Elders and dependent adults: abuse or neglect.

Assembly Member Kalra's legislation modifies California's Elder Abuse and Dependent Adult Civil Protection Act by allowing courts to apply a lower evidence standard in cases where residential care or skilled nursing facilities destroy or conceal evidence. The bill permits courts to use a "preponderance of evidence" standard rather than the currently required "clear and convincing evidence" when facilities engage in spoliation - the intentional alteration, concealment, or destruction of records and documents material to abuse or neglect claims.

The measure defines spoliation as occurring when facilities destroy records before legally required retention periods expire, violate their written retention policies, or disregard preservation directives. Courts must issue written findings when applying the lower evidence standard. The provisions apply specifically to licensed residential care facilities for the elderly and skilled nursing facilities, with exemptions for acute care hospitals and facilities with certain Medi-Cal licenses.

The bill maintains existing provisions for attorney fees and conservator costs while preserving damage caps under current civil code. A fiscal safeguard makes the changes inoperative if courts or federal regulators determine the state must provide Medi-Cal reimbursement to facilities for associated costs, unless the Legislature appropriates sufficient funding. The bill specifies that facilities already have a duty to preserve evidence, meaning these requirements create no new reimbursable mandate.