Elders and dependent adults: abuse or neglect.

Plain English Breakdown

The official source material did not specify details about changes made to other parts of the Elder Abuse and Dependent Adult Civil Protection Act, so this claim was removed.

Elders and Dependent Adults: Abuse or Neglect

This law allows courts to use less strict evidence rules when dealing with claims against certain care facilities if the facility has destroyed important evidence.

What This Bill Does

• Allows a court to use a lower standard of proof (preponderance of the evidence) for abuse or neglect cases involving residential care, adult community care, and skilled nursing facilities if the defendant has destroyed evidence.

Who It Names or Affects

• People who work in or are involved with residential care, adult community care, and skilled nursing facilities.
• Elders and dependent adults who might be victims of abuse or neglect in such facilities.
• Courts that handle cases involving elder abuse or neglect.

Terms To Know

Spoliation of evidence

When someone destroys, alters, or hides important evidence on purpose to hurt a case against them.

Preponderance of the evidence

A standard used in court cases where one side needs to prove their case is more likely true than not true.

Limits and Unknowns

• The new rule about using a lower standard of proof does not apply if there isn't enough money from Medi-Cal to cover the costs.
• It's unclear how much this will affect cases or facilities without further details on funding and enforcement.

Official Summary Text

AB 251, Kalra.
Elders and dependent adults: abuse or neglect.
Existing law, the Elder Abuse and Dependent Adult Civil Protection Act, provides for the award of attorney’s 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 or neglect, and the defendant has also been found guilty of recklessness, oppression, fraud, or malice in the commission of that abuse.
This bill would authorize a court to apply a preponderance of the evidence standard to any claim brought against a residential care facility for the elderly, an adult community care facility, or a skilled nursing facility, except as specified, for
remedies sought pursuant to the above provisions, upon circumstances in which spoliation of evidence, as defined, has been committed by the defendant, as specified. The bill would make this provision inoperative if there is a final judicial determination in any action by any party, or a final determination by the Centers for Medicare and Medicaid Services, that the state is required by state or federal law or regulation to provide reimbursement under the Medi-Cal program to those facilities for costs associated with this bill and the Legislature does not appropriate sufficient funds to pay for those costs. The bill would make conforming changes to a related provision.

Current Bill Text

Download Bill PDF