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§ 14-302. Mandatory reporting

West's Annotated Code of MarylandFamily LawEffective: October 1, 2017

West's Annotated Code of Maryland
Family Law (Refs & Annos)
Title 14. Adult Protective Services (Refs & Annos)
Subtitle 3. Investigation Provisions (Refs & Annos)
Effective: October 1, 2017
MD Code, Family Law, § 14-302
§ 14-302. Mandatory reporting
Persons required to report
(a)(1) 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:
(i) notify the local department; and
(ii) 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.
(2) 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).
Means of reporting
(b) An individual who is required to make a report under subsection (a) of this section shall make the report by telephone, direct communication, or in writing to the local department as soon as possible.
Any individual may file report
(c) 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.
Contents of report
(d) Insofar as is reasonably possible, an individual who makes a report under this section shall include in the report the following information:
(1) the name, age, and home address of the alleged vulnerable adult;
(2) the name and home address of the person responsible for the care of the alleged vulnerable adult;
(3) the whereabouts of the alleged vulnerable adult;
(4) the nature of the alleged vulnerable adult's incapacity;
(5) 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
(6) any other information that would help to determine:
(i) the cause of the suspected abuse, neglect, self-neglect, or exploitation; and
(ii) the identity of any individual responsible for the abuse, neglect, self-neglect, or exploitation.

Credits

Added by Acts 1985, c. 148, § 2, eff. July 1, 1985. Amended by Acts 2017, c. 207, § 1, eff. Oct. 1, 2017; Acts 2017, c. 837, § 1, eff. Oct. 1, 2017; Acts 2017, c. 838, § 1, eff. Oct. 1, 2017.
MD Code, Family Law, § 14-302, MD FAMILY § 14-302
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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