California Nursing Home Abuse Lawyer Blog
Yes. In California, adults with developmental disabilities can qualify as dependent adults under the same law that protects elderly people from abuse and neglect. You do not have to be over 65. If your adult family member has a condition that limits their ability to care for themselves, they may have the same legal protections as any nursing home resident — and the same rights if those protections are violated.
What exactly is a dependent adult under California law?
A dependent adult is generally any person between the ages of 18 and 64 who has a physical and/or mental limitation that restricts their ability to carry out normal activities or to protect their own rights. That definition is broad on purpose. It covers people with physical disabilities, cognitive impairments, serious mental illness, and developmental disabilities. Age alone is not the deciding factor — the level of limitation is.
Adults 65 and older are covered automatically by California’s Elder Abuse and Dependent Adult Civil Protection Act. For younger adults, the question is whether the person’s condition meets the definition of dependency. An attorney can evaluate your family member’s specific situation and tell you whether they qualify.
What counts as a developmental disability for these purposes?
Developmental disabilities are conditions that originate before adulthood and affect a person’s ability to function independently. Common examples include intellectual disability, cerebral palsy, epilepsy, and autism spectrum disorder. California has its own definitions for who qualifies for state developmental services, but those definitions and the legal standard for dependent adult status are not identical. Whether your family member’s diagnosis meets the legal threshold is a question for an attorney.
What matters most in a legal context is the practical effect of the condition on the person’s daily functioning — their ability to make decisions, communicate distress, resist mistreatment, or advocate for themselves. People who cannot easily speak up when something is wrong are exactly the people who this law was designed to protect.
What kinds of facilities care for adults with developmental disabilities in California?
Adults with developmental disabilities live in many different settings. Some live in group homes or community care facilities licensed by the state. Others live in skilled nursing facilities, intermediate care facilities, or regional center-funded residential programs. Some live at home with paid caregivers. The type of facility matters because different settings are regulated by different state agencies, and the specific rules that apply can vary. No matter the type of facility, this basic principle remains active: any caregiver, facility, or program responsible for a dependent adult has a duty to keep that person safe.
If you are unsure what kind of facility your family member is in or which agency oversees it, the California Department of Public Health, the California Department of Social Services, and the Long-Term Care Ombudsman program are all places to start. An attorney can help you understand what a facility’s designation means for your specific situation.
What does abuse or neglect look like among dependent adults?
It can look different from what you might expect. Adults with developmental disabilities often have limited ability to communicate — they may not be able to tell you what happened, who hurt them, or that they are in pain. You may notice changes in behavior instead: sudden withdrawal or outbursts, fear around certain staff members, regression in skills they had previously mastered, or unexplained injuries.
Physical signs include unexplained bruises, pressure injuries, rapid weight loss, poor hygiene, overmedication resulting in behavioral or personality changes, or signs of dehydration. Neglect — failing to provide adequate food, medication, supervision, or medical care — is just as serious as physical abuse, and is also covered by the law. Financial exploitation of people with developmental disabilities is also a recognized and serious problem.
You know your family member. If something feels wrong, take that seriously.
Is financial abuse of a dependent adult also covered?
Yes. The protections for dependent adults extend beyond physical harm. Taking money or property, forging documents, using undue influence to get someone to change a will or sign a contract, or simply stealing from a person in care — all of these can constitute financial elder and dependent adult abuse under California law. Adults with developmental disabilities may be especially vulnerable to this kind of exploitation because they may not fully understand what is happening or be able to report it themselves.
If someone with access to your family member’s finances — a caregiver, a facility, a trustee, or even another family member — has been misusing their money or assets, that is worth discussing with an attorney.
What can a family do if they suspect abuse or neglect?
First, make sure your family member is safe. If there is immediate danger, call 911. If the situation is urgent but not an emergency, contact the facility’s administrator directly and document that conversation in writing.
Beyond that, there are several reporting pathways in California. Adult Protective Services investigates abuse of dependent adults in home and community settings. The Long-Term Care Ombudsman handles complaints about licensed care facilities. The California Department of Public Health licenses and investigates skilled nursing facilities and hospitals, while the California Department of Social Services licenses and investigates residential care facilities. Regional centers, which coordinate services for people with developmental disabilities in California, also have complaint processes.
Document everything you can: photographs of injuries, written notes with dates and times, names of staff members you spoke with, and copies of any incident reports. This documentation matters if you pursue a legal claim later.
Speaking with an attorney who handles dependent adult abuse cases in California can help you understand your options. There are strict time limits that apply to these kinds of legal claims — the specifics depend on the facts of your situation — so it is worth getting advice as soon as you can following a concerning incident or injury.
Does the law give families any additional tools when abuse is proven?
California’s protections for elders and dependent adults go further than standard negligence law in important ways. When abuse or neglect meets a certain threshold — conduct that is reckless, oppressive, or done with conscious disregard for the person’s safety — the law allows for remedies beyond basic compensation. Attorney’s fees can also be recoverable in certain circumstances. An attorney can explain how those provisions might apply to your family member’s situation.
About the author. Ben Yeroushalmi is an Elder Abuse Attorney, Yeroushalmi Law, representing families in nursing home abuse and neglect matters throughout California.
This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship.
