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Mandatory Reporting
Under Maryland law, health practitioners, police officers, and human service workers who have reason to believe that a vulnerable adult is in danger are required to report their concerns to the local Department of Social Services. If these individuals are employed by a hospital or public health agency, they must immediately notify the head of the institution. In addition, any concerned person may also make such a report.
The law's purpose is to prevent or remedy neglect, self-neglect, abuse, or exploitation of vulnerable adults who are unable to protect their own interests and are at risk of immediate harm to their own person or to others. The following definitions are very important:
- Abuse is the sustaining of any physical injury by a vulnerable adult as a result of cruel or inhumane treatment or as a result of a malicious act by any person.
- Exploitation is any action involving the misuse of a vulnerable adult’s funds, property, or person.
- Neglect is the willful deprivation of adequate food, clothing, medical treatment, or habilitative therapy, shelter, or supervision from a vulnerable adult.
- Self-Neglect is a vulnerable adult's inability to provide for his/her physical or mental health, which impairs or threatens their well-being.
- A Vulnerable Adult is a person aged 18 or over who lacks the physical or mental capacity to provide for her or his daily needs.
Read the Law: Md. Code, Family Law § 14-101, § 14-302
It is a criminal offense for a household member, family member, or anyone responsible for the care of a vulnerable adult to neglect or abuse that person, or to intentionally and maliciously inflict severe emotional distress. If such abuse or neglect results in sexual abuse, serious injury, or death, it constitutes a first-degree felony, punishable by up to 10 years in prison and/or a fine of up to $10,000.
Abuse, neglect, or severe emotional distress that does not meet the criteria for first-degree offenses may still be prosecuted as a second-degree misdemeanor. Conviction of this misdemeanor carries a penalty of up to five years in prison and/or a fine of up to $5,000.
Read the Law: Md. Code, Criminal Law §§ 3-604, 3-605
If you are a victim of these types of treatment or think that someone else is, contact:
- the Adult Protective Services office of your local Department of Social Services OR
- the Maryland Department of Human Resources at 1-800-332-6347.
Responding to Abuse or Neglect from the Maryland Courts
What are some signs of abuse?
While the items on this list could be clues that there is abuse, neglect, or exploitation, they are not proof. Any one, or many of the things on this list, can occur for many reasons other than abuse or neglect.
Types & Signs of Abuse from the Maryland Courts
Physical Abuse
- multiple injuries
- injuries that normally would not occur together
- bruises, welts, or abrasions
- the use of physical restraints, such as tying
- burns that could come from cigarettes or immersion in water that is too hot
- a caregiver's refusal to allow visitors to see the person alone
- lab findings indicating over-medication
Physical Neglect
- dehydration
- malnourishment without a cause related to illness
- failure to provide physical aids, such as glasses, hearing aids, or false teeth
- bed sores
- lack of compliance with medical care instructions
Signs of Neglect from the Maryland Courts
Signs of Self-Neglect from the Maryland Courts
Psychological Abuse
- statements about a caretaker that indicate fear
- threats or insults by caretaker
- caretaker talks of person as a burden
- person is withdrawn, gives short answers to questions, averts gaze
- person is not given opportunity to talk to others alone
- caregiver leaves person alone for long periods of time
- caregiver ignores person; gives "silent treatment"
- person shows signs of infantile behavior, antisocial behavior
Financial Neglect or Exploitation
- someone has the person's mail sent to their own address
- person is confused about his or her income and resources
- possessions and quality of life seems substandard given the resources the person has
- frequent or large gifts to a caregiver
- frequent checks written to caregiver
- unusual activity in bank accounts
- personal belongings missing
- person signs as surety or co-signer on loans
- someone lives with the person and refuses to leave
- numerous unpaid bills despite adequate income
- other persons added to bank accounts
Financial Exploitation from the Maryland Courts
If you are a victim of these types of treatment or think that someone else is, contact:
- the Adult Protective Services office of your local Department of Social Services OR
- the Maryland Department of Human Resources at 1-800-332-6347.
How to Prevent Abuse & Neglect from the Maryland Courts