Maryland 2025 Regular Session

Maryland House Bill HB542 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		hb0542
9	6
10	7		HOUSE BILL 542
11	8		D4, O1 5lr1331
12	9		CF SB 347
13	10		By: Delegate Crutchfield
14	11		Introduced and read first time: January 22, 2025
15	12		Assigned to: Judiciary
16		-	Committee Report: Favorable
17		-	House action: Adopted
18		-	Read second time: February 27, 2025
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24	18		Adult Protective Services – Investigations and Disclosure of Information 2
25	19
26	20		FOR the purpose of authorizing a local department of social services to request assistance 3
27	21		from federal law enforcement officers in an investigation relating to an alleged 4
28	22		vulnerable adult; altering certain provisions relating to the disclosure of certain 5
29	23		information concerning human services to include adult protective services; and 6
30	24		generally relating to adult protective services. 7
31	25
32	26		BY repealing and reenacting, without amendments, 8
33	27		Article – Family Law 9
34	28		Section 14–101(i), 14–102(a), 14–201, and 14–301 10
35	29		Annotated Code of Maryland 11
36	30		(2019 Replacement Volume and 2024 Supplement) 12
37	31
38	32		BY repealing and reenacting, with amendments, 13
39	33		Article – Family Law 14
40	34		Section 14–303 15
41	35		Annotated Code of Maryland 16
42	36		(2019 Replacement Volume and 2024 Supplement) 17
43	37
44	38		BY repealing and reenacting, with amendments, 18
45	39		Article – Human Services 19
46	40		Section 1–201 20
47	41		Annotated Code of Maryland 21
48		-	(2019 Replacement Volume and 2024 Supplement) 22 2 HOUSE BILL 542
	42	+	(2019 Replacement Volume and 2024 Supplement) 22
	43	+
	44	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
	45	+	That the Laws of Maryland read as follows: 24
	46	+
	47	+	Article – Family Law 25
	48	+	2 HOUSE BILL 542
49	49
50	50
	51	+	14–101. 1
51	52
52		-	~~SECTION 1.~~ ~~BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND~~, 1
53		-	~~That the Laws of Maryland read as follows: 2~~
	53	+	(i) “Law enforcement agency” means a State, county, or municipal police 2
	54	+	department, bureau, or agency. 3
54	55
55		-	~~Article – Family Law 3~~
	56	+	14–102. 4
56	57
57		-	14–101. 4
	58	+	(a) It is the policy of the State that adults who lack the physical or mental capacity 5
	59	+	to care for their basic daily living needs shall have access to and be provided with needed 6
	60	+	professional services sufficient to protect their health, safety, and welfare. 7
58	61
59		-	(i) “Law enforcement agency” means a State, county, or municipal police 5
60		-	department, bureau, or agency. 6
	62	+	14–201. 8
61	63
62		-	14–102. 7
	64	+	To implement the policy set out in § 14–102 of this title, the Secretary, with the 9
	65	+	advice of the Secretary of Health and the Secretary of Aging, shall develop, supervise, and 10
	66	+	cause each local department to implement a program of protective services for disabled 11
	67	+	individuals and vulnerable adults. 12
63	68
64		-	(a) It is the policy of the State that adults who lack the physical or mental capacity 8
65		-	to care for their basic daily living needs shall have access to and be provided with needed 9
66		-	professional services sufficient to protect their health, safety, and welfare. 10
	69	+	14–301. 13
67	70
68		-	14–201. 11
	71	+	The provisions of this subtitle do not limit the responsibility of a law enforcement 14
	72	+	agency to enforce the laws of this State or preclude a law enforcement agency from 15
	73	+	reporting and investigating alleged criminal conduct. 16
69	74
70		-	To implement the policy set out in § 14–102 of this title, the Secretary, with the 12
71		-	advice of the Secretary of Health and the Secretary of Aging, shall develop, supervise, and 13
72		-	cause each local department to implement a program of protective services for disabled 14
73		-	individuals and vulnerable adults. 15
	75	+	14–303. 17
74	76
75		-	14–301. 16
	77	+	(a) To protect the welfare of the alleged vulnerable adult the local department 18
	78	+	shall begin a thorough investigation: 19
76	79
77		-	The provisions of this subtitle do not limit the responsibility of a law enforcement 17
78		-	agency to enforce the laws of this State or preclude a law enforcement agency from 18
79		-	reporting and investigating alleged criminal conduct. 19
	80	+	(1) within 5 working days after the receipt of the report of suspected abuse, 20
	81	+	neglect, self–neglect, or exploitation; or 21
80	82
81		-	14–303. 20
	83	+	(2) within 24 hours after the receipt of the report of suspected abuse, 22
	84	+	neglect, self–neglect, or exploitation if the report indicates that an emergency exists. 23
82	85
83		-	(a) To protect the welfare of the alleged vulnerable adult the local department 21
84		-	shall begin a thorough investigation: 22
	86	+	(b) The investigation shall include: 24
85	87
86		-	(1) within 5 working days after the receipt of the report of suspected abuse, 23
87		-	neglect, self–neglect, or exploitation; or 24
	88	+	(1) a determination of whether: 25
88	89
89		-	(2) within 24 hours after the receipt of the report of suspected abuse, 25
90		-	neglect, self–neglect, or exploitation if the report indicates that an emergency exists. 26
	90	+	(i) the individual is a vulnerable adult; and 26
91	91
92		-	(b) ~~The investigation shall include:~~ 27
	92	+	(ii) there has been abuse, neglect, self–neglect, or exploitation; and 27
93	93
94		-	(1) a determination of whether: 28
95		-
96		-	(i) the individual is a vulnerable adult; and 29
	94	+	(2) if the individual is determined to be a vulnerable adult and to have 28
	95	+	suffered abuse, neglect, self–neglect, or exploitation: 29
97	96		HOUSE BILL 542 3
98	97
99	98
100		-	(ii) there has been abuse, neglect, self–neglect, or exploitation; and 1
	99	+	(i) a determination of the nature, extent, and cause of the abuse, 1
	100	+	neglect, self–neglect, or exploitation; 2
101	101
102		-	(2) if the ~~individual is determined to be a vulnerable adult and to have 2~~
103		-	~~suffered~~ abuse, neglect, self–neglect, or exploitation~~: 3~~
	102	+	(ii) a determination of the identity of the person or persons 3
	103	+	responsible for the abuse, neglect, self–neglect, or exploitation; 4
104	104
105		-	(i) a determination of the nature, extent, and cause of the abuse, 4
106		-	neglect, self–neglect, or exploitation; 5
	105	+	(iii) an evaluation of the home environment; and 5
107	106
108		-	(ii) a determination of the identity of the person or persons 6
109		-	responsible for the abuse, neglect, self–neglect, or exploitation; 7
	107	+	(iv) a determination of any other pertinent facts. 6
110	108
111		-	(iii) an evaluation of the home environment; and 8
	109	+	(c) (1) On request by the local department, the local State’s Attorney or the 7
	110	+	appropriate law enforcement agency shall assist in the investigation. 8
112	111
113		-	(iv) a determination of any other pertinent facts. 9
	112	+	(2) As appropriate, the local office on aging or the Department of Aging, 9
	113	+	local geriatric evaluation service, or any other public or private agency, including a 10
	114	+	fiduciary institution, providing services or care to the alleged vulnerable adult or whose 11
	115	+	information or expertise may be of assistance in assessing risk or planning services may 12
	116	+	assist in the investigation on the request by the local department. 13
114	117
115		-	(c) (1) On request by the local department, the local State’s Attorney or the 10
116		-	appropriate law enforcement agency shall assist in the investigation. 11
	118	+	(3) AS APPROPRIATE IN AN INVESTIGATION , THE LOCAL 14
	119	+	DEPARTMENT MAY REQUE ST THE ASSISTANCE OF A FEDERAL LAW ENFO RCEMENT 15
	120	+	OFFICER, AS DEFINED IN § 2–104 OF THE CRIMINAL PROCEDURE ARTICLE. 16
117	121
118		-	(2) As appropriate, the local office on aging or the Department of Aging, 12
119		-	local geriatric evaluation service, or any other public or private agency, including a 13
120		-	fiduciary institution, providing services or care to the alleged vulnerable adult or whose 14
121		-	information or expertise may be of assistance in assessing risk or planning services may 15
122		-	assist in the investigation on the request by the local department. 16
	122	+	[(3)] (4) Any agencies set out in this subsection may jointly agree to 17
	123	+	cooperative arrangements for investigation. 18
123	124
124		-	(3) AS APPROPRIATE IN AN INVESTIGATION , THE LOCAL 17
125		-	DEPARTMENT MAY REQUE ST THE ASSISTANCE OF A FEDERAL LAW ENFORCEM ENT 18
126		-	OFFICER, AS DEFINED IN § 2–104 OF THE CRIMINAL PROCEDURE ARTICLE. 19
	125	+	(d) An investigation under this section shall be completed within: 19
127	126
128		-	[(3)] (4) Any agencies set out in this subsection may jointly agree to 20
129		-	cooperative arrangements for investigation. 21
	127	+	(1) 60 days; or 20
130	128
131		-	(d) An ~~investigation under this section shall be completed within: 22~~
	129	+	(2) 10 days if the report indicates that an emergency exists. 21
132	130
133		-	(1) 60 days; or 23
	131	+	(e) Parties participating in an investigation may share pertinent client 22
	132	+	information relevant to the investigation. 23
134	133
135		-	~~(2) 10 days if the report indicates that an emergency exists.~~ 24
	134	+	Article – Human Services 24
136	135
137		-	(e) Parties participating in an investigation may share p ertinent client 25
138		-	information relevant to the investigation. 26
	136	+	1–201. 25
139	137
140		-	Article – Human Services 27
141		-
142		-	1–201. 28
143		-
144		-	(a) Except as provided in subsection (b) of this section, a person may not disclose 29
145		-	any information concerning an applicant for or recipient of social services, child welfare 30
146		-	services, ADULT PROTECTIVE SER VICES, cash assistance, food stamps, or medical 31 4 HOUSE BILL 542
	138	+	(a) Except as provided in subsection (b) of this section, a person may not disclose 26
	139	+	any information concerning an applicant for or recipient of social services, child welfare 27
	140	+	services, ADULT PROTECTIVE SER VICES, cash assistance, food stamps, or medical 28
	141	+	assistance that is directly or indirectly derived from the records, investigations, or 29
	142	+	communications of the State, a county, or a municipal corporation or a unit of the State, a 30
	143	+	county, or a municipal corporation or that is acquired in the course of the performance of 31
	144	+	official duties. 32
	145	+	4 HOUSE BILL 542
147	146
148	147
149		-	assistance that is directly or indirectly derived from the records, investigations, or 1
150		-	communications of the State, a county, or a municipal corporation or a unit of the State, a 2
151		-	county, or a municipal corporation or that is acquired in the course of the performance of 3
152		-	official duties. 4
	148	+	(b) This section does not prohibit the disclosure of information: 1
153	149
154		-	(b) ~~This section does not prohibit the disclosure of information: 5~~
	150	+	(1) in accordance with a court order; 2
155	151
156		-	(1) in accordance with a court order; 6
	152	+	(2) to an officer or employee of any state or local government, the United 3
	153	+	States, or a fiduciary institution, if the officer or employee is entitled to the information in 4
	154	+	an official capacity and the disclosure is necessary to administer: 5
157	155
158		-	(2) to an officer or employee of any state or local government, the United 7
159		-	States, or a fiduciary institution, if the officer or employee is entitled to the information in 8
160		-	an official capacity and the disclosure is necessary to administer: 9
	156	+	(i) public assistance, medical assistance, social services, ADULT 6
	157	+	PROTECTIVE SERVICES , or child welfare services programs; or 7
161	158
162		-	(i) ~~public assistance,~~ ~~medical assistance,~~ ~~social services,~~ ~~ADULT 10~~
163		-	~~PROTECTIVE SERVICES , or child welfare services programs~~; or 11
	159	+	(ii) voter registration in accordance with § 3–203 of the Election Law 8
	160	+	Article; or 9
164	161
165		-	(ii) voter registration in accordance with § 3–203 of the Election Law 12
166		-	Article; or 13
	162	+	(3) to a fiduciary institution that reported suspected financial abuse or 10
	163	+	financial exploitation, if the fiduciary institution is authorized to request the information 11
	164	+	under § 1–306(h) of the Financial Institutions Article. 12
167	165
168		-	(3) to a fiduciary institution that reported suspected financial abuse or 14
169		-	financial exploitation, if the fiduciary institution is authorized to request the information 15
170		-	under § 1–306(h) of the Financial Institutions Article. 16
	166	+	(c) A person who violates this section is guilty of a misdemeanor and on conviction 13
	167	+	is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both. 14
171	168
172		-	(c) A person who violates this section is guilty of a misdemeanor and on conviction 17
173		-	is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both. 18
174		-
175		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
176		-	October 1, 2025. 20
177		-
178		-
179		-
180		-	Approved:
181		-	________________________________________________________________________________
182		-	Governor.
183		-	________________________________________________________________________________
184		-	Speaker of the House of Delegates.
185		-	________________________________________________________________________________
186		-	President of the Senate.
	169	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
	170	+	October 1, 2025. 16