.