AB-251
Social Services

Elders and dependent adults: abuse or neglect.

Engrossed
CA
2025-2026 Regular Session
0
0
Track

Key Takeaways

  • Lowers the evidence standard for elder abuse cases when care facilities destroy or alter evidence.
  • Requires courts to award attorney fees and costs to victims who prove abuse or neglect.
  • Applies only to residential care, adult community care, and skilled nursing facilities.
  • Becomes void if state must reimburse facilities through Medi-Cal without legislative funding.

Summary

Assembly Member Kalra's elder abuse legislation modifies California's evidentiary standards for civil claims against residential care facilities when defendants destroy or conceal evidence. The measure allows courts to apply a preponderance of evidence standard, rather than the current clear and convincing evidence requirement, in cases where facilities engage in spoliation of evidence.

The bill defines spoliation as the intentional alteration, concealment, or destruction of records that materially prejudices a plaintiff's case. Courts may find spoliation occurred when facilities destroy records before legally required retention periods expire, violate their written retention policies, or fail to preserve evidence after receiving directives to do so. The provisions apply to residential care facilities for the elderly, adult community care facilities, and skilled nursing facilities, but exclude those operated by acute care hospitals.

The legislation includes fiscal safeguards that render it inoperative if courts or federal regulators determine California must reimburse affected facilities through Medi-Cal for associated costs, unless the Legislature appropriates sufficient funding. The measure maintains existing remedies like attorney fees and damages while adding the modified evidence standard as an additional tool when facilities improperly handle records.

Key Dates

Next Step
Referred to the Senate Standing Committee on Appropriations
Next Step
Senate Committee
Referred to the Senate Standing Committee on Appropriations
Hearing has not been scheduled yet
Senate Appropriations Hearing
Senate Committee
Senate Appropriations Hearing
Placed on suspense file
Senate Judiciary Hearing
Senate Committee
Senate Judiciary Hearing
Do pass, but first be re-referred to the Committee on [Appropriations]
Vote on Assembly Floor
Assembly Floor
Vote on Assembly Floor
AB 251 Kalra Assembly Third Reading
Assembly Judiciary Hearing
Assembly Committee
Assembly Judiciary Hearing
Do pass
Introduced
Assembly Floor
Introduced
Read first time. To print.

Contacts

Profile
Anna CaballeroD
Senator
Committee Member
Not Contacted
Not Contacted
Profile
Ash KalraD
Assemblymember
Bill Author
Not Contacted
Not Contacted
Profile
Tim GraysonD
Senator
Committee Member
Not Contacted
Not Contacted
Profile
Megan DahleR
Senator
Committee Member
Not Contacted
Not Contacted
Profile
Kelly SeyartoR
Senator
Committee Member
Not Contacted
Not Contacted
0 of 8 row(s) selected.
Page 1 of 2
Select All Legislators
Profile
Anna CaballeroD
Senator
Committee Member
Profile
Ash KalraD
Assemblymember
Bill Author
Profile
Tim GraysonD
Senator
Committee Member
Profile
Megan DahleR
Senator
Committee Member
Profile
Kelly SeyartoR
Senator
Committee Member
Profile
Aisha WahabD
Senator
Committee Member
Profile
Christopher CabaldonD
Senator
Committee Member
Profile
Laura RichardsonD
Senator
Committee Member

Similar Past Legislation

Bill NumberTitleIntroduced DateStatusLink to Bill
AB-2773
Elders and dependent adults: abuse or neglect.
February 2024
Vetoed
Showing 1 of 1 items
Page 1 of 1

Get Involved

Act Now!

Email the authors or create an email template to send to all relevant legislators.

Introduced By

Ash Kalra
Ash KalraD
California State Assembly Member
40% progression
Bill has passed all readings in its first house and is ready to move to the other house (4/1/2025)

Latest Voting History

June 30, 2025
PASS
Senate Committee
Senate Appropriations Hearing
AyesNoesNVRTotalResult
6017PASS

Key Takeaways

  • Lowers the evidence standard for elder abuse cases when care facilities destroy or alter evidence.
  • Requires courts to award attorney fees and costs to victims who prove abuse or neglect.
  • Applies only to residential care, adult community care, and skilled nursing facilities.
  • Becomes void if state must reimburse facilities through Medi-Cal without legislative funding.

Get Involved

Act Now!

Email the authors or create an email template to send to all relevant legislators.

Introduced By

Ash Kalra
Ash KalraD
California State Assembly Member

Summary

Assembly Member Kalra's elder abuse legislation modifies California's evidentiary standards for civil claims against residential care facilities when defendants destroy or conceal evidence. The measure allows courts to apply a preponderance of evidence standard, rather than the current clear and convincing evidence requirement, in cases where facilities engage in spoliation of evidence.

The bill defines spoliation as the intentional alteration, concealment, or destruction of records that materially prejudices a plaintiff's case. Courts may find spoliation occurred when facilities destroy records before legally required retention periods expire, violate their written retention policies, or fail to preserve evidence after receiving directives to do so. The provisions apply to residential care facilities for the elderly, adult community care facilities, and skilled nursing facilities, but exclude those operated by acute care hospitals.

The legislation includes fiscal safeguards that render it inoperative if courts or federal regulators determine California must reimburse affected facilities through Medi-Cal for associated costs, unless the Legislature appropriates sufficient funding. The measure maintains existing remedies like attorney fees and damages while adding the modified evidence standard as an additional tool when facilities improperly handle records.

40% progression
Bill has passed all readings in its first house and is ready to move to the other house (4/1/2025)

Key Dates

Next Step
Referred to the Senate Standing Committee on Appropriations
Next Step
Senate Committee
Referred to the Senate Standing Committee on Appropriations
Hearing has not been scheduled yet
Senate Appropriations Hearing
Senate Committee
Senate Appropriations Hearing
Placed on suspense file
Senate Judiciary Hearing
Senate Committee
Senate Judiciary Hearing
Do pass, but first be re-referred to the Committee on [Appropriations]
Vote on Assembly Floor
Assembly Floor
Vote on Assembly Floor
AB 251 Kalra Assembly Third Reading
Assembly Judiciary Hearing
Assembly Committee
Assembly Judiciary Hearing
Do pass
Introduced
Assembly Floor
Introduced
Read first time. To print.

Latest Voting History

June 30, 2025
PASS
Senate Committee
Senate Appropriations Hearing
AyesNoesNVRTotalResult
6017PASS

Contacts

Profile
Anna CaballeroD
Senator
Committee Member
Not Contacted
Not Contacted
Profile
Ash KalraD
Assemblymember
Bill Author
Not Contacted
Not Contacted
Profile
Tim GraysonD
Senator
Committee Member
Not Contacted
Not Contacted
Profile
Megan DahleR
Senator
Committee Member
Not Contacted
Not Contacted
Profile
Kelly SeyartoR
Senator
Committee Member
Not Contacted
Not Contacted
0 of 8 row(s) selected.
Page 1 of 2
Select All Legislators
Profile
Anna CaballeroD
Senator
Committee Member
Profile
Ash KalraD
Assemblymember
Bill Author
Profile
Tim GraysonD
Senator
Committee Member
Profile
Megan DahleR
Senator
Committee Member
Profile
Kelly SeyartoR
Senator
Committee Member
Profile
Aisha WahabD
Senator
Committee Member
Profile
Christopher CabaldonD
Senator
Committee Member
Profile
Laura RichardsonD
Senator
Committee Member

Similar Past Legislation

Bill NumberTitleIntroduced DateStatusLink to Bill
AB-2773
Elders and dependent adults: abuse or neglect.
February 2024
Vetoed
Showing 1 of 1 items
Page 1 of 1