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3105
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MARVIN MANDEL, Governor
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(4) COOPERATION WITH THE COURTS, INCLUDING
PROVISION OF ANY NECESSARY RECOMMENDATIONS, REPORTS, OR
PETITIONS;
(5) LEGAL ASSISTANCE, INCLUDING COUNSEL TO
REPRESENT ANY INDIGENT RECIPIENT OF SERVICES IN ANY
PROTECTIVE PROCEEDING OR ANY REVIEW BOARD HEARING
CONDUCTED PURSUANT TO SECTIONS 104(B) OR 105(F) OF THIS
ARTICLE; AND
(6) NOTIFICATION OF AND PARTICIPATION BY THE
STATE DIRECTOR ON AGING AS A PARTY IN ANY PROTECTIVE
PROCEEDING OR REVIEW BOARD HEARING RELATING TO A PERSON
WHO IS 60 YEARS OLD OR OLDER.
(C) (1) THE SECRETARY SHALL ESTABLISH A FEE
SCHEDULE BASED ON FINANCIAL ABILITY TO PAY, IN ACCORDANCE
WITH WHICH THE PERSON RECEIVING PROTECTIVE SERVICES OR
HIS LEGALLY RESPONSIBLE RELATIVE SHALL REIMBURSE THE
STATE, FEDERAL, AND, IF APPLICABLE, LOCAL GOVERNMENTS FOR
THE SERVICES PROVIDED. HOWEVER, A PERSON MAY NOT BE
CHARGED A FEE IF FEDERAL LAW OF REGULATIONS PROHIBIT AN
INCOME ELIGIBILITY TEST FOR THE PROTECTIVE SERVICE
PROVIDED OR IF THE RECIPIENT IS ELIGIBLE TO RECEIVE
CONTINUING FINANCIAL AID UNDER THE FEDERAL PROGRAM OF
SUPPLEMENTAL SECURITY INCOME, THE FEDERAL-STATE PROGRAM
OF AID TO FAMILIES WITH DEPENDENT CHILDREN, OR THE STATE
PROGRAM OF GENERAL PUBLIC ASSISTANCE.
(2) THE PROTECTIVE SERVICES PROGRAM SHALL BE
FUNDED AS PROVIDED IN THE STATE BUDGET. HOWEVER, THIS
SUBTITLE DOES NOT PREVENT ANY APPROPRIATION OF ADDITIONAL
FUNDS BY ANY COUNTY, INCLUDING BALTIMORE CITY, FOR ADULT
PROTECTIVE SERVICES.
(D) THE DIRECTOR MAY CONTRACT WITH PUBLIC OR
PRIVATE ORGANIZATIONS TO PROVIDE PROTECTIVE SERVICES,
EXCEPT THAT THE DIRECTOR MAY NOT CONTRACT WITH ANY OTHER
PERSON TO ACT AS GUARDIAN OF THE PERSON OF A DISABLED
PERSON.
(E) FOR ADULTS 65 YEARS OLD AND OVER, THE SERVICES
OF THE PROTECTIVE SERVICES PROGRAM SHALL COORDINATE__WITH
THE OFFICE ON AGING AND ARE SUPPLEMENTARY TO SERVICES
PROVIDED UNDER THE OLDER AMERICANS ACT.
104.
(A) THE DIRECTOR, MAY, OR UPON THE REQUEST OF ANY
PERSON ENTITLED TO BE A GUARDIAN, SHALL INVESTIGATE FULLY
EACH REPORT THAT AN ADULT INDIVIDUAL IS UNABLE TO PROVIDE
FOR HIS DAILY NEEDS SUFFICIENTLY TO PROTECT HIS HEALTH OR
SAFETY.
(B) IF, AFTER THE INVESTIGATION, THE DIRECTOR
DETERMINES THAT THE INDIVIDUAL REQUIRES PROTECTIVE
SERVICES, THE DIRECTOR SHALL PROVIDE SUCH SERVICES IN
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