In an analysis of federal nursing home oversight data in 2025, more than 7,600 health citations were reported for abuse and neglect-related violations in nursing homes during the past year. The figure gives an idea about how common care problems are identified by regulators.
Nursing home abuse is an important issue from the legal perspective and a unique public health concern, as it affects one of the most vulnerable segments of American society. Legal statutes that protect elders vary by state. The California Penal Code § 368 outlines the protection of the elderly and dependent adults from abuse, neglect, or exploitation, provided that they are typically aged at least 65 years.
At the state level, caregivers can be criminally charged for harming others through deliberate infliction of physical pain or mental suffering. One more thing is that caregivers must endeavor to guarantee the safety and sound health of elderly residents.
Management problems such as staffing and supervision in nursing homes may contribute to an unsafe environment. The facility itself may face liability if it violates its duties to residents.
Let’s discuss the important role played by California Penal Code 368 in providing protection to elderly residents in nursing homes.
What Penal Code 368 Covers
There are no federal provisions that correspond with the California Penal Code 368. The Nursing Home Reform Act and Elder Justice Act are some of the rules placed in effect to offer federal protection to any facility with federal certification.
The system of law provides for punishment against those who, whether intentionally or negligently, commit any form of elder abuse consisting of physical abuse, neglect, or some other form of harmful treatment on those who are elderly or dependent adults. An individual is categorized as elderly when he or she is at least 65 years old. The law prohibits financial exploitation that occurs through willful endangerment and unauthorized use of another person’s assets.
The law requires PC 368 to handle multiple dangerous activities, which include physical abuse, emotional abuse, sexual abuse, financial exploitation, neglect, endangerment, and abandonment. Staff members in nursing homes who use physical force inappropriately and who implement physical restraints without proper medical authorization commit acts of physical abuse.
Neglect simply means that one hasn’t provided enough food or water to the necessary resident. Abuse in the case of the elderly would mean neglecting to bathe or fulfill medical services for them. Financial abuse would involve theft, forgery, fraud, or undue influence. This type of abuse refers to someone who unlawfully acquires money or property from a resident.
Criminal Penalties Under PC 368
The law in PC 368 establishes separate assessment methods for determining misdemeanor and felony charges based on the extent of resulting damage.
The law under Penal Code 368(b)(1) establishes that all conduct that creates a risk of severe bodily harm or death can face both misdemeanor and felony charges, which include state prison terms of two to four years.
The court will impose an additional three-year sentence if the victim suffers severe bodily harm and is under 70 years old. An addition five-year sentence will be imposed when the victim is 70 years old or older.
If no serious bodily injury or death occurred from their actions, a misdemeanor may be levied. A sentence for a misdemeanor nursing home crime could be set to a fine and up to a year’s imprisonment in the county jail.
Prosecution charges will be influenced by certain factors, such as how long the defendant carried on with wrongdoing, how much damage they caused, and the position the defendant held.
Mandatory Reporting Obligations
In the State of California, the law requires certain individuals to report that they have knowledge or suspicion of the abuse of elders and dependent adults. Welfare and Institutions Code § 15630 designates all healthcare professionals, care custodians, adult protective services workers, and law enforcement personnel as required reporters.
All healthcare workers who work at nursing facilities must report any abuse they encounter as part of their job responsibilities.
A mandated reporter who does not report known or suspected elder abuse will be declared guilty of a misdemeanor. Investigations into licensed nursing facilities’ accusations about abuse are channeled to either the Long-Term Care Ombudsman, the local law enforcement, or the appropriate California Department of Public Health district office.
According to nursing home abuse attorney Tedrick Knightshead, you should notify the nursing home’s management if you believe your loved one was abused. Should the problem persist or your concerns go unacknowledged, it may be time to consult an attorney.
Civil Liability and the Elder Abuse Act
The majority of civil lawsuits connected to nursing home abuse cases stem from PC 368. Unfortunately, this legal code lacks any mechanism that allows individual citizens to pursue legal action.
The Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) functions as the primary civil law pathway that allows California residents to file legal claims. These claims fall under the provisions of California law established in Welfare and Institutions Code § 15600 and its subsequent sections.
EADACPA provides remedies that substantially exceed those available in an ordinary negligence action. The defendant’s reckless conduct, oppressive behavior, fraudulent actions, and malicious activities serve as evidence that the plaintiff has proven elder abuse.
The section allows attorneys to recover their fees and costs. This section removes the usual restrictions to the claim of pre-death pain and suffering under California’s Code of Civil Procedure section 377.34.
A plaintiff who meets the EADACPA criteria receives a higher compensation than someone who can only access standard negligence remedies. To prove recklessness or malice against a corporate nursing home operator, the plaintiff must present evidence showing that the operator employed insufficient staff and chose to cut costs.
Regulatory Channels for Reporting and Investigation
In California, families and residents have multiple ways to report regulatory violations. These measures exist separately from criminal prosecution and civil litigation.
The California Department of Public Health (CDPH) serves as the main regulatory body overseeing skilled nursing facilities and handling complaints from all members of the public who wish to file them. The process for implementing the investigation in the long-term care facilities begins when someone makes a complaint and ends within 60 days. Expedited investigation procedures will be provided to facilities with imminent danger allegations.
In the state of California, ombudsmen representing the Long-Term Care Ombudsman Program serve as advocates and investigators for the resolution of nursing home resident complaints. Ombudsman representatives are granted the authority to stand up for residents while directing cases to law enforcement and the CDPH.
Adult Protective Services (APS) handles complaints involving elders and dependent adults primarily in community settings. The APS hotline operates statewide as a 24-hour service through the number 1-833-401-0832.
Key Takeaways
The criminal penalties for various offenses to protect the elderly and dependent adult individuals from abuse, neglect, emotional abuse, financial exploitation, and abandonment can be found in article 368 of the California Penal Code. This statute extends its coverage to elderly people who reside in nursing homes.
Under California law, felony offenses with grave consequences are committed by culpable parties who inflict a significant degree of injury or even death on an individual at or above the age of 70. The law requires healthcare professionals and all mandated reporters to report any elder abuse cases that they identify or suspect according to Welfare and Institutions Code § 15630.
The EADACPA law empowers victims of nursing home abuse to file civil lawsuits. The law allows victims to collect attorneys’ fees and breach the damage limitation established by CCP § 377.34 when they prove reckless or malicious conduct through clear and convincing evidence.
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