Abuse and Neglect
We base our materials on the law at the time we write them. The law can change at any time. If you have a question about the legal accuracy of the materials, contact us or another legal resource.
This report describes the nature and extent of abuse and neglect perpetrated against people with developmental disabilities and identifies systemic issues that underlie the increased risk for victimization of this population.
California law has long recognized a competent adult’s right to make decisions about his/her health care. This includes consenting to and refusing medical treatment, including life-sustaining treatment...
This report describes DRC's findings and recommendations after analyzing cases in which California Department of Public Health Licensing and Certification Division issued lower level citations for nursing home resident deaths where the conduct of staff directly contributed to the residents’ deaths.
Protection & Advocacy, Inc. (PAI) has investigated a number of deaths or serious injuries sustained while the victim was restrained face down or prone. PAI’s medical expert has concluded that these deaths or injuries were most likely caused by positional asphyxiation and, specifically, the prone restraint position.
Law enforcement officers are overwhelmingly the first responders to incidents involving persons with mental health disabilities who are in crisis. They respond to 911 calls ranging from suicide attempts to complaints about people potentially endangering themselves or others. They also encounter individuals in mental health crisis while on routine patrol.
PAI has conducted several investigations into deaths related to the combined use of multiple psychiatric medications. Three recent cases were also reviewed by experts in clinical psychiatry, psychopharmacology and toxicology. In each case, the experts were critical of the polypharmacy regimen prescribed and the adequacy of the clinical response in the face of patient deterioration.
You have special protections if you are an adult with disability or an elder who has been abused, neglected, or targeted for a crime because of your disability. This publication explains the protections.
Do you know an elder or dependent adult who may be the victim of abuse or neglect? Abuse and neglect includes: assault and battery, sexual assault, inappropriate use of physical or chemical restraint or medication, isolation, and financial abuse.
This publication discusses a representative payee's fiduciary duty to act in the best interest of the beneficiaries they serve. The three major responsibilities of the representative payee can broadly be categorized as: money management; accounting and reporting obligations; and advocacy.
DRC issued this report to ensure that the same level of protections are provided to children in school settings who are subjected to behavioral restraint and seclusion as guaranteed in most other environments and that such incidents receive the same level of scrutiny and oversight by all responsible entities.
This paper examines current California education law and policy regarding behavior interventions for children with disabilities in schools. It recommends steps that California can take to align itself with national recommendations and with the rapidly growing number of states that are implementing these recommendations through amendments to their state’s education laws and practices.
This report describes DRC's findings and recommendations based on an investigation into five genital laceration incidents occurring at one state developmental center over five years.
This publication describes DRC's access to service providers, facilities, or programs providing care and treatment to persons with disabilities. This access permits DRC to conduct abuse or neglect investigations, provide information and training about the rights of individuals with disabilities, and monitor the service provider, facility, or program’s compliance with respect to the rights and safety of service recipients.
This report describes 12 cases of physical and sexual abuse of nursing home residents by caregivers and traces the handling of these crimes through California’s abuse response and criminal justice systems.
Whether you live in your own rental apartment, a “room and board”, or a licensed “board and care” home, you have many options that can help to protect your housing rights when this happens. This publication will explain the laws and rules available to protect you against unsafe living conditions and unlawful eviction.