AB 251: Elders and dependent adults: abuse or neglect.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

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.

Sponsors

Sponsors by party (alphabetical): Democratic 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. October 7, 2025Chaptered by Secretary of State - Chapter 433, Statutes of 2025.
2. October 7, 2025Approved by the Governor.
3. September 15, 2025Enrolled and presented to the Governor at 4:30 p.m.
4. September 8, 2025Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 60. Noes 10. Page 3023.).
5. September 4, 2025In Assembly. Concurrence in Senate amendments pending.
6. September 4, 2025Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 7. Page 2515.).
7. August 29, 2025Read second time. Ordered to third reading.
8. August 29, 2025From committee: Do pass. (Ayes 5. Noes 2.) (August 29).
9. June 30, 2025In committee: Referred to APPR. suspense file.
10. June 23, 2025From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
11. June 17, 2025From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (June 17). Re-referred to Com. on APPR.
12. May 7, 2025Referred to Coms. on JUD. and APPR.