Adult Protective Services – Modifications

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0282*

HOUSE BILL 282
D4, O2 6lr0024
(PRE–FILED) CF SB 182
By: Chair, Judiciary Committee (By Request – Departmental – Human Services)
Requested: September 18, 2025
Introduced and read first time: January 14, 2026
Assigned to: Judiciary
Committee Report: Favorable
House action: Adopted
Read second time: March 4, 2026

CHAPTER ______

AN ACT concerning 1

Adult Protective Services – Modifications 2

FOR the purpose of altering provisions relating to the reporting and investigation of abuse, 3
neglect, self–neglect, and exploitation of vulnerable adults; and generally relating to 4
adult protective services. 5

BY repealing and reenacting, with amendments, 6
Article – Family Law 7
Section 14–101, 14–302, and 14–303 8
Annotated Code of Maryland 9
(2019 Replacement Volume and 2025 Supplement) 10

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12

Article – Family Law 13

14–101. 14

(a) In this title the following words have the meanings indicated. 15

(b) “Abuse” means the sustaining of any physical injury , PSYCHOLOGICAL 16
HARM, OR SEXUAL ABUSE by a vulnerable adult as a result of cruel or inhumane 17
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treatment or as a result of a malicious act by [any person ] AN INDIVIDUAL IN A 1
RELATIONSHIP OF TRUST WITH THE VULNERABLE ADULT. 2

(c) “Director” means the director of the local department in the county where the 3
vulnerable adult lives. 4

(d) “Disabled person” has the meaning stated in § 13 –101(e) of the Estates and 5
Trusts Article. 6

(e) “Emergency” means any condition in which an individual is living that 7
presents a substantial risk of death or immediate and serious physical harm to the 8
individual or others. 9

(f) “Exploitation” means any action which involves the NONCONSENSUAL 10
misuse of a vulnerable adult’s funds [,] OR property[, or person] BY AN INDIVIDUAL IN A 11
RELATIONSHIP OF TRUST WITH THE VULNERABLE ADULT. 12

(g) “Health practitioner” includes any person who is authorized to practice 13
healing under the Health Occupations Article. 14

(h) (1) “Human service worker” means any professional employee of any public 15
or private health or social services agency or provider. 16

(2) “Human service worker” includes: 17

(i) any social worker; and 18

(ii) any caseworker. 19

(I) “INDICATED” MEANS A FINDING THAT IT IS MORE LIKELY TH AN NOT 20
THAT: 21

(1) THE INDIVIDUAL IS A VULNERABLE ADULT; 22

(2) ABUSE, NEGLECT, SELF–NEGLECT, OR EXPLOITATION HAS 23
OCCURRED; AND 24

(3) THE INDIVIDUAL IS AT RISK OF HARM. 25

[(i)] (J) “Law enforcement agency” means a State, county, or municipal police 26
department, bureau, or agency. 27

[(j)] (K) Except as provided in §§ 14–201, 14–402, and 14–403 of this title, “local 28
department” means the local department that has jurisdiction in the county: 29

(1) where the vulnerable adult lives; 30
HOUSE BILL 282 3

(2) for purposes of a notice received under § 11–307 of the Corporations and 1
Associations Article, where an individual who is at least 65 years old lives; or 2

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

[(k)] (L) “Local State’s Attorney” means the State’s Attorney for the county: 4

(1) where the vulnerable adult lives; or 5

(2) where the abuse is alleged to have taken place. 6

[(l)] (M) (1) “Neglect” means the willful deprivation of a vulnerable adult of 7
adequate food, clothing, essential medical treatment or habilitative therapy, shelter, or 8
supervision BY AN INDIVIDUAL IN A RELATIONSHIP OF TRUST WITH THE VULNERABLE 9
ADULT. 10

(2) “Neglect” does not include the providing of nonmedical remedial care 11
and treatment for the healing of injury or disease, with the consent of the vulnerable adult, 12
recognized by State law instead of medical treatment. 13

(N) “NOT INDICATED” MEANS A FINDING THAT IT IS MORE LIKELY THAN NOT 14
THAT: 15

(1) THE INDIVIDUAL IS NOT A VULNERABLE ADULT; 16

(2) ABUSE, NEGLECT, SELF–NEGLECT, OR EXPLOITATION HAS NOT 17
OCCURRED; OR 18

(3) THE INDIVIDUAL IS NOT AT RISK OF HARM. 19

[(m)] (O) “Police officer” means any State or local officer who is authorized to 20
make arrests as part of the officer’s official duty. 21

(P) “PSYCHOLOGICAL HARM ” MEANS THE OBSERVABLE , IDENTIFIABLE, 22
AND SUBSTANTIAL IMPAIRMENT OF A VULNERABLE ADULT’S ABILITY TO FUNCTION 23
DUE TO SEVERE EMOTIONAL DISTRESS CAUSED BY AN INTENTIONAL ACT OR SERIES 24
OF ACTS. 25

(Q) (1) “RELATIONSHIP OF TRUST ” MEANS A RELATIONSHIP THAT 26
INCLUDES A RATIONAL EXPECTATION THAT A R ELATIVE, FRIEND, HOUSEHOLD 27
MEMBER, CAREGIVER, OR OTHER PERSON WITH WHOM A RELATIONSHIP EXISTS 28
SHOULD BE RELIED ON TO PROTECT THE INTERESTS OF A VULNERABLE ADULT OR 29
PROVIDE FOR THE VULNERABLE ADULT’S CARE. 30

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(2) “RELATIONSHIP OF TRUST” INCLUDES A RELATIONSHIP IN WHICH 1
THE RATIONAL EXPECTATION DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION 2
IS BASED ON AN ASSUM PTION OF RESPONSIBILITY FOR CARE AND P ROTECTION OF 3
THE VULNERABLE ADULT OR ON A LEGAL OR SOCIAL CONVENTION. 4

[(n)] (R) “Review board” means the adult public guardianship review board. 5

(S) “RISK OF HARM ” MEANS THE STRONG LIK ELIHOOD THAT AN 6
INDIVIDUAL WILL IMMI NENTLY EXPER IENCE AN EVENT , CONDITION, INJURY, OR 7
OTHER OUTCOME THAT IS ADVERSE OR DETRIMENTAL TO THE INDIVIDUAL. 8

[(o)] (T) “Secretary” means the Secretary of Human Services. 9

[(p)] (U) “Self–neglect” means the inability of a vulnerable adult to provide the 10
vulnerable adult with the services: 11

(1) that are necessary for the vulnerable adult’s physical and mental 12
health; and 13

(2) the absence of which impairs or threatens the vulnerable adult’s 14
well–being. 15

(V) (1) “SEXUAL ABUSE” MEANS NONCONSENSUAL SEXUAL INTERACTION 16
WITH A VULNERABLE ADULT. 17

(2) “SEXUAL ABUSE” INCLUDES: 18

(I) INCEST; 19

(II) RAPE; 20

(III) SEXUAL OFFENSE IN ANY DEGREE; AND 21

(IV) ANY OTHER SEXUAL CONDUCT THAT IS A CRIME. 22

(W) “UNDETERMINED” MEANS A FINDING THAT THERE IS INSUFFICIENT 23
INFORMATION TO DETERMINE WHETHER: 24

(1) THE INDIVIDUAL IS A VULNERABLE ADULT; 25

(2) ABUSE, NEGLECT, SELF–NEGLECT, OR EXPLOITATION HAS 26
OCCURRED; OR 27

(3) THE INDIVIDUAL IS AT RISK OF HARM. 28
HOUSE BILL 282 5

[(q)] (X) “Vulnerable adult” means an adult who lacks the physical or mental 1
capacity to provide for the adult’s daily needs. 2

14–302. 3

(a) (1) Except as provided in paragraph (2) of this subsection, notwithstanding 4
any law on privileged communications, each health practitioner, police officer, or huma n 5
service worker who contacts, examines, attends, or treats an alleged vulnerable adult, and 6
who has reason to believe that the alleged vulnerable adult has been subjected to abuse, 7
neglect, self–neglect, or exploitation shall: 8

(i) notify the local department; and 9

(ii) if acting as a staff member of a hospital or public health agency, 10
immediately notify and give all the information required by this section to the head of the 11
institution or the designee of the head. 12

(2) An ombudsman, as defined in § 10–901 of the Human Services Article, 13
shall comply with 42 U.S.C. § 3058g(d)(2) and may not disclose the identity of a resident or 14
complainant except as authorized under 42 U.S.C. § 3058g(d)(2). 15

(b) An individual who is required to make a report under subsection (a) of this 16
section shall make the report as soon as possible: 17

(1) by telephone[,]; 18

(2) by direct communication[, or]; 19

(3) BY ENTERING INFORMATION IN AN ONLINE REPORTING PORTAL; 20

(4) in writing to the local department; or 21

(5) by calling the statewide reporting hotline. 22

(c) Any individual other than a health practitioner, human service worker, or 23
police officer who has reason to believe that an alleged vulnerable adult has been subjected 24
to abuse, neglect, self–neglect, or exploitation may file with the local department an oral or 25
written report of the suspected abuse, neglect, self–neglect, or exploitation. 26

(d) Insofar as is reasonably possible, an individual who makes a report under this 27
section shall include in the report the following information: 28

(1) the name, age, and home address of the alleged vulnerable adult; 29

6 HOUSE BILL 282

(2) the name and home address of the person responsible for the care of the 1
alleged vulnerable adult; 2

(3) the whereabouts of the alleged vulnerable adult; 3

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

(5) the nature and extent of the abuse, neglect, self–neglect, or exploitation 5
of the alleged vulnerable adult, including evidence or information available to the reporter 6
concerning previ ous injury possibly resulting from abuse, neglect, self –neglect, or 7
exploitation; and 8

(6) any other information that would help to determine: 9

(i) the cause of the suspected abuse, neglect, self –neglect, or 10
exploitation; and 11

(ii) the identity of any individual responsible for the abuse, neglect, 12
[self–neglect,] or exploitation. 13

14–303. 14

(a) To protect the welfare of the alleged vulnerable adult the local department 15
shall begin a thorough investigation: 16

(1) within 5 working days after the receipt of the report of suspected abuse, 17
neglect, self–neglect, or exploitation; or 18

(2) within 24 hours after the receipt of the report of suspected abuse, 19
neglect, self–neglect, or exploitation if the report indicates that an emergency exists. 20

(b) The investigation shall include: 21

(1) a determination of whether: 22

(i) the individual is a vulnerable adult; [and] 23

(ii) there has been abuse, neglect, self–neglect, or exploitation; and 24

(III) THE INDIVIDUAL IS AT RISK OF HARM; AND 25

(2) if the individual is determined to be a vulnerable adult [and], to have 26
suffered abuse, neglect, self–neglect, or exploitation, AND TO BE AT RISK OF HARM: 27

(i) a determination of the nature, extent, and cause of the abuse, 28
neglect, self–neglect, or exploitation; 29

HOUSE BILL 282 7

(ii) a determination of the identity of the person or persons 1
responsible for the abuse, neglect, self–neglect, or exploitation; 2

(iii) an evaluation of the home environment; and 3

(iv) a determination of any other pertinent facts. 4

(c) (1) On request by the local department, the local State’s Attorney or the 5
appropriate law enforcement agency shall assist in the investigation. 6

(2) As appropriate, the local office on aging or the Department of Aging, 7
local geriatric evalua tion service, or any other public or private agency, including a 8
fiduciary institution, providing services or care to the alleged vulnerable adult or whose 9
information or expertise may be of assistance in assessing risk or planning services may 10
assist in the investigation on the request by the local department. 11

(3) As appropriate in an investigation, the local department may request 12
the assistance of a federal law enforcement officer, as defined in § 2 –104 of the Criminal 13
Procedure Article. 14

(4) Any agencies set out in this subsection may jointly agree to cooperative 15
arrangements for investigation. 16

(d) [An investigation under this section shall be completed ] THE LOCAL 17
DEPARTMENT SHALL COMPLETE AN INVESTIGATION AND MAKE AN INDICATED, NOT 18
INDICATED, OR UNDETERMINED FINDING within[: 19

(1)] 60 days[; or 20

(2) 10 days if the report indicates that an emergency exists]. 21

(e) Parties participating in an investigation may share pertinent client 22
information relevant to the investigation. 23

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 24
October 1, 2026. 25