§ 15610.57. — 15610.57. (Amended by Stats. 2021, Ch. 85, Sec. 65.)

California § 15610.57.

• Jurisdiction: California
• Code WIC: Welfare and Institutions Code - WIC
• Div. 9.: DIVISION 9. PUBLIC SOCIAL SERVICES
• Part 3.: PART 3. AID AND MEDICAL ASSISTANCE
• Ch. 11.: CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act
• Art. 2.: ARTICLE 2. Definitions

Text

(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)
Substantial inability or failure of an elder or dependent adult to manage their own finances.
(6)
Failure of an elder or dependent adult to satisfy any of the needs specified in paragraphs (1) to (5), 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), inclusive, of subdivision (b).

Legislative History

Amended by Stats. 2021, Ch. 85, Sec. 65. (AB 135) Effective July 16, 2021.