AB 2800: Elders and dependent adults: abuse or neglect.

Existing law, the Elder Abuse and Dependent Adult Civil Protection Act, sets forth various provisions for the reporting, investigation, and prosecution of elder and dependent adult abuse. The act requires specified persons, known as mandated reporters, to report cases of elder or dependent adult abuse, including cases of physical abuse or neglect. Under the act, failure to report the abuse is a misdemeanor.

Existing law defines neglect for purposes of the act to include, among other things, failure to assist in personal hygiene or in the provision of food, clothing, or shelter, or failure to prevent malnutrition or dehydration.

This bill would expand the definition of neglect to include (1) failure to implement a treatment plan, (2) failure to provide or arrange for services necessary for physical, mental, or emotional health, and (3) carelessness that produces or could reasonably be expected to result in serious physical injury, mental suffering, or death.

Existing law defines physical abuse for purposes of the act to include, among other things, use of a physical or chemical restraint or psychotropic medication for specified purposes, including for punishment or for any purpose not authorized by a physician and surgeon.

This bill would expand the definition of physical abuse to include use of a physical or chemical restraint or psychotropic medication for discipline or convenience when not required to treat the residents medical symptoms and administered by a long-term health care facility or residential care facility for the elderly, as defined.

By expanding the definitions of neglect and physical abuse, thereby expanding the scope of the crime of failing to report the neglect or abuse, the bill would impose a state-mandated local program.

The act provides for the award of attorneys fees and costs to, and the recovery of damages by, a plaintiff when it is proven by clear and convincing evidence that the defendant is liable for physical abuse, neglect, or abandonment, and that the defendant has been found guilty of recklessness, oppression, fraud, or malice in the commission of that abuse.

This bill would instead apply a preponderance-of-the-evidence standard for those cases.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.