If a nurse, home health aide or other caregiver harmed you or a family member in California, California law can treat that as abuse, whether the harm was sexual, physical, emotional, financial or neglect. You can report it to Adult Protective Services or the Long-Term Care Ombudsman, and you may be able to bring a civil claim against the caregiver and the facility or agency that employed them.
This article explains how California defines caregiver abuse, how reporting works, and what a civil claim (a lawsuit seeking compensation, separate from any criminal case) can involve. Justice for Survivors focuses on civil claims for sexual abuse and serious abuse by people in positions of trust.
What Nurse and Caregiver Abuse Means Under California Law
The starting point is Cal. Welf. & Inst. Code § 15610.07, which defines "abuse of an elder or dependent adult." It covers physical abuse, neglect, financial abuse, abandonment, isolation, and other treatment that causes physical harm, pain or mental suffering, as well as a caregiver depriving someone of goods or services they need to avoid that harm.
Three other definitions decide who these protections reach.
- Elder. Under § 15610.27, an elder is any California resident aged 65 or older.
- Dependent adult. Under § 15610.23, a dependent adult is a person aged 18 to 64 whose physical or mental limitations restrict their ability to carry out normal activities or to protect their rights. Anyone in that age range admitted as an inpatient to a 24-hour health facility also qualifies.
- Care custodian. Under § 15610.17, a care custodian is anyone who provides care or services to elders or dependent adults through a facility, agency or program, including nurses, home health aides, facility staff and in-home caregivers.
These rules apply in nursing homes, assisted living facilities, hospitals and private homes. A person who does not fit the elder or dependent adult definitions still has ordinary civil claims, including claims for sexual assault.
The Forms of Abuse California Law Recognizes
Physical abuse (§ 15610.63). This includes hitting or other use of force, improper restraint, and using medication to control someone rather than to treat them. The statute also places sexual assault within physical abuse.
Sexual abuse. This means sexual contact a person did not agree to. When a person lacks the capacity to consent, or depends on the caregiver for daily needs, apparent agreement may not be consent under California law. Responsibility rests with the caregiver, never with the person in their care.
Emotional or psychological abuse (§ 15610.53). The statute calls this "mental suffering": fear, agitation or confusion caused by threats, humiliation, harassment or intimidation.
Financial abuse (§ 15610.30). This covers taking or keeping someone's money or property wrongfully, by theft, fraud or undue influence.
Neglect (§ 15610.57). Neglect is a caregiver's failure to provide what a reasonable caregiver would: food, hygiene, medication, medical care, or protection from health and safety hazards.
Abandonment (§ 15610.05). This is a caregiver deserting someone they were responsible for, when a reasonable person would have continued care.
These categories often overlap, and a claim can rest on more than one.
Signs That Something May Have Gone Wrong
Many families never witness abuse directly, and the law does not require anyone to have seen the harm before raising a concern. Observations that often prompt questions include:
- Injuries, bruising or weight loss that no one can explain clearly.
- Withdrawal, fearfulness, or agitation around one particular staff member.
- Poor hygiene, bedsores, or signs of dehydration.
- Unexplained bank transactions or missing belongings.
- Staff who discourage or refuse private visits and conversations.
One sign may be enough to justify asking questions. Uncertainty is normal, and it is exactly the situation reporting agencies are set up to handle.