Amended IN Assembly March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2800Introduced by Assembly Member KalraFebruary 15, 2024An act to amend Section 15601 Sections 15610.57, 15610.63, and 15657 of the Welfare and Institutions Code, relating to elders and dependent adults.LEGISLATIVE COUNSEL'S DIGESTAB 2800, as amended, Kalra. Elder Abuse and Dependent Adult Civil Protection Act. 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.Existing law, the Elder Abuse and Dependent Adult Civil Protection Act, establishes various procedures for the reporting, investigation, and prosecution of elder and dependent adult abuse. Existing law declares the purposes of the act, including, among others, to require health practitioners, care custodians, clergy members, and employees of county adult protective services agencies and local law enforcement agencies to report known or suspected cases of abuse of elders and dependent adults, and to encourage community members in general to do so.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 15610.57 of the Welfare and Institutions Code is amended to read:15610.57. (a) Neglect means either of the following:(1) The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise.(2) The negligent failure of an elder or dependent adult to exercise that degree of self care that a reasonable person in a like position would exercise.(b) Neglect includes, but is not limited to, all of the following:(1) Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter.(2) Failure to provide medical care for physical and mental health needs. A person shall not be deemed neglected or abused for the sole reason that the person voluntarily relies on treatment by spiritual means through prayer alone in lieu of medical treatment.(3) Failure to protect from health and safety hazards.(4) Failure to prevent malnutrition or dehydration.(5) Failure to implement a treatment plan.(6) Failure to provide or arrange for services necessary for physical, mental, or emotional health.(7) Carelessness that produces or could reasonably be expected to result in serious physical injury, mental suffering, or death. (5)(8) Substantial inability or failure of an elder or dependent adult to manage their own finances.(6)(9) Failure of an elder or dependent adult to satisfy any of the needs specified in paragraphs (1) to (5), (8), inclusive, for themselves as a result of poor cognitive functioning, mental limitation, substance abuse, or chronic poor health.(c) Neglect includes being homeless if the elder or dependent adult is also unable to meet any of the needs specified in paragraphs (1) to (5), (8), inclusive, of subdivision (b).SEC. 2. Section 15610.63 of the Welfare and Institutions Code is amended to read:15610.63. Physical abuse means any of the following:(a) Assault, as defined in Section 240 of the Penal Code.(b) Battery, as defined in Section 242 of the Penal Code.(c) Assault with a deadly weapon or force likely to produce great bodily injury, as defined in Section 245 of the Penal Code.(d) Unreasonable physical constraint, or prolonged or continual deprivation of food or water.(e) Sexual assault, that means any of the following:(1) Sexual battery, as defined in Section 243.4 of the Penal Code.(2) Rape, as defined in Section 261 of the Penal Code, or former Section 262 of the Penal Code.(3) Rape in concert, as described in Section 264.1 of the Penal Code.(4) Incest, as defined in Section 285 of the Penal Code.(5) Sodomy, as defined in Section 286 of the Penal Code.(6) Oral copulation, as defined in Section 287 or former Section 288a of the Penal Code.(7) Sexual penetration, as defined in Section 289 of the Penal Code.(8) Lewd or lascivious acts, as defined in paragraph (2) of subdivision (b) of Section 288 of the Penal Code.(f) Use of a physical or chemical restraint or psychotropic medication under any of the following conditions:(1) For punishment.(2) For a period beyond that for which the medication was ordered pursuant to the instructions of a physician and surgeon licensed in the State of California, who is providing medical care to the elder or dependent adult at the time the instructions are given.(3) For any purpose not authorized by the physician and surgeon.(4) For discipline or convenience when not required to treat the residents medical symptoms and administered by a long-term health care facility, as defined in Section 1418 of Health and Safety Code, or by a residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code.SEC. 3. Section 15657 of the Welfare and Institutions Code is amended to read:15657. Where When it is proven by clear and convincing a preponderance of the evidence that a defendant is liable for physical abuse as defined in Section 15610.63, neglect as defined in Section 15610.57, or abandonment as defined in Section 15610.05, and that the defendant has been guilty of recklessness, oppression, fraud, or malice in the commission of this abuse, the following shall apply, in addition to all other remedies otherwise provided by law:(a) The court shall award to the plaintiff reasonable attorneys fees and costs. The term costs includes, but is not limited to, reasonable fees for the services of a conservator, if any, devoted to the litigation of a claim brought under this article.(b) The limitations imposed by Section 377.34 of the Code of Civil Procedure on the damages recoverable shall not apply. However, the damages recovered shall not exceed the damages permitted to be recovered pursuant to subdivision (b) of Section 3333.2 of the Civil Code.(c) The standards set forth in subdivision (b) of Section 3294 of the Civil Code regarding the imposition of punitive damages on an employer based upon the acts of an employee shall be satisfied before any damages or attorneys fees permitted under this section may be imposed against an employer.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.Section 15601 of the Welfare and Institutions Code is amended to read:15601.The purposes of this act are do all of the following:(a)Require health practitioners, care custodians, clergy members, and employees of county adult protective services agencies and local law enforcement agencies to report known or suspected cases of abuse of elders and dependent adults, and to encourage community members in general to do so.(b)Collect information on the numbers of abuse victims, circumstances surrounding the act of abuse, and other data that will aid the state in establishing adequate services to aid all victims of abuse in a timely and compassionate manner.(c)Provide for protection under the law for all persons who report suspected cases of abuse, as long as the report is not made with malicious intent.
Amended IN Assembly March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2800Introduced by Assembly Member KalraFebruary 15, 2024An act to amend Section 15601 Sections 15610.57, 15610.63, and 15657 of the Welfare and Institutions Code, relating to elders and dependent adults.LEGISLATIVE COUNSEL'S DIGESTAB 2800, as amended, Kalra. Elder Abuse and Dependent Adult Civil Protection Act. 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.Existing law, the Elder Abuse and Dependent Adult Civil Protection Act, establishes various procedures for the reporting, investigation, and prosecution of elder and dependent adult abuse. Existing law declares the purposes of the act, including, among others, to require health practitioners, care custodians, clergy members, and employees of county adult protective services agencies and local law enforcement agencies to report known or suspected cases of abuse of elders and dependent adults, and to encourage community members in general to do so.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
Amended IN Assembly March 21, 2024
Amended IN Assembly March 21, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 2800
Introduced by Assembly Member KalraFebruary 15, 2024
Introduced by Assembly Member Kalra
February 15, 2024
An act to amend Section 15601 Sections 15610.57, 15610.63, and 15657 of the Welfare and Institutions Code, relating to elders and dependent adults.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2800, as amended, Kalra. Elder Abuse and Dependent Adult Civil Protection Act. 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.Existing law, the Elder Abuse and Dependent Adult Civil Protection Act, establishes various procedures for the reporting, investigation, and prosecution of elder and dependent adult abuse. Existing law declares the purposes of the act, including, among others, to require health practitioners, care custodians, clergy members, and employees of county adult protective services agencies and local law enforcement agencies to report known or suspected cases of abuse of elders and dependent adults, and to encourage community members in general to do so.This bill would make technical, nonsubstantive changes to those provisions.
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.
Existing law, the Elder Abuse and Dependent Adult Civil Protection Act, establishes various procedures for the reporting, investigation, and prosecution of elder and dependent adult abuse. Existing law declares the purposes of the act, including, among others, to require health practitioners, care custodians, clergy members, and employees of county adult protective services agencies and local law enforcement agencies to report known or suspected cases of abuse of elders and dependent adults, and to encourage community members in general to do so.
This bill would make technical, nonsubstantive changes to those provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 15610.57 of the Welfare and Institutions Code is amended to read:15610.57. (a) Neglect means either of the following:(1) The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise.(2) The negligent failure of an elder or dependent adult to exercise that degree of self care that a reasonable person in a like position would exercise.(b) Neglect includes, but is not limited to, all of the following:(1) Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter.(2) Failure to provide medical care for physical and mental health needs. A person shall not be deemed neglected or abused for the sole reason that the person voluntarily relies on treatment by spiritual means through prayer alone in lieu of medical treatment.(3) Failure to protect from health and safety hazards.(4) Failure to prevent malnutrition or dehydration.(5) Failure to implement a treatment plan.(6) Failure to provide or arrange for services necessary for physical, mental, or emotional health.(7) Carelessness that produces or could reasonably be expected to result in serious physical injury, mental suffering, or death. (5)(8) Substantial inability or failure of an elder or dependent adult to manage their own finances.(6)(9) Failure of an elder or dependent adult to satisfy any of the needs specified in paragraphs (1) to (5), (8), inclusive, for themselves as a result of poor cognitive functioning, mental limitation, substance abuse, or chronic poor health.(c) Neglect includes being homeless if the elder or dependent adult is also unable to meet any of the needs specified in paragraphs (1) to (5), (8), inclusive, of subdivision (b).SEC. 2. Section 15610.63 of the Welfare and Institutions Code is amended to read:15610.63. Physical abuse means any of the following:(a) Assault, as defined in Section 240 of the Penal Code.(b) Battery, as defined in Section 242 of the Penal Code.(c) Assault with a deadly weapon or force likely to produce great bodily injury, as defined in Section 245 of the Penal Code.(d) Unreasonable physical constraint, or prolonged or continual deprivation of food or water.(e) Sexual assault, that means any of the following:(1) Sexual battery, as defined in Section 243.4 of the Penal Code.(2) Rape, as defined in Section 261 of the Penal Code, or former Section 262 of the Penal Code.(3) Rape in concert, as described in Section 264.1 of the Penal Code.(4) Incest, as defined in Section 285 of the Penal Code.(5) Sodomy, as defined in Section 286 of the Penal Code.(6) Oral copulation, as defined in Section 287 or former Section 288a of the Penal Code.(7) Sexual penetration, as defined in Section 289 of the Penal Code.(8) Lewd or lascivious acts, as defined in paragraph (2) of subdivision (b) of Section 288 of the Penal Code.(f) Use of a physical or chemical restraint or psychotropic medication under any of the following conditions:(1) For punishment.(2) For a period beyond that for which the medication was ordered pursuant to the instructions of a physician and surgeon licensed in the State of California, who is providing medical care to the elder or dependent adult at the time the instructions are given.(3) For any purpose not authorized by the physician and surgeon.(4) For discipline or convenience when not required to treat the residents medical symptoms and administered by a long-term health care facility, as defined in Section 1418 of Health and Safety Code, or by a residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code.SEC. 3. Section 15657 of the Welfare and Institutions Code is amended to read:15657. Where When it is proven by clear and convincing a preponderance of the evidence that a defendant is liable for physical abuse as defined in Section 15610.63, neglect as defined in Section 15610.57, or abandonment as defined in Section 15610.05, and that the defendant has been guilty of recklessness, oppression, fraud, or malice in the commission of this abuse, the following shall apply, in addition to all other remedies otherwise provided by law:(a) The court shall award to the plaintiff reasonable attorneys fees and costs. The term costs includes, but is not limited to, reasonable fees for the services of a conservator, if any, devoted to the litigation of a claim brought under this article.(b) The limitations imposed by Section 377.34 of the Code of Civil Procedure on the damages recoverable shall not apply. However, the damages recovered shall not exceed the damages permitted to be recovered pursuant to subdivision (b) of Section 3333.2 of the Civil Code.(c) The standards set forth in subdivision (b) of Section 3294 of the Civil Code regarding the imposition of punitive damages on an employer based upon the acts of an employee shall be satisfied before any damages or attorneys fees permitted under this section may be imposed against an employer.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.Section 15601 of the Welfare and Institutions Code is amended to read:15601.The purposes of this act are do all of the following:(a)Require health practitioners, care custodians, clergy members, and employees of county adult protective services agencies and local law enforcement agencies to report known or suspected cases of abuse of elders and dependent adults, and to encourage community members in general to do so.(b)Collect information on the numbers of abuse victims, circumstances surrounding the act of abuse, and other data that will aid the state in establishing adequate services to aid all victims of abuse in a timely and compassionate manner.(c)Provide for protection under the law for all persons who report suspected cases of abuse, as long as the report is not made with malicious intent.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 15610.57 of the Welfare and Institutions Code is amended to read:15610.57. (a) Neglect means either of the following:(1) The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise.(2) The negligent failure of an elder or dependent adult to exercise that degree of self care that a reasonable person in a like position would exercise.(b) Neglect includes, but is not limited to, all of the following:(1) Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter.(2) Failure to provide medical care for physical and mental health needs. A person shall not be deemed neglected or abused for the sole reason that the person voluntarily relies on treatment by spiritual means through prayer alone in lieu of medical treatment.(3) Failure to protect from health and safety hazards.(4) Failure to prevent malnutrition or dehydration.(5) Failure to implement a treatment plan.(6) Failure to provide or arrange for services necessary for physical, mental, or emotional health.(7) Carelessness that produces or could reasonably be expected to result in serious physical injury, mental suffering, or death. (5)(8) Substantial inability or failure of an elder or dependent adult to manage their own finances.(6)(9) Failure of an elder or dependent adult to satisfy any of the needs specified in paragraphs (1) to (5), (8), inclusive, for themselves as a result of poor cognitive functioning, mental limitation, substance abuse, or chronic poor health.(c) Neglect includes being homeless if the elder or dependent adult is also unable to meet any of the needs specified in paragraphs (1) to (5), (8), inclusive, of subdivision (b).
SECTION 1. Section 15610.57 of the Welfare and Institutions Code is amended to read:
### SECTION 1.
15610.57. (a) Neglect means either of the following:(1) The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise.(2) The negligent failure of an elder or dependent adult to exercise that degree of self care that a reasonable person in a like position would exercise.(b) Neglect includes, but is not limited to, all of the following:(1) Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter.(2) Failure to provide medical care for physical and mental health needs. A person shall not be deemed neglected or abused for the sole reason that the person voluntarily relies on treatment by spiritual means through prayer alone in lieu of medical treatment.(3) Failure to protect from health and safety hazards.(4) Failure to prevent malnutrition or dehydration.(5) Failure to implement a treatment plan.(6) Failure to provide or arrange for services necessary for physical, mental, or emotional health.(7) Carelessness that produces or could reasonably be expected to result in serious physical injury, mental suffering, or death. (5)(8) Substantial inability or failure of an elder or dependent adult to manage their own finances.(6)(9) Failure of an elder or dependent adult to satisfy any of the needs specified in paragraphs (1) to (5), (8), inclusive, for themselves as a result of poor cognitive functioning, mental limitation, substance abuse, or chronic poor health.(c) Neglect includes being homeless if the elder or dependent adult is also unable to meet any of the needs specified in paragraphs (1) to (5), (8), inclusive, of subdivision (b).
15610.57. (a) Neglect means either of the following:(1) The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise.(2) The negligent failure of an elder or dependent adult to exercise that degree of self care that a reasonable person in a like position would exercise.(b) Neglect includes, but is not limited to, all of the following:(1) Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter.(2) Failure to provide medical care for physical and mental health needs. A person shall not be deemed neglected or abused for the sole reason that the person voluntarily relies on treatment by spiritual means through prayer alone in lieu of medical treatment.(3) Failure to protect from health and safety hazards.(4) Failure to prevent malnutrition or dehydration.(5) Failure to implement a treatment plan.(6) Failure to provide or arrange for services necessary for physical, mental, or emotional health.(7) Carelessness that produces or could reasonably be expected to result in serious physical injury, mental suffering, or death. (5)(8) Substantial inability or failure of an elder or dependent adult to manage their own finances.(6)(9) Failure of an elder or dependent adult to satisfy any of the needs specified in paragraphs (1) to (5), (8), inclusive, for themselves as a result of poor cognitive functioning, mental limitation, substance abuse, or chronic poor health.(c) Neglect includes being homeless if the elder or dependent adult is also unable to meet any of the needs specified in paragraphs (1) to (5), (8), inclusive, of subdivision (b).
15610.57. (a) Neglect means either of the following:(1) The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise.(2) The negligent failure of an elder or dependent adult to exercise that degree of self care that a reasonable person in a like position would exercise.(b) Neglect includes, but is not limited to, all of the following:(1) Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter.(2) Failure to provide medical care for physical and mental health needs. A person shall not be deemed neglected or abused for the sole reason that the person voluntarily relies on treatment by spiritual means through prayer alone in lieu of medical treatment.(3) Failure to protect from health and safety hazards.(4) Failure to prevent malnutrition or dehydration.(5) Failure to implement a treatment plan.(6) Failure to provide or arrange for services necessary for physical, mental, or emotional health.(7) Carelessness that produces or could reasonably be expected to result in serious physical injury, mental suffering, or death. (5)(8) Substantial inability or failure of an elder or dependent adult to manage their own finances.(6)(9) Failure of an elder or dependent adult to satisfy any of the needs specified in paragraphs (1) to (5), (8), inclusive, for themselves as a result of poor cognitive functioning, mental limitation, substance abuse, or chronic poor health.(c) Neglect includes being homeless if the elder or dependent adult is also unable to meet any of the needs specified in paragraphs (1) to (5), (8), inclusive, of subdivision (b).
15610.57. (a) Neglect means either of the following:
(1) The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise.
(2) The negligent failure of an elder or dependent adult to exercise that degree of self care that a reasonable person in a like position would exercise.
(b) Neglect includes, but is not limited to, all of the following:
(1) Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter.
(2) Failure to provide medical care for physical and mental health needs. A person shall not be deemed neglected or abused for the sole reason that the person voluntarily relies on treatment by spiritual means through prayer alone in lieu of medical treatment.
(3) Failure to protect from health and safety hazards.
(4) Failure to prevent malnutrition or dehydration.
(5) Failure to implement a treatment plan.
(6) Failure to provide or arrange for services necessary for physical, mental, or emotional health.
(7) Carelessness that produces or could reasonably be expected to result in serious physical injury, mental suffering, or death.
(5)
(8) Substantial inability or failure of an elder or dependent adult to manage their own finances.
(6)
(9) Failure of an elder or dependent adult to satisfy any of the needs specified in paragraphs (1) to (5), (8), inclusive, for themselves as a result of poor cognitive functioning, mental limitation, substance abuse, or chronic poor health.
(c) Neglect includes being homeless if the elder or dependent adult is also unable to meet any of the needs specified in paragraphs (1) to (5), (8), inclusive, of subdivision (b).
SEC. 2. Section 15610.63 of the Welfare and Institutions Code is amended to read:15610.63. Physical abuse means any of the following:(a) Assault, as defined in Section 240 of the Penal Code.(b) Battery, as defined in Section 242 of the Penal Code.(c) Assault with a deadly weapon or force likely to produce great bodily injury, as defined in Section 245 of the Penal Code.(d) Unreasonable physical constraint, or prolonged or continual deprivation of food or water.(e) Sexual assault, that means any of the following:(1) Sexual battery, as defined in Section 243.4 of the Penal Code.(2) Rape, as defined in Section 261 of the Penal Code, or former Section 262 of the Penal Code.(3) Rape in concert, as described in Section 264.1 of the Penal Code.(4) Incest, as defined in Section 285 of the Penal Code.(5) Sodomy, as defined in Section 286 of the Penal Code.(6) Oral copulation, as defined in Section 287 or former Section 288a of the Penal Code.(7) Sexual penetration, as defined in Section 289 of the Penal Code.(8) Lewd or lascivious acts, as defined in paragraph (2) of subdivision (b) of Section 288 of the Penal Code.(f) Use of a physical or chemical restraint or psychotropic medication under any of the following conditions:(1) For punishment.(2) For a period beyond that for which the medication was ordered pursuant to the instructions of a physician and surgeon licensed in the State of California, who is providing medical care to the elder or dependent adult at the time the instructions are given.(3) For any purpose not authorized by the physician and surgeon.(4) For discipline or convenience when not required to treat the residents medical symptoms and administered by a long-term health care facility, as defined in Section 1418 of Health and Safety Code, or by a residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code.
SEC. 2. Section 15610.63 of the Welfare and Institutions Code is amended to read:
### SEC. 2.
15610.63. Physical abuse means any of the following:(a) Assault, as defined in Section 240 of the Penal Code.(b) Battery, as defined in Section 242 of the Penal Code.(c) Assault with a deadly weapon or force likely to produce great bodily injury, as defined in Section 245 of the Penal Code.(d) Unreasonable physical constraint, or prolonged or continual deprivation of food or water.(e) Sexual assault, that means any of the following:(1) Sexual battery, as defined in Section 243.4 of the Penal Code.(2) Rape, as defined in Section 261 of the Penal Code, or former Section 262 of the Penal Code.(3) Rape in concert, as described in Section 264.1 of the Penal Code.(4) Incest, as defined in Section 285 of the Penal Code.(5) Sodomy, as defined in Section 286 of the Penal Code.(6) Oral copulation, as defined in Section 287 or former Section 288a of the Penal Code.(7) Sexual penetration, as defined in Section 289 of the Penal Code.(8) Lewd or lascivious acts, as defined in paragraph (2) of subdivision (b) of Section 288 of the Penal Code.(f) Use of a physical or chemical restraint or psychotropic medication under any of the following conditions:(1) For punishment.(2) For a period beyond that for which the medication was ordered pursuant to the instructions of a physician and surgeon licensed in the State of California, who is providing medical care to the elder or dependent adult at the time the instructions are given.(3) For any purpose not authorized by the physician and surgeon.(4) For discipline or convenience when not required to treat the residents medical symptoms and administered by a long-term health care facility, as defined in Section 1418 of Health and Safety Code, or by a residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code.
15610.63. Physical abuse means any of the following:(a) Assault, as defined in Section 240 of the Penal Code.(b) Battery, as defined in Section 242 of the Penal Code.(c) Assault with a deadly weapon or force likely to produce great bodily injury, as defined in Section 245 of the Penal Code.(d) Unreasonable physical constraint, or prolonged or continual deprivation of food or water.(e) Sexual assault, that means any of the following:(1) Sexual battery, as defined in Section 243.4 of the Penal Code.(2) Rape, as defined in Section 261 of the Penal Code, or former Section 262 of the Penal Code.(3) Rape in concert, as described in Section 264.1 of the Penal Code.(4) Incest, as defined in Section 285 of the Penal Code.(5) Sodomy, as defined in Section 286 of the Penal Code.(6) Oral copulation, as defined in Section 287 or former Section 288a of the Penal Code.(7) Sexual penetration, as defined in Section 289 of the Penal Code.(8) Lewd or lascivious acts, as defined in paragraph (2) of subdivision (b) of Section 288 of the Penal Code.(f) Use of a physical or chemical restraint or psychotropic medication under any of the following conditions:(1) For punishment.(2) For a period beyond that for which the medication was ordered pursuant to the instructions of a physician and surgeon licensed in the State of California, who is providing medical care to the elder or dependent adult at the time the instructions are given.(3) For any purpose not authorized by the physician and surgeon.(4) For discipline or convenience when not required to treat the residents medical symptoms and administered by a long-term health care facility, as defined in Section 1418 of Health and Safety Code, or by a residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code.
15610.63. Physical abuse means any of the following:(a) Assault, as defined in Section 240 of the Penal Code.(b) Battery, as defined in Section 242 of the Penal Code.(c) Assault with a deadly weapon or force likely to produce great bodily injury, as defined in Section 245 of the Penal Code.(d) Unreasonable physical constraint, or prolonged or continual deprivation of food or water.(e) Sexual assault, that means any of the following:(1) Sexual battery, as defined in Section 243.4 of the Penal Code.(2) Rape, as defined in Section 261 of the Penal Code, or former Section 262 of the Penal Code.(3) Rape in concert, as described in Section 264.1 of the Penal Code.(4) Incest, as defined in Section 285 of the Penal Code.(5) Sodomy, as defined in Section 286 of the Penal Code.(6) Oral copulation, as defined in Section 287 or former Section 288a of the Penal Code.(7) Sexual penetration, as defined in Section 289 of the Penal Code.(8) Lewd or lascivious acts, as defined in paragraph (2) of subdivision (b) of Section 288 of the Penal Code.(f) Use of a physical or chemical restraint or psychotropic medication under any of the following conditions:(1) For punishment.(2) For a period beyond that for which the medication was ordered pursuant to the instructions of a physician and surgeon licensed in the State of California, who is providing medical care to the elder or dependent adult at the time the instructions are given.(3) For any purpose not authorized by the physician and surgeon.(4) For discipline or convenience when not required to treat the residents medical symptoms and administered by a long-term health care facility, as defined in Section 1418 of Health and Safety Code, or by a residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code.
15610.63. Physical abuse means any of the following:
(a) Assault, as defined in Section 240 of the Penal Code.
(b) Battery, as defined in Section 242 of the Penal Code.
(c) Assault with a deadly weapon or force likely to produce great bodily injury, as defined in Section 245 of the Penal Code.
(d) Unreasonable physical constraint, or prolonged or continual deprivation of food or water.
(e) Sexual assault, that means any of the following:
(1) Sexual battery, as defined in Section 243.4 of the Penal Code.
(2) Rape, as defined in Section 261 of the Penal Code, or former Section 262 of the Penal Code.
(3) Rape in concert, as described in Section 264.1 of the Penal Code.
(4) Incest, as defined in Section 285 of the Penal Code.
(5) Sodomy, as defined in Section 286 of the Penal Code.
(6) Oral copulation, as defined in Section 287 or former Section 288a of the Penal Code.
(7) Sexual penetration, as defined in Section 289 of the Penal Code.
(8) Lewd or lascivious acts, as defined in paragraph (2) of subdivision (b) of Section 288 of the Penal Code.
(f) Use of a physical or chemical restraint or psychotropic medication under any of the following conditions:
(1) For punishment.
(2) For a period beyond that for which the medication was ordered pursuant to the instructions of a physician and surgeon licensed in the State of California, who is providing medical care to the elder or dependent adult at the time the instructions are given.
(3) For any purpose not authorized by the physician and surgeon.
(4) For discipline or convenience when not required to treat the residents medical symptoms and administered by a long-term health care facility, as defined in Section 1418 of Health and Safety Code, or by a residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code.
SEC. 3. Section 15657 of the Welfare and Institutions Code is amended to read:15657. Where When it is proven by clear and convincing a preponderance of the evidence that a defendant is liable for physical abuse as defined in Section 15610.63, neglect as defined in Section 15610.57, or abandonment as defined in Section 15610.05, and that the defendant has been guilty of recklessness, oppression, fraud, or malice in the commission of this abuse, the following shall apply, in addition to all other remedies otherwise provided by law:(a) The court shall award to the plaintiff reasonable attorneys fees and costs. The term costs includes, but is not limited to, reasonable fees for the services of a conservator, if any, devoted to the litigation of a claim brought under this article.(b) The limitations imposed by Section 377.34 of the Code of Civil Procedure on the damages recoverable shall not apply. However, the damages recovered shall not exceed the damages permitted to be recovered pursuant to subdivision (b) of Section 3333.2 of the Civil Code.(c) The standards set forth in subdivision (b) of Section 3294 of the Civil Code regarding the imposition of punitive damages on an employer based upon the acts of an employee shall be satisfied before any damages or attorneys fees permitted under this section may be imposed against an employer.
SEC. 3. Section 15657 of the Welfare and Institutions Code is amended to read:
### SEC. 3.
15657. Where When it is proven by clear and convincing a preponderance of the evidence that a defendant is liable for physical abuse as defined in Section 15610.63, neglect as defined in Section 15610.57, or abandonment as defined in Section 15610.05, and that the defendant has been guilty of recklessness, oppression, fraud, or malice in the commission of this abuse, the following shall apply, in addition to all other remedies otherwise provided by law:(a) The court shall award to the plaintiff reasonable attorneys fees and costs. The term costs includes, but is not limited to, reasonable fees for the services of a conservator, if any, devoted to the litigation of a claim brought under this article.(b) The limitations imposed by Section 377.34 of the Code of Civil Procedure on the damages recoverable shall not apply. However, the damages recovered shall not exceed the damages permitted to be recovered pursuant to subdivision (b) of Section 3333.2 of the Civil Code.(c) The standards set forth in subdivision (b) of Section 3294 of the Civil Code regarding the imposition of punitive damages on an employer based upon the acts of an employee shall be satisfied before any damages or attorneys fees permitted under this section may be imposed against an employer.
15657. Where When it is proven by clear and convincing a preponderance of the evidence that a defendant is liable for physical abuse as defined in Section 15610.63, neglect as defined in Section 15610.57, or abandonment as defined in Section 15610.05, and that the defendant has been guilty of recklessness, oppression, fraud, or malice in the commission of this abuse, the following shall apply, in addition to all other remedies otherwise provided by law:(a) The court shall award to the plaintiff reasonable attorneys fees and costs. The term costs includes, but is not limited to, reasonable fees for the services of a conservator, if any, devoted to the litigation of a claim brought under this article.(b) The limitations imposed by Section 377.34 of the Code of Civil Procedure on the damages recoverable shall not apply. However, the damages recovered shall not exceed the damages permitted to be recovered pursuant to subdivision (b) of Section 3333.2 of the Civil Code.(c) The standards set forth in subdivision (b) of Section 3294 of the Civil Code regarding the imposition of punitive damages on an employer based upon the acts of an employee shall be satisfied before any damages or attorneys fees permitted under this section may be imposed against an employer.
15657. Where When it is proven by clear and convincing a preponderance of the evidence that a defendant is liable for physical abuse as defined in Section 15610.63, neglect as defined in Section 15610.57, or abandonment as defined in Section 15610.05, and that the defendant has been guilty of recklessness, oppression, fraud, or malice in the commission of this abuse, the following shall apply, in addition to all other remedies otherwise provided by law:(a) The court shall award to the plaintiff reasonable attorneys fees and costs. The term costs includes, but is not limited to, reasonable fees for the services of a conservator, if any, devoted to the litigation of a claim brought under this article.(b) The limitations imposed by Section 377.34 of the Code of Civil Procedure on the damages recoverable shall not apply. However, the damages recovered shall not exceed the damages permitted to be recovered pursuant to subdivision (b) of Section 3333.2 of the Civil Code.(c) The standards set forth in subdivision (b) of Section 3294 of the Civil Code regarding the imposition of punitive damages on an employer based upon the acts of an employee shall be satisfied before any damages or attorneys fees permitted under this section may be imposed against an employer.
15657. Where When it is proven by clear and convincing a preponderance of the evidence that a defendant is liable for physical abuse as defined in Section 15610.63, neglect as defined in Section 15610.57, or abandonment as defined in Section 15610.05, and that the defendant has been guilty of recklessness, oppression, fraud, or malice in the commission of this abuse, the following shall apply, in addition to all other remedies otherwise provided by law:
(a) The court shall award to the plaintiff reasonable attorneys fees and costs. The term costs includes, but is not limited to, reasonable fees for the services of a conservator, if any, devoted to the litigation of a claim brought under this article.
(b) The limitations imposed by Section 377.34 of the Code of Civil Procedure on the damages recoverable shall not apply. However, the damages recovered shall not exceed the damages permitted to be recovered pursuant to subdivision (b) of Section 3333.2 of the Civil Code.
(c) The standards set forth in subdivision (b) of Section 3294 of the Civil Code regarding the imposition of punitive damages on an employer based upon the acts of an employee shall be satisfied before any damages or attorneys fees permitted under this section may be imposed against an employer.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
### SEC. 4.
The purposes of this act are do all of the following:
(a)Require health practitioners, care custodians, clergy members, and employees of county adult protective services agencies and local law enforcement agencies to report known or suspected cases of abuse of elders and dependent adults, and to encourage community members in general to do so.
(b)Collect information on the numbers of abuse victims, circumstances surrounding the act of abuse, and other data that will aid the state in establishing adequate services to aid all victims of abuse in a timely and compassionate manner.
(c)Provide for protection under the law for all persons who report suspected cases of abuse, as long as the report is not made with malicious intent.