EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0542*
HOUSE BILL 542
D4, O1 5lr1331
CF SB 347
By: Delegate Crutchfield
Introduced and read first time: January 22, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Adult Protective Services – Investigations and Disclosure of Information 2
FOR the purpose of authorizing a local department of social services to request assistance 3
from federal law enforcement officers in an investigation relating to an alleged 4
vulnerable adult; altering certain provisions relating to the disclosure of certain 5
information concerning human services to include adult protective services; and 6
generally relating to adult protective services. 7
BY repealing and reenacting, without amendments, 8
Article – Family Law 9
Section 14–101(i), 14–102(a), 14–201, and 14–301 10
Annotated Code of Maryland 11
(2019 Replacement Volume and 2024 Supplement) 12
BY repealing and reenacting, with amendments, 13
Article – Family Law 14
Section 14–303 15
Annotated Code of Maryland 16
(2019 Replacement Volume and 2024 Supplement) 17
BY repealing and reenacting, with amendments, 18
Article – Human Services 19
Section 1–201 20
Annotated Code of Maryland 21
(2019 Replacement Volume and 2024 Supplement) 22
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
That the Laws of Maryland read as follows: 24
Article – Family Law 25
2 HOUSE BILL 542
14–101. 1
(i) “Law enforcement agency” means a State, county, or municipal police 2
department, bureau, or agency. 3
14–102. 4
(a) It is the policy of the State that adults who lack the physical or mental capacity 5
to care for their basic daily living needs shall have access to and be provided with needed 6
professional services sufficient to protect their health, safety, and welfare. 7
14–201. 8
To implement the policy set out in § 14–102 of this title, the Secretary, with the 9
advice of the Secretary of Health and the Secretary of Aging, shall develop, supervise, and 10
cause each local department to implement a program of protective services for disabled 11
individuals and vulnerable adults. 12
14–301. 13
The provisions of this subtitle do not limit the responsibility of a law enforcement 14
agency to enforce the laws of this State or preclude a law enforcement agency from 15
reporting and investigating alleged criminal conduct. 16
14–303. 17
(a) To protect the welfare of the alleged vulnerable adult the local department 18
shall begin a thorough investigation: 19
(1) within 5 working days after the receipt of the report of suspected abuse, 20
neglect, self–neglect, or exploitation; or 21
(2) within 24 hours after the receipt of the report of suspected abuse, 22
neglect, self–neglect, or exploitation if the report indicates that an emergency exists. 23
(b) The investigation shall include: 24
(1) a determination of whether: 25
(i) the individual is a vulnerable adult; and 26
(ii) there has been abuse, neglect, self–neglect, or exploitation; and 27
(2) if the individual is determined to be a vulnerable adult and to have 28
suffered abuse, neglect, self–neglect, or exploitation: 29
HOUSE BILL 542 3
(i) a determination of the nature, extent, and cause of the abuse, 1
neglect, self–neglect, or exploitation; 2
(ii) a determination of the identity of the person or persons 3
responsible for the abuse, neglect, self–neglect, or exploitation; 4
(iii) an evaluation of the home environment; and 5
(iv) a determination of any other pertinent facts. 6
(c) (1) On request by the local department, the local State’s Attorney or the 7
appropriate law enforcement agency shall assist in the investigation. 8
(2) As appropriate, the local office on aging or the Department of Aging, 9
local geriatric evaluation service, or any other public or private agency, including a 10
fiduciary institution, providing services or care to the alleged vulnerable adult or whose 11
information or expertise may be of assistance in assessing risk or planning services may 12
assist in the investigation on the request by the local department. 13
(3) AS APPROPRIATE IN AN INVESTIGATION , THE LOCAL 14
DEPARTMENT MAY REQUE ST THE ASSISTANCE OF A FEDERAL LAW ENFO RCEMENT 15
OFFICER, AS DEFINED IN § 2–104 OF THE CRIMINAL PROCEDURE ARTICLE. 16
[(3)] (4) Any agencies set out in this subsection may jointly agree to 17
cooperative arrangements for investigation. 18
(d) An investigation under this section shall be completed 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
Article – Human Services 24
1–201. 25
(a) Except as provided in subsection (b) of this section, a person may not disclose 26
any information concerning an applicant for or recipient of social services, child welfare 27
services, ADULT PROTECTIVE SER VICES, cash assistance, food stamps, or medical 28
assistance that is directly or indirectly derived from the records, investigations, or 29
communications of the State, a county, or a municipal corporation or a unit of the State, a 30
county, or a municipal corporation or that is acquired in the course of the performance of 31
official duties. 32
4 HOUSE BILL 542
(b) This section does not prohibit the disclosure of information: 1
(1) in accordance with a court order; 2
(2) to an officer or employee of any state or local government, the United 3
States, or a fiduciary institution, if the officer or employee is entitled to the information in 4
an official capacity and the disclosure is necessary to administer: 5
(i) public assistance, medical assistance, social services, ADULT 6
PROTECTIVE SERVICES , or child welfare services programs; or 7
(ii) voter registration in accordance with § 3–203 of the Election Law 8
Article; or 9
(3) to a fiduciary institution that reported suspected financial abuse or 10
financial exploitation, if the fiduciary institution is authorized to request the information 11
under § 1–306(h) of the Financial Institutions Article. 12
(c) A person who violates this section is guilty of a misdemeanor and on conviction 13
is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both. 14
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
October 1, 2025. 16