Abuse of a Disabled Person in California – Legal Help for Disability Abuse

About one-quarter of people in California are living with a disability. Unfortunately, millions of these disabled adults are at risk of mental, physical, or financial abuse. Disabled people are three times more likely to be the victim of serious violent crime like sexual assault, and over 90% of those with developmental disabilities experience sexual abuse at some time in their lives. Much of this abuse occurs in institutions.

Disability abuse in all forms is a crime. Victims and family members also have the right to pursue damages through a civil claim for the abuse of a disabled person in California.

If you or a disabled or dependent adult in your family has suffered abuse or neglect, Berman & Riedel, LLP, is here to help you. Contact our law office to schedule a free consultation with our disabled abuse attorneys in San Diego. We accept cases throughout California.

What Is Considered Abuse of a Disabled Person?

In California, abuse of a disabled or dependent person includes many types of mistreatment, including physical abuse, sexual abuse, emotional or psychological abuse, financial exploitation, neglect, and abandonment. An elder or dependent adult isn't just at a higher risk of abuse than the general population; people with disabilities may face unique types of abuse, such as withholding or destroying mobility or communication devices, or causing harm to a service animal.

Someone is considered "disabled" under California law if they have a physical or mental impairment that limits a major life activity or requires special education or other related services. Disabilities are not always visible: mental illness, psychological disorders, and other mental or cognitive disabilities also qualify.

A "dependent adult" is someone who is between 18 and 64 who has a mental or physical limitation that prevents them from protecting their rights or performing normal activities. This includes people with physical and developmental disabilities, people who have mental or physical abilities diminished by age, and people admitted to 24-hour health facilities.

There are many laws designed to protect vulnerable people and make disabled adult abuse a crime. Call Berman & Riedel, LLP, for a free case evaluation if you need assistance with a civil case involving the abuse of a disabled loved one.

Below are forms of mistreatment that are considered disability abuse in California.

Verbal and Emotional Abuse

Verbal abuse of a disabled person involves inflicting emotional pain or mental suffering through intimidation, threats, insults, or harassment. The individual may threaten harm, yell insults, or do something else to instill fear in the victim. This type of mistreatment can also involve emotional abuse or controlling behavior, such as limiting where or when someone can go or who they can talk to, belittling them, or intentionally causing embarrassment.

Isolation is a form of abuse in which a disabled adult is prevented from participating in society, hobbies, activities, or other social activities. It can include preventing loved ones or friends from visiting, preventing a disabled person from receiving mail or telephone calls, failing to provide or arrange transportation, or failing to allow them privacy during visits.

Physical Abuse

Physical abuse of disabled adults may involve actions like beating, slapping, striking, pinching, or biting. It may also include forcefully confining or restraining someone against their will. Physical abuse is one of the most commonly reported forms of institutional and family violence against disabled individuals.

Sexual Abuse

Sexual abuse involves any type of sexual activity that occurs without consent. This includes sexual exploitation, non-consensual touching, and sexual assault. This form of abuse does not always involve threats or physical force.

Consent is a critical element that distinguishes voluntary sexual acts from criminal abuse. Unfortunately, understanding or expressing consent can be challenging for people with developmental disabilities. California law considers someone to be mentally incapacitated and unable to give consent if they cannot understand the consequences or nature of a sex act due to a physical disability, mental disorder, or developmental disability.

Financial Abuse

Financial exploitation is a common form of abuse of a disabled adult. It occurs when someone exploits or mishandles someone else's property or money. Older adults and people with developmental disabilities may be viewed as easy targets for scams or financial manipulation.

Financial abuse may involve using the disabled adult's assets without their consent. The perpetrator may even manipulate or coerce the disabled adult into letting them use the assets or sign important documents they do not understand.

Neglect

Neglect happens when a caregiver does not provide care to a disabled, elderly, or dependent adult. It's abuse when someone is legally responsible for a disabled or dependent person and fails to provide the support, assistance, and services they need to meet their physical, emotional, social, and medical needs. Examples include:

• Failure to provide food that's nutritious and adequate, or necessary assistance with eating
• Failure to provide proper medical care or medications
• Depriving a disabled person of assistive devices
• Failure to provide needed assistance with daily activities like grooming and dressing

Abandonment

Abandonment happens when a caregiver deserts the adult after they assume caregiving responsibilities. It's a willful forsaking that leaves the disabled person alone and without the assistance, food, transportation, or services they depend on to survive. Abandonment may involve leaving a disabled person at home alone for a long period of time or dropping them off at a location that doesn't provide the care the individual requires.

How to Recognize Abuse of a Disabled Person

Recognizing warning signs of abuse isn't always easy. It can be difficult to tell whether a bruise is from a genuine accident or an intentional injury. Loved ones must be diligent and observant when it comes to spotting signs of abuse.

Important signs a loved one is being abused include:

• Unexplained changes in behavior or personality, such as refusing to see certain people or appearing more withdrawn or anxious
• Injuries such as unexplained cuts, bruises, burns, or broken bones, especially recurring injuries without explanation. Pay extra attention to the upper arms and wrists for marks from restraints or being grabbed.
• Pressure sores (bedsores)
• Infection or issues that do not seem to have received medical care
• Poor hygiene
• Unsanitary living conditions
• Rapid or unexplained weight loss

Signs of financial abuse of a disabled person may include:

• Unknown or unexplained charges or large cash withdrawals
• Reliance on a caregiver with a history of mental health issues, substance abuse, or theft
• A new person in their life with sudden, major control over finances or caregiving duties
• Unpaid bills
• Missing or misplaced items

If anything seems off, ask questions and take notes. Notify police or a long-term care ombudsman if you believe someone is being mistreated or abused.

Disability Abuse Laws: Legal Protections for Older Adults and People with Disabilities

California has several laws designed to protect disabled, elderly, and dependent adults from abuse and neglect.

• The California Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) protects elderly people and dependent adults from physical abuse, emotional abuse, abandonment, neglect, financial abuse, and isolation.
• The Lanterman-Petris-Short (LPS) Act protects people with mental disorders and developmental disabilities from indefinite, inappropriate, and involuntary commitment. This law established a system for evaluation, psychiatric holds, and conservatorship.
• California Penal Code 368 makes elder abuse a crime with enhanced sentencing as a misdemeanor or felony for physical or emotional abuse, neglect, or financial abuse of a senior 65 or older.

How to Report Someone Taking Advantage of a Disabled Person or Elder Abuse

If you think someone is suffering from abuse, neglect, or mistreatment, there are several resources to turn to for help. Always call 911 if you believe someone is in immediate danger. You can also contact your local law enforcement agency, regardless of where the adult is living. This ensures action is taken as quickly as possible.

If the situation does not seem to be an emergency, you should contact the appropriate department or program, depending on where the individual is living.

Reporting Abuse in a Nursing Home or Other Facility

For dependent or disabled adults in a nursing home, assisted living facility, or other long-term care facility, your local long-term care ombudsman is a good place to start. An ombudsman investigates disabled and elder abuse and other complaints to help families and victims reach a resolution. They can also assist with contacting authorities or cross-reporting abuse to the correct agency if necessary.

Nursing home abuse and abuse in health care facilities should be reported to the California Department of Public Health (CDPH). You can submit a complaint online, and it will be routed to the correct district office.

The California Department of Social Services (CDSS) investigates abuse in assisted living facilities, adult day programs, and continuing care retirement communities (CCRCs). Report suspected elder or disability abuse online through the Community Care Licensing Division (CCLD) or call 844-LET-US-NO (844-538-8766).

You can also report elder abuse, disability abuse, and Medi-Cal fraud, including providers performing unnecessary procedures, to the California Attorney General, Division of Medi-Cal Fraud and Elder Abuse (BMFEA). This division investigates and prosecutes crimes against the most vulnerable Californians.

Report Abuse & Self-Neglect in the Community to Adult Protective Services (APS)

For disabled or dependent adults living in their home, elsewhere in the community, or receiving care in a hospital, report abuse, neglect, or self-neglect to Adult Protective Services. APS is responsible for investigating abuse and mistreatment of seniors (60 and older) and disabled or dependent adults (18 to 59 years old).

Each county has its own APS department. Your local department can help you with disability abuse reporting and investigations. You can call the 24-hour hotline at 1-833-401-0832 and enter your zip code to be connected to your local county APS.

Contact Berman & Riedel, LLP For Legal Help With a Disability Abuse Case

Elderly and disabled adults in our community deserve protection and care. Yet all too often, they are subjected to neglect, abuse, and harassment by family members, facilities, and caregivers they trust to protect them.

If you or a disabled loved one has been the victim of abuse, Berman & Riedel, LLP is here to help. Contact our law firm for a free consultation with a San Diego disability abuse attorney to discuss your legal options for pursuing a civil case against the abusers. We accept cases throughout the state of California, and we are here to listen and help your family.

FAQs - Disability Abuse in California

What Is Financial Exploitation of a Disabled Person?

In California, financial abuse of a disabled person refers to using, keeping, or taking the individual's property or money with the intent to defraud, by undue influence, or for wrongful use. It includes using manipulation or coercion to obtain "gifts," exerting undue influence to change legal documents, misusing a power of attorney, and stealing belongings or cash.

What Constitutes Neglect of a Disabled Person?

Neglect is the failure of a caregiver to provide necessary medical care, protection from health and safety hazards, assistance with hygiene, shelter, clothing, and food, and assistance with the daily tasks of living to a dependent adult.

Is It Illegal to Leave a Disabled Person Alone?

Leaving someone who is disabled or dependent alone is not always a crime. It becomes neglect if they are left by a care custodian in conditions that risk their safety or health, or without the necessities, for the duration of the absence.

It's considered abandonment of a disabled person if the care custodian deserts them in an unsafe or inappropriate location, leaves without notice, or disappears and cuts off contact.

What Is the Penalty for Assaulting a Disabled Person?

California’s Penal Code §368 covers crimes against elders and dependent adults. If you know or should know the person is a dependent adult and you inflict unjustifiable physical pain or mental suffering or place them in danger, it's punishable as a misdemeanor or felony.

• A misdemeanor is punishable by up to one year in county jail
• A felony is punishable by up to four years in state prison

Additional prison time applies if the victim suffers great bodily injury or wrongful death. In this case, it counts as a strike under California's Three Strikes Law.

What Happens if a Disabled Person Hits You?

Being disabled doesn’t give someone a free pass if they commit violence. However, capacity and intent are considered to determine if the act was a crime and may affect the legal proceedings.

Even if someone lacks the legal capacity to understand their actions or stand trial, you still have the right to take reasonable actions to defend yourself. Any assault should be reported to the police. If necessary, you can also seek a restraining order.