Families trust day programs, group homes and care providers with the people they love most. When an adult with a developmental or physical disability is hurt because staff did not supervise, did not call for help, or did not give needed care, California law gives the family strong tools.
Lawsuit against a regional center vendor and Lanterman Regional Center over a community outing in Pasadena.
Who is a dependent adult
Under California law, a dependent adult is a person between 18 and 64 who has physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his or her rights. That includes adults with developmental disabilities. It also includes a person between 18 and 64 who is admitted as an inpatient to a 24-hour health facility (Welfare and Institutions Code § 15610.23). For people 65 and older, see elder abuse.
What counts as neglect
Neglect is the failure of a person or company with care or custody of a dependent adult to use the care that a reasonable person in the same position would use (Welfare and Institutions Code § 15610.57). It includes a failure to:
- provide medical care for physical and mental health needs;
- protect the person from health and safety hazards; and
- help with personal care, food, clothing or shelter.
Examples we see: no supervision on a community outing; a fall with no 911 call; a person moved or driven after a serious injury instead of being seen by paramedics; choking at a meal without the required diet or supervision; a person who wanders away; medication errors; injuries during transport.
Regional centers and the providers they approve
California’s 21 regional centers coordinate and pay for services for people with developmental disabilities under the Lanterman Developmental Disabilities Services Act (Welfare and Institutions Code § 4500 and following). The services are listed in each person’s Individual Program Plan. Private companies called vendors provide many of them: day programs, residential homes, supported living and transportation.
Vendors must report serious incidents to the regional center (Cal. Code Regs., tit. 17, § 54327). Those reports, the Individual Program Plan, and the regional center’s own reviews are often key evidence.
Stronger remedies for abuse and neglect
The Elder Abuse and Dependent Adult Civil Protection Act adds remedies beyond an ordinary negligence case. When it is proven by clear and convincing evidence that a defendant is liable for physical abuse or neglect, and acted with recklessness, oppression, fraud or malice, the court must award reasonable attorney’s fees and costs (Welfare and Institutions Code § 15657). Against an employer, the law also requires proof tied to the employer’s own conduct, such as an officer, director or managing agent who authorized or ratified the conduct (§ 15657(c); Civil Code § 3294(b)).
What to do now
- Get medical care. If the person cannot stand or bear weight after a fall, call 911.
- Ask the provider and the regional center, in writing, for the incident report.
- Write down names, times, places and what staff told you.
- Keep the Individual Program Plan and any notes about the required level of supervision.
- If the person lives in a licensed facility, you can also report to the facility’s licensing agency. In the community, you can report to Adult Protective Services.
- Talk to a lawyer before you sign anything from the provider or its insurer.
Who can bring the claim
If the dependent adult cannot bring the case on his or her own, the court can appoint a guardian ad litem, often a parent or sibling, to bring it for that person (Code of Civil Procedure § 372). If the person died, the family may have a wrongful death claim and the estate may have its own claims.
Deadlines
Deadlines vary. Some claims, such as those against a public agency, have deadlines measured in months, not years. Call early, and we find the deadline that applies to you.
What does it cost?
No fee unless we win. If we lose, you owe no fee and no costs.