Health and Safety Code

Part 40 of 87 · provisions 7,801–8,000

This section says the act is to be known as the Health and Safety Code.

Jurisdiction: United States — California
Instrument: Code
Citation: HSC
Version: Undated source snapshot
Language: en
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The Legislature states findings supporting a unified, single-payer-style health care financing system for all Californians. The State Department of Health Services is renamed the State Department of Health Care Services, and its retained functions continue with the renamed department. The Director of Health Care Services is appointed by the Governor with Senate confirmation, the director receives a salary set by law, and the Governor may appoint up to two chief deputies on the director’s recommendation. The director has the powers of a department head under the cited Government Code chapter. The Department of Health Services has a Division of Rural Health, and that division must administer specified chapters and sections.

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Provisions of Health and Safety Code

Showing 200 of 17,333

1551.3.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 5. Suspension and Revocation [1550 - 1557.5] ( Article 5 added by Stats. 1973, Ch. 1203. )
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Proceedings against certain foster care homes and family placements under this chapter must be confidential and closed to the public, but an administrative law judge may allow some interested persons to attend.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 5. Suspension and Revocation [1550 - 1557.5] ( Article 5 added by Stats. 1973, Ch. 1203. ) ## 1551.3. Notwithstanding Sections 11425.10 and 11425.20 of the Government Code, a proceeding conducted pursuant to this chapter against a foster family home, certified family home, or resource family of a foster family agency shall be confidential and not open to the public in order to preserve the confidential information of a child or foster parent consistent with the confidentiality requirements in Section 1536 of this code, Section 11167.5 of the Penal Code, and Sections 827, 10850, and 16519.55 of the Welfare and Institutions Code. Notwithstanding this requirement, an administrative law judge may admit those persons deemed to have a direct and legitimate interest in a particular case or the work of the court on a case-by-case basis and with any admonishments, limitations, or protective orders that may be necessary to preserve the confidential nature of the proceedings. (Amended by Stats. 2020, Ch. 104, Sec. 10. (AB 2944) Effective September 18, 2020.)
1551.5.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 5. Suspension and Revocation [1550 - 1557.5] ( Article 5 added by Stats. 1973, Ch. 1203. )
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The department may pay witness expenses, including in advance of the hearing, subject to an upper limit.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 5. Suspension and Revocation [1550 - 1557.5] ( Article 5 added by Stats. 1973, Ch. 1203. ) ## 1551.5. In addition to the witness fees and mileage provided by Section 11450.40 of the Government Code, the department may pay actual, necessary, and reasonable expenses in an amount not to exceed the per diem allowance payable to a nonrepresented state employee on travel status. The department may pay witness expenses in advance of the hearing. (Amended by Stats. 1995, Ch. 938, Sec. 60. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
1553.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 5. Suspension and Revocation [1550 - 1557.5] ( Article 5 added by Stats. 1973, Ch. 1203. )
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The state department may still deny or discipline a license or special permit even if the application is withdrawn or the permit is later suspended, expired, forfeited, cancelled, or surrendered, unless the department gives written consent where required.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 5. Suspension and Revocation [1550 - 1557.5] ( Article 5 added by Stats. 1973, Ch. 1203. ) ## 1553. The withdrawal of an application for a license or a special permit after it has been filed with the state department shall not, unless the state department consents in writing to such withdrawal, deprive the state department of its authority to institute or continue a proceeding against the applicant for the denial of the license or a special permit upon any ground provided by law or to enter an order denying the license or special permit upon any such ground. The suspension, expiration, or forfeiture by operation of law of a license or a special permit issued by the state department, or its suspension, forfeiture, or cancellation by order of the state department or by order of a court of law, or its surrender without the written consent of the state department, shall not deprive the state department of its authority to institute or continue a disciplinary proceeding against the licensee or holder of a special permit upon any ground provided by law or to enter an order suspending or revoking the license or special permit or otherwise taking disciplinary action against the licensee or holder of a special permit on any such ground. (Added by Stats. 1973, Ch. 1203.)
1554.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 5. Suspension and Revocation [1550 - 1557.5] ( Article 5 added by Stats. 1973, Ch. 1203. )
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Suspended licenses, registrations, and special permits, and revoked special permits, may be reinstated under Government Code Section 11522.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 5. Suspension and Revocation [1550 - 1557.5] ( Article 5 added by Stats. 1973, Ch. 1203. ) ## 1554. Any license, registration, or special permit suspended pursuant to this chapter, and any special permit revoked pursuant to this chapter, may be reinstated pursuant to the provisions of Section 11522 of the Government Code. (Amended by Stats. 1980, Ch. 1285.)
1555.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 5. Suspension and Revocation [1550 - 1557.5] ( Article 5 added by Stats. 1973, Ch. 1203. )
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If certain community care facility licenses or permits are suspended, revoked, temporarily suspended, forfeited, canceled, or expire, the department must send written notice within 10 days.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 5. Suspension and Revocation [1550 - 1557.5] ( Article 5 added by Stats. 1973, Ch. 1203. ) ## 1555. Whenever a license, registration, or special permit issued under this chapter for a community care facility is suspended, revoked, temporarily suspended, forfeited, canceled, or expires, the department shall provide written notice of that occurrence within 10 days to the local director of social services and the probation officer of the county in which the community care facility is located. (Added by Stats. 1984, Ch. 821, Sec. 1.)
1556.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 5. Suspension and Revocation [1550 - 1557.5] ( Article 5 added by Stats. 1973, Ch. 1203. )
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This section requires the department and facility operators to take steps to protect residents or clients when a community care facility’s license or special permit is temporarily suspended or when residents must be removed.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 5. Suspension and Revocation [1550 - 1557.5] ( Article 5 added by Stats. 1973, Ch. 1203. ) ## 1556. (a) If the director determines that it is necessary to temporarily suspend any license or special permit of a community care facility in order to protect the residents or clients of the facility from physical or mental abuse, abandonment, or any other substantial threat to health or safety, the department shall make every effort to minimize transfer trauma for the residents or clients. (b) The department shall contact any local agency that may have assessment, placement, protective, or advocacy responsibility for the residents or clients of a facility after a decision is made to temporarily suspend the license or special permit of the facility and prior to its implementation. The department shall work together with these agencies and the licensee, if the director determines it to be appropriate, to locate alternative placement sites, and to contact relatives or other persons responsible for the care of these residents or clients, provide onsite evaluation of the residents or clients, and assist in the transfer of the residents or clients. (c) In any case where the department alleges that a client or resident has a health condition or health conditions which cannot be cared for within the limits of the license or special permit, or requires inpatient care in a health facility licensed pursuant to Chapter 2 (commencing with Section 1250), the department shall do all of the following: (1) Consult with appropriate medical personnel about when the client or resident should be removed from the facility and how transfer trauma can be minimized. (2) If the department temporarily suspends the license or special permit of a facility, use medical personnel deemed appropriate by the department to provide onsite evaluation of the clients or residents. (3) If the department does not suspend the license or special permit of a facility, order the licensee to remove only those clients or residents who have health conditions which cannot be cared for within the limits of the license or special permit or require inpatient care in a health facility licensed pursuant to Chapter 2 (commencing with Section 1250), as determined by the department, if the department determines that other clients or residents are not in physical danger. (d) In any case where the department orders the temporary suspension of a licensee or orders the licensee, or holder of a special permit, to remove a client or resident who has a health condition or health conditions which cannot be cared for within the limits of the license or special permit or requires inpatient care in a health facility licensed pursuant to Chapter 2 (commencing with Section 1250), the department may require the licensee or holder of a special permit to do all of the following: (1) Prepare and submit to the department a written plan for the safe and orderly relocation of the client or resident, in a form acceptable to the department. (2) Comply with all terms and conditions of the approved relocation plan. (3) Provide any other information as may be required by the department for the proper administration and enforcement of this section. (Amended by Stats. 2014, Ch. 29, Sec. 16. (SB 855) Effective June 20, 2014.)
1556.5.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 5. Suspension and Revocation [1550 - 1557.5] ( Article 5 added by Stats. 1973, Ch. 1203. )
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If the department makes foster family agency licensure contingent on orientation or a written plan, the orientation and plan must address policies, procedures, or practices that would violate Penal Code Section 11166(i)(1) or (2).

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 5. Suspension and Revocation [1550 - 1557.5] ( Article 5 added by Stats. 1973, Ch. 1203. ) ## 1556.5. (a) If the department, as a condition of licensure, requires the chief executive officer or other authorized member of the board of directors and the administrator of a foster family agency to attend an orientation given by the licensing agency that outlines the applicable rules and regulations for operation of a foster family agency, that orientation shall include, but not be limited to, a description of policies, procedures, or practices that violate paragraph (1) or (2) of subdivision (i) of Section 11166 of the Penal Code. (b) If the department requires, as part of an application for licensure for a foster family agency, a written plan of operation, that plan of operation shall include a written plan establishing policies, procedures, or practices to ensure that the foster family agency does not violate paragraph (1) or (2) of subdivision (i) of Section 11166 of the Penal Code. (c) For purposes of this section, a foster family agency is defined in paragraph (4) of subdivision (a) of Section 1502. (Added by Stats. 2016, Ch. 850, Sec. 2. (AB 1001) Effective January 1, 2017.)
1558.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 5.5. Employee Actions [1558 - 1558.3] ( Article 5.5 added by Stats. 1989, Ch. 825, Sec. 1. )
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The department may exclude or prohibit certain people from facility roles or access, and can impose immediate exclusion in urgent cases.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 5.5. Employee Actions [1558 - 1558.3] ( Article 5.5 added by Stats. 1989, Ch. 825, Sec. 1. ) ## 1558. (a) The department may prohibit any person from being a member of the board of directors, an executive director, or an officer of a licensee, or a licensee from employing, or continuing the employment of, or allowing in a licensed facility or certified family home, or allowing contact with clients of a licensed facility or certified family home by, any employee, prospective employee, or person who is not a client who has: (1) Violated, or aided or permitted the violation by any other person of, any provisions of this chapter or of any rules or regulations promulgated under this chapter. (2) Engaged in conduct that is inimical to the health, morals, welfare, or safety of either the people of this state or an individual in, or receiving services from, the facility or certified family home. (3) Been denied an exemption to work or to be present in a facility or certified family home, when that person has been convicted of a crime, as defined in Section 1522. (4) Engaged in any other conduct that would constitute a basis for disciplining a licensee or certified family home. (5) Engaged in acts of financial malfeasance concerning the operation of a facility or certified family home, including, but not limited to, improper use or embezzlement of client moneys and property or fraudulent appropriation for personal gain of facility moneys and property, or willful or negligent failure to provide services. (b) The excluded person, the facility or certified family home, and the licensee shall be given written notice of the basis of the department’s action and of the excluded person’s right to an appeal. The notice shall be served either by personal service or by registered mail. Within 15 days after the department serves the notice, the excluded person may file with the department a written appeal of the exclusion order. If the excluded person fails to file a written appeal within the prescribed time, the department’s action shall be final. (c) (1) The department may require the immediate removal of a member of the board of directors, an executive director, or an officer of a licensee or exclusion of an employee, prospective employee, or person who is not a client from a facility or certified family home pending a final decision of the matter, when, in the opinion of the director, the action is necessary to protect residents or clients from physical or mental abuse, abandonment, or any other substantial threat to their health or safety. (2) If the department requires the immediate removal of a member of the board of directors, an executive director, or an officer of a licensee or exclusion of an employee, prospective employee, or person who is not a client from a facility or certified family home, the department shall serve an order of immediate exclusion upon the excluded person that shall notify the excluded person of the basis of the department’s action and of the excluded person’s right to a hearing. (3) Within 15 days after the department serves an order of immediate exclusion, the excluded person may file a written appeal of the exclusion with the department. The department’s action shall be final if the excluded person does not appeal the exclusion within the prescribed time. The department shall do both of the following upon receipt of a written appeal: (A) Within 30 days of receipt of the appeal, serve an accusation upon the excluded person. (B) Within 60 days of receipt of a notice of defense pursuant to Section 11506 of the Government Code by the excluded person to conduct a hearing on the accusation. (4) An order of immediate exclusion of the excluded person from the facility or certified family home shall remain in effect until the hearing is completed and the director has made a final determination on the merits. However, the order of immediate exclusion shall be deemed vacated if the director fails to make a final determination on the merits within 60 days after the original hearing has been completed. (d) An excluded person who files a written appeal with the department pursuant to this section shall, as part of the written request, provide their current mailing address. The excluded person shall subsequently notify the department in writing of any change in mailing address, until the hearing process has been completed or terminated. (e) Hearings held pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Division 3 of Title 2 of the Government Code. The standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department. (f) The department may institute or continue a disciplinary proceeding against a member of the board of directors, an executive director, or an officer of a licensee or an employee, prospective employee, or person who is not a client upon any ground provided by this section. The department may enter an order prohibiting any person from being a member of the board of directors, an executive director, or an officer of a licensee or prohibiting the excluded person’s employment or presence in the facility or certified family home, or otherwise take disciplinary action against the excluded person, notwithstanding any resignation, withdrawal of employment application, or change of duties by the excluded person, or any discharge, failure to hire, or reassignment of the excluded person by the licensee or that the excluded person no longer has contact with clients at the facility or certified family home. (g) A licensee’s or certified family home’s failure to comply with the department’s exclusion order after being notified of the order shall be grounds for disciplining the licensee pursuant to Section 1550. (h) (1) (A) In cases in which the excluded person appealed the exclusion order, the person shall be prohibited from working in any facility or being licensed to operate any facility licensed by the department or from being a certified foster parent for the remainder of the excluded person’s life, unless otherwise ordered by the department. (B) The excluded individual may petition for reinstatement one year after the effective date of the decision and order of the department upholding the exclusion order pursuant to Section 11522 of the Government Code. The department shall provide the excluded person with a copy of Section 11522 of the Government Code with the decision and order. (2) (A) In cases in which the department informed the excluded person of their right to appeal the exclusion order and the excluded person did not appeal the exclusion order, the person shall be prohibited from working in any facility or being licensed to operate any facility licensed by the department or a certified foster parent for the remainder of the excluded person’s life, unless otherwise ordered by the department. (B) The excluded individual may petition for reinstatement after one year has elapsed from the date of the notification of the exclusion order pursuant to Section 11522 of the Government Code. The department shall provide the excluded person with a copy of Section 11522 of the Government Code with the exclusion order. (i) Notwithstanding paragraph (2) of subdivision (a) or subdivision (c) of Section 1550, the department shall take reasonable action, including, but not limited to, prohibiting a person from being a member of the board of directors, an executive director, or an officer of a licensee of a licensed facility or certified family home, or denying an application for, or suspending or revoking, a license, special permit, certificate of approval, or administrator certificate, issued under this chapter, or denying a transfer of a license pursuant to paragraph (2) of subdivision (c) of Section 1524, upon a finding of a violation of subdivision (i) of Section 11166 of the Penal Code. (j) For purposes of this section, exclusion, as specified in subdivision (a), shall include exclusion from the home of a resource family, as defined in Section 1517 of this code and Section 16519.5 of the Welfare and Institutions Code. (Amended by Stats. 2019, Ch. 777, Sec. 12. (AB 819) Effective January 1, 2020.)
1558.1.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 5.5. Employee Actions [1558 - 1558.3] ( Article 5.5 added by Stats. 1989, Ch. 825, Sec. 1. )
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The department must exclude and remove certain people from leadership roles in licensed facilities when their prior license, approval, or application history meets specified revocation, rescission, or denial conditions; in some cases the exclusion lasts for one year.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 5.5. Employee Actions [1558 - 1558.3] ( Article 5.5 added by Stats. 1989, Ch. 825, Sec. 1. ) ## 1558.1. (a) (1) If the department determines that a person was issued a license under this chapter, Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with Section 1250), Chapter 3 (commencing with Section 1500), Chapter 3.01 (commencing with Section 1568.01), Chapter 3.2 (commencing with Section 1569), Chapter 3.3 (commencing with Section 1570), Chapter 3.4 (commencing with Section 1596.70), Chapter 3.5 (commencing with Section 1596.90), or Chapter 3.6 (commencing with Section 1597.30), or that the applicant previously was approved as a resource family under Article 2 (commencing with Section 16519.5) of Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions Code, and the prior license was revoked or prior approval was rescinded within the preceding two years, the department shall exclude the person from, and remove the person from the position of a member of the board of directors, an executive director, or an officer of a licensee of, any facility licensed by the department pursuant to the chapter. (2) If the department determines that a person previously was issued a certificate of approval by a foster family agency that was revoked or rescinded by the department pursuant to subdivision (d) of Section 1517 or subdivision (b) of Section 1534 within the preceding two years, the department shall exclude the person from, and remove the person from the position of a member of the board of directors, an executive director, or an officer of a licensee of, any facility licensed by the department pursuant to this chapter. (b) If the department determines that the person had previously applied for a license under this chapter, Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with Section 1250), Chapter 3.01 (commencing with Section 1568.01), Chapter 3.2 (commencing with Section 1569), Chapter 3.3 (commencing with Section 1570), Chapter 3.4 (commencing with Section 1596.70), Chapter 3.5 (commencing with Section 1596.90), or Chapter 3.6 (commencing with Section 1597.30), or that the person previously applied for resource family approval under Article 2 (commencing with Section 16519.5) of Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions Code, and the application was denied within the last year, the department shall exclude the person from, and remove the person from the position of a member of the board of directors, an executive director, or an officer of a licensee of, any facility licensed by the department pursuant to this chapter and as follows: (1) In cases in which the applicant petitioned for a hearing, the department shall exclude the person from, and remove the person from the position of a member of the board of directors, an executive director, or an officer of a licensee of, any facility licensed by the department pursuant to this chapter until one year has elapsed from the effective date of the decision and order of the department upholding a denial. (2) In cases in which the department or county informed the applicant of the right to petition for a hearing and the applicant did not petition for a hearing, the department shall exclude the person from, and remove the person from the position of a member of the board of directors, an executive director, or an officer of a licensee of, any facility licensed by the department pursuant to this chapter until one year has elapsed from the date of the notification of the denial and the right to petition for a hearing. (c) If the department determines that the person had previously applied for a certificate of approval with a foster family agency, and the department ordered the foster family agency to deny the application pursuant to subdivision (d) of Section 1517 or subdivision (b) of Section 1534, the department shall exclude the person from, and remove the person from the position of a member of the board of directors, an executive director, or an officer of a licensee of, any facility licensed by the department pursuant to this chapter and as follows: (1) In cases in which the applicant petitioned for a hearing, the department shall exclude the person from, and remove the person from the position of a member of the board of directors, an executive director, or an officer of a licensee of, any facility licensed by the department pursuant to this chapter until one year has elapsed from the effective date of the decision and order of the department upholding a denial. (2) In cases in which the department informed the applicant of the right to petition for a hearing and the applicant did not petition for a hearing, the department shall exclude the person from, and remove the person from the position of a member of the board of directors, an executive director, or an officer of a licensee of, any facility licensed by the department pursuant to this chapter until one year has elapsed from the date of the notification of the denial and the right to petition for a hearing. (d) Exclusion or removal of an individual pursuant to this section shall not be considered an order of exclusion for purposes of Section 1558 of this code, Section 16519.6 of the Welfare and Institutions Code, or any other law. (e) The department may determine not to exclude the person from, or remove the person from the position of a member of the board of directors, an executive director, or an officer of a licensee of, any facility licensed by the department pursuant to this chapter if it has determined that the reasons for the denial of the application or revocation of the facility license or certificate of approval, or the denial or rescission of resource family approval, were due to circumstances and conditions that either have been corrected or are no longer in existence. (f) For purposes of this section, exclusion from a licensed facility shall include exclusion from a resource family, as defined in Section 1517 of this code and Section 16519.5 of the Welfare and Institutions Code. The exclusion of a resource family or an applicant for resource family approval pursuant to this section shall only be imposed as set forth in the written directives or regulations adopted pursuant to Section 16519.5 of the Welfare and Institutions Code. (Amended by Stats. 2020, Ch. 104, Sec. 11. (AB 2944) Effective September 18, 2020.)
1558.3.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 5.5. Employee Actions [1558 - 1558.3] ( Article 5.5 added by Stats. 1989, Ch. 825, Sec. 1. )
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The department must make an unannounced visit to a facility within 30 days after serving an immediate exclusion order, unless it has already verified the excluded person is not there.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 5.5. Employee Actions [1558 - 1558.3] ( Article 5.5 added by Stats. 1989, Ch. 825, Sec. 1. ) ## 1558.3. The department shall conduct an unannounced visit to a facility within 30 days after the department serves an order of immediate exclusion from the facility upon the licensee or a person subject to immediate removal or exclusion from the facility pursuant to paragraph (3) of subdivision (c) of Section 1522 and subdivision (c) of Section 1558 and in order to ensure that the excluded person is not within the facility, unless the department previously has verified that the excluded person is not within the facility. (Added by Stats. 2008, Ch. 291, Sec. 9. Effective September 25, 2008.)
1559.110.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 5.7. Transitional Housing Placement Program [1559.110- 1559.110.] ( Heading of Article 5.7 amended by Stats. 2017, Ch. 731, Sec. 3. )
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This section sets licensing and operating rules for transitional housing placement providers, including county certification before licensure, service and housing standards, staffing rules, and department regulation authority.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 5.7. Transitional Housing Placement Program [1559.110- 1559.110.] ( Heading of Article 5.7 amended by Stats. 2017, Ch. 731, Sec. 3. ) ## 1559.110. (a) (1) The State Department of Social Services shall license transitional housing placement providers pursuant to this chapter. (2) A transitional housing placement provider may operate either of the following programs, as described in Section 16522.1 of the Welfare and Institutions Code: (A) A Transitional Housing Placement program for participants who are minor foster children. (B) A Transitional Housing Placement program for participants who are nonminor dependents. (3) Before licensure, a transitional housing placement provider shall obtain program certification from the applicable county, in accordance with Section 16522.1 of the Welfare and Institutions Code. For purposes of this paragraph, “applicable county” means the county in which the administrative office or subadministrative office of a transitional housing placement provider is located, or a primary placing county. (b) Transitional housing placement providers shall provide supervised transitional housing services to foster children who are at least 16 years of age. (c) Transitional housing placement providers shall certify that housing units are adequate, safe, and sanitary. (d) Transitional housing units shall include any of the following: (1) A host family with whom a participant lives in an apartment, single-family dwelling, or condominium owned, rented, or leased by the host family, with supervised transitional housing services provided by the licensed transitional housing placement provider. (A) For a transitional housing placement program serving minor foster children, the host family shall be certified by a transitional housing placement provider. (B) (i) For a transitional housing placement program serving nonminor dependents, the host family may be a certified family home approved by a foster family agency and concurrently certified pursuant to subparagraph (A) of paragraph (4) of subdivision (a) of Section 1506, a resource family approved by a foster family agency pursuant to Section 16519.5 of the Welfare and Institutions Code and concurrently certified pursuant to subparagraph (A) of paragraph (4) of subdivision (a) of Section 1506, a resource family approved by a county pursuant to Section 16519.5 of the Welfare and Institutions Code, a licensed foster family home, an approved relative caregiver, or a nonrelative extended family member of a participant. (ii) A resource family, licensed foster family home, certified foster home, approved relative caregiver, or nonrelative extended family member operating as a host family pursuant to clause (i) does not require additional certification by the transitional housing placement provider pursuant to subdivision (c). (2) A staffed site in which a participant lives in an apartment, single-family dwelling, or condominium owned, rented, or leased by a transitional housing placement provider either with an adult employee of the provider who provides supervision or in a building in which one or more adult employees of the provider reside and provide supervision. (3) A remote site in which a participant lives independently in an apartment, single-family dwelling, or condominium owned, rented, or leased by a transitional housing placement provider under the supervision of the provider if the department provides approval. The remote site shall only be available to nonminor dependents. (e) (1) A transitional housing placement provider may cosign a lease with a nonminor dependent as specified by the department. (2) A participant shall not be permitted to solely sign a rental or lease agreement. (f) A transitional housing placement provider’s plan of operation shall include a program statement. The program statement shall contain a description of the core services and supports, as set forth in paragraph (5) of subdivision (b) of Section 11463 of the Welfare and Institutions Code, and as prescribed by the department, to be offered to participants, as appropriate or as necessary. (g) (1) The department shall adopt regulations to govern transitional housing placement providers licensed pursuant to this section. (2) The regulations shall be age appropriate and recognize that nonminor dependents who are about to exit from the foster care system should be subject to fewer restrictions than those who are foster children. At a minimum, the regulations shall provide for all of the following: (A) Require programs that serve both minor foster children and nonminor dependents to have separate rules and program design, as appropriate, for these two groups of youth. (B) Allow nonminor dependents to have the greatest amount of freedom possible in order to prepare them for their transition to adulthood, in accordance with paragraph (1) of subdivision (b) of Section 1502.7. (C) Maintain a program staffing ratio for minor foster children of case manager to participant not to exceed 1 to 12, inclusive. (D) Maintain a program staffing ratio for nonminor dependents of case manager to participant not to exceed a shared average caseload of 1 to 12, inclusive, with a designated lead case manager assigned to each youth. (E) Allow a nonminor dependent participant to share a bedroom or unit in a transitional housing program with any of the following persons: (i) Another participant, including a participant sibling or coparent, as approved by the provider. (ii) A participant in Transitional Housing Program-Plus, as defined in subdivision (s) of Section 11400 of the Welfare and Institutions Code, as approved by the provider. (iii) A nonparticipant roommate, sibling, or coparent, as approved by the provider on a case-by-case basis, as specified by the department. (I) A provider shall give priority to program participants. (II) A provider shall allow a current program participant residing within a unit to reject inclusion of a nonparticipant into their existing unit. (iv) The participant’s children. (v) Any other person as specified by the department. (F) Allow a minor participant to share a bedroom or unit in a transitional housing placement with any of the following persons: (i) Another participant, including a participant sibling or coparent, as approved by the provider. (ii) A participant in Transitional Housing Program-Plus, as defined in subdivision (s) of Section 11400 of the Welfare and Institutions Code, as approved by the provider. (iii) The participant’s children. (iv) A nonparticipant roommate, sibling, or coparent, as approved by the provider on a case-by-case basis, as specified by the department. (I) A provider shall give priority to program participants. (II) A provider shall allow a current program participant residing within a unit to reject inclusion of a nonparticipant into their existing unit. (v) Any other person as specified by the department. (G) Any adult who is not a participant, including participants in Transitional Housing Program-Plus, as defined in subdivision (s) of Section 11400 of the Welfare and Institutions Code, and who resides with a participant shall obtain a criminal record clearance or exemption in accordance with Section 1522. (H) All counties and program contracts shall allow individual program participants and individuals described in subparagraphs (E) and (F) to share bedrooms, bathrooms, and units together, regardless of gender identity. Counties and program contracts shall allow providers and participants to make best matches to allow for gender flexibility, and shall ensure that decisions about sharing pursuant to this subparagraph are led by the program participant and agreed upon in collaboration with the provider. (h) (1) A program manager for a Transitional Housing Placement program for nonminor dependents shall have a master’s degree or higher from an accredited or state-approved graduate school, or equivalent education and experience, as determined by the department. (2) A person who possesses a master’s degree or higher from an accredited or state-approved graduate school in any of the following areas, or equivalent education and experience, as determined by the department, shall be considered to be qualified to perform program manager activities in a Transitional Housing Placement program for nonminor dependents: (A) Marriage, family, and child counseling. (B) Child psychology. (C) Child development. (D) Counseling psychology. (E) Social psychology. (F) Clinical psychology. (G) Educational psychology. (H) Education, with emphasis on counseling. (I) Social work or social welfare. (J) An area that includes the counseling or psychotherapy content required for licensure as a Licensed Professional Clinical Counselor, as specified in Sections 4999.32 and 4999.33 of the Business and Professions Code. (K) A subject area that is functionally equivalent to those listed in subparagraphs (A) to (J), inclusive, as set forth by the department. (i) (1) In addition to the degree specifications in subdivision (h), a program manager for a Transitional Housing Placement program for nonminor dependents shall have a minimum of two years’ experience in a public or private child welfare social services setting or specific experience working with transition age youth who are 16 to 24 years of age, inclusive. (2) Documentation of the completed education and experience requirements shall be maintained in the personnel file. (3) A transitional housing placement provider may request an exception, as specified in subdivision (j), for a person who does not meet the requirements specified in this subdivision or subdivision (h). (4) Persons who were hired as program managers before January 1, 2018, are not required to meet the requirements of this subdivision in order to remain employed as program managers. (j) (1) A transitional housing placement provider shall apply to the department, using the process established by the department, to request an exception to the requirements of subdivision (h) or (i) based on completion of equivalent education and experience. (2) The department may grant exceptions to the requirements described in subdivisions (h) and (i) if the person to whom the exception would apply has a baccalaureate degree from an accredited or state-approved college or university. (3) The department shall approve or deny exceptions to the requirements described in subdivisions (h) and (i) within 30 days of receiving the exception request from the provider. (k) (1) A case manager for a Transitional Housing Placement program for nonminor dependents shall meet either of the following requirements: (A) A minimum of a baccalaureate degree in any of the areas specified in paragraph (2) of subdivision (h). (B) A minimum of a baccalaureate degree in an area not specified in paragraph (2) of subdivision (h) and a minimum of two years’ experience in a public or private child welfare social services setting, or specific experience working with transition age youth who are 16 to 24 years of age, inclusive. (2) Documentation of the completed education and experience requirements shall be maintained in the personnel file. (3) Persons who were hired as case managers before January 1, 2018, are not required to meet the requirements of this subdivision in order to remain employed as a case manager. (4) A transitional housing placement provider shall apply to the department, using the process established by the department, to request an exception to the requirements of subparagraph (A) or (B) of paragraph (1) based on completion of equivalent education and experience shall apply to the department using the process established by the department. (l) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific the changes made by the act that added this subdivision by means of all-county letters or similar instructions from the department until regulations are adopted. These all-county letters or similar written instructions shall have the same force and effect as regulations until the adoption of regulations. (Amended by Stats. 2025, Ch. 187, Sec. 1. (AB 1314) Effective January 1, 2026.)
1560.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 6. Other Provisions [1560 - 1565.5] ( Article 6 added by Stats. 1973, Ch. 1203. )
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The director can require a bond before issuing a community care facility license or special permit when the facility handles residents’ money.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 6. Other Provisions [1560 - 1565.5] ( Article 6 added by Stats. 1973, Ch. 1203. ) ## 1560. (a) The director shall require as a condition precedent to the issuance of any license or special permit for a community care facility, if the licensee or holder of a special permit handles or will handle any money of a person within the community care facility, that the applicant for the license or special permit file or have on file with the state department a bond issued by a surety company admitted to do business in this state in a sum to be fixed by the state department based upon the magnitude of the operations of the applicant, but which sum shall not be less than one thousand dollars ($1,000), running to the State of California and conditioned upon his or her faithful and honest handling of the money of persons within the facility. (b) The failure of any licensee under this chapter to maintain on file with the state department a bond in the amount prescribed by the director or who embezzles the trust funds of a person in the facility shall constitute cause for the revocation of the license. (c) The provisions of this section shall not apply if the licensee meets both of the following requirements: (1) The licensee operates a community care facility which is licensed to care for children including, but not limited to, a foster family home. (2) The licensee handles moneys of persons within the community care facility in amounts less than fifty dollars ($50) per person and less than five hundred dollars ($500) for all persons in any month. (Amended by Stats. 1992, Ch. 1315, Sec. 9. Effective January 1, 1993.)
1561.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 6. Other Provisions [1560 - 1565.5] ( Article 6 added by Stats. 1973, Ch. 1203. )
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The director may give a community care facility a partial or total variance from the Section 1560 bonding rules if compliance would be so burdensome that the facility would stop operating, and if the residents’ money is or will be kept in an in-state bank, trust company, or savings and loan association.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 6. Other Provisions [1560 - 1565.5] ( Article 6 added by Stats. 1973, Ch. 1203. ) ## 1561. The director may grant a partial or total variance from the bonding requirements of Section 1560 for any community care facility if he finds that compliance with them is so onerous that a community care facility will cease to operate, and if he also finds that money of the persons received or cared for in the community care facility has been, or will be, deposited in a bank in this state, in a trust company authorized to transact a trust business in this state, or in a savings and loan association in this state, upon condition that such money may not be withdrawn except on authorization of the guardian or conservator of such person. (Added by Stats. 1973, Ch. 1203.)
1562.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 6. Other Provisions [1560 - 1565.5] ( Article 6 added by Stats. 1973, Ch. 1203. )
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The department must ensure community care facility operators and staff are appropriately trained, and certain group home or short-term residential therapeutic program staff who provide direct care must be at least 21 years old, subject to stated exceptions.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 6. Other Provisions [1560 - 1565.5] ( Article 6 added by Stats. 1973, Ch. 1203. ) ## 1562. (a) The department shall ensure that operators and staff of community care facilities have appropriate training to provide the care and services for which a license or certificate is issued. The section shall not apply to a facility licensed as an Adult Residential Facility for Persons with Special Health Care Needs pursuant to Article 9 (commencing with Section 1567.50). (b) It is the intent of the Legislature that children in foster care reside in the least restrictive, family-based settings that can meet their needs, and that group homes and short-term residential therapeutic programs will be used only for short-term, specialized, and intensive treatment purposes that are consistent with a case plan that is determined by a child’s best interests. Accordingly, the Legislature encourages the department to adopt policies, practices, and guidance that ensure that the education, qualification, and training requirements for childcare staff in group homes and short-term residential therapeutic programs are consistent with the intended role of group homes and short-term residential therapeutic programs to provide short-term, specialized, and intensive treatment, with a particular focus on crisis intervention, behavioral stabilization, and other treatment-related goals, as well as the connections between those efforts and work toward permanency for children. (c) (1) Each person employed as a facility manager or staff member of a group home or short-term residential therapeutic program, as defined in paragraphs (13) and (18) of subdivision (a) of Section 1502, who provides direct care and supervision to children and youth residing in the group home or short-term residential therapeutic program shall be at least 21 years of age. (2) Paragraph (1) shall not apply to a facility manager or staff member employed at the group home before October 1, 2014. (3) For purposes of this subdivision, “group home” does not include a youth homelessness prevention center. (Amended by Stats. 2019, Ch. 341, Sec. 11. (AB 1235) Effective January 1, 2020.)
1562.01.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 6. Other Provisions [1560 - 1565.5] ( Article 6 added by Stats. 1973, Ch. 1203. )
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This section requires short-term residential therapeutic programs to be licensed and to meet accreditation, approval, staffing, nursing, and reporting requirements.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 6. Other Provisions [1560 - 1565.5] ( Article 6 added by Stats. 1973, Ch. 1203. ) ## 1562.01. (a) The department shall license short-term residential therapeutic programs, as defined in paragraph (18) of subdivision (a) of Section 1502, pursuant to this chapter. A short-term residential therapeutic program shall comply with all requirements of this chapter that are applicable to group homes and to the requirements of this section. (b) (1) A short-term residential therapeutic program shall have national accreditation from an entity identified by the department pursuant to the process described in paragraph (6) of subdivision (b) of Section 11462 of the Welfare and Institutions Code. (2) A short-term residential therapeutic program applicant shall submit documentation of accreditation or application for accreditation with its application for licensure. (3) A short-term residential therapeutic program shall have up to 24 months from the date of licensure to obtain accreditation. (4) A short-term residential therapeutic program shall provide documentation to the department reporting its accreditation status at 12 months and at 18 months after the date of licensure. (5) This subdivision does not preclude the department from requesting additional information from the short-term residential therapeutic program regarding its accreditation status. (6) The department may revoke a short-term residential therapeutic program’s license pursuant to Article 5 (commencing with Section 1550) for failure to obtain accreditation within the timeframes specified in this subdivision. (c) (1) A short-term residential therapeutic program shall have up to 12 months from the date of licensure to obtain in good standing a mental health program approval and Medi-Cal mental health certification, as set forth in Sections 4096.5 and 11462.01 of the Welfare and Institutions Code. (2) A short-term residential therapeutic program shall maintain the program approval described in paragraph (1) in good standing during its licensure. (3) The department shall track the number of licensed short-term residential therapeutic programs that were unable to obtain a mental health program approval and provide that information to the Legislature annually as part of the state budget process. (d) (1) A short-term residential therapeutic program shall prepare and maintain a current, written plan of operation as required by the department. (2) The plan of operation shall include, but not be limited to, all of the following: (A) A statement of purposes and goals. (B) A plan for the supervision, evaluation, and training of staff, designed to ensure the provision of trauma-informed services. The plan shall be appropriate to meet the needs of staff and children. (C) A program statement that includes all of the following: (i) On and after October 1, 2021, a description of how the short-term residential therapeutic program will meet standards, to be established by the department in collaboration with the State Department of Health Care Services, for both of the following: (I) A comprehensive trauma-informed treatment model designed to address the individualized needs of children. (II) A plan for how the short-term residential therapeutic program will make licensed nursing staff available, as set forth in subdivision (n). (ii) Description of the short-term residential therapeutic program’s ability to support the individual needs of children and their families with short-term, specialized, trauma-informed, and intensive treatment, including, but not limited to, treatment that implements child-specific short- and long-term needs and goals identified by the qualified individual’s assessment of the child pursuant to subdivision (g) of Section 4096 of the Welfare and Institutions Code. (iii) Description of the core services, as set forth in paragraph (1) of subdivision (b) of Section 11462 of the Welfare and Institutions Code, to be offered to children and their families, as appropriate or necessary. (iv) Procedures for the development, implementation, and periodic updating of the needs and services plan for children served by the short-term residential therapeutic program and procedures for collaborating with the child and family team described in paragraph (4) of subdivision (a) of Section 16501 of the Welfare and Institutions Code, that include, but are not limited to, a description of the services to be provided or arranged to meet the short- and long-term needs and goals of the child as assessed by the qualified individual, pursuant to Sections 4096 and 11462.01 of the Welfare and Institutions Code, processes to ensure treatment is consistent with the short- and long-term needs and goals for the child, including, as specified in the child’s permanency plan, the anticipated duration of the treatment, and processes to ensure that consistent progress is made toward the timeframe and plan for transitioning the child to a less restrictive family environment. (v) A description of the population or populations to be served. (vi) A description of compliance with the requirements in subdivision (c). A short-term residential therapeutic program that has not satisfied the requirements in subdivision (c) shall demonstrate the ability to meet the mental health service needs of children. (vii) (I) A description of how the short-term residential therapeutic program, in accordance with the child’s case plan and the child and family team recommendations, will provide for, arrange for the provision of, or assist in, all of the following: (ia) Identification of home-based family care settings for a child who does not have a home-based caregiver identified for transition and pursuant to clause (viii). (ib) Development of an individualized family-based aftercare support plan that identifies necessary supports, services, and treatment to be provided for at least six months postdischarge as a child moves from their short-term residential therapeutic program placement to home-based family care setting or to a permanent living situation through reunification, adoption, or guardianship, or to a transitional housing program. This plan shall be developed, pursuant to Section 4096.6 of the Welfare and Institutions Code, in collaboration with the county placing agency, the child and family team, and other necessary agencies or individuals for at least six months postdischarge. Federal financial participation under the Medi-Cal program shall only be available if all state and federal requirements are met and the treatment is medically necessary, regardless of the six months postdischarge requirement. (ic) Documentation of the process by which the short- and long-term, child-specific mental health goals identified by a qualified individual, as defined in Section 16501 of the Welfare and Institutions Code, pursuant to subdivision (g) of Section 4096 of the Welfare and institutions Code, will be implemented by the short-term residential therapeutic program. (II) This clause shall not be interpreted to supersede the placement and care responsibility vested in the county child welfare agency or probation department. (viii) (I) On and after October 1, 2021, a description of how the short-term residential therapeutic program will, to the extent clinically appropriate, consistent with any applicable court orders, and in accordance with the child’s best interest, do all of the following: (ia) Facilitate participation of family members in the child’s treatment program. (ib) Facilitate outreach to the family members of the child, including siblings, document how the outreach is made, including contact information, and maintain contact information for any known biological family and nonrelative extended family members of the child. (ic) Document how family members will be integrated into the treatment process for the child, including postdischarge, and how sibling connections are maintained. (II) This clause shall not be interpreted to supersede the placement and care responsibility vested in the county child welfare agency or probation department. (ix) Any other information that may be prescribed by the department for the proper administration of this section. (e) In addition to the rules and regulations adopted pursuant to this chapter, a county licensed to operate a short-term residential therapeutic program shall describe, in the plan of operation, its conflict of interest mitigation plan, as set forth in subdivision (g) of Section 11462.02 of the Welfare and Institutions Code. (f) (1) (A) (i) A short-term residential therapeutic program applicant shall submit an application to the department that includes a letter of recommendation in support of its program from a county placing agency. (ii) The letter of recommendation shall include a statement that the county placing agency reviewed a copy of the applicant’s program statement. (iii) If the letter of recommendation is not from the county in which the facility is located, the short-term residential therapeutic program applicant shall include, with its application, a statement that it provided the county in which the facility is located an opportunity for that county to review the program statement and notified that county that the facility has received a letter of recommendation from another county. (B) If the application does not contain a letter of recommendation as described in subparagraph (A), then the department shall cease review of the application. Nothing in this paragraph shall constitute a denial of the application for purposes of Section 1526 or any other law. (C) A new letter of recommendation is not required when a short-term residential therapeutic program moves locations. (2) A short-term residential therapeutic program shall submit a copy of its program statement to all county placing agencies from which the short-term residential therapeutic program accepts placements, including the county in which the facility is located, for optional review when the short-term residential therapeutic program updates its program statement. (g) (1) The department shall adopt regulations to establish requirements for the education, qualification, and training of facility managers and staff who provide care and supervision to children or who have regular, direct contact with children in the course of their responsibilities in short-term residential therapeutic programs consistent with the intended role of these facilities to provide short-term, specialized, and intensive treatment. (2) Requirements shall include, but not be limited to, all of the following: (A) Staff classifications. (B) Specification of the date by which employees shall be required to meet the education and qualification requirements. (C) Any other requirements that may be prescribed by the department for the proper administration of this section. (h) The department shall adopt regulations to specify training requirements for staff who provide care and supervision to children or who have regular, direct contact with children in the course of their responsibilities. These requirements shall include both of the following: (1) Timeframes for completion of training, including the following: (A) Training that shall be completed prior to unsupervised care of children. (B) Training to be completed within the first 180 days of employment. (C) Training to be completed annually. (2) Topics to be covered in the training shall include, but are not limited to, the following: (A) Child and adolescent development, including sexual orientation, gender identity, and gender expression. (B) The effects of trauma, including grief and loss, and child abuse and neglect on child development and behavior and methods to behaviorally support children impacted by that trauma or child abuse and neglect. (C) The rights of a child in foster care, including the right to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status. (D) Positive discipline and the importance of self-esteem. (E) Core practice model. (F) An overview of the child welfare and probation systems. (G) Reasonable and prudent parent standard. (H) Instruction on cultural competency and sensitivity and related best practices for providing adequate care for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender. (I) Awareness and identification of commercial sexual exploitation and best practices for providing care and supervision to commercially sexually exploited children. (J) The federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children, including the role of the caregiver in supporting culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions. (K) Permanence, well-being, and educational needs of children. (L) Basic instruction on existing laws and procedures regarding the safety of foster youth at school; and ensuring a harassment and violence free school environment. (M) Best practices for providing care and supervision to nonminor dependents. (N) Health issues in foster care. (O) Physical and psychosocial needs of children, including behavior management, de-escalation techniques, and trauma-informed crisis management planning. (i) (1) Each person employed as a facility manager or staff member of a short-term residential therapeutic program, who provides direct care and supervision to children and youth residing in the short-term residential therapeutic program shall be at least 21 years of age. (2) This subdivision shall not apply to a facility manager or staff member employed, before October 1, 2014, at a short-term residential therapeutic program that was operating under a group home license prior to January 1, 2017. (j) Notwithstanding any other section of this chapter, the department may establish requirements for licensed group homes that are transitioning to short-term residential therapeutic programs, which may include, but not be limited to, requirements related to application and plan of operation. (k) A short-term residential therapeutic program shall have a qualified and certified administrator, as set forth in Section 1522.41. (l) A short-term residential therapeutic program shall provide trauma-informed support and transition services to foster youth as part of a planned or unplanned discharge. This shall include participation in any county-level or state-level meetings pursuant to Section 16521.6 of the Welfare and Institutions Code with the goal of placement preservation whenever possible or, if necessary, identifying and working with alternative short-term residential therapeutic programs or other providers to directly transition the youth. (m) The department shall have the authority to inspect a short-term residential therapeutic program pursuant to the system of governmental monitoring and oversight developed by the department pursuant to subdivision (c) of Section 11462 of the Welfare and Institutions Code. (n) (1) On and after October 1, 2021, a short-term residential therapeutic program shall ensure the availability of licensed nursing staff, which may include the nursing resources established pursuant to Section 4096.55 of the Welfare and Institutions Code. (2) Nursing staff shall be onsite according to the treatment model of the short-term residential therapeutic program and as otherwise required by the needs of any child residing in the facility. (3) Nursing staff shall be available 24 hours a day, 7 days a week, and shall provide care within the scope of their practice. (4) If a child who is placed in a short-term residential therapeutic program by a county placing agency requires regular onsite nursing care and does not require inpatient care in a licensed health facility, the short-term residential therapeutic program shall provide the nursing care consistent with their treatment model, or shall partner with the county placing agency to arrange for the nursing care to be provided. (5) The department, in consultation with the State Department of Health Care Services, county agencies, providers, and other stakeholders, shall develop guidance to implement this subdivision. (o) The short-term residential therapeutic program shall maintain the interagency placement committee’s written determination and the qualified individual’s assessment of the child, required to be completed and provided to the short-term residential therapeutic program pursuant to subdivisions (f) and (g) of Section 4096 of the Welfare and Institutions Code, in the child’s record. (p) The short-term residential therapeutic program shall engage with the county placing agency in placement preservation strategies pursuant to Section 16010.7 of the Welfare and Institutions Code, as applicable. Nothing in this subdivision shall be interpreted to supersede the placement and care responsibility vested in the county placing agency or their responsibilities under Section 16010.7 of the Welfare and Institution Code. (q) (1) The department shall adopt regulations to implement this section, collaborating with the State Department of Health Care Services, as necessary, to ensure alignment with mental health program approval requirements, as described in Section 4096.5 of the Welfare and Institutions Code. (2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of interim licensing standards until regulations are adopted. These interim licensing standards shall have the same force and effect as regulations until the adoption of regulations. (Amended by Stats. 2025, Ch. 241, Sec. 19. (SB 857) Effective January 1, 2026.)
1562.02.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 6. Other Provisions [1560 - 1565.5] ( Article 6 added by Stats. 1973, Ch. 1203. )
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The department may license short-term residential therapeutic programs, but programs serving children in crisis must meet specified approval, separation, and licensing-standard requirements.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 6. Other Provisions [1560 - 1565.5] ( Article 6 added by Stats. 1973, Ch. 1203. ) ## 1562.02. (a) The department may license a short-term residential therapeutic program operating as a children’s crisis residential program pursuant to this chapter. A children’s crisis residential program shall meet all of the following requirements: (1) If the program serves both children who are not experiencing mental health crises and children who are experiencing mental health crises, the program shall have an identifiable and physically separate unit for those children who are experiencing mental health crises. The separate unit shall be indicated on the short-term residential therapeutic program’s license. (2) If the short-term residential therapeutic program operates on a single site both a program that serves children who are not experiencing mental health crises and a separate program that only serves children experiencing mental health crises, the short-term residential therapeutic program shall obtain, and have in good standing, a mental health program approval, as described in Section 11462.01 of the Welfare and Institutions Code, and a children’s crisis residential mental health program approval, as described in Section 11462.011 of the Welfare and Institutions Code, both of which are issued by the State Department of Health Care Services, or by a county mental health plan to which the department has delegated approval authority. The short-term residential therapeutic program shall obtain a mental health program approval before operating as a children’s crisis residential program. The department may revoke a program’s license pursuant to Section 1550 for a program’s failure to maintain the mental health program approval. (3) If the short-term residential therapeutic program serves only children experiencing a mental health crisis, the short-term residential therapeutic program shall obtain, and have in good standing, a children’s crisis residential mental health program approval, as described in Section 11462.011 of the Welfare and Institutions Code, which is issued by the State Department of Health Care Services or by a county mental health plan to which the department has delegated approval authority. The short-term residential therapeutic program shall obtain a mental health program approval before operating as a children’s crisis residential program. The department may revoke a program’s license pursuant to Section 1550 for a program’s failure to maintain the mental health program approval. (4) Comply with all applicable licensing standards for a short-term residential therapeutic program, unless the department specifies otherwise in regulations that comply with applicable statutory requirements related to licensure. (b) Contingent upon an appropriation in the annual Budget Act for these purposes, the department shall begin implementation of this section no later than July 1, 2018, and shall commence the licensing process for children’s crisis residential programs no later than January 1, 2019. (Amended by Stats. 2019, Ch. 777, Sec. 13. (AB 819) Effective January 1, 2020.)
1562.03.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 6. Other Provisions [1560 - 1565.5] ( Article 6 added by Stats. 1973, Ch. 1203. )
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The department must set regulations for certain short-term residential therapeutic programs, and those programs must meet staffing, capacity, collaboration, transition-planning, and annual data-reporting requirements.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 6. Other Provisions [1560 - 1565.5] ( Article 6 added by Stats. 1973, Ch. 1203. ) ## 1562.03. (a) The department shall establish regulations for short-term residential therapeutic programs that are operated as children’s crisis residential programs. At a minimum, the regulations shall include all of the following: (1) Therapeutic programming shall be provided seven days a week, including weekends and holidays, with sufficient mental health professional and paraprofessional staff, as required by the facility’s children’s crisis residential mental health program approval in accordance with the standards and procedures established pursuant to Section 11462.011 of the Welfare and Institutions Code, to maintain an appropriate treatment setting and services, based on individual children’s needs. (2) The program shall be staffed with sufficient personnel to accept children 24 hours per day, seven days a week and to admit children, at a minimum, from 7 a.m. to 11 p.m., seven days a week, 365 days per year. The program shall be sufficiently staffed to discharge children, as appropriate, seven days a week, 365 days per year. (3) Facilities shall be limited to fewer than 16 beds, with at least 50 percent of those beds in single-occupancy rooms. (4) Facilities shall include ample physical space for accommodating individuals who provide daily emotional and physical supports to each child and for integrating family members into the day-to-day care of the youth. (5) The program shall collaborate with each child’s existing mental health team, if applicable, child and family team, if applicable, and other formal and natural supports within 24 hours of intake and throughout the course of care and treatment as appropriate. (6) The program shall create and assist with the implementation of a plan for transitioning each admitted child from the program to his or her home and community, including the establishment of a mental health or child and family team if there is not one already. (b) The program shall annually provide the department with all of the following data as it pertains to children in foster care and children not in foster care in conjunction with its application for licensure renewal: (1) Age and gender of clients served. (2) Duration of stay. (3) Professional classification of staff and contracted staff. (4) Type of placement the client was discharged to. (Added by Stats. 2017, Ch. 704, Sec. 4. (AB 501) Effective January 1, 2018.)
1562.1.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 6. Other Provisions [1560 - 1565.5] ( Article 6 added by Stats. 1973, Ch. 1203. )
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A licensee of an adult residential facility must give residents notice before closure or eviction, prepare relocation materials, follow refund rules, and stop taking new residents in certain closure situations.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 6. Other Provisions [1560 - 1565.5] ( Article 6 added by Stats. 1973, Ch. 1203. ) ## 1562.1. (a) For purposes of this section “adult residential facility” means a facility licensed as an adult residential facility pursuant to this chapter. (b) (1) In addition to the notification requirements provided for in Section 1562.2, a licensee of an adult residential facility shall inform a resident and the resident’s representative, if any, of a proposed closure, including whether the licensee intends to sell the property or business, no later than 180 days before its proposed closure, or as soon as practicably possible. (2) The licensee shall specify in the notification required by paragraph (1) that it is not, and shall not be construed as, an eviction notice. (c) A licensee of an adult residential facility shall, prior to transferring a resident of the facility to another facility or to an independent living arrangement as a result of the forfeiture of a license, as described in subdivision (a), (b), or (f) of Section 1520, or a closure of the facility for another reason, take all reasonable steps to transfer affected residents safely and to minimize possible transfer trauma, and shall, at a minimum, do all of the following: (1) Prepare, for each resident, a relocation evaluation of the needs of that resident, which shall include all of the following: (A) Recommendations on the type of facility that would meet the needs of the resident based on the current service plan. (B) A list of facilities, within a 60-mile radius of the resident’s current facility, that meet the resident’s present needs. (C) If applicable, the possibility for the resident to remain in the facility under certain circumstances, including the sale or transfer of the facility to a city or county. (2) Provide each resident or the resident’s responsible person with a written notice no later than 60 days before the intended eviction. The notice shall include all of the following: (A) The reason for the eviction, with specific facts to permit a determination of the date, place, witnesses, and circumstances concerning the reasons. (B) A copy of the resident’s current service plan. (C) The relocation evaluation. (D) A list of referral agencies. (3) Discuss the relocation evaluation with the resident and their legal representative within 30 days of issuing the notice of eviction. (4) Submit a written report of any eviction to the licensing agency within five days. (5) Upon issuing the written notice of eviction, a licensee shall not accept new residents or enter into new admission agreements. (6) (A) For paid preadmission fees in excess of five hundred dollars ($500), the resident is entitled to a refund in accordance with all of the following: (i) A 100-percent refund if preadmission fees were paid within six months of notice of eviction. (ii) A 75-percent refund if preadmission fees were paid more than six months but not more than 12 months before notice of eviction. (iii) A 50-percent refund if preadmission fees were paid more than 12 months but not more than 18 months before notice of eviction. (iv) A 25-percent refund if preadmission fees were paid more than 18 months but less than 25 months before notice of eviction. (B) No preadmission refund is required if preadmission fees were paid 25 months or more before the notice of eviction. (C) The preadmission refund required by this paragraph shall be paid within 15 days of issuing the eviction notice. In lieu of the refund, the resident may request that the licensee provide a credit toward the resident’s monthly fee obligation in an amount equal to the preadmission fee refund due. (7) If the resident gives notice five days before leaving the facility, the licensee shall refund to the resident or their legal representative a proportional per diem amount of any prepaid monthly fees at the time the resident leaves the facility and the unit is vacated. Otherwise the licensee shall pay the refund within seven days from the date that the resident leaves the facility and the unit is vacated. (8) Within 10 days of all residents having left the facility, the licensee, based on information provided by the resident or the resident’s legal representative, shall submit a final list of names and new locations of all residents to the department. (d) If seven or more residents of an adult residential facility will be transferred as a result of the forfeiture of a license or change in the use of the facility pursuant to subdivision (a), the licensee shall submit a proposed closure plan to the department for approval. The department shall approve or disapprove the closure plan, and monitor its implementation, in accordance with the following requirements: (1) Upon submission of the closure plan, the licensee shall be prohibited from accepting new residents and entering into new admission agreements for new residents. (2) The closure plan shall meet the requirements described in subdivision (a), and describe the staff available to assist in the transfers. The department’s review shall include a determination as to whether the licensee’s closure plan contains a relocation evaluation for each resident. (3) Within 15 working days of receipt, the department shall approve or disapprove the closure plan prepared pursuant to this subdivision, and, if the department approves the plan, it shall become effective upon the date the department grants its written approval of the plan. (4) If the department disapproves a closure plan, the licensee may resubmit an amended plan, which the department shall promptly either approve or disapprove, within 10 working days of receipt by the department of the amended plan. If the department fails to approve a closure plan, it shall inform the licensee, in writing, of the reasons for the disapproval of the plan. (5) If the department fails to take action within 20 working days of receipt of either the original or the amended closure plan, the plan, or amended plan, as the case may be, shall be deemed approved. (6) Until the department has approved a licensee’s closure plan, the facility shall not issue a notice of transfer or require any resident to transfer. (e) (1) If a licensee fails to comply with the requirements of this section, or if the director determines that it is necessary to protect the residents of a facility from physical or mental abuse, abandonment, or any other substantial threat to health or safety, the department shall take any necessary action to minimize trauma for the residents, including caring for the residents through the use of a temporary manager or receiver as provided for in Sections 1546.1 and 1546.2 when the director determines the immediate relocation of the residents is not feasible based on transfer trauma or other considerations such as the unavailability of alternative placements. The department shall contact any local agency that may have assessment, placement, protective, or advocacy responsibility for the residents, and shall work together with those agencies to locate alternative placement sites, contact relatives or other persons responsible for the care of these residents, provide onsite evaluation of the residents, and assist in the transfer of the residents. (2) The participation of the department and local agencies in the relocation of residents from an adult residential facility does not relieve the licensee of any responsibility under this section. A licensee that fails to comply with the requirements of this section shall be required to reimburse the department and local agencies for the cost of providing the relocation services or the costs incurred in caring for the residents through the use of a temporary manager or receiver as provided for in Sections 1546.1 and 1546.2. If the licensee fails to provide the relocation services required in this section, then the department may request that the Attorney General’s office, the city attorney’s office, or the local district attorney’s office seek injunctive relief and damages in the same manner as provided for in Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code, including restitution to the department of any costs incurred in caring for the residents through the use of a temporary manager or receiver as provided for in Sections 1546.1 and 1546.2. (f) A licensee who fails to comply with the requirements of this section shall be liable for the imposition of civil penalties in the amount of one hundred dollars ($100) per violation per day for each day that the licensee is in violation of this section, until the violation has been corrected. The civil penalties shall be issued immediately following the written notice of violation. However, if the violation does not present an immediate or substantial threat to the health or safety of residents and the licensee corrects the violation within three days after receiving the notice of violation, the licensee shall not be liable for payment of any civil penalties pursuant to this subdivision related to the corrected violation. (g) On and after January 1, 2021, a licensee who fails to comply with this section and abandons the facility and the residents in care resulting in an immediate and substantial threat to the health and safety of the abandoned residents, in addition to forfeiture of the license pursuant to Section 1524, shall be excluded from licensure in facilities licensed by the department without the right to petition for reinstatement. (h) A resident of an adult residential facility covered under this section may bring a civil action against any person, firm, partnership, or corporation who owns, operates, establishes, manages, conducts, or maintains an adult residential facility who violates the rights of a resident, as set forth in this section. Any person, firm, partnership, or corporation who owns, operates, establishes, manages, conducts, or maintains an adult residential facility who violates this section shall be responsible for the acts of the facility’s employees and shall be liable for costs and attorney’s fees. The adult residential facility may also be enjoined from permitting the violation to continue. The remedies specified in this section are in addition to any other remedy provided by law. (Added by Stats. 2020, Ch. 146, Sec. 2. (AB 2377) Effective January 1, 2021.)
1562.15.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 6. Other Provisions [1560 - 1565.5] ( Article 6 added by Stats. 1973, Ch. 1203. )
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If an owner-licensee of an adult residential facility decides to sell, the city or county gets the first chance to buy at fair market value, and the city or county must say whether it wants to buy within 60 days. If the city or county buys, it may run the facility itself or lease it, and any lease must require the lessee to keep the facility licensed.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 6. Other Provisions [1560 - 1565.5] ( Article 6 added by Stats. 1973, Ch. 1203. ) ## 1562.15. (a) (1) If a licensee who is also the owner of an adult residential facility notifies the city and county of an intent to sell the property, as required by Section 1562.2, the licensee shall give the city or county the first opportunity to make an offer to purchase the property, at a price that reflects its fair market value, and continue the operation of the adult residential facility. The city or county shall notify the licensee of its intent to purchase the property within 60 days after the notice required by Section 1562.2. (2) (A) After the city or county has made an offer pursuant to paragraph (1), the licensee may accept that offer or any other offer received by the licensee. (B) Notwithstanding paragraph (1), an individual or entity planning to continue operating the licensed adult residential facility may make an offer to purchase the facility, and the licensee may accept the offer at any time. The individual or entity that makes an offer to purchase a facility pursuant to this subparagraph shall provide a written statement to the licensee and the department that the individual or entity agrees to continue the operation of the adult residential facility and apply for licensure as an adult residential facility upon completion of the sale of the existing facility. (3) A city or county shall have maximum flexibility in seeking and securing available funding sources to purchase a residential care facility under this section, including any federal, state, local, and private funds. Funding from multiple sources may be combined for purposes of this paragraph. The purchase of property under this section is subject to all existing requirements otherwise applicable by law to the purchasing city or county. (b) (1) A city or county that purchases an adult residential facility pursuant to this section may either take over operation of the facility, or, if possible, enter into a long-term lease for its operation with a nonprofit or for-profit entity. A nonprofit or for-profit entity selected by the city or county shall have a demonstrated history of providing adult residential facility services to individuals in need of those services, including, but not limited to, Medi-Cal and Supplemental Security Income (SSI) recipients. (2) A lease entered into pursuant to paragraph (1) shall include a requirement that the lessee maintain licensure of the property as an adult residential facility. (Added by Stats. 2020, Ch. 146, Sec. 3. (AB 2377) Effective January 1, 2021.)
1562.2.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 6. Other Provisions [1560 - 1565.5] ( Article 6 added by Stats. 1973, Ch. 1203. )
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A licensee of an adult residential facility must give notice before closing the facility and must notify local officials, residents, and applicants about specified events affecting the property or operations.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 6. Other Provisions [1560 - 1565.5] ( Article 6 added by Stats. 1973, Ch. 1203. ) ## 1562.2. (a) A licensee of an adult residential facility shall notify the city and county in which the facility is located of a proposed closure, including whether the licensee intends to sell the property or business, no later than 180 days before its proposed closure, or as soon as practicably possible. (b) A licensee of an adult residential facility shall inform the city and county in which the facility is located, the department, all residents, and, if applicable, their legal representatives, in writing, within two business days, and shall notify all applicants for potential residence, and, if applicable, their legal representatives, prior to admission, of any of the following events, or knowledge of the event: (1) A notice of default, notice of trustee’s sale, or any other indication of foreclosure is issued on the property. (2) An unlawful detainer action is initiated against the licensee. (3) The licensee files for bankruptcy. (4) The licensee receives a written notice of default of payment of rent described in Section 1161 of the Code of Civil Procedure. (5) A utility company has sent a notice of intent to terminate electricity, gas, or water service on the property within not more than 15 days of the notice. (Amended by Stats. 2020, Ch. 146, Sec. 4. (AB 2377) Effective January 1, 2021.)
1562.3.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 6. Other Provisions [1560 - 1565.5] ( Article 6 added by Stats. 1973, Ch. 1203. )
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This section requires adult residential facility administrators to complete approved training, renew certification every two years, and follow notice, exam, and continuing education rules.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 6. Other Provisions [1560 - 1565.5] ( Article 6 added by Stats. 1973, Ch. 1203. ) ## 1562.3. (a) The department, in consultation with the Director of Health Care Services and the Director of Developmental Services, shall establish a training program to ensure that licensees, operators, and staffs of adult residential facilities, as defined in paragraph (1) of subdivision (a) of Section 1502, have appropriate training to provide the care and services for which a license or certificate is issued. The training program shall be developed in consultation with provider organizations. (b) (1) An administrator of an adult residential facility, as defined in paragraph (1) of subdivision (a) of Section 1502, shall successfully complete a department-approved administrator certification training program pursuant to subdivision (c) prior to employment. (2) If the individual is both the licensee and the administrator of a licensed facility, the individual shall comply with both the licensee and administrator requirements of this section. (3) Failure to comply with this section shall constitute cause for revocation of the license of the facility. (4) The licensee shall notify the department within 30 days of any change in administrators. (c) (1) An administrator certification training program for adult residential facilities shall require a minimum of 35 hours of instruction conducive to learning, in which participants are able to simultaneously interact with each other as well as with the instructor, and that provides training on a uniform core of knowledge in each of the following areas: (A) Laws, regulations, and policies and procedural standards that impact the operations of the adult residential facility. (B) Business operations. (C) Management and supervision of staff. (D) Psychosocial needs of the facility residents. (E) Community and support services. (F) Physical needs for facility residents. (G) Use, misuse, and interaction of medication commonly used by facility residents. (H) Resident admission, retention, and assessment procedures. (I) Nonviolent crisis intervention for administrators. (J) Cultural competency and sensitivity in issues relating to the underserved aging lesbian, gay, bisexual, and transgender community. (2) The requirement for 35 hours of instruction pursuant to this subdivision shall not apply to persons who were employed as administrators prior to July 1, 1996. A person holding the position of administrator of an adult residential facility on June 30, 1996, shall file a completed application for certification with the department on or before April 1, 1998. In order to be exempt from the 35-hour training program and the test component, the application shall include documentation showing proof of continuous employment as the administrator of an adult residential facility between, at a minimum, June 30, 1994, and June 30, 1996. An administrator of an adult residential facility who became certified as a result of passing the department-administered challenge test, that was offered between October 1, 1996, and December 23, 1996, shall be deemed to have fulfilled the requirements of this paragraph. (3) Unless an extension is granted to the applicant by the department, an applicant for an administrator’s certificate shall, within 60 days of the applicant’s completion of instruction, pass the examination provided in this section. (d) The department shall not begin the process of issuing an administrator certificate until receipt of all of the following: (1) An administrator certification application. (2) A certificate of completion of the administrator certification training program required pursuant to this section. (3) The fee for processing an administrator certification application, including the issuance of the administrator certificate, as specified in subparagraph (A) of paragraph (1) of subdivision (j). (4) Documentation that the applicant has passed the examination. (5) Submission of fingerprints pursuant to Section 1522. The department and the Department of Justice shall expedite the criminal record clearance for holders of certificates of completion. The department may waive the submission for those persons who have a criminal record clearance or exemption on file. (e) It shall be unlawful for a person not certified under this section to hold themselves out as a certified administrator of an adult residential facility. A person willfully making a false representation as being a certified administrator is guilty of a misdemeanor. (f) (1) An administrator certificate issued under this section shall be renewed every two years and renewal shall be conditional upon the certificate holder submitting documentation of completion of 40 hours of continuing education related to the uniform core of knowledge specified in subdivision (c). No more than one-half of the required 40 hours of continuing education necessary to renew the certificate may be satisfied through self-paced courses. All other continuing education hours shall be completed in an instructional setting conducive to learning, in which participants are able to simultaneously interact with each other as well as with the instructor. For purposes of this section, an individual who is an adult residential facility administrator and who is required to complete the continuing education hours required by the regulations of the State Department of Developmental Services, and approved by the regional center, shall be permitted to have up to 24 of the required continuing education course hours credited toward the 40-hour continuing education requirement of this section. Community college course hours approved by the regional centers shall be accepted by the department for certification. (2) A licensee and administrator of an adult residential facility is required to complete the continuing education requirements of this subdivision. (3) An administrator certificate issued under this section shall expire every two years, on the anniversary date of the initial issuance of the certificate, except that any administrator receiving an initial certification on or after January 1, 1999, shall make an irrevocable election to have their recertification date for any subsequent recertification either on the date two years from the date of issuance of the certificate or on the individual’s birthday during the second calendar year following certification. The department shall send a renewal notice to the certificate holder 90 days prior to the expiration date of the certificate. If the certificate is not renewed prior to its expiration date, reinstatement shall only be permitted after the certificate holder has paid a delinquency fee, as specified in subparagraph (C) of paragraph (1) of subdivision (j), has submitted to the department an administrator certification renewal application, and has provided evidence of completion of the continuing education required. (4) To renew an administrator certificate, the certificate holder shall, on or before the certificate expiration date, submit to the department an administrator certification renewal application and documentation of completion of the required continuing education courses, and pay the renewal fee specified in subparagraph (A) of paragraph (1) of subdivision (j), irrespective of receipt of the department’s notification of the renewal. A renewal request postmarked on or before the expiration of the certificate is proof of compliance with this paragraph. (5) A suspended or revoked administrator certificate is subject to expiration as provided for in this section. If reinstatement of the certificate is approved by the department, the certificate holder, as a condition precedent to reinstatement, shall submit proof of compliance with paragraphs (1) and (2) and shall pay a fee in an amount equal to the renewal fee, plus the delinquency fee, if any, as specified in subparagraphs (A) and (C) of paragraph (1) of subdivision (j), accrued at the time of its revocation or suspension. Delinquency fees, if any, accrued subsequent to the time of its revocation or suspension and prior to an order for reinstatement, shall be waived for one year to allow the individual sufficient time to complete the required continuing education units and to submit the required documentation. Individuals whose certificates will expire within 90 days after the order for reinstatement may be granted a three-month extension to renew their certificates during which time the delinquency fees shall not accrue. (6) An administrator certificate that is not renewed within four years after its expiration shall not be renewed, restored, reissued, or reinstated except upon completion of an administrator certification training program, passing any test that may be required of an applicant for a new certificate at that time, and paying the fee specified in subparagraph (A) of paragraph (1) of subdivision (j). (7) The department shall charge a fee for the reissuance of a lost administrator certificate, as specified in subparagraph (B) of paragraph (1) of subdivision (j). (8) A certificate holder shall inform the department of their employment status within 30 days of any change. (g) Unless otherwise ordered by the department, an administrator certificate shall be considered forfeited under either of the following conditions: (1) The administrator has had a license revoked, suspended, or denied as authorized under Section 1550. (2) The administrator has been denied employment, residence, or presence in a facility based on action resulting from an administrative hearing pursuant to Section 1522 or 1558. (h) (1) The department, in consultation with the State Department of Health Care Services and the State Department of Developmental Services, shall establish, by regulation, the program content, the testing instrument, the process for approving administrator certification training programs, and criteria to be used in authorizing individuals, organizations, or educational institutions as vendors to conduct administrator certification training programs and continuing education courses. These regulations shall be developed in consultation with provider organizations, and shall be made available at least six months prior to the deadline required for administrator certification. The department may deny vendor approval to any agency or person in any of the following circumstances: (A) The applicant has not provided the department with evidence satisfactory to the department of the ability of the applicant to satisfy the requirements of vendorization set out in the regulations adopted by the department. (B) The applicant person or agency has a conflict of interest in that the person or agency places its clients in adult residential facilities. (C) The applicant public or private agency has a conflict of interest in that the agency is mandated to place clients in adult residential facilities and to pay directly for the services. The department may deny vendorization to this type of agency only as long as there are other vendor programs available to conduct the administrator certification training programs and continuing education courses. (2) The department may authorize vendors to conduct administrator certification training programs and continuing education courses pursuant to this section. The department shall conduct the examination pursuant to regulations adopted by the department. (3) The department shall prepare and maintain an updated list of approved training vendors. (4) The department may inspect administrator certification training programs and continuing education courses, including online courses, at no charge to the department, to determine if content and teaching methods comply with this section and applicable regulations. If the department determines that any vendor is not complying with the requirements of this section, the department shall take appropriate action to bring the program into compliance, which may include removing the vendor from the approved training vendors list. (5) The department shall establish reasonable procedures and timeframes not to exceed 30 days for the approval of vendor training programs. (6) The department shall charge a fee for an administrator certification training program vendor application or renewal, as specified in subparagraph (A) of paragraph (3) of subdivision (j). (7) (A) A vendor of a self-paced online course shall ensure that each course contains all of the following: (i) An interactive portion in which the participant receives feedback, through online communication, based on input from the participant. (ii) Required use of a personal identification number or personal identification information to confirm the identity of the participant. (iii) A final screen displaying a printable statement, to be signed by the participant, certifying that the identified participant completed the course. The vendor shall obtain a copy of the final screen statement with the original signature of the participant prior to the issuance of a certificate of completion. The signed statement of completion shall be maintained by the vendor for a period of three years and be available to the department upon demand. A person who certifies as true any material matter pursuant to this clause that the person knows to be false is guilty of a misdemeanor. (B) This subdivision shall not prohibit the department from approving online programs that do not meet the requirements of subparagraph (A) if the vendor demonstrates to the department’s satisfaction that, through advanced technology, the course and the course delivery meet the requirements of this section. (8) The department shall charge a fee for processing a continuing education training program vendor application or renewal, as specified in subparagraph (B) of paragraph (3) of subdivision (j). (9) The department shall charge a fee for processing a continuing education course, as specified in paragraph (4) of subdivision (j). (i) The department shall establish a registry for certificate holders that shall include, at a minimum, information on employment status and criminal record clearance. (j) The department shall charge nonrefundable fees, as follows: (1) Commencing July 1, 2021, the fee amount in subparagraph (A) shall be incrementally increased by 10 percent each year, not to exceed 40 percent, over a four-year period. The current fee specified in subparagraph (A) shall be the base for the yearly increase and shall be effective July 1 of each year. (A) The fee for processing an administrator certification application or renewal, including the issuance of the administrator certificate, is one hundred dollars ($100). (B) The fee for the reissuance of a lost administrator certificate is twenty-five dollars ($25). (C) The delinquency fee for processing a late administrator certification renewal application is three hundred dollars ($300), which shall be charged in addition to the fee specified in subparagraph (A). (2) Commencing July 1, 2021, a fee for the administrator certification examination is one hundred dollars ($100), for up to three attempts. (3) Commencing July 1, 2021, fee amounts in subparagraphs (A) and (B) shall be incrementally increased by 10 percent each year, not to exceed 40 percent, over a four-year period. The current fee specified in subparagraphs (A) and (B) will be the base for the increase each year and is effective July 1 of each year. (A) The fee for processing an administrator certification training program vendor application or renewal is one hundred fifty dollars ($150) for each licensed facility type. (B) The fee for processing a continuing education training program vendor application or renewal is one hundred dollars ($100) for each licensed facility type. (4) Commencing July 1, 2021, the fee for processing a continuing education course is ten dollars ($10) per continuing education unit for each licensed facility type. (5) Notwithstanding paragraphs (1) to (4), inclusive, a fee charged pursuant to this subdivision shall not exceed the reasonable costs to the department of conducting the certification training program. (k) Notwithstanding any law to the contrary, a vendor approved by the department who exclusively provides either an administrator certification training program or continuing education course for administrators of an adult residential facility, as defined in paragraph (1) of subdivision (a) of Section 1502, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors. (Amended by Stats. 2023, Ch. 43, Sec. 21. (AB 120) Effective July 10, 2023.)
1562.35.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 6. Other Provisions [1560 - 1565.5] ( Article 6 added by Stats. 1973, Ch. 1203. )
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Approved vendors that exclusively provide specified administrator education courses are regulated only by the department.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 6. Other Provisions [1560 - 1565.5] ( Article 6 added by Stats. 1973, Ch. 1203. ) ## 1562.35. Notwithstanding any law to the contrary, including, but not limited to Section 1562.3, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of an adult residential facility as defined by the department, a group home facility as defined by the department, a short-term residential therapeutic program as defined by the department, or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors. (Amended by Stats. 2016, Ch. 612, Sec. 53. (AB 1997) Effective January 1, 2017.)
1562.4.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 6. Other Provisions [1560 - 1565.5] ( Article 6 added by Stats. 1973, Ch. 1203. )
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A new adult residential facility administrator must meet minimum qualification requirements.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 6. Other Provisions [1560 - 1565.5] ( Article 6 added by Stats. 1973, Ch. 1203. ) ## 1562.4. Any person who becomes an administrator of an adult residential facility, as defined in paragraph (1) of subdivision (a) of Section 1502, on or after July 1, 1996, shall, at a minimum, fulfill all of the following requirements: (a) Be at least 21 years of age. (b) Provide documentation of having successfully completed a certification program approved by the department and successfully passing the state examination. (c) Have a high school diploma or pass a general educational development test as described in Article 3 (commencing with Section 51420) of Chapter 3 of Part 28 of the Education Code. (d) Obtain a criminal record clearance as provided for in Sections 1522 and 1522.03. (Amended by Stats. 2005, Ch. 558, Sec. 6. Effective January 1, 2006.)
1562.5.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 6. Other Provisions [1560 - 1565.5] ( Article 6 added by Stats. 1973, Ch. 1203. )
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The section requires specified facility administrators and program directors to complete HIV and tuberculosis training, with refresher training every two years, and gives the department/director compliance and correction responsibilities.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 6. Other Provisions [1560 - 1565.5] ( Article 6 added by Stats. 1973, Ch. 1203. ) ## 1562.5. (a) The director shall ensure that, within six months after obtaining licensure, an administrator of an adult residential facility and a program director of a social rehabilitation facility shall receive four hours of training on the needs of residents who may be infected with the human immunodeficiency virus (HIV), and on basic information about tuberculosis. Administrators and program directors shall attend update training sessions every two years after satisfactorily completing the initial training to ensure that information received on HIV and tuberculosis remains current. The training shall consist of three hours on HIV and one hour on tuberculosis. (b) The training shall consist of all of the following: (1) Universal blood and body fluid precautions. (2) Basic AIDS and HIV information, including modes of transmission. (3) Legal protections for persons with HIV or AIDS. (4) Referral information to local government, community-based, and other organizations that provide social, support, or health services and social services to people with HIV or AIDS. (5) Information about the residential care needs of people living with HIV or AIDS, including nutritional needs. (6) Recognition of the signs and symptoms of tuberculosis. (7) Tuberculosis testing requirements for staff, volunteers, and residents. (8) Tuberculosis prevention. (9) Tuberculosis treatment. (c) The department shall ensure compliance with this section. In the event of noncompliance, the director shall develop and implement a plan of correction requiring that the training take place within six months of the violation. (d) All administrators of adult residential and program directors of social rehabilitation facilities licensed on or before January 1, 1994, shall complete the training by December 31, 1994, and every two years thereafter. Newly employed administrators and program directors shall complete training within six months after commencing employment. (e) Eligible providers of training and study courses shall be limited to any of the following: (1) County and city health departments. (2) American Lung Association affiliates. (3) Any agency with a contract to provide HIV, AIDS, or tuberculosis education with either the State Department of Health Services, or the federal Centers for Disease Control. (4) The California Association of AIDS Agencies. (5) Any providers approved by the State Department of Social Services for training of personnel employed in residential care facilities for the elderly, adult residential facilities, or residential care facilities for the chronically ill. (f) Providers shall use HIV, AIDS, and tuberculosis materials produced, approved, or distributed by any of the following: (1) The federal Centers for Disease Control. (2) The American Lung Association. (3) The University of California. (4) The California Association of AIDS Agencies. (5) The California AIDS Clearinghouse. (6) County and city health departments. (g) In the event that an administrator or program director demonstrates to the department a significant difficulty in accessing training, the administrators and program directors of these facilities shall have the option of fulfilling these training requirements through a study course consisting of written and/or video educational materials. (h) Successful completion of the training or study course by administrators and program directors and the biannual update described in this section shall be verified with the department during the annual review of the facility pursuant to subdivision (a) of Section 1534. Trained administrators and program directors shall disseminate the HIV, AIDS, and tuberculosis materials to facility personnel. (Amended by Stats. 1994, Ch. 146, Sec. 101. Effective January 1, 1995.)
1562.6.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 6. Other Provisions [1560 - 1565.5] ( Article 6 added by Stats. 1973, Ch. 1203. )
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Adult residential care facility administrators must get a written intake assessment from a licensed mental health professional before accepting a client, and the department must send inspection licensing reports within 30 days.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 6. Other Provisions [1560 - 1565.5] ( Article 6 added by Stats. 1973, Ch. 1203. ) ## 1562.6. (a) The administrator of an adult residential care facility that provides services for residents who have mental illness shall ensure that a written intake assessment is prepared by a licensed mental health professional prior to acceptance of the client. This assessment may be provided by a student intern if the work is supervised by a properly licensed mental health professional. Facility administrators may utilize placement agencies, including, but not limited to, county clinics for referrals and assessments. (b) Within 30 days after an inspection of an adult residential care facility the State Department of Social Services shall provide the licensee with a copy of the licensing report verifying compliance or noncompliance by the facility with applicable licensing provisions. This report shall not include confidential client information, and copies of reports within the last 24 months shall be provided by the facility to the public upon request. (Added by Stats. 1996, Ch. 828, Sec. 2. Effective January 1, 1997.)
1563.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 6. Other Provisions [1560 - 1565.5] ( Article 6 added by Stats. 1973, Ch. 1203. )
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The department must train licensing personnel and run a staff development program. Certain licensing personnel must get at least 24 hours of training per year, and foster children have a right to fair access to services and to be free from discrimination or harassment on listed grounds.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 6. Other Provisions [1560 - 1565.5] ( Article 6 added by Stats. 1973, Ch. 1203. ) ## 1563. (a) The department shall ensure that licensing personnel at the department have appropriate training to properly carry out this chapter. (b) The department shall institute a staff development and training program to develop among departmental staff the knowledge and understanding necessary to successfully carry out this chapter. Specifically, the program shall do all of the following: (1) Provide staff with 36 hours of training per year that reflects the needs of persons served by community care facilities. This training shall, where appropriate, include specialized instruction in the needs of foster children, persons with mental disorders, or developmental or physical disabilities, or other groups served by specialized community care facilities. (2) Give priority to applications for employment from persons with experience as care providers to persons served by community care facilities. (3) Provide new staff with comprehensive training within the first six months of employment. This comprehensive training shall, at a minimum, include the following core areas: administrative action process, client populations, conducting facility visits, cultural awareness, documentation skills, facility operations, human relation skills, interviewing techniques, investigation processes, and regulation administration. (c) In addition to the requirements in subdivision (b), group home, short-term residential therapeutic program, and foster family agency licensing personnel shall receive a minimum of 24 hours of training per year to increase their understanding of children in group homes, short-term residential therapeutic programs, certified homes, and foster family homes. The training shall cover, but not be limited to, all of the following topics: (1) The types and characteristics of emotionally troubled children. (2) The high-risk behaviors they exhibit. (3) The biological, psychological, interpersonal, and social contributors to these behaviors. (4) The range of management and treatment interventions utilized for these children, including, but not limited to, nonviolent, emergency intervention techniques. (5) The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status. (d) The training described in subdivisions (b) and (c) may include the following topics: (1) An overview of the child protective and probation systems. (2) The effects of trauma, including grief and loss, and child abuse or neglect on child development and behavior, and methods to behaviorally support children impacted by that trauma or child abuse and neglect. (3) Positive discipline and the importance of self-esteem. (4) Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic medications, and trauma, mental health, and substance use disorder treatments for children in foster care under the jurisdiction of the juvenile court, including how to access those treatments. (5) Accessing the services and supports available to foster children to address educational needs, physical, mental, and behavioral health, substance use disorders, and culturally relevant services. (6) Instruction on cultural competency and sensitivity and related best practices for, providing adequate care for children across diverse ethnic and racial backgrounds, as well as for children identifying as lesbian, gay, bisexual, and transgender. (7) Understanding how to use best practices for providing care and supervision to commercially sexually exploited children. (8) Understanding the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children, including the role of the caregiver in supporting culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions. (9) Understanding how to use best practices for providing care and supervision to nonminor dependents. (10) Understanding how to use best practices for providing care and supervision to children with special health care needs. (11) Basic instruction on existing laws and procedures regarding the safety of foster youth at school; and ensuring a harassment and violence free school environment pursuant to Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code. (12) Permanence, well-being, and educational needs of children. (13) Child and adolescent development, including sexual orientation, gender identity, and gender expression. (14) The role of foster parents, including working cooperatively with the child welfare or probation agency, the child’s family, and other service providers implementing the case plan. (15) A foster parent’s responsibility to act as a reasonable and prudent parent, and to provide a family setting that promotes normal childhood experiences that serve the needs of the child. (16) Physical and psychosocial needs of children, including behavior management, de-escalation techniques, and trauma informed crisis management planning. (Amended by Stats. 2025, Ch. 241, Sec. 20. (SB 857) Effective January 1, 2026.)
1564.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 6. Other Provisions [1560 - 1565.5] ( Article 6 added by Stats. 1973, Ch. 1203. )
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This section bars certain sex offenders from living in qualifying community care facilities near elementary schools and requires screening statements from residents or applicants.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 6. Other Provisions [1560 - 1565.5] ( Article 6 added by Stats. 1973, Ch. 1203. ) ## 1564. (a) No individual who has ever been convicted of a sex offense against a minor shall reside in a community care facility that is within one mile of an elementary school. (b) Any community care facility which is located within one mile of an elementary school shall obtain from each individual who is a resident of the facility on the effective date of this section a signed statement that the resident or applicant for residence has never been convicted of a sex offense against a minor. (c) If on January 1, 1983, a person who has been convicted of a sex offense against a minor is residing in a community care facility that is within one mile of a school, the operator shall notify the appropriate placement agency. Continued residence in the facility shall extend no longer than six months. (d) Prior to placement in a community care facility which is located within one mile of an elementary school, the placement agency shall obtain, from the client to be placed, a signed statement that he or she has never been convicted of a sex offense against a minor. Any placement agent who knowingly places a person who has been convicted of a sex offense against a minor in a facility which is located within one mile of an elementary school shall be guilty of a misdemeanor. Where there is no placement agency involved, the community care facility shall obtain from any applicant a signed statement that he or she has never been convicted of a sex offense against a minor. (e) Any resident or applicant for residence who makes a false statement as to a conviction for a prior sex offense against a minor is guilty of a misdemeanor. (f) For purposes of this section, “sex offense” means any one or more of the following offenses: (1) Any offense defined in Section 220, 261, 261.5, 266, 266e, 266f, 266i, 266j, 267, 273f as it pertains to houses of prostitution, 273g, 285, 286, 287, 288, 289, 290, 311, 311.2, 311.4, 313.1, 318, subdivision (a) or (d) of Section 647, 647a, 650 1/2 as it relates to lewd or lascivious behavior, 653f, or 653m, or former Section 288a of, the Penal Code. (2) Any offense defined in subdivision (5) of former Section 647 of the Penal Code repealed by Chapter 560 of the Statutes of 1961, or any offense defined in subdivision (2) of former Section 311 of the Penal Code repealed by Chapter 2147 of the Statutes of 1961, if the offense defined in such sections was committed prior to September 15, 1961. (3) Any offense defined in Section 314 of the Penal Code committed on or after September 15, 1961. (4) Any offense defined in subdivision (1) of former Section 311 of the Penal Code repealed by Chapter 2147 of the Statutes of 1961 committed on or after September 7, 1955, and prior to September 15, 1961. (5) Any offense involving lewd and lascivious conduct under Section 272 of the Penal Code committed on or after September 15, 1961. (6) Any offense involving lewd and lascivious conduct under former Section 702 of the Welfare and Institutions Code repealed by Chapter 1616 of the Statutes of 1961, if such offense was committed prior to September 15, 1961. (7) Any offense defined in Section 286 or 288a of the Penal Code prior to the effective date of the amendment of either section enacted at the 1975–76 Regular Session of the Legislature committed prior to the effective date of the amendment. (8) Any attempt or conspiracy to commit any of the above-mentioned offenses. (9) Any federal sex offense or any sex offense committed or attempted in any other state which, if committed or attempted in this state, would have been punishable as one or more of the above-mentioned offenses. (g) This section shall not apply to residential care facilities for the elderly or to any person receiving community supervision and treatment pursuant to Title 15 (commencing with Section 1600) of Part 2 of the Penal Code. (Amended by Stats. 2018, Ch. 423, Sec. 33. (SB 1494) Effective January 1, 2019.)
1565.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 6. Other Provisions [1560 - 1565.5] ( Article 6 added by Stats. 1973, Ch. 1203. )
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Facilities covered by this section must keep an emergency and disaster plan and follow detailed preparedness, training, drill, review, and documentation requirements.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 6. Other Provisions [1560 - 1565.5] ( Article 6 added by Stats. 1973, Ch. 1203. ) ## 1565. (a) A facility shall have an emergency and disaster plan that shall include, but not be limited to, all of the following: (1) Evacuation procedures, including identification of an assembly point or points that shall be included in the facility sketch. (2) Plans for the facility to be self-reliant for a period of not less than 72 hours immediately following any emergency or disaster, including, but not limited to, a short-term or long-term power failure. If the facility plans to shelter in place and one or more utilities, including water, sewer, gas, or electricity, is not available, the facility shall have a plan and supplies available to provide alternative resources during an outage. (3) Transportation needs and evacuation procedures to ensure that the facility can communicate with emergency response personnel or can access the information necessary in order to check the emergency routes to be used at the time of an evacuation and relocation necessitated by a disaster. If the transportation plan includes the use of a vehicle owned or operated by the facility, the keys to the vehicle shall be available to staff on all shifts. (4) A contact information list of all of the following: (A) Emergency response personnel. (B) The contact information for the regulating entity. (C) Transportation providers. (5) At least two appropriate shelter locations that can house or supervise, as applicable, individuals served by the facility during an evacuation. One of the locations shall be outside of the immediate area. (6) The location of utility shutoff valves and instructions for use. (7) Procedures that address, but are not limited to, all of the following: (A) Provision of emergency power that could include identification of suppliers of backup generators. If a permanently installed generator is used, the plan shall include its location and a description of how it will be used. If a portable generator is used, the manufacturer’s operating instructions shall be followed. (B) Responding to an individual’s needs if emergency call buttons are inoperable. (C) The process for communicating with individuals served by the facility, families, and others, as appropriate, that might include landline telephones, cellular telephones, or walkie-talkies. A backup process shall also be established. Individuals served by the facility and their responsible parties shall be informed of the process for communicating during an emergency. (D) Assistance with, and administration of, medications. (E) Storage and preservation of medications, including the storage of medications that require refrigeration. (F) The operation of assistive medical devices that need electric power for their operation, including, but not limited to, oxygen equipment and wheelchairs. (G) A process for identifying individuals served by the facility who have special needs, and a plan for meeting those needs. (H) Procedures for confirming the location of each individual served by the facility during an emergency response. (b) If a facility employs staff, the facility shall provide training on the plan to each staff member upon hire and annually thereafter. The training shall include staff responsibilities during an emergency or disaster. (c) A facility shall conduct a drill at least quarterly for each shift. The type of emergency covered in a drill shall vary from quarter to quarter, taking into account different emergency scenarios. An actual evacuation of individuals served by the facility is not required during a drill. While a facility may provide an opportunity for individuals served by the facility to participate in a drill, it shall not require that participation. Documentation of the drills shall include the date, the type of emergency covered by the drill, and, if applicable, the names of staff participating in the drill. (d) A facility shall review the plan annually and make updates as necessary, including changes in floor plans and the population served. The licensee, administrator, or regulated individual shall sign and date the documentation to indicate that the plan has been reviewed and updated as necessary. (e) A facility shall have all of the following information readily available during an emergency: (1) A roster of individuals served by the facility, with the date of birth for each individual. (2) An appraisal of needs and services plan for each individual served by the facility. (3) A medication list for individuals served by the facility with centrally stored medications. (4) Contact information for the responsible party and physician for each individual served by the facility. (f) A facility shall have both of the following in place: (1) An evacuation chair at each stairwell in a residential facility serving adults, on or before July 1, 2021. (2) A set of keys available for use during an evacuation that provides access to all of the following: (A) All occupied resident units, if applicable. (B) All facility vehicles. (C) All facility exit doors. (D) All facility cabinets and cupboards or files that contain elements of the emergency and disaster plan, including, but not limited to, food supplies and protective shelter supplies. (g) A facility shall make the plan available upon request to individuals served by the facility onsite, any responsible party for a resident, the local long-term care ombudsman, and local emergency responders. Individual and employee information shall be kept confidential. (h) An applicant seeking a license or approval for a new facility shall submit the emergency and disaster plan with the initial license application required. (i) The regulating entity shall confirm, during regularly scheduled visits, that the emergency and disaster plan is on file at the facility and includes required content. (j) A facility is encouraged to have the emergency and disaster plan reviewed by local emergency authorities. (k) Nothing in this section shall create a new or additional requirement for the regulating entity to evaluate the emergency and disaster plan. (l) For the purposes of this section, a “facility” means any of the following: (1) An adult residential facility. (2) A social rehabilitation facility. (3) A children’s residential facility other than a resource family home, foster family home, or a small family home. (Added by Stats. 2020, Ch. 367, Sec. 12. (SB 1264) Effective January 1, 2021.)
1565.5.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 6. Other Provisions [1560 - 1565.5] ( Article 6 added by Stats. 1973, Ch. 1203. )
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Adult day programs must have an emergency and disaster plan.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 6. Other Provisions [1560 - 1565.5] ( Article 6 added by Stats. 1973, Ch. 1203. ) ## 1565.5. In addition to any other requirement of this chapter, an adult day program, as defined in Section 1502, shall have an emergency and disaster plan that includes, but is not limited to, all of the following: (a) Evacuation procedures. (b) Transportation arrangements. (c) A contact information list of all of the following: (1) Local emergency response personnel. (2) Each client’s authorized representative or local emergency contact name. (3) The licensing division within the department. (d) The location of all utility shut-off valves and instructions for use. (Added by Stats. 2020, Ch. 367, Sec. 13. (SB 1264) Effective January 1, 2021.)
1566.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 7. Local Regulation [1566 - 1566.8] ( Article 7 added by Stats. 1978, Ch. 891. )
Verify source ↗

Counties, cities, and other local public entities must allow and encourage enough residential care facilities to meet local need.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 7. Local Regulation [1566 - 1566.8] ( Article 7 added by Stats. 1978, Ch. 891. ) ## 1566. The Legislature hereby declares that it is the policy of this state that each county and city shall permit and encourage the development of sufficient numbers and types of residential care facilities as are commensurate with local need. The provisions of this article shall apply equally to any chartered city, general law city, county, city and county, district, and any other local public entity. For the purposes of this article, “six or fewer persons” does not include the licensee or members of the licensee’s family or persons employed as facility staff. (Added by Stats. 1978, Ch. 891.)
1566.1.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 7. Local Regulation [1566 - 1566.8] ( Article 7 added by Stats. 1978, Ch. 891. )
Verify source ↗

Certain licensed operators, licensing agencies, and client-placement agencies may invoke this article; interested parties are also not barred from filing suit to do so.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 7. Local Regulation [1566 - 1566.8] ( Article 7 added by Stats. 1978, Ch. 891. ) ## 1566.1. Any person licensed under the provisions of this chapter who operates, or proposes to operate a residential facility, the department or other public agency authorized to license such a facility, or any public or private agency which uses or may use the services of the facility to place its clients, may invoke the provisions of this article. This section shall not be construed to prohibit any interested party from bringing suit to invoke the provisions of this article. (Added by Stats. 1978, Ch. 891.)
1566.2.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 7. Local Regulation [1566 - 1566.8] ( Article 7 added by Stats. 1978, Ch. 891. )
Verify source ↗

Residential facilities serving six or fewer persons are exempt from certain local business and registration fees, and fire-inspection fee charges are barred except as authorized by Section 13235.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 7. Local Regulation [1566 - 1566.8] ( Article 7 added by Stats. 1978, Ch. 891. ) ## 1566.2. A residential facility, which serves six or fewer persons shall not be subject to any business taxes, local registration fees, use permit fees, or other fees to which other family dwellings of the same type in the same zone are not likewise subject. Nothing in this section shall be construed to forbid the imposition of local property taxes, fees for water service and garbage collection, fees for inspections not prohibited by Section 1566.3, local bond assessments, and other fees, charges, and assessments to which other family dwellings of the same type in the same zone are likewise subject. Neither the State Fire Marshal nor any local public entity shall charge any fee for enforcing fire inspection regulations pursuant to state law or regulation or local ordinance, with respect to residential facilities that serve six or fewer persons, except for fees authorized pursuant to Section 13235. For purposes of this section, “family dwellings,” includes, but is not limited to, single-family dwellings, units in multifamily dwellings, including units in duplexes and units in apartment dwellings, mobilehomes, including mobilehomes located in mobilehome parks, units in cooperatives, units in condominiums, units in townhouses, and units in planned unit developments. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 12, Sec. 13. Effective July 28, 2009.)
1566.25.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 7. Local Regulation [1566 - 1566.8] ( Article 7 added by Stats. 1978, Ch. 891. )
Verify source ↗

If a county of residence agrees to reimburse placement costs for a minor, it must pay the placement county’s actual unreimbursed service costs, and payment claims must include documentation and be paid within 30 days.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 7. Local Regulation [1566 - 1566.8] ( Article 7 added by Stats. 1978, Ch. 891. ) ## 1566.25. If a county of residence agrees to pay a placement county the costs of providing services to a minor pursuant to subdivision (a) of Section 740 of the Welfare and Institutions Code, all of the following shall apply: (a) The county of residence shall agree to pay the placement county the actual costs of providing services to a child placed in a community care facility outside his or her county of residence by a placement agency, as defined in Section 1536.1, that are incurred by the probation department, social services department, health department, or mental health department of the placement county for which the placement county is not otherwise reimbursed. (b) Claims made by the county of placement to the county of residency pursuant to subdivision (a) shall include documentation and shall be paid within 30 days of submission of these claims. (c) For the purposes of this section, the county from where the child was placed in the community care facility shall be considered the county of residency. (Added by Stats. 1992, Ch. 1153, Sec. 4. Effective January 1, 1993.)
1566.3.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 7. Local Regulation [1566 - 1566.8] ( Article 7 added by Stats. 1978, Ch. 891. )
Verify source ↗

A residential facility serving six or fewer persons is treated as a residential use and as a family for related zoning and property-use rules.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 7. Local Regulation [1566 - 1566.8] ( Article 7 added by Stats. 1978, Ch. 891. ) ## 1566.3. (a) Whether or not unrelated persons are living together, a residential facility that serves six or fewer persons shall be considered a residential use of property for the purposes of this article. In addition, the residents and operators of such a facility shall be considered a family for the purposes of any law or zoning ordinance that relates to the residential use of property pursuant to this article. (b) For the purpose of all local ordinances, a residential facility that serves six or fewer persons shall not be included within the definition of a boarding house, rooming house, institution or home for the care of minors, the aged, or persons with mental health disorders, foster care home, guest home, rest home, community residence, or other similar term that implies that the residential facility is a business run for profit or differs in any other way from a family dwelling. (c) This section shall not be construed to prohibit a city, county, or other local public entity from placing restrictions on building heights, setback, lot dimensions, or placement of signs of a residential facility that serves six or fewer persons as long as those restrictions are identical to those applied to other family dwellings of the same type in the same zone. (d) This section shall not be construed to prohibit the application to a residential care facility of any local ordinance that deals with health and safety, building standards, environmental impact standards, or any other matter within the jurisdiction of a local public entity if the ordinance does not distinguish residential care facilities that serve six or fewer persons from other family dwellings of the same type in the same zone and if the ordinance does not distinguish residents of the residential care facilities from persons who reside in other family dwellings of the same type in the same zone. Nothing in this section shall be construed to limit the ability of a local public entity to fully enforce a local ordinance, including, but not limited to, the imposition of fines and other penalties associated with violations of local ordinances covered by this section. (e) No conditional use permit, zoning variance, or other zoning clearance shall be required of a residential facility that serves six or fewer persons that is not required of a family dwelling of the same type in the same zone. (f) Use of a family dwelling for purposes of a residential facility serving six or fewer persons shall not constitute a change of occupancy for purposes of Part 1. 5 (commencing with Section 17910) of Division 13 or local building codes. However, nothing in this section is intended to supersede Section 13143 or 13143.6, to the extent such sections are applicable to residential facilities providing care for six or fewer residents. (g) For the purposes of this section, “family dwelling,” includes, but is not limited to, single-family dwellings, units in multifamily dwellings, including units in duplexes and units in apartment dwellings, mobilehomes, including mobilehomes located in mobilehome parks, units in cooperatives, units in condominiums, units in townhouses, and units in planned unit developments. (Amended by Stats. 2014, Ch. 144, Sec. 32. (AB 1847) Effective January 1, 2015.)
1566.4.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 7. Local Regulation [1566 - 1566.8] ( Article 7 added by Stats. 1978, Ch. 891. )
Verify source ↗

A residential facility cannot be denied a fire inspection clearance or similar permit because it failed to comply with local ordinances that it is exempt from, if it otherwise qualifies.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 7. Local Regulation [1566 - 1566.8] ( Article 7 added by Stats. 1978, Ch. 891. ) ## 1566.4. No fire inspection clearance or other permit, license, clearance, or similar authorization shall be denied to a residential facility because of a failure to comply with local ordinances from which such facilities are exempt under Section 1566.3, provided that the applicant otherwise qualifies for such fire clearance, license, permit, or similar authorization. (Added by Stats. 1978, Ch. 891.)
1566.45.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 7. Local Regulation [1566 - 1566.8] ( Article 7 added by Stats. 1978, Ch. 891. )
Verify source ↗

This section limits when bedridden people may be admitted to or kept in residential facilities, and sets notice, reporting, and fire-safety rules for those facilities and agencies.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 7. Local Regulation [1566 - 1566.8] ( Article 7 added by Stats. 1978, Ch. 891. ) ## 1566.45. (a) (1) For purposes of this section, “bedridden” means requiring assistance in turning and repositioning in bed or being unable to independently transfer to and from bed, except in a facility with appropriate and sufficient care staff, mechanical devices, if necessary, and safety precautions, as determined by the director in regulations. (2) In developing the regulations for child residential facilities, the department shall take into consideration the size and weight of the child. (3) For purposes of this section, the status of being bedridden shall not include a temporary illness or recovery from surgery that persists for 14 days or less. (4) The determination of the bedridden status of persons with developmental disabilities shall be made by the Director of Social Services or their designated representative, in consultation with the Director of Developmental Services or their designated representative, after consulting the resident’s individual safety plan. The determination of the bedridden status of all other persons with disabilities who are not developmentally disabled shall be made by the Director of Social Services, or their designated representative. (b) A client shall not be admitted to or retained in a residential facility if the client requires 24-hour skilled nursing care, except for a facility licensed as an Adult Residential Facility for Persons with Special Health Care Needs or a Group Home for Children with Special Health Care Needs pursuant to Article 9 (commencing with Section 1567.50). (c) A bedridden person may be admitted to, and remain in, a residential facility that secures and maintains an appropriate fire clearance. A fire clearance shall be issued to a facility in which one or more bedridden persons reside if either of the following conditions are met: (1) The fire safety requirements are met. Clients who are unable to independently transfer to and from bed, but who do not need assistance to turn or reposition in bed, shall be considered nonambulatory for purposes of this paragraph. (2) Alternative methods of protection are approved. (d) Notwithstanding paragraph (3) of subdivision (a), a bedridden client may be retained in a residential facility in excess of 14 days if all of the following requirements are satisfied: (1) The facility notifies the department in writing that the person is recovering from a temporary illness or surgery. (2) The facility submits to the department, with the notification required in paragraph (1), a physician and surgeon’s written statement to the effect that the client’s illness or recovery is of a temporary nature. The statement shall contain an estimated date upon which the illness or recovery is expected to end or upon which the client is expected to no longer be confined to bed. (3) The department determines that the client’s health and safety is adequately protected in the facility and that transfer to a higher level of care is not necessary. (4) This subdivision does not expand the scope of care and supervision of a residential facility. (e) Notwithstanding the length of stay of a bedridden client, every residential facility admitting or retaining a bedridden client shall, within 48 hours of the client’s admission or retention in the facility, notify the fire authority having jurisdiction over the bedridden client’s location of the estimated length of time the client will retain their bedridden status in the facility. (f) (1) The department and the Office of the State Fire Marshal, in consultation with the State Department of Developmental Services, shall each promulgate regulations that meet all of the following conditions: (A) Are consistent with this section. (B) Are applicable to facilities regulated under this chapter, consistent with the regulatory requirements of the California Building Standards Code for fire and life safety for the respective occupancy classifications into which the State Department of Social Services’ community care licensing classifications fall. (C) Permit clients to remain in homelike settings. (2) At a minimum, these regulations shall do both of the following with regard to a residential care facility that provides care for six or fewer clients, at least one of whom is bedridden: (A) Clarify the fire and life safety requirements for a fire clearance for the facility. (B) Identify procedures for requesting the approval of alternative means of providing equivalent levels of fire and life safety protection. Either the facility, the client or client’s representative, or local fire official may request from the Office of the State Fire Marshal a written opinion concerning the interpretation of the regulations promulgated by the State Fire Marshal pursuant to this section for a particular factual dispute. The State Fire Marshal shall issue the written opinion within 45 days following the request. (g) For facilities that care for six or fewer clients, a local fire official shall not impose fire safety requirements stricter than the fire safety regulations promulgated for the particular type of facility by the Office of the State Fire Marshal or the local fire safety requirements imposed on any other single-family dwelling, whichever is more strict. (h) This section and regulations promulgated thereunder shall be interpreted in a manner that provides flexibility to allow bedridden persons to avoid institutionalization and be admitted to, and safely remain in, community-based residential care facilities. (Amended by Stats. 2021, Ch. 76, Sec. 11. (AB 136) Effective July 16, 2021.)
1566.5.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 7. Local Regulation [1566 - 1566.8] ( Article 7 added by Stats. 1978, Ch. 891. )
Verify source ↗

A residential facility serving six or fewer persons is treated as residential and single-family use for certain real-property transfer documents executed on or after January 1, 1979.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 7. Local Regulation [1566 - 1566.8] ( Article 7 added by Stats. 1978, Ch. 891. ) ## 1566.5. For the purposes of any contract, deed, or covenant for the transfer of real property executed on or after January 1, 1979, a residential facility which serves six or fewer persons shall be considered a residential use of property and a use of property by a single family, notwithstanding any disclaimers to the contrary. (Added by Stats. 1978, Ch. 891.)
1566.6.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 7. Local Regulation [1566 - 1566.8] ( Article 7 added by Stats. 1978, Ch. 891. )
Verify source ↗

The department must prepare and update a statewide list of licensed community care facilities, with quarterly updates, and include specified facility details.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 7. Local Regulation [1566 - 1566.8] ( Article 7 added by Stats. 1978, Ch. 891. ) ## 1566.6. The department shall annually prepare, with a quarterly update commencing July 1, 1979, specifying newly licensed facilities, a list or lists of all licensed community care facilities in the state, other than foster family homes, which shall include the information required by Section 1536 and shall additionally specify as to each such facility the licensed capacity of the facility and whether it is licensed by the state department or by another public agency pursuant to Section 1511. Compliance with this section shall also constitute compliance with Section 1536. (Amended by Stats. 1984, Ch. 1615, Sec. 7.)
1566.7.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 7. Local Regulation [1566 - 1566.8] ( Article 7 added by Stats. 1978, Ch. 891. )
Verify source ↗

The department must notify placement agencies and the state long-term care ombudsman when certain serious violations are substantiated, and the director must give prompt notice to placement agencies when a facility has certain serious deficiencies.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 7. Local Regulation [1566 - 1566.8] ( Article 7 added by Stats. 1978, Ch. 891. ) ## 1566.7. The department shall notify affected placement agencies and the Office of the State Long-Term Care Ombudsman, as defined in subdivision (c) of Section 9701 of the Welfare and Institutions Code, whenever the department substantiates that a violation has occurred, which poses a serious threat to the health and safety of any resident when the violation results in the assessment of any penalty or causes an accusation to be filed for the revocation of a license. If the violation is appealed by the facility within 15 business days, the department shall only notify placement agencies of the violation when the appeal has been exhausted. If the appeal process has not been completed within 60 days, the placement agency shall be notified with a notation which indicates that the case is still under appeal. The notice to each placement agency shall be updated monthly for the following 24-month period and shall include the name and location of the facility, the amount of the fine, the nature of the violation, the corrective action taken, the status of the revocation, and the resolution of the complaint. At any time during which a facility is found to have one or more of the following serious deficiencies, the director shall provide an immediate notice of not to exceed five working days to the placement agency: (a) Discovery that an employee of the facility has a criminal record which would affect the facility’s compliance with Section 1522. (b) Discovery that a serious incident that resulted in physical or emotional trauma of a resident has occurred in a facility. (Amended by Stats. 2016, Ch. 823, Sec. 3. (AB 2231) Effective January 1, 2017.)
1566.75.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 7. Local Regulation [1566 - 1566.8] ( Article 7 added by Stats. 1978, Ch. 891. )
Verify source ↗

The department’s Community Care Licensing Division must sign memoranda of understanding with up to 10 volunteer local mental health departments by January 1, 2006, and the department must send signed copies to the Legislature by January 31, 2006.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 7. Local Regulation [1566 - 1566.8] ( Article 7 added by Stats. 1978, Ch. 891. ) ## 1566.75. (a) By January 1, 2006, the department’s Community Care Licensing Division shall enter into memoranda of understanding with up to 10 local mental health departments that volunteer to participate. Each memorandum of understanding shall outline a formal protocol to address shared responsibilities, monitoring responsibilities, facility closures, training, and a process for mediation of disputes between the local mental health authority and the department’s local licensing office relating to adult residential facilities and social rehabilitation facilities. (b) On or before January 31, 2006, the department shall transmit a copy of each memorandum of understanding that has been signed to the Legislature. (Added by Stats. 2004, Ch. 660, Sec. 1. Effective January 1, 2005.)
1566.8.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 7. Local Regulation [1566 - 1566.8] ( Article 7 added by Stats. 1978, Ch. 891. )
Verify source ↗

Certain mobilehome park rules and agreements cannot directly or indirectly forbid a licensed foster family home in a family park or family section.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 7. Local Regulation [1566 - 1566.8] ( Article 7 added by Stats. 1978, Ch. 891. ) ## 1566.8. Notwithstanding any other provision of law, if according to the rules and regulations of a mobilehome park, the park is designated as a family park or a section of a mixed mobilehome park is designated as a family section, no rule, regulation, rental agreement, or any other provision in existence on the effective date of this section shall, directly or indirectly, prohibit a person from operating in any mobilehome in a family park or designated family section, a licensed foster family home. (Added by Stats. 1987, Ch. 1092, Sec. 3. Effective September 24, 1987.)
1567.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 8. Community Care Facilities for Wards of the Juvenile Court [1567 - 1567.8] ( Article 8 added by Stats. 1978, Ch. 889. )
Verify source ↗

The Legislature states that counties should be encouraged to provide enough licensed community care facilities for county-resident minors who are wards of the juvenile court.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 8. Community Care Facilities for Wards of the Juvenile Court [1567 - 1567.8] ( Article 8 added by Stats. 1978, Ch. 889. ) ## 1567. It is the intent of the Legislature that each county be encouraged to provide, in the county, a number and variety of licensed community care facilities, as defined in Sections 1502 and 1503 of the Health and Safety Code, commensurate to the needs of minors adjudged wards of the juvenile court pursuant to Section 601 or 602 of the Welfare and Institutions Code, hereinafter in this article referred to as wards of the juvenile court, who are residents of the county. (Added by Stats. 1978, Ch. 889.)
1567.1.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 8. Community Care Facilities for Wards of the Juvenile Court [1567 - 1567.8] ( Article 8 added by Stats. 1978, Ch. 889. )
Verify source ↗

The Legislature says removal of city or county zoning restrictions is encouraged when those restrictions unreasonably impair a county’s ability to serve wards of the juvenile court.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 8. Community Care Facilities for Wards of the Juvenile Court [1567 - 1567.8] ( Article 8 added by Stats. 1978, Ch. 889. ) ## 1567.1. It is further the intent of the Legislature that, where city or county zoning restrictions unreasonably impair the ability of a county to serve the needs of its residents who are wards of the juvenile court, the removal of these restrictions is hereby encouraged and is a matter of high state interest. (Added by Stats. 1978, Ch. 889.)
1567.2.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 8. Community Care Facilities for Wards of the Juvenile Court [1567 - 1567.8] ( Article 8 added by Stats. 1978, Ch. 889. )
Verify source ↗

This section defines “wards of the juvenile court” and states a legislative intent to place them in licensed community care facilities in their county of residence, unless specialized care or family separation needs require otherwise.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 8. Community Care Facilities for Wards of the Juvenile Court [1567 - 1567.8] ( Article 8 added by Stats. 1978, Ch. 889. ) ## 1567.2. As used in this article, the term “wards of the juvenile court” shall include minors who have been found by the juvenile court to be described by Section 601 or 602 of the Welfare and Institutions Code, as well as minors who are described by Section 601 or 602 of the Welfare and Institutions Code who have been diverted from formal juvenile court proceedings. It is further the intent of the Legislature to encourage that wards of the juvenile court be placed in licensed community care facilities within their county of residence, unless an individual ward has identifiable needs requiring specialized care which cannot be provided in a local facility, or unless the needs of the individual ward dictate physical separation from his family. (Added by Stats. 1978, Ch. 889.)
1567.3.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 8. Community Care Facilities for Wards of the Juvenile Court [1567 - 1567.8] ( Article 8 added by Stats. 1978, Ch. 889. )
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A licensed community care facility cannot receive a juvenile court ward until the county probation officer has received the required notice, and the facility must keep a copy of that notice on file.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 8. Community Care Facilities for Wards of the Juvenile Court [1567 - 1567.8] ( Article 8 added by Stats. 1978, Ch. 889. ) ## 1567.3. (a) No licensed community care facility may receive a ward of the juvenile court as described in Section 602 of the Welfare and Institutions Code until the probation officer of the county in which the community care facility is located has received notice, in writing, by fax, or electronically transmitted, of the placement, as prescribed in Section 740 of the Welfare and Institutions Code, including the name of the ward, the juvenile record of the ward, including any known prior offenses or gang affiliation, and the ward’s county of residence, from the probation officer of the county making the placement, or, in the case of a ward of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, the parole officer in charge of the case. The licensed community care facility shall maintain a copy of this notice on file as evidence of compliance with this section. (b) (1) The probation officer of a county making an out-of-county placement of a ward of the juvenile court as described in Section 602 of the Welfare and Institutions Code shall notify the probation officer of the county in which the community care facility is located at least 24 hours prior to receipt of the ward by the licensed community care facility. If the ward is received on a weekend or holiday, notification shall be made by the end of the next business day. (2) A probation officer of a county making an out-of-county placement of a ward of the juvenile court who makes a notification pursuant to paragraph (1) shall also send, at that time, a copy of the notification to the community care facility where the ward is being placed. (Amended by Stats. 2009, Ch. 46, Sec. 3. (SB 352) Effective January 1, 2010.)
1567.4.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 8. Community Care Facilities for Wards of the Juvenile Court [1567 - 1567.8] ( Article 8 added by Stats. 1978, Ch. 889. )
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The State Department of Social Services must provide quarterly, at cost, a roster of certain licensed community care facilities to counties, cities, and chief probation officers when requested.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 8. Community Care Facilities for Wards of the Juvenile Court [1567 - 1567.8] ( Article 8 added by Stats. 1978, Ch. 889. ) ## 1567.4. The State Department of Social Services shall provide, at cost, quarterly to each county and to each city, upon the request of the county or city, and to the chief probation officer of each county and city and county, a roster of all community care facilities licensed as small family homes, short-term residential therapeutic programs, or group homes located in the county, which provide services to wards of the juvenile court, including information as to whether each facility is licensed by the state or the county, the type of facility, and the licensed bed capacity of each such facility. Information concerning the facility shall be limited to that available through the computer system of the State Department of Social Services. (Amended by Stats. 2016, Ch. 612, Sec. 55. (AB 1997) Effective January 1, 2017.)
1567.50.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9. Residential Facilities for Persons with Special Health Care Needs: Licensing [1567.50 - 1567.51] ( Heading of Article 9 amended by Stats. 2021, Ch. 76, Sec. 12. )
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This section requires state agencies to run and coordinate licensing for certain adult residential facilities, sets approval and training conditions, and requires certificate renewal every two years with continuing education.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9. Residential Facilities for Persons with Special Health Care Needs: Licensing [1567.50 - 1567.51] ( Heading of Article 9 amended by Stats. 2021, Ch. 76, Sec. 12. ) ## 1567.50. (a) Notwithstanding that a community care facility means a place that provides nonmedical care under subdivision (a) of Section 1502, pursuant to Article 3.5 (commencing with Section 4684.50) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, the department shall jointly implement with the State Department of Developmental Services a licensing program to provide special health care and intensive support services to adults in homelike community settings. (b) The State Department of Social Services may license, subject to the following conditions, an Adult Residential Facility for Persons with Special Health Care Needs to provide 24-hour services to up to five adults with developmental disabilities who have special health care and intensive support needs, as defined in subdivisions (f) and (g) of Section 4684.50 of the Welfare and Institutions Code. (1) The State Department of Developmental Services shall be responsible for granting the certificate of program approval for an Adult Residential Facility for Persons with Special Health Care Needs (ARFPSHN). The State Department of Social Services shall not issue a license unless the applicant has obtained a certification of program approval from the State Department of Developmental Services. (2) The State Department of Social Services shall ensure that the ARFPSHN meets the administration requirements under Article 2 (commencing with Section 1520) including, but not limited to, requirements relating to fingerprinting and criminal records under Section 1522 and administrator certification requirements of an adult residential facility pursuant Section 1562.3, including, but not limited to, the following: (A) Successfully complete a department-approved administrator certification training program requiring a minimum of 35 hours of instruction conducive to learning in which participants are able to simultaneously interact with each other as well as with the instructor, and that provides training on a uniform core of knowledge under Section 1562.3. (B) Unless an extension is granted to the applicant by the department, an applicant for an administrator’s certificate shall, within 60 days of the applicant’s completion of instruction, pass the examination provided for in Section 1562.3. (C) Submit an application for administrator certification to the department to include: (i) An administrator certification application. (ii) A certificate of completion of the administrator certification training program required pursuant to this section. (iii) The fee for processing an administrator certification application, including the issuance of the administrator certificate, as specified in 1562.3. (iv) Documentation that the applicant has passed the examination. (3) The State Department of Social Services shall administer employee actions under Article 5.5 (commencing with Section 1558). (4) The regional center shall monitor and enforce compliance of the program and health and safety requirements, including monitoring and evaluating the quality of care and intensive support services. The State Department of Developmental Services shall ensure that the regional center performs these functions. (5) The State Department of Developmental Services may decertify any ARFPSHN that does not comply with program requirements. When the State Department of Developmental Services determines that urgent action is necessary to protect clients of the ARFPSHN from physical or mental abuse, abandonment, or any other substantial threat to their health and safety, the State Department of Developmental Services may request the regional center or centers to remove the clients from the ARFPSHN or direct the regional center or centers to obtain alternative services for the consumers within 24 hours. (6) The State Department of Social Services may initiate proceedings for temporary suspension of the license pursuant to Section 1550.5. (7) The State Department of Developmental Services, upon its decertification, shall inform the State Department of Social Services of the licensee’s decertification, with its recommendation concerning revocation of the license, for which the State Department of Social Services may initiate proceedings pursuant to Section 1550. (8) The State Department of Developmental Services and the regional centers shall provide the State Department of Social Services all available documentation and evidentiary support necessary for any enforcement proceedings to suspend the license pursuant to Section 1550.5, to revoke or deny a license pursuant to Section 1551, or to exclude an individual pursuant to Section 1558. (9) The State Department of Social Services Community Care Licensing Division shall enter into a memorandum of understanding with the State Department of Developmental Services to outline a formal protocol to address shared responsibilities, including monitoring responsibilities, complaint investigations, administrative actions, and closures. (10) The licensee shall provide documentation that, in addition to the administrator requirements set forth under paragraph (4) of subdivision (a) of Section 4684.63 of the Welfare and Institutions Code, the administrator, prior to employment, has completed a minimum of 35 hours of initial training in the general laws, regulations and policies and procedural standards applicable to facilities licensed by the State Department of Social Services under Article 2 (commencing with Section 1520). (11) An administrator certificate issued under this section shall expire every two years, on the anniversary date of the initial issuance of the certificate. (12) An administrator certificate issued under this section shall be renewed every two years and renewal shall be conditional upon the certificate holder submitting documentation of completion of 40 hours of continuing education related to the uniform core of knowledge specified in Section 1562.3. No more than one-half of the required 40 hours of continuing education necessary to renew the certificate may be satisfied through self-paced courses. All other continuing education hours shall be completed in an instructional setting conducive to learning in which participants must be able to simultaneously interact with each other as well as with the instructor. For purposes of this section, an individual who is an adult residential facility administrator and who is required to complete the continuing education hours required by the regulations of the State Department of Developmental Services, and approved by the regional center, shall be permitted to have up to 24 hours of the required continuing education course hours credited toward the 40-hour continuing education requirement of this section. Community college course hours approved by the regional centers shall be accepted by the department for certification. (c) The training specified in this section shall be provided by a vendor approved by the State Department of Social Services and the cost of the training shall be borne by the administrator or licensee. (d) This article shall only be implemented to the extent that funds are made available through an appropriation in the annual Budget Act. (Amended by Stats. 2023, Ch. 43, Sec. 22. (AB 120) Effective July 10, 2023.)
1567.51.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9. Residential Facilities for Persons with Special Health Care Needs: Licensing [1567.50 - 1567.51] ( Heading of Article 9 amended by Stats. 2021, Ch. 76, Sec. 12. )
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This section sets up licensing and oversight rules for Group Homes for Children with Special Health Care Needs.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9. Residential Facilities for Persons with Special Health Care Needs: Licensing [1567.50 - 1567.51] ( Heading of Article 9 amended by Stats. 2021, Ch. 76, Sec. 12. ) ## 1567.51. (a) Notwithstanding that a community care facility means a place that provides nonmedical care under subdivision (a) of Section 1502, pursuant to Article 3.5 (commencing with Section 4684.50) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, the department shall jointly implement with the State Department of Developmental Services a licensing program to provide special health care and intensive support services to children in homelike community settings. (b) The State Department of Social Services may license, subject to the following conditions, a Group Home for Children with Special Health Care Needs (GHCSHN) to provide 24-hour services to up to five children with developmental disabilities who have special health care and intensive support needs, as defined in subdivisions (f) and (h) of Section 4684.50 of the Welfare and Institutions Code. (1) The State Department of Developmental Services shall be responsible for granting the certificate of program approval for a GHCSHN. The State Department of Social Services shall not issue a license unless the applicant has obtained a certification of program approval from the State Department of Developmental Services. (2) The State Department of Social Services shall ensure that the GHCSHN meets the administration requirements under Article 2 (commencing with Section 1520) including, but not limited to, requirements relating to fingerprinting and criminal records under Section 1522. (3) The State Department of Social Services shall administer employee actions under Article 5.5 (commencing with Section 1558). (4) The regional center shall monitor and enforce compliance of the program and health and safety requirements, including monitoring and evaluating the quality of care and intensive support services. The State Department of Developmental Services shall ensure that the regional center performs these functions. (5) The State Department of Developmental Services may decertify any GHCSHN that does not comply with program requirements. If the State Department of Developmental Services determines that urgent action is necessary to protect clients of the GHCSHN from physical or mental abuse, abandonment, or any other substantial threat to their health and safety, the State Department of Developmental Services may request the regional center or centers to remove the clients from the GHCSHN or direct the regional center or centers to obtain alternative services for the consumers within 24 hours. (6) The State Department of Social Services may initiate proceedings for temporary suspension of the license pursuant to Section 1550.5. (7) The State Department of Developmental Services, upon its decertification, shall inform the State Department of Social Services of the licensee’s decertification, with its recommendation concerning revocation of the license, for which the State Department of Social Services may initiate proceedings pursuant to Section 1550. (8) The State Department of Developmental Services and the regional centers shall provide the State Department of Social Services all available documentation and evidentiary support necessary for any enforcement proceedings to suspend the license pursuant to Section 1550.5, to revoke or deny a license pursuant to Section 1551, or to exclude an individual pursuant to Section 1558. (9) The State Department of Social Services Community Care Licensing Division may enter into a memorandum of understanding with the State Department of Developmental Services to outline a formal protocol to address shared responsibilities, including monitoring responsibilities, complaint investigations, administrative actions, and closures. (10) The licensee of a GHCSHN shall provide documentation that, in addition to the administrator requirements set forth under paragraph (5) of subdivision (a) of Section 4684.63 of the Welfare and Institutions Code, the administrator of a GHCSHN, prior to employment, has completed a minimum of 40 hours of initial training in the general laws, regulations and policies and procedural standards applicable to facilities licensed by the State Department of Social Services under Article 2 (commencing with Section 1520). Thereafter, the licensee shall provide documentation every two years that the administrator has completed 40 hours of continuing education in the general laws, regulations and policies and procedural standards applicable to group homes. The training specified in this section shall be provided by a vendor approved by the State Department of Social Services and the cost of the training shall be borne by the administrator or licensee. (11) Section 1507.35 shall apply to a GHCSHN that allows a client who has been diagnosed as terminally ill by their physician or surgeon to remain in the facility, or allows a client who has been diagnosed as terminally ill by their physician or surgeon to be placed in the facility. (c) (1) Notwithstanding paragraph (2) of subdivision (c) of Section 4684.53 of the Welfare and Institutions Code, the State Department of Social Services and the State Department of Developmental Services may adopt regulations to implement this section. (2) (A) The State Department of Social Services and the State Department of Developmental Services may adopt emergency regulations to implement this section. The departments may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, emergency regulations previously adopted under this section. (B) The initial adoption of regulations pursuant to this section and one readoption of emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State, and each shall remain in effect for no more than 180 days, by which time final regulations shall be adopted. (Added by Stats. 2021, Ch. 76, Sec. 13. (AB 136) Effective July 16, 2021.)
1567.61.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.5. Enhanced Behavioral Supports Homes [1567.61 - 1567.69] ( Article 9.5 added by Stats. 2014, Ch. 30, Sec. 6. )
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This section defines key terms used in the article, including “consumer” or “client,” “individual behavior supports plan,” and “individual behavior supports team.”

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.5. Enhanced Behavioral Supports Homes [1567.61 - 1567.69] ( Article 9.5 added by Stats. 2014, Ch. 30, Sec. 6. ) ## 1567.61. As used in this article the following terms apply: (a) “Consumer” or “client” means an individual who has been determined by a regional center to meet the eligibility criteria of Section 4512 of the Welfare and Institutions Code and applicable regulations and for whom the regional center has accepted responsibility. (b) “Individual behavior supports plan” means the plan that identifies and documents the behavior and intensive support and service needs of a consumer and details the strategies to be employed and services to be provided to address those needs, and includes the entity responsible for providing those services and timelines for when each identified individual behavior support will commence. (c) “Individual behavior supports team” means those individuals who develop, monitor, and revise the individual behavior supports plan for consumers residing in an enhanced behavioral supports home, pursuant to subdivision (d) of Section 4684.80 of the Welfare and Institutions Code. (Added by Stats. 2014, Ch. 30, Sec. 6. (SB 856) Effective June 20, 2014.)
1567.62.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.5. Enhanced Behavioral Supports Homes [1567.61 - 1567.69] ( Article 9.5 added by Stats. 2014, Ch. 30, Sec. 6. )
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Enhanced behavioral supports homes must be licensed and certified, and they cannot be licensed by Social Services until Developmental Services approval is received.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.5. Enhanced Behavioral Supports Homes [1567.61 - 1567.69] ( Article 9.5 added by Stats. 2014, Ch. 30, Sec. 6. ) ## 1567.62. (a) Each enhanced behavioral supports home shall be licensed as an adult residential facility or a group home and certified by the State Department of Developmental Services. (b) A certificate of program approval issued by the State Department of Developmental Services shall be a condition of licensure for the enhanced behavioral supports home by the State Department of Social Services. (c) An enhanced behavioral supports home shall not be licensed by the State Department of Social Services until the certificate of program approval, granted by the State Department of Developmental Services, has been received. (d) Placements of dual agency clients into enhanced behavioral supports homes that are licensed as group homes shall be subject to the limitations on the duration of the placement set forth in Sections 319.2 and 319.3 of, and subparagraphs (A) and (B) of paragraph (9) of subdivision (e) of Section 361.2 of, the Welfare and Institutions Code. (e) For the purpose of this article, dual agency clients are foster children in temporary custody of the child welfare agency under Section 319 of the Welfare and Institutions Code or under the jurisdiction of the juvenile court pursuant to Section 300, 450, 601, or 602 of the Welfare and Institutions Code who are also either a consumer of regional center services, or who are receiving services under the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code), but who are under three years of age and have not yet been determined to have a developmental disability. (f) The State Department of Social Services is not responsible for any of the following: (1) Developing and approving a consumer’s individual behavior supports plan in conjunction with the consumer’s individual behavior supports team. (2) (A) Oversight of any services that may be provided by a licensed health professional or licensed mental health professional to a consumer. (B) Services provided by a licensed health or licensed mental health professional means services that may only be provided under the authority of the licensed health service provider’s or licensed mental health service provider’s professional license. (g) Subdivision (f) does not limit the State Department of Social Services’ ability to enforce Chapter 3 (commencing with Section 1500), and applicable regulations. (Amended by Stats. 2019, Ch. 28, Sec. 2. (SB 81) Effective June 27, 2019.)
1567.63.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.5. Enhanced Behavioral Supports Homes [1567.61 - 1567.69] ( Article 9.5 added by Stats. 2014, Ch. 30, Sec. 6. )
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A license applicant must submit a facility program plan for approval and get the plan of operation approved before licensure.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.5. Enhanced Behavioral Supports Homes [1567.61 - 1567.69] ( Article 9.5 added by Stats. 2014, Ch. 30, Sec. 6. ) ## 1567.63. The license applicant shall submit a facility program plan to the State Department of Developmental Services for approval and submit the approved plan to the State Department of Social Services as part of the facility plan of operation. The plan of operation shall be approved by the State Department of Social Services prior to licensure. (Added by Stats. 2014, Ch. 30, Sec. 6. (SB 856) Effective June 20, 2014.)
1567.64.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.5. Enhanced Behavioral Supports Homes [1567.61 - 1567.69] ( Article 9.5 added by Stats. 2014, Ch. 30, Sec. 6. )
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The State Department of Social Services must adopt regulations covering staffing structure, staff qualifications, and training, including at least 16 hours of emergency intervention training.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.5. Enhanced Behavioral Supports Homes [1567.61 - 1567.69] ( Article 9.5 added by Stats. 2014, Ch. 30, Sec. 6. ) ## 1567.64. The State Department of Social Services shall adopt regulations to address, at a minimum, staffing structure, staff qualifications, and training. Training requirements shall include a minimum of 16 hours of emergency intervention training. “Emergency intervention training” means the techniques the licensee will use to prevent injury to, and maintain safety for, consumers who are a danger to themselves or others and shall emphasize positive behavioral supports and techniques that are alternatives to physical restraints. (Added by Stats. 2014, Ch. 30, Sec. 6. (SB 856) Effective June 20, 2014.)
1567.65.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.5. Enhanced Behavioral Supports Homes [1567.61 - 1567.69] ( Article 9.5 added by Stats. 2014, Ch. 30, Sec. 6. )
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If urgent protection is needed for a consumer in an enhanced behavioral supports home, Social Services must notify Developmental Services, which may ask the regional center to act within 24 hours.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.5. Enhanced Behavioral Supports Homes [1567.61 - 1567.69] ( Article 9.5 added by Stats. 2014, Ch. 30, Sec. 6. ) ## 1567.65. If the State Department of Social Services determines that urgent action is necessary to protect a consumer residing in an enhanced behavioral supports home from physical or mental abuse, abandonment, or any other substantial threat to their health and safety, the State Department of Social Services shall notify the State Department of Developmental Services. The State Department of Developmental Services may request that the regional center or centers take action within 24 hours, which may include, as appropriate, the removal of a consumer from the enhanced behavioral supports home or obtaining alternative or additional services. When possible, an individual program plan (IPP) meeting shall be convened to determine the appropriate action pursuant to this section. In any case, an IPP meeting shall be convened within 30 days following an action pursuant to this section. (Added by Stats. 2014, Ch. 30, Sec. 6. (SB 856) Effective June 20, 2014.)
1567.66.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.5. Enhanced Behavioral Supports Homes [1567.61 - 1567.69] ( Article 9.5 added by Stats. 2014, Ch. 30, Sec. 6. )
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An enhanced behavioral supports home that uses secured perimeters must comply with Section 1531.15 and applicable regulations.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.5. Enhanced Behavioral Supports Homes [1567.61 - 1567.69] ( Article 9.5 added by Stats. 2014, Ch. 30, Sec. 6. ) ## 1567.66. An enhanced behavioral supports home employing secured perimeters shall comply with Section 1531.15 and applicable regulations. (Added by Stats. 2014, Ch. 30, Sec. 6. (SB 856) Effective June 20, 2014.)
1567.67.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.5. Enhanced Behavioral Supports Homes [1567.61 - 1567.69] ( Article 9.5 added by Stats. 2014, Ch. 30, Sec. 6. )
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The social services department must revoke an enhanced behavioral supports home facility license if the developmental services department has decertified the program certification.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.5. Enhanced Behavioral Supports Homes [1567.61 - 1567.69] ( Article 9.5 added by Stats. 2014, Ch. 30, Sec. 6. ) ## 1567.67. (a) The State Department of Social Services shall revoke the enhanced behavioral supports home’s facility license if the State Department of Developmental Services has decertified an enhanced behavioral supports home program certification pursuant to Article 3.6 (commencing with Section 4684.80) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code. (b) The State Department of Developmental Services and regional centers shall, for purposes of assisting in licensing, provide the State Department of Social Services with all available documentation and evidentiary support that was submitted to the State Department of Developmental Services in connection with certification by an applicant for licensure under this article. (Added by Stats. 2014, Ch. 30, Sec. 6. (SB 856) Effective June 20, 2014.)
1567.68.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.5. Enhanced Behavioral Supports Homes [1567.61 - 1567.69] ( Article 9.5 added by Stats. 2014, Ch. 30, Sec. 6. )
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Emergency regulations must be published before a license is issued under this article, and the director may adopt emergency regulations to implement it.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.5. Enhanced Behavioral Supports Homes [1567.61 - 1567.69] ( Article 9.5 added by Stats. 2014, Ch. 30, Sec. 6. ) ## 1567.68. (a) A license shall not be issued pursuant to this article before emergency regulations for this article filed by the State Department of Developmental Services have been published. (b) Emergency regulations to implement this article may be adopted by the director of the State Department of Social Services in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). These regulations shall be developed in consultation with system stakeholders. The initial adoption of the emergency regulations and one readoption of the initial regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the first readoption of those emergency regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days. (c) The adoption, initial amendment, repeal, or readoption of a regulation authorized by this section is deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the State Department of Social Services is hereby exempted from the requirement that it describe specific facts showing the need for immediate action. A certificate of compliance for these implementing regulations shall be filed within 24 months following the adoption of the first emergency regulations filed pursuant to this section. The emergency regulations may be readopted and remain in effect until approval of the certificate of compliance. (Added by Stats. 2014, Ch. 30, Sec. 6. (SB 856) Effective June 20, 2014.)
1567.69.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.5. Enhanced Behavioral Supports Homes [1567.61 - 1567.69] ( Article 9.5 added by Stats. 2014, Ch. 30, Sec. 6. )
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This section says the article does not limit the State Department of Social Services’ authority to temporarily suspend or revoke an enhanced behavioral supports home license under Section 1550.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.5. Enhanced Behavioral Supports Homes [1567.61 - 1567.69] ( Article 9.5 added by Stats. 2014, Ch. 30, Sec. 6. ) ## 1567.69. This article does not interfere with the authority of the State Department of Social Services to temporarily suspend or revoke the license of an enhanced behavioral supports home pursuant to Section 1550. (Amended by Stats. 2015, Ch. 303, Sec. 277. (AB 731) Effective January 1, 2016.)
1567.7.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 8. Community Care Facilities for Wards of the Juvenile Court [1567 - 1567.8] ( Article 8 added by Stats. 1978, Ch. 889. )
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This article does not apply to existing juvenile court community care facilities that already received city or county zoning approval before the article took effect.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 8. Community Care Facilities for Wards of the Juvenile Court [1567 - 1567.8] ( Article 8 added by Stats. 1978, Ch. 889. ) ## 1567.7. This article shall not apply to existing community care facilities for wards of the juvenile court which have received city or county zoning approval prior to the effective date of this article. (Added by Stats. 1978, Ch. 889.)
1567.8.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 8. Community Care Facilities for Wards of the Juvenile Court [1567 - 1567.8] ( Article 8 added by Stats. 1978, Ch. 889. )
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Small juvenile-court community care facilities with six or fewer persons are exempt from certain business and local fees, and fire inspection enforcement fees may not be charged to them.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 8. Community Care Facilities for Wards of the Juvenile Court [1567 - 1567.8] ( Article 8 added by Stats. 1978, Ch. 889. ) ## 1567.8. A community care facility for wards of the juvenile court, which serves six or fewer persons shall not be subject to any business taxes, local registration fees, use permit fees, or other fees to which other single family dwellings are not likewise subject. Nothing in this section shall be construed to forbid the imposition of local property taxes, fees for water service and garbage collection, fees for inspections not prohibited by Section 1567.9, local bond assessments, and other fees, charges, and assessments to which other single family dwellings are likewise subject. Neither the State Fire Marshal nor any local public entity shall charge any fee for enforcing fire inspection regulations pursuant to state law or regulation or local ordinance, with respect to community care facilities for wards of the juvenile court which serve six or fewer persons. (Added by Stats. 1978, Ch. 889.)
1567.80.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.7. Community Crisis Home Licensure [1567.80 - 1567.87] ( Article 9.7 added by Stats. 2014, Ch. 30, Sec. 7. )
Verify source ↗

This section defines “consumer” or “client” and defines “individual behavior support plan” for this article.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.7. Community Crisis Home Licensure [1567.80 - 1567.87] ( Article 9.7 added by Stats. 2014, Ch. 30, Sec. 7. ) ## 1567.80. For the purposes of this article, the following definitions apply: (a) “Consumer” or “client” means an individual who has been determined by a regional center to meet the eligibility criteria of Section 4512 of the Welfare and Institutions Code and applicable regulations, and for whom the regional center has accepted responsibility. (b) “Individual behavior support plan” means the plan that identifies and documents the behavioral and intensive support and service needs of a consumer and details the strategies to be employed, and services to be provided, to address those needs, and includes the entity responsible for providing those services and timelines for when each identified individual behavioral support will commence. (Added by Stats. 2014, Ch. 30, Sec. 7. (SB 856) Effective June 20, 2014.)
1567.81.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.7. Community Crisis Home Licensure [1567.80 - 1567.87] ( Article 9.7 added by Stats. 2014, Ch. 30, Sec. 7. )
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Community crisis homes must be licensed and certified, and they cannot be licensed by Social Services until the required program-approval certificate is received.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.7. Community Crisis Home Licensure [1567.80 - 1567.87] ( Article 9.7 added by Stats. 2014, Ch. 30, Sec. 7. ) ## 1567.81. (a) (1) Each community crisis home shall be licensed as an adult residential facility or a group home, pursuant to this article, and certified by the State Department of Developmental Services, pursuant to Article 8 (commencing with Section 4698) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code. (2) Notwithstanding whether a community crisis home is licensed for more than six consumers, subdivisions (a) and (b) of Section 1524.5 shall apply. (b) A certificate of program approval issued by the State Department of Developmental Services, pursuant to Article 8 (commencing with Section 4698) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, shall be a condition of licensure for the community crisis home by the State Department of Social Services. (c) A community crisis home shall not be licensed by the State Department of Social Services until the certificate of program approval, issued by the State Department of Developmental Services, has been received. (d) Placements of dual agency clients into community crisis homes that are licensed as group homes shall be subject to the placement duration limitations described in Sections 319.2 and 319.3 of, and subparagraphs (A) and (B) of paragraph (9) of subdivision (e) of Section 361.2 of, the Welfare and Institutions Code. (e) For the purpose of this article, dual agency clients are foster children in temporary custody of the child welfare agency under Section 319 of the Welfare and Institutions Code or under the jurisdiction of the juvenile court pursuant to Section 300, 450, 601, or 602 of the Welfare and Institutions Code who are also either a consumer of regional center services, or who are receiving services under the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code), but who are under three years of age and have not yet been determined to have a developmental disability. (f) The State Department of Social Services shall not be responsible for any of the following: (1) Developing and approving a consumer’s individual behavior support plan in conjunction with the consumer’s individual behavior support team. (2) Oversight of any services that may be provided by a licensed health or licensed mental health professional to a consumer. “Services provided by a licensed health or licensed mental health professional” means services that may only be provided under the authority of the licensed health or licensed mental health service provider’s professional license. (g) Subdivision (f) does not limit the State Department of Social Services’ ability to enforce this chapter and applicable regulations. (Amended by Stats. 2019, Ch. 28, Sec. 4. (SB 81) Effective June 27, 2019.)
1567.82.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.7. Community Crisis Home Licensure [1567.80 - 1567.87] ( Article 9.7 added by Stats. 2014, Ch. 30, Sec. 7. )
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The State Department of Social Services’ regulations must cover staffing structure, staff qualifications, and training, and must include at least 16 hours of emergency intervention training.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.7. Community Crisis Home Licensure [1567.80 - 1567.87] ( Article 9.7 added by Stats. 2014, Ch. 30, Sec. 7. ) ## 1567.82. The State Department of Social Services’ regulations shall address at least both of the following: (a) Staffing structure, staff qualifications, and training. (b) Training requirements shall include a minimum of 16 hours of emergency intervention training. “Emergency intervention training” shall include the techniques the licensee will use to prevent injury and maintain safety regarding consumers who are a danger to self or others and shall emphasize positive behavioral supports and techniques that are alternatives to physical restraints. (Added by Stats. 2014, Ch. 30, Sec. 7. (SB 856) Effective June 20, 2014.)
1567.83.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.7. Community Crisis Home Licensure [1567.80 - 1567.87] ( Article 9.7 added by Stats. 2014, Ch. 30, Sec. 7. )
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If urgent action is needed to protect consumers in a community crisis home, the State Department of Social Services must notify the State Department of Developmental Services, which may ask regional centers to act within 24 hours.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.7. Community Crisis Home Licensure [1567.80 - 1567.87] ( Article 9.7 added by Stats. 2014, Ch. 30, Sec. 7. ) ## 1567.83. (a) When the State Department of Social Services determines that urgent action is necessary to protect consumers residing in a community crisis home from physical or mental abuse, abandonment, or any other substantial threat to their health and safety, the State Department of Social Services shall notify the State Department of Developmental Services. The State Department of Developmental Services may request that the regional center or centers take action within 24 hours, which may include, as appropriate, the removal of a consumer from the community crisis home or obtaining alternative or additional services. When possible, an individual program plan (IPP) meeting shall be convened to determine the appropriate action pursuant to this section. In any case, an IPP meeting shall be convened within 30 days following an action pursuant to this section. (b) Nothing in this article shall interfere with the authority of the State Department of Social Services to temporarily suspend or revoke the license of a community crisis home pursuant to Section 1550. (Added by Stats. 2014, Ch. 30, Sec. 7. (SB 856) Effective June 20, 2014.)
1567.84.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.7. Community Crisis Home Licensure [1567.80 - 1567.87] ( Article 9.7 added by Stats. 2014, Ch. 30, Sec. 7. )
Verify source ↗

The licensee must submit an approved facility program plan to the State Department of Social Services, and the plan of operation must be approved before licensure.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.7. Community Crisis Home Licensure [1567.80 - 1567.87] ( Article 9.7 added by Stats. 2014, Ch. 30, Sec. 7. ) ## 1567.84. The licensee shall submit the facility program plan approved by the State Department of Developmental Services, pursuant to Section 4698 of the Welfare and Institutions Code, to the State Department of Social Services as part of the facility plan of operation. The plan of operation shall be approved by the State Department of Social Services prior to licensure. (Added by Stats. 2014, Ch. 30, Sec. 7. (SB 856) Effective June 20, 2014.)
1567.85.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.7. Community Crisis Home Licensure [1567.80 - 1567.87] ( Article 9.7 added by Stats. 2014, Ch. 30, Sec. 7. )
Verify source ↗

If applicable, a community crisis home must comply with Section 1531.15 and the applicable regulations.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.7. Community Crisis Home Licensure [1567.80 - 1567.87] ( Article 9.7 added by Stats. 2014, Ch. 30, Sec. 7. ) ## 1567.85. If applicable, a community crisis home shall be in compliance with Section 1531.15 and the applicable regulations. (Added by Stats. 2014, Ch. 30, Sec. 7. (SB 856) Effective June 20, 2014.)
1567.86.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.7. Community Crisis Home Licensure [1567.80 - 1567.87] ( Article 9.7 added by Stats. 2014, Ch. 30, Sec. 7. )
Verify source ↗

Social Services must revoke a community crisis home’s facility license if Developmental Services has rescinded the home’s certificate of program approval.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.7. Community Crisis Home Licensure [1567.80 - 1567.87] ( Article 9.7 added by Stats. 2014, Ch. 30, Sec. 7. ) ## 1567.86. (a) The State Department of Social Services shall revoke the community crisis home’s facility license if the State Department of Developmental Services has rescinded a community crisis home’s certificate of program approval. (b) The State Department of Developmental Services and regional centers shall provide the State Department of Social Services all available documentation and evidentiary support necessary for the licensing and administration of community crisis homes and enforcement of this article and the applicable regulations. (Added by Stats. 2014, Ch. 30, Sec. 7. (SB 856) Effective June 20, 2014.)
1567.87.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.7. Community Crisis Home Licensure [1567.80 - 1567.87] ( Article 9.7 added by Stats. 2014, Ch. 30, Sec. 7. )
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Emergency regulations must be in place before a license can be issued under this article, and the Director of Social Services may adopt those regulations under the APA.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.7. Community Crisis Home Licensure [1567.80 - 1567.87] ( Article 9.7 added by Stats. 2014, Ch. 30, Sec. 7. ) ## 1567.87. (a) A license shall not be issued pursuant to this article until the publication in Title 17 of the California Code of Regulations of emergency regulations filed by the State Department of Developmental Services pursuant to Section 4698.1 of the Welfare and Institutions Code. (b) Emergency regulations to implement this article may be adopted by the Director of Social Services in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). These emergency regulations shall be developed in consultation with system stakeholders. The initial adoption of the emergency regulations and one readoption of the initial regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Initial emergency regulations and the first readoption of those emergency regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days. (c) The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the State Department of Social Services is hereby exempted from the requirement that it describe specific facts showing the need for immediate action. A certificate of compliance for these implementing regulations shall be filed within 24 months following the adoption of the first emergency regulations filed pursuant to this section. The emergency regulations may be readopted and remain in effect until approval of the certificate of compliance. (Added by Stats. 2014, Ch. 30, Sec. 7. (SB 856) Effective June 20, 2014.)
1567.90.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.9. Firearms, Ammunition, and Deadly Weapons [1567.90 - 1567.94] ( Article 9.9 added by Stats. 2019, Ch. 840, Sec. 1. )
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A facility is not required to accept, store, or keep firearms or ammunition. The department must issue regulations to carry out the article and may use written directives before those regulations are adopted.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.9. Firearms, Ammunition, and Deadly Weapons [1567.90 - 1567.94] ( Article 9.9 added by Stats. 2019, Ch. 840, Sec. 1. ) ## 1567.90. (a) This article does not require a facility to accept, store, or retain firearms or ammunition. (b) The department shall promulgate regulations to implement this article. (c) Until regulations are adopted, the department may implement and administer the provisions of this article through the issuance of written directives that have the same force and effect as regulations. The directives shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Added by Stats. 2019, Ch. 840, Sec. 1. (SB 172) Effective January 1, 2020.)
1567.91.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.9. Firearms, Ammunition, and Deadly Weapons [1567.90 - 1567.94] ( Article 9.9 added by Stats. 2019, Ch. 840, Sec. 1. )
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This section defines key terms used in the article, including firearm, ammunition, antique firearm, deadly weapon, and facility.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.9. Firearms, Ammunition, and Deadly Weapons [1567.90 - 1567.94] ( Article 9.9 added by Stats. 2019, Ch. 840, Sec. 1. ) ## 1567.91. As used in this article, the following terms have the following meanings: (a) “Firearm” means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion, including the frame or receiver of the device. (b) “Ammunition” means one or more loaded cartridges consisting of a primed case, propellant, and with one or more projectiles. “Ammunition” does not include blanks. (c) “Antique firearm” has the same meaning as set forth, and has the same meaning as, in Section 921(a)(16) of Title 18 of the United States Code. (d) “Deadly weapon” means any of the following: (1) Any weapon, the possession or concealed carrying of which is prohibited by Section 16590 of the Penal Code. (2) A destructive device, as defined in Section 16460 of the Penal Code. (e) “Facility” means a community care facility for adults licensed by the State Department of Social Services, Community Care Licensing Division, except for social rehabilitation facilities and adult day programs. (Added by Stats. 2019, Ch. 840, Sec. 1. (SB 172) Effective January 1, 2020.)
1567.92.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.9. Firearms, Ammunition, and Deadly Weapons [1567.90 - 1567.94] ( Article 9.9 added by Stats. 2019, Ch. 840, Sec. 1. )
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A licensee that allows clients to have firearms on the premises must accept and centrally store firearms and ammunition, and keep them stored in specific secure ways.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.9. Firearms, Ammunition, and Deadly Weapons [1567.90 - 1567.94] ( Article 9.9 added by Stats. 2019, Ch. 840, Sec. 1. ) ## 1567.92. A licensee that permits clients to possess firearms on the facility premises shall do all of the following: (a) Accept and centrally store a client’s firearm, ammunition, or both. (b) Retain and centrally store a licensee’s firearm, ammunition, or both. (c) Clients’ and licensees’ firearms, ammunition, or both shall be centrally stored in the facility and in the following manner: (1) Firearms shall be centrally stored unloaded, in a locked gun safe, that meets the regulatory standards established by the Department of Justice in Section 4100 of Title 11 of the California Code of Regulations. (2) Ammunition shall be centrally stored separately in a locked location different from firearms. (Added by Stats. 2019, Ch. 840, Sec. 1. (SB 172) Effective January 1, 2020.)
1567.93.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.9. Firearms, Ammunition, and Deadly Weapons [1567.90 - 1567.94] ( Article 9.9 added by Stats. 2019, Ch. 840, Sec. 1. )
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A licensee may not accept, keep, or store certain weapons and firearms, with limited exceptions for some registered or exempt firearms and an antique-firearm exception starting July 1, 2021.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.9. Firearms, Ammunition, and Deadly Weapons [1567.90 - 1567.94] ( Article 9.9 added by Stats. 2019, Ch. 840, Sec. 1. ) ## 1567.93. (a) A licensee shall not accept, retain, or store any deadly weapon, as defined in Section 1567.91, of a client or licensee. (b) A licensee shall not accept, retain, or store any of the following firearms owned or possessed by a client or licensee: (1) A firearm regulated pursuant to Chapter 1 (commencing with Section 18710) of Division 5 of Title 2 of Part 6 of the Penal Code. (2) A firearm regulated pursuant to Chapter 2 (commencing with Section 30500) of Division 10 of Title 4 of Part 6 of the Penal Code. (3) A firearm regulated pursuant to Chapter 6 (commencing with Section 32610) of Division 10 of Title 4 of Part 6 of the Penal Code. (4) A firearm regulated pursuant to Article 2 (commencing with Section 33300) of Chapter 8 of Division 10 of Title 4 of Part 6 of the Penal Code. (c) The licensee shall not accept, retain, or store a firearm required to be registered with the Department of Justice pursuant to Section 29180 of the Penal Code unless it verifies it is in fact registered with the Department of Justice pursuant to Section 29180 of the Penal Code. (d) The licensee may accept, retain, or store a firearm that is otherwise required to be registered with the Department of Justice pursuant to Section 29180 of the Penal Code but which is exempt from the registration requirements because it was entered into the centralized registry set forth in Section 11106 of the Penal Code prior to July 1, 2018, as being owned by a specific individual or entity if that firearm has assigned to it a distinguishing number or mark of identification because the department accepted entry of that firearm into the centralized registry. (e) Commencing July 1, 2021, unless it is an antique firearm, the licensee shall not accept, retain, or store a firearm unless the owner of the firearm provides to the licensee documentation that the person is listed with the Department of Justice pursuant to Section 11106 of the Penal Code as the registered owner of that firearm. (Added by Stats. 2019, Ch. 840, Sec. 1. (SB 172) Effective January 1, 2020.)
1567.94.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.9. Firearms, Ammunition, and Deadly Weapons [1567.90 - 1567.94] ( Article 9.9 added by Stats. 2019, Ch. 840, Sec. 1. )
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A licensee may accept, store, or retain a client’s firearm at a facility under this article, and that handling is not treated as a firearm loan, sale, receipt, or transfer under the cited Penal Code sections.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 9.9. Firearms, Ammunition, and Deadly Weapons [1567.90 - 1567.94] ( Article 9.9 added by Stats. 2019, Ch. 840, Sec. 1. ) ## 1567.94. The acceptance or storage of a client’s firearm by a licensee at a facility in accordance with this article, or the retention and storage of a client’s firearm, shall not constitute a loan, sale, receipt, or transfer of a firearm within the meaning of Sections 26500, 27545, or subdivision (a) of Section 31615 of the Penal Code. (Added by Stats. 2019, Ch. 840, Sec. 1. (SB 172) Effective January 1, 2020.)
1568.01.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
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This section defines key terms used in this chapter on residential care facilities for persons with chronic life-threatening illness.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.01. For purposes of this chapter, the following definitions shall apply: (a) “Activities of daily living” means housework, meals, laundry, taking medication, money management, appropriate transportation, correspondence, telephoning, dressing, feeding, toileting, bathing, grooming, mobility, and related tasks. (b) “Care and supervision” means ongoing assistance with activities of daily living without which a resident’s physical health, mental health, safety, or welfare would be endangered. (c) “Chronic, life-threatening illness” means HIV disease or AIDS. (d) “Department” means the State Department of Social Services. (e) “Director” means the Director of Social Services. (f) “Family dwelling” includes, but is not limited to, single-family dwellings, units in multifamily dwellings, including units in duplexes and units in apartment dwellings, mobilehomes, including mobilehomes located in mobilehome parks, units in cooperatives, units in condominiums, units in townhouses, and units in planned unit developments. (g) “Family unit” means at least one parent or guardian and one or more of that parent or guardian’s children. For purposes of this chapter, each family unit shall include at least one adult with HIV disease or AIDS, at least one child with HIV or AIDS, or both. (h) “Fund” means the Residential Care Facilities for Persons with Chronic Life-Threatening Illness Fund created by subdivision (c) of Section 1568.05. (i) “Placement agency” means any state agency, county agency, or private agency which receives public funds, in part, to identify housing options for persons with chronic, life-threatening illness and refers these persons to housing. (j) “Residential care facility” means a residential care facility for persons with chronic, life-threatening illness who are 18 years of age or older or are emancipated minors, and for family units. (k) “Six or fewer persons” does not include the licensee or members of the licensee’s family or persons employed as facility staff. (l) “Terminal disease” or “terminal illness” means a medical condition resulting from a prognosis of a life expectancy of one year or less, if the disease follows its normal course. (Amended by Stats. 2004, Ch. 121, Sec. 1. Effective January 1, 2005.)
1568.02.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
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This section requires the department to license these facilities separately and requires licensees to provide specified resident services and application showings.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.02. (a) (1) The department shall license residential care facilities for persons with chronic, life-threatening illness under a separate category. (2) A residential care facility for persons with chronic, life-threatening illness may allow a person who has been diagnosed by his or her physician or surgeon as terminally ill, as defined in subdivision (l) of Section 1568.01, to become a resident of the facility if the person receives hospice services from a hospice certified in accordance with federal Medicare conditions of participation and is licensed pursuant to Chapter 8 (commencing with Section 1725) or Chapter 8.5 (commencing with Section 1745). (b) The licensee of every facility required to be licensed pursuant to this chapter shall provide the following basic services for each resident: (1) Room and board. No more than two residents shall share a bedroom, except that the director, in his or her discretion, may waive this limitation. (2) Access to adequate common areas, including recreation areas and shared kitchen space with adequate refrigerator space for the storage of medications. (3) Consultation with a nutritionist, including consultation on cultural dietary needs. (4) Personal care services, as needed, including, but not limited to, activities of daily living. A facility may have a written agreement with another agency to provide personal care services, except that the facility shall be responsible for meeting the personal care needs of each resident. (5) Access to case management for social services. A facility may have a written agreement with another agency to provide case management. (6) Development, implementation, and monitoring of an individual services plan. All health services components of the plan shall be developed and monitored in coordination with the home health agency or hospice agency and shall reflect the elements of the resident’s plan of treatment developed by the home health agency or hospice agency. (7) Intake and discharge procedures, including referral to outplacement resources. (8) Access to psychosocial support services. (9) Access to community-based and county services system. (10) Access to a social and emotional support network of the resident’s own choosing, within the context of reasonable visitation rules established by the facility. (11) Access to intermittent home health care services in accordance with paragraph (1) of subdivision (c). (12) Access to substance abuse services in accordance with paragraph (3) of subdivision (c). (13) Adequate securable storage space for personal items. (c) The licensee of every facility required to be licensed pursuant to this chapter shall demonstrate, at the time of application, all of the following: (1) Written agreement with a licensed home health agency or hospice agency. Resident information may be shared between the home health agency or hospice agency and the residential care facility for a person with a chronic, life-threatening illness relative to the resident’s medical condition and the care and treatment provided to the resident by the home health agency or hospice agency, including, but not limited to, medical information, as defined by the Confidentiality of Medical Information Act, Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code. Any regulations, policies, or procedures related to sharing resident information and development of protocols, established by the department pursuant to this section, shall be developed in consultation with the State Department of Health Care Services and persons representing home health agencies, hospice agencies, and residential care facilities for persons with chronic, life-threatening illness. (2) Written agreement with a psychosocial services agency, unless the services are provided by the facility’s professional staff. (3) Written agreement with a substance abuse agency, unless the services are provided by the facility’s professional staff. (4) Ability to provide linguistic services for residents who do not speak English. (5) Ability to provide culturally appropriate services. (6) Ability to reasonably accommodate residents with physical disabilities, including, but not limited to, residents with motor impairments, physical access to areas of the facility used by residents, and access to interpreters for deaf or hard-of-hearing residents. (7) Written nondiscrimination policy, which shall be posted in a conspicuous place in the facility. (8) Written policy on drug and alcohol use, including, but not limited to, a prohibition on the use of illegal substances. (d) A facility licensed pursuant to this chapter that intends to serve a specific population, such as women, family units, minority and ethnic populations, or homosexual men or women, shall demonstrate, at the time of application, the ability and resources to provide services that are appropriate to the targeted population. (e) A facility licensed pursuant to this chapter shall not house more than 25 residents, except that the director may authorize a facility to house up to 50 residents. (f) If the administrator is responsible for more than two facilities, the facility manager shall meet the qualifications of both the administrator and the facility manager, as described in Sections 87864 and 87864.1 of Title 22 of the California Code of Regulations. (g) Each licensee shall employ additional personnel as necessary to meet the needs of the residents and comply with the requirements of this chapter and the regulations adopted by the department pursuant to this chapter. On-call personnel shall be able to be on the facility premises within 30 minutes of the receipt of a telephone call. (Amended by Stats. 2016, Ch. 94, Sec. 18. (AB 1709) Effective January 1, 2017.)
1568.021.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
Verify source ↗

If a residential care facility applicant or licensee handles resident money, they must keep a qualifying bond on file with the department; small-volume handling is exempt, and the director may grant a variance in limited cases.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.021. (a) If the applicant for a license for a residential care facility handles or will handle any money of a resident of the facility, the applicant or licensee shall file or have on file with the department a bond issued by a surety company admitted to do business in this state in a sum to be fixed by the department based upon the magnitude of the operations of the applicant or licensee, but which sum shall not be less than one thousand dollars ($1,000), running to the State of California and conditioned upon his or her faithful and honest handling of the money of residents of the facility. (b) The failure of any licensee under this chapter to maintain on file with the department a bond in the amount prescribed by the department or the embezzlement by a licensee of trust funds of a resident of the facility shall constitute cause for the revocation of the license. (c) This section shall not apply if the licensee handles moneys of residents of the facility in amounts less than fifty dollars ($50) per person and less than five hundred dollars ($500) for all persons in any month. (d) The director may grant a partial or total variance from the requirements of this section if the director finds that compliance with them is so onerous that a residential care facility will cease to operate, and if the director also finds that money of the residents received or cared for in the facility has been, or will be, deposited in a bank in this state, in a trust company authorized to transact a trust business in this state, or in a savings and loan association in this state, upon condition that the money may not be withdrawn except on authorization of the person or a representative who is legally authorized to make financial decisions on behalf of the person. (Amended by Stats. 1992, Ch. 1315, Sec. 11. Effective January 1, 1993.)
1568.023.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
Verify source ↗

Applicants and licensees for these residential care facilities must keep an email address on file with the department and report any change in writing within 10 business days.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.023. An applicant or licensee for a residential care facility licensed pursuant to this chapter shall maintain an email address of record with the department. The applicant or licensee shall notify the department, in writing, of the email address and of any change to the email address within 10 business days of the change. (Added by Stats. 2020, Ch. 146, Sec. 5. (AB 2377) Effective January 1, 2021.)
1568.03.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
Verify source ↗

A residential care facility must be licensed, and facilities may not accept or keep residents needing care above what the facility is authorized to provide.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.03. (a) No person, firm, partnership, association, or corporation within the state and no state or local public agency shall operate, establish, manage, conduct, or maintain a residential care facility in this state without first obtaining and maintaining a valid license therefor, as provided in this chapter. (b) A facility may accept or retain residents requiring varying levels of care. However, a facility shall not accept or retain residents who require a higher level of care than the facility is authorized to provide. Persons who require 24-hour skilled nursing intervention shall not be appropriate for a residential care facility. (c) This chapter shall not apply to the following: (1) Any health facility, as defined in Section 1250. (2) Any clinic, as defined in Section 1200. (3) Any arrangement for the receiving and care of persons with chronic, life-threatening illness by a relative, guardian or conservator, significant other, or close friend; or any arrangement for the receiving and care of persons with chronic, life-threatening illness from only one family as respite for the relative, guardian or conservator, significant other, or close friend, if the arrangement is not for financial profit and occurs only occasionally and irregularly, as defined by regulations of the department. (4) (A) Any house, institution, hotel, foster home, shared housing project, or other similar facility that is limited to providing any of the following: housing, meals, transportation, housekeeping, recreational and social activities, the enforcement of house rules, counseling on activities of daily living, and service referrals, as long as both of the following conditions are met: (i) After any referral, all residents thereof independently obtain care and supervision and medical services without the assistance of the facility or of any person or entity with an organizational or financial connection with that facility. (ii) No resident thereof has an unmet need for care and supervision or protective supervision. A memorandum of understanding between the facility and any service agency to which it refers residents does not necessarily itself constitute an agreement for care and supervision of the resident. (B) In determining the applicability of this paragraph, the department shall determine the residents’ need for care and supervision, if any, and shall identify the persons or entities providing or assisting in the provision of care and supervision. This paragraph shall apply only if the department determines that the care and supervision needs of all residents are being independently met. (5) (A) (i) Any housing occupied by elderly or disabled persons, or both, that is approved and operated pursuant to Section 202 of Public Law 86-372 (12 U.S.C. Sec. 1701q), or Section 811 of Public Law 101-625 (42 U.S.C. Sec. 8013), or whose mortgage is insured pursuant to Section 236 of Public Law 90-448 (12 U.S.C. Sec. 1715z), or that receives mortgage assistance pursuant to Section 221d (3) of Public Law 87-70 (12 U.S.C. Sec. 1751l), where supportive services are made available to residents at their option, as long as the project owner or operator does not contract for or provide the supportive services. (ii) Any housing that qualifies for a low-income housing credit pursuant to Section 252 of Public Law 99-514 (26 U.S.C. Sec. 42) or that is subject to the requirements for rental dwellings for low-income families pursuant to Section 8 of Public Law 93-383 (42 U.S.C. Sec. 1437f), and that is occupied by elderly or disabled persons, or both, where supportive services are made available to residents at their option, as long as the project owner or operator does not contract for or provide the supportive services. (B) The project owner or operator to which subparagraph (A) applies may coordinate, or help residents gain access to, the supportive services, either directly or through a service coordinator. (6) Any similar facility determined by the director. (d) A holder of a residential care facility license may hold or obtain an additional license or a child day care facility license, as long as the services required by each license are provided at separate locations or distinctly separate sections of the building. (e) The director may bring an action to enjoin the violation or threatened violation of this section in the superior court in and for the county in which the violation occurred or is about to occur. Any proceeding under this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of adequate remedy at law or irreparable damage or loss. The court shall, if it finds the allegations to be true, issue its order enjoining continuance of the violation. (Amended by Stats. 2010, Ch. 328, Sec. 123. (SB 1330) Effective January 1, 2011.)
1568.04.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
Verify source ↗

Applicants for a residential care facility license must file an application with the department and include required disclosures and evidence.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.04. Any person desiring issuance of a license for a residential care facility under this chapter shall file with the department, pursuant to regulations adopted by the department, an application. The application shall be provided on a form furnished by the department, and shall include, but not be limited to, all of the following: (a) Evidence satisfactory to the department of all of the following: (1) The ability of the applicant to comply with this chapter and of rules and regulations adopted pursuant to this chapter by the department. (2) The applicant has sufficient financial resources to maintain the standards of service required by regulations adopted pursuant to this chapter. (3) Following the department’s adoption of regulations specifying the levels of care to be provided under this chapter, the applicant’s ability to meet regulatory requirements for the level of care the facility intends to provide. (4) Compliance or ability to comply with Section 1568.02. (b) Disclosure of the applicant’s prior or present service as an administrator, general partner, corporate officer or director of, or as a person who has held or holds a beneficial ownership of 10 percent or more in, any residential care facility or in any clinic or facility licensed pursuant to Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with Section 1250), or Chapter 3 (commencing with Section 1500). (c) Disclosure of any revocation or other disciplinary action taken, or in the process of being taken, against a license held or previously held by the entities specified in subdivision (b). (d) Any other information as may be required by the department for the proper administration and enforcement of this chapter. (e) A signed statement that the person desiring issuance of a license has read this chapter and the regulations adopted pursuant to this chapter and understands the statute and regulations applicable to a residential care facility. (Amended by Stats. 1992, Ch. 1315, Sec. 12. Effective January 1, 1993.)
1568.041.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
Verify source ↗

The department must assign regional staff for license application and monitoring, and ensure they receive periodic HIV-related training.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.041. (a) The department shall designate at least one person in each region to be responsible for all activities pertaining to license application as well as prescribed monitoring of licensees. In those regions which have a concentration of licensees, the department shall make every effort to identify at least one person in each district office whose sole responsibility will be for facilities licensed pursuant to this chapter. (b) The department shall ensure that those personnel identified in subdivision (a) receive periodic training regarding the most recent developments in the HIV epidemic and the care and supervision of people with HIV disease. (Added by Stats. 1993, Ch. 1215, Sec. 4. Effective January 1, 1994.)
1568.042.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
Verify source ↗

A corporate applicant must list certain facility histories for its board members, executive director, and officers. The department may not issue, and may revoke, a license if those people are ineligible, and it must give notice and 15 days to remove the person before action.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.042. (a) A corporation that applies for licensure with the department shall list the facilities that any member of the board of directors, the executive director, or an officer has been licensed to operate, been employed in, or served as a member of the board of directors, the executive director, or an officer. (b) The department shall not issue a provisional license or license to any corporate applicant that has a member of the board of directors, an executive director, or an officer who is not eligible for licensure pursuant to subdivision (f) of Section 1568.065 and Section 1568.093. (c) The department may revoke the license of any corporate licensee that has a member of the board of directors, an executive director, or an officer who is not eligible for licensure pursuant to subdivision (f) of Section 1568.065 and Section 1568.093. (d) Prior to instituting an administrative action pursuant to either subdivision (b) or (c), the department shall notify the applicant or licensee of the person’s ineligibility to be a member of the board of directors, an executive director, or an officer of the applicant or licensee, and shall give the applicant or licensee 15 days to remove the person from that position. (Added by Stats. 1998, Ch. 311, Sec. 31. Effective August 19, 1998.)
1568.043.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
Verify source ↗

Residential care facilities for persons with chronic, life-threatening illness must have at least one carbon monoxide detector that meets the cited standards, and the department must account for those detectors during inspections.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.043. A residential care facility for persons with chronic, life-threatening illness shall have one or more carbon monoxide detectors in the facility that meet the standards established on Chapter 8 (commencing with Section 13260) of Part 2 of Division 12. The department shall account for the presence of these detectors during inspections. (Added by Stats. 2014, Ch. 503, Sec. 2. (AB 2386) Effective January 1, 2015.)
1568.044.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
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Residential care facilities must maintain an emergency and disaster plan and keep it updated, trained on, and ready for emergencies.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.044. (a) A facility shall have an emergency and disaster plan that shall include, but not be limited to, all of the following: (1) Evacuation procedures, including identification of an assembly point or points that shall be included in the facility sketch. (2) Plans for the facility to be self-reliant for a period of not less than 72 hours immediately following any emergency or disaster, including, but not limited to, a short-term or long-term power failure. If the facility plans to shelter in place and one or more utilities, including water, sewer, gas, or electricity, is not available, the facility shall have a plan and supplies available to provide alternative resources during an outage. (3) Transportation needs and evacuation procedures to ensure that the facility can communicate with emergency response personnel or can access the information necessary in order to check the emergency routes to be used at the time of an evacuation and relocation necessitated by a disaster. If the transportation plan includes the use of a vehicle owned or operated by the facility, the keys to the vehicle shall be available to staff on all shifts. (4) A contact information list of all of the following: (A) Emergency response personnel. (B) The contact information for the regulating entity. (C) Transportation providers. (5) At least two appropriate shelter locations that can house or supervise, as applicable, individuals served by the facility during an evacuation. One of the locations shall be outside of the immediate area. (6) The location of utility shutoff valves and instructions for use. (7) Procedures that address, but are not limited to, all of the following: (A) Provision of emergency power that could include identification of suppliers of backup generators. If a permanently installed generator is used, the plan shall include its location and a description of how it will be used. If a portable generator is used, the manufacturer’s operating instructions shall be followed. (B) Responding to an individual’s needs if emergency call buttons are inoperable. (C) The process for communicating with individuals served by the facility, families, and others, as appropriate, that might include landline telephones, cellular telephones, or walkie-talkies. A backup process shall also be established. Individuals served by the facility and their responsible parties shall be informed of the process for communicating during an emergency. (D) Assistance with, and administration of, medications. (E) Storage and preservation of medications, including the storage of medications that require refrigeration. (F) The operation of assistive medical devices that need electric power for their operation, including, but not limited to, oxygen equipment and wheelchairs. (G) A process for identifying individuals served by the facility who have special needs, and a plan for meeting those needs. (H) Procedures for confirming the location of each individual served by the facility during an emergency response. (b) If a facility employs staff, the facility shall provide training on the plan to each staff member upon hire and annually thereafter. The training shall include staff responsibilities during an emergency or disaster. (c) A facility shall conduct a drill at least quarterly for each shift. The type of emergency covered in a drill shall vary from quarter to quarter, taking into account different emergency scenarios. An actual evacuation of individuals served by the facility is not required during a drill. While a facility may provide an opportunity for individuals served by the facility to participate in a drill, it shall not require that participation. Documentation of the drills shall include the date, the type of emergency covered by the drill, and, if applicable, the names of staff participating in the drill. (d) A facility shall review the plan annually and make updates as necessary, including changes in floor plans and the population served. The licensee, administrator, or regulated individual shall sign and date the documentation to indicate that the plan has been reviewed and updated as necessary. (e) A facility shall have all of the following information readily available during an emergency: (1) A roster of individuals served by the facility, with the date of birth for each individual. (2) An appraisal of needs and services plan for each individual served by the facility. (3) A medication list for individuals served by the facility with centrally stored medications. (4) Contact information for the responsible party and physician for each individual served by the facility. (f) A facility shall have both of the following in place: (1) An evacuation chair at each stairwell, on or before July 1, 2021. (2) A set of keys available for use during an evacuation that provides access to all of the following: (A) All occupied resident units, if applicable. (B) All facility vehicles. (C) All facility exit doors. (D) All facility cabinets and cupboards or files that contain elements of the emergency and disaster plan, including, but not limited to, food supplies and protective shelter supplies. (g) A facility shall make the plan available upon request to individuals served by the facility onsite, any responsible party for a resident, the local long-term care ombudsman, and local emergency responders. Individual and employee information shall be kept confidential. (h) An applicant seeking a license or approval for a new facility shall submit the emergency and disaster plan with the initial license application required. (i) The regulating entity shall confirm, during regularly scheduled visits, that the emergency and disaster plan is on file at the facility and includes required content. (j) A facility is encouraged to have the emergency and disaster plan reviewed by local emergency authorities. (k) Nothing in this section shall create a new or additional requirement for the regulating entity to evaluate the emergency and disaster plan. (l) For the purposes of this section, a “facility” means a residential care facility licensed pursuant to this chapter. (Added by Stats. 2020, Ch. 367, Sec. 14. (SB 1264) Effective January 1, 2021.)
1568.05.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
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The department must charge licensing and related fees for residential care facilities for persons with chronic life-threatening illness, and local governments may not impose a business license, fee, or tax on facilities serving six or fewer persons.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.05. (a) (1) An application fee adjusted by facility and capacity, shall be charged by the department for a license to operate a residential care facility for persons with chronic life-threatening illness. After initial licensure, a fee shall be charged by the department annually, on each anniversary of the effective date of the license. The fees are for the purpose of financing the activities specified in this chapter. Fees shall be assessed as follows, subject to paragraph (2): Fee Schedule Capacity Initial Application Annual 1–6 $605 $303 plus $11 per bed 7–15 $758 $378 plus $11 per bed 16–25 $908 $454 plus $11 per bed 26+ $1,060 $530 plus $11 per bed (2) (A) The Legislature finds that all revenues generated by fees for licenses computed under this section and used for the purposes for which they were imposed are not subject to Article XIII B of the California Constitution. (B) The department, at least every five years, shall analyze initial application fees and annual fees issued by it to ensure the appropriate fee amounts are charged. The department shall recommend to the Legislature that fees established by the Legislature be adjusted as necessary to ensure that the amounts are appropriate. (b) (1) In addition to fees set forth in subdivision (a), the department shall charge the following fees: (A) A fee that represents 50 percent of an established application fee when an existing licensee moves the facility to a new physical address. (B) A fee that represents 50 percent of the established application fee when a corporate licensee changes who has the authority to select a majority of the board of directors. (C) A fee of twenty-five dollars ($25) when an existing licensee seeks to either increase or decrease the licensed capacity of the facility. (D) An orientation fee of fifty dollars ($50) for attendance by any individual at a department-sponsored orientation session. (E) A probation monitoring fee equal to the current annual fee, in addition to the current annual fee for that category and capacity for each year a license has been placed on probation as a result of a stipulation or decision and order pursuant to the administrative adjudication procedures of the Administrative Procedure Act (Chapter 4.5 (commencing with Section 11400) and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code). (F) A late fee that represents an additional 50 percent of the current established annual fee when any licensee fails to pay the current annual licensing fee on or before the due date as indicated by postmark on the payment. (G) A fee to cover any costs incurred by the department for processing payments including, but not limited to, bounced check charges, charges for credit and debit transactions, and postage due charges. (H) A plan of correction fee of two hundred dollars ($200) when any licensee does not implement a plan of correction on or prior to the date specified in the plan. (2) No local governmental entity shall impose any business license, fee, or tax for the privilege of operating a facility licensed under this chapter which serves six or fewer persons. (c) All fees collected pursuant to subdivisions (a) and (b) shall be deposited in the Technical Assistance Fund. (d) The revenues collected from licensing fees pursuant to this section shall be utilized by the department for the purpose of ensuring the health and safety of all individuals provided care and supervision by licensees and to support activities of the licensing program, including, but not limited to, monitoring facilities for compliance with licensing laws and regulations pursuant to this chapter, and other administrative activities in support of the licensing program, when appropriated for these purposes. The revenues collected shall be used in addition to any other funds appropriated in the Budget Act in support of the licensing program. The department shall adjust the fees collected pursuant to this section as necessary to ensure that they do not exceed the costs described in this subdivision. (e) The department shall not utilize any portion of the revenues collected pursuant to this section sooner than 30 days after notification in writing of the purpose and use of this revenue, as approved by the Director of Finance, to the Chairperson of the Joint Legislative Budget Committee, and the chairpersons of the committee in each house that considers appropriations for each fiscal year. The department shall submit a budget change proposal to justify any positions or any other related support costs on an ongoing basis. (f) Fees established pursuant to this section shall not be effective unless licensing fees are established for all adult residential facilities licensed by the department. (g) A residential care facility may use a bona fide business check to pay the license fee required under this section. (h) The failure of an applicant for licensure or a licensee to pay all applicable and accrued fees and civil penalties shall constitute grounds for denial or forfeiture of a license. (Amended by Stats. 2014, Ch. 29, Sec. 19. (SB 855) Effective June 20, 2014.)
1568.06.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
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The department must give applicants and licensees certain residential care facility regulations and changes, and applicants must attend a department orientation to qualify for licensure.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.06. (a) Upon initial application for licensure, residential care facilities shall be provided a printed copy of all applicable regulations for the operation of these facilities by the department, without charge. The department shall provide all licensees with copies of proposed changes in regulations applicable to residential care facilities prior to public hearings on those proposed changes, and copies of all adopted changes in regulations applicable to residential care facilities immediately upon their adoption. (b) As a requirement for licensure, an applicant shall attend an orientation given by the department which outlines the applicable rules and regulations and the scope and responsibility for operation of a residential care facility. The orientation shall include information on relevant community services. (Amended by Stats. 1993, Ch. 1215, Sec. 5. Effective January 1, 1994.)
1568.061.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
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A license is forfeited before its expiration if the licensee transfers the facility or property, surrenders the license, moves the facility, is convicted of specified crimes, or dies.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.061. A license shall be forfeited by operation of law prior to its expiration date when any of the following occurs: (a) The licensee sells or otherwise transfers the facility or the real property on which the facility is located, except when change of ownership applies to transferring of stock when the facility is owned by a corporation and when the transfer of stock does not constitute a majority change in ownership. (b) The licensee surrenders the license to the department. (c) The licensee moves a facility from one location to another. The department shall develop regulations to ensure that a licensee is not charged a full licensing fee and is not required to complete the entire application process when applying for a license for the new location. (d) The licensee is convicted of an offense specified in Section 220, 243.4, or 264.1, or paragraph (1) of Section 273a, Section 273d, 288, or 289 of the Penal Code, or is convicted of another crime specified in subdivision (c) of Section 667.5 of the Penal Code. (e) The licensee dies. When a licensee dies, the continued operation shall be subject to the requirements of Section 1568.064. (Amended by Stats. 1992, Ch. 1315, Sec. 14. Effective January 1, 1993.)
1568.062.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
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The director must issue a license if the applicant applies and is in substantial compliance, must deny it if the applicant is not in compliance, and may issue a provisional license in limited circumstances.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.062. (a) Upon the filing of the application for issuance of a license and substantial compliance with this chapter and the rules and regulations of the department adopted pursuant to this chapter, the director shall issue to the applicant the license to operate a residential care facility. If the director finds that the applicant is not in compliance with this chapter or the regulations adopted pursuant to this chapter, the director shall deny the applicant a license. (b) The director may issue provisional licenses to operate residential care facilities for any facility which the director determines is in substantial compliance with this chapter and the rules and regulations adopted pursuant to this chapter, provided that no life safety risks are involved, as determined by the director. In determining whether any life safety risks are involved, the director shall require completion of all applicable fire clearances and criminal record clearances as otherwise required by the department’s rules and regulations. A provisional license issued pursuant to this subdivision shall expire six months from the date of issuance, or at an earlier time as the director may determine, and may not be renewed. However, the director may extend the term of a provisional license for an additional six months at the time of application, if it is determined that more than six months will be required to achieve full compliance with licensing standards due to circumstances beyond the control of the applicant, and if all other requirements for a license have been met. (Amended by Stats. 1992, Ch. 1315, Sec. 15. Effective January 1, 1993.)
1568.063.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
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If a license application is denied, the department must notify the applicant in writing, and the applicant may file a written hearing petition within 15 days after the denial notice is mailed.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.063. Immediately upon the denial of any application for a license, the department shall notify the applicant in writing. Within 15 days after the department mails the notice of denial, the applicant may present his or her written petition for a hearing to the department. Upon receipt by the department of the petition in proper form, the petition shall be set for hearing. (Amended by Stats. 1991, Ch. 832, Sec. 7.)
1568.064.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
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If a licensee dies, a qualifying adult relative may keep operating the facility temporarily if notice and application requirements are met.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.064. (a) When a licensee dies, an adult relative who has control of the property may continue operation of the facility if the following conditions are met: (1) The department receives notification of the death during the next normal workday and is informed of the relative’s intent to continue operating the facility as a residential care facility for persons with chronic, life-threatening illnesses. (2) The relative files application, within five days of the date of death, shows evidence satisfactory to the department that he or she has the ability to operate the facility, submits his or her fingerprint card, and provides evidence of the licensee’s death. (b) The department shall make a decision within 60 days after the application is submitted on whether to issue a provisional license pursuant to Section 1568.062. A provisional license shall be granted only if the department is satisfied that the conditions specified in subdivision (a) have been met and that the health and safety of the residents of the facility will not be jeopardized. (c) If the relative complies with subdivision (a), he or she shall not be considered to be operating an unlicensed facility while the department decides whether to grant the provisional license. (Added by Stats. 1990, Ch. 1333, Sec. 1.5.)
1568.065.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
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This section sets rules for license suspension, revocation, or denial proceedings, including hearing timing, continuances, witness expense payments, and when the department must stop reviewing certain applications.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.065. (a) Proceedings for the suspension, revocation, or denial of a license under this chapter shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all those powers granted by the provisions. In the event of conflict between this chapter and those provisions of the Government Code, this chapter shall prevail. (b) In all proceedings conducted in accordance with this section, the standard of proof to be applied shall be by the preponderance of the evidence. (c) If the license is not temporarily suspended pursuant to Section 1568.082, the hearing shall be held within 90 calendar days after receipt of the notice of defense, unless a continuance of the hearing is granted by the department or the administrative law judge. When the matter has been set for hearing, only the administrative law judge may grant a continuance of the hearing. The administrative law judge may, but need not, grant a continuance of the hearing, only upon finding the existence of any of the following: (1) The death or incapacitating illness of a party, a representative or attorney of a party, a witness to an essential fact, or of the parent, child, or member of the household of that person, when it is not feasible to substitute another representative, attorney, or witness because of the proximity of the hearing date. (2) Lack of notice of hearing as provided in Section 11509 of the Government Code. (3) A material change in the status of the case where a change in the parties or pleadings requires postponement, or an executed settlement or stipulated findings of fact obviate the need for hearing. A partial amendment of the pleadings shall not be good cause for continuance to the extent that the unamended portion of the pleadings is ready to be heard. (4) A stipulation for continuance signed by all parties or their authorized representatives, including, but not limited to, a representative, which is communicated with the request for continuance to the administrative law judge no later than 25 business days before the hearing. (5) The substitution of the representative or attorney of a party upon showing that the substitution is required. (6) The unavailability of a party, representative, or attorney of a party, or witness to an essential fact due to a conflicting and required appearance in a judicial matter if when the hearing date was set, the person did not know and could neither anticipate nor at any time avoid the conflict, and the conflict with request for continuance is immediately communicated to the administrative law judge. (7) The unavailability of a party, a representative or attorney of a party, or a material witness due to an unavoidable emergency. (8) Failure by a party to comply with a timely discovery request if the continuance request is made by the party who requested the discovery. (d) In addition to the witness fees and mileage provided by Section 11450.40 of the Government Code, the department may pay actual, necessary, and reasonable expenses in an amount not to exceed the per diem allowance payable to a nonrepresented state employee on travel status. The department may pay witness expenses pursuant to this section in advance of the hearing. (e) (1) The withdrawal of an application for a license or a special permit after it has been filed with the department shall not deprive the department of its authority to institute or continue a proceeding against the applicant for the denial of the license or a special permit upon any ground provided by law or to enter an order denying the license or special permit upon any ground provided by law. (2) The suspension, expiration, or forfeiture by operation of law of a license issued by the department, or its suspension, forfeiture, or cancellation by order of the department or by order of a court of law, or its surrender, shall not deprive the department of its authority to institute or continue a disciplinary proceeding against the licensee upon any ground provided by law or to enter an order suspending or revoking the license or otherwise taking disciplinary action against the licensee on any ground provided by law. (f) (1) If an application for a license indicates, or the department determines during the application review process, that the applicant previously was issued a license under this chapter or under Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with Section 1250), Chapter 3 (commencing with Section 1500), Chapter 3.3 (commencing with Section 1569), Chapter 3.4 (commencing with Section 1596.70), Chapter 3.5 (commencing with Section 1596.90), or Chapter 3.6 (commencing with Section 1597.30) and the prior license was revoked within the preceding two years, the department shall cease any further review of the application until two years shall have elapsed from the date of the revocation. (2) If an application for a license or special permit indicates, or the department determines during the application review process, that the applicant previously was issued a certificate of approval by a foster family agency that was revoked by the department pursuant to subdivision (b) of Section 1534 within the preceding two years, the department shall cease any further review of the application until two years have elapsed from the date of the revocation. (3) If an application for a license or special permit indicates, or the department determines during the application review process, that the applicant was excluded from a facility licensed by the department pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, the department shall cease any further review of the application unless the excluded individual has been reinstated pursuant to Section 11522 of the Government Code by the department. (4) If an application for a license indicates, or the department determines during the application review process, that the applicant had previously applied for a license under any of the chapters listed in paragraph (1) and the application was denied within the last year, the department shall cease further review of the application as follows: (A) In cases where the applicant petitioned for a hearing, the department shall cease further review of the application until one year has elapsed from the effective date of the decision and order of the department upholding a denial. (B) In cases where the department informed the applicant of his or her right to petition for a hearing and the applicant did not petition for a hearing, the department shall cease further review of the application until one year has elapsed from the date of the notification of the denial and the right to petition for a hearing. (C) The department may continue to review the application if it has determined that the reasons for the denial of the application were due to circumstances and conditions which either have been corrected or are no longer in existence. (5) If an application for a license or special permit indicates, or the department determines during the application review process, that the applicant had previously applied for a certificate of approval with a foster family agency and the department ordered the foster family agency to deny the application pursuant to subdivision (b) of Section 1534, the department shall cease further review of the application as follows: (A) In cases where the applicant petitioned for a hearing, the department shall cease further review of the application until one year has elapsed from the effective date of the decision and order of the department upholding a denial. (B) In cases where the department informed the applicant of his or her right to petition for a hearing and the applicant did not petition for a hearing, the department shall cease further review of the application until one year has elapsed from the date of the notification of the denial and the right to petition for a hearing. (C) The department may continue to review the application if it has determined that the reasons for the denial of the application were due to circumstances and conditions that either have been corrected or are no longer in existence. (6) The cessation of review shall not constitute a denial of the application for purposes of Section 1568.062 or any other law. (Amended by Stats. 1997, Ch. 617, Sec. 7. Effective January 1, 1998.)
1568.0651.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
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An administrative law judge may allow a child or similarly vulnerable witness to testify outside the respondent’s presence if specific conditions are met, and the department must provide one-way closed-circuit television so the respondent can observe. The respondent’s right of cross-examination is preserved.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.0651. (a) The administrative law judge conducting a hearing under this article may permit the testimony of a child witness, or a similarly vulnerable witness, including a witness who is developmentally disabled, to be taken outside the presence of the respondent or respondents if all of the following conditions exist: (1) The administrative law judge determines that taking the witness’s testimony outside the presence of the respondent or respondents is necessary to ensure truthful testimony. (2) The witness is likely to be intimidated by the presence of the respondent or respondents. (3) The witness is afraid to testify in front of the respondent or respondents. (b) If the testimony of the witness is taken outside of the presence of the respondent or respondents, the department shall provide for the use of one-way closed-circuit television so the respondent or respondents can observe the testimony of the witness. Nothing in this section shall limit a respondent’s right of cross-examination. (c) The administrative law judge conducting a hearing under this section may clear the hearing room of any persons who are not a party to the action in order to protect any witness from intimidation or other harm, taking into account the rights of all persons. (Added by Stats. 1994, Ch. 1267, Sec. 4. Effective January 1, 1995.)
1568.0652.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
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In an administrative hearing, a qualifying child’s out-of-court statement can be admitted and used to support findings, but there are notice, objection, and reliability limits.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.0652. (a) (1) An out-of-court statement made by a minor under 12 years of age who is the subject or victim of an allegation at issue is admissible evidence at an administrative hearing conducted pursuant to this article. The out-of-court statement may be used to support a finding of fact unless an objection is timely made and the objecting party establishes that the statement is unreliable because it was the product of fraud, deceit, or undue influence. However, the out-of-court statement may not be the sole basis for the finding of fact, unless the adjudicator finds that the time, content, and circumstances of the statement provide sufficient indicia of reliability. (2) The proponent of the statement shall give reasonable notice to all parties of the intended introduction of the statement at the hearing. (3) For purposes of this subdivision, an objection is timely if it identifies with reasonable specificity the disputed out-of-court statement and it gives the proponent of the evidence a reasonable period of time to prepare a response to the objection prior to the hearing. (b) This section shall not be construed to limit the right of any party to the administrative hearing to subpoena a witness whose statement is admitted as evidence or to introduce admissible evidence relevant to the weight of the hearsay evidence or the credibility of the hearsay declarant. (Added by Stats. 2002, Ch. 707, Sec. 2. Effective January 1, 2003.)
1568.067.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
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A licensed residential care facility must show its license number in advertising and related materials aimed at attracting clients or residents, and no person may sell or exchange a license for commercial purposes.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.067. (a) No license issued pursuant to this chapter shall have any property value for sale or exchange purposes and no person, including any owner, agent, or broker, shall sell or exchange any license for any commercial purpose. (b) (1) Each residential care facility licensed under this chapter shall reveal its license number in all advertisements, publications, or announcements made with the intent to attract clients or residents. (2) Advertisements, publications, or announcements subject to the requirements of paragraph (1) shall include, but not be limited to, those contained in a newspaper or magazine, consumer report, announcement of intent to commence business, telephone directory yellow pages, professional or service directory, or radio or television commercial. (Added by Stats. 1991, Ch. 832, Sec. 10.)
1568.068.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
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When a licensed residential care facility for persons with chronic, life-threatening illness is sold and the sale will require a new license, the licensee and seller must give notice, and the buyer cannot take over until licensing conditions are met.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.068. (a) Notwithstanding Section 1568.061, in the event of a sale of a licensed residential care for persons with chronic, life-threatening illness facility where the sale will result in a new license being issued, the sale and transfer of property and business shall be subject to both of the following: (1) The licensee shall provide written notice to the department and to each resident or his or her legal representative of the licensee’s intent to sell the facility at least 60 days prior to the transfer of property or business, or at the time that a bona fide offer is made, whichever period is longer. (2) The licensee shall, prior to entering into an admission agreement, inform all residents, or their legal representatives, admitted to the facility after notification to the department, of the licensee’s intent to sell the property or business. (b) Except as provided in subdivision (e), the property and business shall not be transferred until the buyer qualifies for a license or provisional license pursuant to this chapter. (1) The seller shall notify, in writing, a prospective buyer of the necessity to obtain a license, as required by this chapter, if the buyer’s intent is to continue operating the facility as a residential care facility for the chronically ill. The seller shall send a copy of this written notice to the licensing agency. (2) The prospective buyer shall submit an application for a license, as specified in Section 1568.04, within five days of the acceptance of the offer by the seller. (c) No transfer of the property or business shall be permitted until 60 days have elapsed from the date when notice has been provided to the department pursuant to paragraph (1) of subdivision (a). (d) The department shall give priority to applications for licensure that are submitted pursuant to this section in order to ensure timely transfer of the property and business. The department shall make a decision within 60 days after a complete application is submitted on whether to issue a license pursuant to Section 1568.04. (e) If the parties involved in the transfer of the property and business fully comply with this section, then the transfer may be completed and the buyer shall not be considered to be operating an unlicensed facility while the department makes a final determination on the application for licensure. (Added by Stats. 1992, Ch. 873, Sec. 2. Effective January 1, 1993.)
1568.069.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
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A licensee may request inactive license status for a residential care facility, but must submit a written request to the department for review and approval.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.069. (a) A licensee of a residential care facility for persons with chronic, life-threatening illness may request inactive license status for either of the following: (1) If the facility is nonoperational due to its destruction, significant damage, or prolonged closure due to an emergency or disaster pursuant to Chapter 15 (commencing with Section 1796.80) of Division 2 of the Health and Safety Code. (2) For any other period of inactivity in the operation of the facility. (b) For a period of inactivity, as described in paragraph (2) of subdivision (a), the following shall apply: (1) A licensee shall submit a written request for inactive license status, on a form approved by the department, to the department for review and approval. (2) The department may impose time limitations on inactive license status and identify situations in which inactive license status is not permitted. (3) Notwithstanding any other law, the department may waive, in whole or in part, on a year-by-year basis, the annual fee specified in paragraph (1) of subdivision (a) of Section 1568.06 during the period of inactive license status. (4) Paragraph (2) of subdivision (a) shall become operative on January 1, 2028. (c) A license shall not be valid, for the purposes of subdivision (a) of Section 1568.03, during any period of inactive license status. A licensee shall be responsible for complying with all licensing standards when inactive license status ends. The department’s timeframe for required site visits may be adjusted during the period of inactive license status. However, if the department believes the licensee is operating during a period in which the department has granted inactive license status to the licensee, the department may enter the facility for any inspection permitted by law. (d) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of interim licensing standards, which shall have the same force and effect as regulations, until regulations are adopted. (Added by Stats. 2025, Ch. 546, Sec. 5. (SB 582) Effective January 1, 2026.)
1568.07.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
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The department must inspect a newly licensed facility within 90 days after it accepts its first resident, and the licensee must notify the department within five business days of starting operations. Licensed facilities are subject to periodic unannounced inspections, and the department must report deficiencies in writing and give a reasonable time to fix them.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.07. (a) (1) Within 90 days after a facility accepts its first resident for placement following its initial licensure, the department shall conduct an unannounced inspection of the facility to evaluate compliance with rules and regulations and to assess the facility’s continuing ability to meet regulatory requirements. The licensee shall notify the department, within five business days after accepting its first resident for placement, that the facility has commenced operating. (2) The department may take appropriate remedial action as provided for in this chapter. (b) (1) Every licensed residential care facility shall be periodically inspected and evaluated for quality of care by a representative or representatives designated by the director. Unannounced inspections shall be conducted at least annually and as often as necessary to ensure the quality of care being provided. (2) During each licensing inspection the department shall determine if the facility meets regulatory standards, including, but not limited to, providing residents with the appropriate level of care based on the facility’s license, providing adequate staffing and services, updated resident records and assessments, and compliance with basic health and safety standards. (3) If the department determines that a resident requires a higher level of care than the facility is authorized to provide, the department may initiate a professional level of care assessment by an assessor approved by the department. An assessment shall be conducted in consultation with the resident, the resident’s physician and surgeon, and the resident’s case manager, and shall reflect the desires of the resident, the resident’s physician and surgeon, and the resident’s case manager. The assessment also shall recognize that certain illnesses are episodic in nature and that the resident’s need for a higher level of care may be temporary. (4) The department shall notify the residential care facility in writing of all deficiencies in its compliance with this chapter and the rules and regulations adopted pursuant to this chapter, and shall set a reasonable length of time for compliance by the facility. (5) Reports on the results of each inspection or consultation shall be kept on file in the department, and all inspection reports, consultation reports, lists of deficiencies, and plans of correction shall be open to public inspection. (c) Any duly authorized officer, employee, or agent of the department may, upon presentation of proper identification, enter and inspect any place providing personal care, supervision, and services, at any time, with or without advance notice, to secure compliance with, or to prevent a violation of, this chapter. (d) A licensee, or officer or employee of the licensee, shall not discriminate or retaliate in any manner, including, but not limited to, eviction or threat of eviction, against any person receiving the services of the licensee’s facility, or against any employee of the licensee’s facility, on the basis, or for the reason, that the person or employee or any other person initiated or participated in the filing of a complaint, grievance, or a request for inspection with the department pursuant to this chapter or initiated or participated in the filing of a complaint, grievance, or request for investigation with the appropriate local or state ombudsman. (e) A person who, without lawful authorization from a duly authorized officer, employee, or agent of the department, informs an owner, operator, employee, agent, or resident of a residential care facility, of an impending or proposed inspection of that facility by personnel of the department, is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000), by imprisonment in the county jail for a period not to exceed 180 days, or by both a fine and imprisonment. (Amended by Stats. 2015, Ch. 303, Sec. 278. (AB 731) Effective January 1, 2016.)
1568.071.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
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People may ask the department to inspect a residential care facility by filing notice of an alleged violation. The department must review complaints, and usually inspect within 10 days, with limited exceptions. Complaint details are generally shared with the licensee at the inspection, but names must stay confidential unless the complainant asks otherwise.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.071. (a) Any person may request an inspection of any residential care facility in accordance with this chapter by transmitting to the department notice of an alleged violation of applicable requirements prescribed by statutes or regulations of this state. (b) The substance of the complaint shall be provided to the licensee no earlier than at the time of the inspection. Unless the complainant specifically requests otherwise, neither the substance of the complaint provided the licensee nor any copy of the complaint or any record published, released, or otherwise made available to the licensee shall disclose the name of any person mentioned in the complaint except the name of any duly authorized officer, employee, or agent of the department conducting the investigation or inspection pursuant to this chapter. (c) Upon receipt of a complaint, other than a complaint alleging denial of a statutory right of access to a residential care facility, the department shall make a preliminary review and, unless the department determines that the complaint is willfully intended to harass a licensee or is without any reasonable basis, it shall make an onsite inspection within 10 days after receiving the complaint except where the visit would adversely affect the licensing investigation or the investigation of other agencies, including, but not limited to, law enforcement agencies. In either event, the complainant shall be promptly informed of the department’s proposed course of action. (d) Upon receipt of a complaint alleging denial of a statutory right of access to a residential facility, the department shall review the complaint. The complainant shall be notified promptly of the department’s proposed course of action. (Added by Stats. 1990, Ch. 1333, Sec. 1.5.)
1568.0715.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
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The department must make correction plans verifiable and measurable, keep acceptable proof in the facility file, list serious uncorrected violations in the licensing report, and finish all complaint investigations with a final note in the facility file.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.0715. (a) The department shall ensure that the licensee’s plan of correction is verifiable and measurable. The plan of correction shall specify what evidence is acceptable to establish that a deficiency has been corrected. This evidence shall be included in the department’s facility file. (b) The department shall specify in its licensing report all violations that, if not corrected, will have a direct and immediate risk to the health, safety, or personal rights of residents in care. (c) The department shall complete all complaint investigations and place a note of final conclusion in the department’s facility file, regardless of whether the licensee voluntarily surrendered the license. (Added by Stats. 2008, Ch. 291, Sec. 10. Effective September 25, 2008.)
1568.072.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
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The department must adopt, amend, and repeal reasonable rules, regulations, and standards for this chapter, subject to state law and the specified Government Code procedure.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.072. (a) The department shall adopt, amend, and repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any reasonable rules, regulations, and standards as may be necessary or proper to carry out the purposes and intent of this chapter and to enable the department to exercise the powers and perform the duties conferred upon it by this chapter, not inconsistent with state law. (b) Regulations for a license shall prescribe standards of safety and sanitation, for the physical plant, as well as for the basic care and supervision, personal care, and services to be provided by a facility. (c) Regulations shall specify the application and licensing process, the range of services, alternative methods for providing those services, the appraisal and assessment process, and facility staffing and training requirements. (d) Regulations shall allow for the development of new and innovative community programs. (Amended by Stats. 1991, Ch. 832, Sec. 12.)
1568.073.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
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This section lets the department order a resident’s removal or transfer in specified health-safety situations and sets notice, review, and timing rules.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.073. (a) (1) The department may order the licensee to remove a resident who has a health condition which cannot be cared for within the limits of the license or requires inpatient care in a health facility as determined by the department pursuant to Section 1568.07. (2) When the department determines that the resident’s mental or physical condition requires immediate transfer from the facility in order to protect the health and safety of the resident, the department may order the licensee to remove the resident after the department consults with a physician or other medical professional about the transfer and ways in which transfer trauma can be minimized. (b) (1) When the department determines that a resident has a health condition which cannot be cared for within the limits of the license or requires inpatient care in a health facility, the department shall give notice to the resident, his or her legal representative when appropriate, his or her physician when applicable, his or her case manager when applicable, and the licensee. The notice shall specify a deadline for submitting a written plan for relocation and inform the resident of his or her right for a review and determination. The resident, or his or her legal representative, shall have three working days to inform the licensee of the request for review. The licensee shall forward the request to the department within two working days of receipt. Failure or refusal by the licensee to submit the request to the department may subject the licensee to the civil penalties as specified in Section 1568.0822. The department shall not refuse to consider the request if the licensee fails or refuses to submit the request to the department. (2) The review and determination shall be completed within 30 days from the date that the resident was initially informed of the need to relocate. If the determination is made that the resident must relocate, the notice shall include a plan for transfer including ways to minimize transfer trauma for the resident. (3) The department may require the licensee to prepare and submit to the department a written plan for relocation, to comply with the terms and conditions of the approved plan, and to provide other information as necessary for the enforcement of this section. (c) The provisions allowing for a resident’s right to a review prior to transfer as provided in subdivision (b) neither negates the department’s authority and responsibility to require an immediate transfer according to paragraph (2) of subdivision (a) when the department finds and provides evidence that the resident must be relocated in order to protect the health and safety of the resident, nor implies any right to a fair hearing pursuant to Chapter 7 (commencing with Section 10950) of Part 2 of Division 9 of the Welfare and Institutions Code. (d) The department shall specify by regulation the process for making relocation decisions and for appealing and reviewing those decisions pursuant to this section. (Added by Stats. 1990, Ch. 1333, Sec. 1.5.)
1568.074.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
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A licensee of a facility with internet service must provide at least one client internet access device and make it available for private, shared use during reasonable hours.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.074. (a) A licensee of a facility that has internet service shall provide at least one internet access device, such as a computer, smart phone, tablet, or other device, that can support real-time interactive applications, is equipped with videoconferencing technology, including microphone and camera functions, and is dedicated for client use. (b) A licensee shall ensure the following requirements are met in providing any internet access device for client use: (1) The device shall be available in a manner that allows a client to access it for discussion of personal or confidential information with a reasonable level of personal privacy. (2) The device shall be made available to clients in a manner that permits shared access among all clients in the facility during reasonable hours. (Added by Stats. 2021, Ch. 469, Sec. 2. (AB 665) Effective January 1, 2022.)
1568.075.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
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Residential care facilities may not install or keep security window bars unless the bars meet current state and local requirements for the bars and safety release devices.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.075. On and after January 1, 1999, no security window bars may be installed or maintained on any residential care facility unless the security window bars meet current state and local requirements, as applicable, for security window bars and safety release devices. (Added by Stats. 1998, Ch. 343, Sec. 2. Effective January 1, 1999.)
1568.08.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
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Licensed facilities must keep current resident records and protect the privacy and confidentiality of that information.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.08. Each facility required to be licensed under this chapter shall keep a current record of all of the following: (a) Residents in the facility, including each resident’s name and ambulatory status. (b) The name and telephone number of each resident’s physician and surgeon. (c) The name, address, and telephone number of any person or agency responsible for the care of a resident. (d) Updated resident file records, including, but not limited to, the current physician and surgeon report, residential appraisal, level of services required and documentation of any health related services provided to residents. The facility shall respect the privacy and confidentiality of this information. (Added by Stats. 1990, Ch. 1333, Sec. 1.5.)
1568.081.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
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Placement agencies must use licensed or exempt residential care facilities, and employees may not place people in unlicensed facilities unless an exemption applies.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.081. (a) A placement agency shall place individuals only in licensed residential care facilities or facilities which are exempt from licensure under subdivision (c) of Section 1568.03. (b) No employee of a placement agency shall place, refer, or recommend placement of a person in a facility operating without a license, unless the facility is exempt from licensure under subdivision (c) of Section 1568.03. Violation of this subdivision is a misdemeanor. (c) Any employee of a placement agency who knows, or reasonably suspects that a facility, which is not exempt from licensure under this chapter, is operating without a license shall report the name and address of the facility to the department. Failure to report as required by this subdivision is a misdemeanor. (d) The department shall investigate any report filed under subdivision (c). If the department has probable cause to believe that the facility which is the subject of the report is operating without a license, the department shall investigate the facility within 10 days after receipt of the report. (e) A placement agency shall notify the department of any known or suspected incidents which would jeopardize the health or safety of residents in a residential care facility. Reportable incidents include, but are not limited to, all of the following: (1) Incidents of physical abuse. (2) Any violation of personal rights. (3) Any situation in which a facility is unclean, unsafe, unsanitary, or in poor condition. (4) Any situation in which a facility has insufficient personnel or incompetent personnel on duty. (5) Any situation in which residents experience mental or verbal abuse. (6) Any situation in which a facility is suspected of accepting or retaining residents who require a higher level of care than the facility is authorized to provide. (Added by Stats. 1990, Ch. 1333, Sec. 1.5.)
1568.082.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
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The department may suspend or revoke licenses for listed violations, and the director may temporarily suspend a license before hearing if needed to protect residents. If a resident must be removed, the licensee must prepare and follow a relocation plan and provide required information.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.082. (a) The department may suspend or revoke any license issued under this chapter upon any of the following grounds and in the manner provided in this chapter: (1) Violation by the licensee of this chapter or of the rules and regulations adopted pursuant to this chapter. (2) Aiding, abetting, or permitting the violation of this chapter or of the rules and regulations adopted pursuant to this chapter. (3) Conduct which is inimical to the health, welfare, or safety of either an individual in or receiving services from the facility or the people of the State of California. (4) The provision of services beyond the level the facility is authorized to provide, or accepting or retaining residents who require services of a higher level than the facility is authorized to provide. (5) Engaging in acts of financial malfeasance concerning the operation of a facility, including, but not limited to, improper use or embezzlement of client moneys and property or fraudulent appropriation for personal gain of facility moneys and property, or willful or negligent failure to provide services. (b) The director may temporarily suspend any license, prior to any hearing when, in the opinion of the director, the action is necessary to protect residents of the facility from physical or mental abuse, abandonment, or any other substantial threat to health or safety. The director shall notify the licensee of the temporary suspension and the effective date of the temporary suspension, and at the same time shall serve the provider with an accusation. Upon receipt of a notice of defense to the accusation by the licensee, the director shall, within 15 days, set the matter for hearing, and the hearing shall be held as soon as possible, but not later than 30 days after receipt of the notice. The temporary suspension shall remain in effect until the time the hearing is completed and the director has made a final determination on the merits. However, the temporary suspension shall be deemed vacated if the director fails to make a final determination on the merits within 30 days after the original hearing has been completed. (c) In any case where the department orders the licensee to remove a resident who has a health condition or health conditions which cannot be cared for within the limits of the license or special permit or requires inpatient care in a health facility licensed pursuant to Chapter 2 (commencing with Section 1250), the licensee shall do all of the following: (1) Prepare and submit to the department a written plan for relocation of the client or resident, in a form acceptable to the department. (2) Comply with all terms and conditions of the approved relocation plan. (3) Provide any other information as may be required by the department for the proper administration and enforcement of this section. (Amended by Stats. 1998, Ch. 311, Sec. 32. Effective August 19, 1998.)
1568.0821.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
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Violating Section 1568.03 can trigger an immediate civil penalty, and the amount increases if an unlicensed facility keeps operating after licensure is refused or denied. An operator may appeal to the director, and the department must adopt appeal regulations.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.0821. (a) Notwithstanding any other provision of this chapter, any person who violates Section 1568.03 shall be assessed by the department an immediate civil penalty in the amount of one hundred dollars ($100) per resident for each day of the violation. (b) The civil penalty authorized in subdivision (a) shall be two hundred dollars ($200) per resident for each day of the violation if an unlicensed facility is operated and the operator refuses to seek licensure or the operator seeks licensure and the license application is denied and the operator continues to operate the unlicensed facility. (c) An operator may appeal the assessment to the director. The department shall adopt regulations setting forth the appeal procedure. (Amended by Stats. 2000, Ch. 819, Sec. 4. Effective January 1, 2001.)
1568.0822.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
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The department must levy civil penalties for certain facility violations, and licensees can seek formal review and appeal in some cases.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.0822. (a) In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department shall levy civil penalties as follows: (b) (1) The amount of the civil penalty shall be one hundred dollars ($100) per day for each violation of this chapter if a facility fails to correct a deficiency after being provided a specified length of time to correct that deficiency. (A) If a licensee or a licensee’s representative submits evidence to the department that the licensee has corrected a deficiency, and the department, after reviewing that evidence, has determined that the deficiency has been corrected, the civil penalty shall cease as of the day the department received that evidence. (B) If the department deems it necessary, the department shall inspect the facility within five working days after the department receives evidence pursuant to subparagraph (A) to confirm that the deficiency has been corrected. (C) If the department determines that the deficiency has not been corrected, the civil penalty shall continue to accrue from the date of the original citation. (D) If the department is able to verify that the deficiency was corrected prior to the date on which the department received the evidence pursuant to subparagraph (A), the civil penalty shall cease as of that earlier date. (2) (A) If the department issues a notification of deficiency to a facility for a repeat violation of a violation specified in paragraph (1), the department shall assess an immediate civil penalty of two hundred fifty dollars ($250) per repeat violation and one hundred dollars ($100) for each day the repeat violation continues after citation. The notification of deficiency shall state the manner in which the deficiency constitutes a repeat violation and shall be submitted to a supervisor for review and approval. (B) For purposes of this section, “repeat violation” means a violation within 12 months of a prior violation of a statutory or regulatory provision designated by the same combination of letters or numerals, or both letters and numerals. (C) Notwithstanding subparagraphs (A) and (B), the department, in its sole discretion, may reduce the civil penalty for the cited repeat violation to the level of the underlying violation, as applicable, if it determines that the cited repeat violation is not substantially similar to the original violation. (3) If the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as provided in this chapter, a correction of the deficiency shall not impact the imposition of a civil penalty. (c) The department shall assess an immediate civil penalty of five hundred dollars ($500) per violation and one hundred dollars ($100) for each day the violation continues after citation for any of the following serious violations: (1) Any violation that the department determines resulted in the injury or illness of a resident. (2) (A) Fire clearance violations, including, but not limited to, overcapacity, ambulatory status, inoperable smoke alarms, and inoperable fire alarm systems. The civil penalty shall not be assessed if the licensee has done either of the following: (i) Requested the appropriate fire clearance based on ambulatory, nonambulatory, or bedridden status, and the decision is pending. (ii) Initiated eviction proceedings. (B) A licensee denied a clearance for bedridden residents may appeal to the fire authority, and, if that appeal is denied, may subsequently appeal to the Office of the State Fire Marshal, and shall not be assessed an immediate civil penalty until the final appeal is decided, or after 60 days has passed from the date of the citation, whichever is earlier. (3) Absence of supervision, as required by statute and regulation. (4) Accessible bodies of water, when prohibited in this chapter or regulations adopted pursuant to this chapter. (5) Accessible firearms, ammunition, or both. (6) Refused entry to a facility or any part of a facility in violation of Section 1568.07 or 1568.071. (7) The presence of a person subject to a department Order of Exclusion on the premises. (d) If the department issues a notification of deficiency to a facility for a repeat violation of a violation specified in subdivision (c), the department shall assess an immediate civil penalty of one thousand dollars ($1,000) per repeat violation and one hundred dollars ($100) for each day the repeat violation continues after citation. The notification of deficiency shall state the manner in which the deficiency constitutes a repeat violation and shall be submitted to a supervisor for review and approval. (e) For a violation that the department determines resulted in the death of a resident, the civil penalty shall be fifteen thousand dollars ($15,000). (f) For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident, the civil penalty shall be ten thousand dollars ($10,000). (g) (1) Before the assessment of a civil penalty pursuant to subdivision (e) or (f), the decision shall be approved by the program administrator of the Community Care Licensing Division. (2) (A) The department shall reduce the amount of a civil penalty due pursuant to subdivision (e) or (f) by the amount of the civil penalty already assessed for the underlying violation. (B) If the amount of the civil penalty that the department has already assessed for the underlying violation exceeds the amount of the penalty pursuant to subdivision (e) or (f), the larger amount shall prevail and be due and payable as already assessed by the department. (h) (1) A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area in which the deficiency occurred. The department shall make a good faith effort to work with the licensee to determine the cause of the deficiency and ways to prevent any repeat violations. (2) The department shall adopt regulations setting forth appeal procedures for deficiencies. (i) (1) A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivision (e) or (f) within 15 business days of receipt of the notice of a civil penalty assessment and shall provide all available supporting documentation at that time. The review shall be conducted by the deputy director of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the deputy director determines that the civil penalty was not assessed, or the finding of deficiency that resulted in the assessment of the civil penalty was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the deputy director’s decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. (2) Upon exhausting the review described in paragraph (1), a licensee may further appeal that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence. (3) If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process. (4) Civil penalties shall be due and payable when administrative appeals have been exhausted. Unless payment arrangements have been made that are acceptable to the department, a civil penalty not paid within 30 days shall be subject to late fees, as specified by the department in regulation. (j) (1) A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (i) within 15 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all available supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional manager’s decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. (2) Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 15 business days of receipt of notice of the regional manager’s decision. The licensee may submit additional supporting documentation that was unavailable at the time of appeal to the program administrator within the first 30 business days after requesting that appeal. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for the appeal. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrator’s decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. The program administrator’s decision is considered final and concludes the licensee’s administrative appeal rights regarding the appeal conducted pursuant to this paragraph. (3) Civil penalties shall be due and payable when administrative appeals have been exhausted. Unless payment arrangements have been made that are acceptable to the department, a civil penalty not paid within 30 days shall be subject to late fees, as specified by the department in regulation. (k) The department shall adopt regulations implementing this section. (l) The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by Section 4 of Chapter 813 of the Statutes of 2014. (m) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made by the act that added this subdivision through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act. (n) This section shall become operative on July 1, 2017. (Repealed (in Sec. 4) and added by Stats. 2016, Ch. 823, Sec. 5. (AB 2231) Effective January 1, 2017. Section operative July 1, 2017, by its own provisions.)
1568.0823.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
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Violating this chapter or its rules is a misdemeanor punishable by a fine, jail, or both; operating a residential care facility without a license can lead to a summons to appear in court.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.0823. (a) Any person who violates this chapter, or who willfully or repeatedly violates any rule or regulation adopted under this chapter, is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000), or by imprisonment in the county jail for a period not to exceed 180 days, or by both fine and imprisonment. (b) Operation of a residential care facility without a license shall be subject to a summons to appear in court. (c) Notwithstanding any other provision of this chapter, the district attorney of every county, and the city attorneys in those cities which have city attorneys who have jurisdiction to prosecute misdemeanors pursuant to Section 72193 of the Government Code, shall, upon their own initiative or upon application by the department or its authorized representative, institute and conduct the prosecution of any action for violation within his or her county of this chapter. (Amended (as added by Stats. 1991, Ch. 832) by Stats. 2002, Ch. 784, Sec. 514. Effective January 1, 2003.)
1568.0824.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
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A person may not tell others about an impending unannounced site visit to a residential care facility unless authorized by the department; doing so is a misdemeanor.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.0824. A person who, without lawful authorization from a duly authorized officer, employee, or agent of the department, informs an owner, operator, employee, agent, or resident of a residential care facility for persons with a chronic, life-threatening illness of an impending and unannounced site visit to that facility by personnel of the department, is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000), by imprisonment in the county jail for a period not to exceed 180 days, or by both a fine and imprisonment. (Added by renumbering Section 1568.0823 (as added by Stats. 1991, Ch. 888, Sec. 3) by Stats. 2015, Ch. 303, Sec. 279. (AB 731) Effective January 1, 2016.)
1568.0825.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
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The department must make an unannounced visit to a facility within 30 days after a license is temporarily suspended or revoked, unless it has already verified the facility is nonoperational.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.0825. (a) The department shall conduct an unannounced visit to a facility within 30 days after the effective date of a temporary suspension of a license in order to ensure that the facility is nonoperational, unless the department previously has verified that the facility is nonoperational. (b) The department shall conduct an unannounced visit to a facility within 30 days after the effective date of a revocation of a license in order to ensure that the facility is nonoperational, unless the department previously has verified that the facility is nonoperational. (Added by Stats. 2008, Ch. 291, Sec. 12. Effective September 25, 2008.)
1568.083.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
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Fire officials may not treat a resident’s placement as proof of ambulatory or nonambulatory status, and this chapter does not override local zoning rules except as provided in Section 1568.0831.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.083. (a) The department, State Fire Marshal, or local fire officials shall not make a de facto determination of a resident’s ambulatory or nonambulatory status based on a resident’s placement in the facility. Interpretation of regulations related to fire safety in residential care facilities shall be made to provide flexibility to allow residents to remain in the least restrictive environment. (b) This chapter shall not preempt the application of any local zoning requirements to residential care facility, except as provided for in Section 1568.0831. (Added by Stats. 1990, Ch. 1333, Sec. 1.5.)
1568.0831.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
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Residential care facilities serving six or fewer people are treated as residential/family uses for zoning and related property rules, with limits on local discrimination and rent controls.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.0831. (a) (1) Whether or not unrelated persons are living together, a residential care facility that serves six or fewer persons shall be considered a residential use of property for the purposes of this chapter. In addition, the residents and operators of the facility shall be considered a family for the purposes of any law or zoning ordinance that relates to the residential use of property pursuant to this chapter. (2) For the purpose of all local ordinances, a residential care facility that serves six or fewer persons shall not be included within the definition of a boarding house, rooming house, institution, guest home, rest home, community residence, or other similar term that implies that the residential care facility is a business run for profit or differs in any other way from a family dwelling. (3) This section shall not be construed to prohibit a city, county, or other local public entity from placing restrictions on building heights, setback, lot dimensions, or placement of signs of a residential care facility that serves six or fewer persons as long as the restrictions are identical to those applied to other family dwellings of the same type in the same zone. (4) This section shall not be construed to prohibit the application to a residential care facility of any local ordinance that deals with health and safety, building standards, environmental impact standards, or any other matter within the jurisdiction of a local public entity if the ordinance does not distinguish residential care facilities that serve six or fewer persons from other family dwellings of the same type in the same zone and if the ordinance does not distinguish residents of residential care facilities from persons who reside in other family dwellings of the same type in the same zone. (5) No conditional use permit, zoning variance, or other zoning clearance shall be required of a residential care facility that serves six or fewer persons that is not required of a family dwelling of the same type in the same zone. (6) Use of a family dwelling for purposes of a residential care facility serving six or fewer persons shall not constitute a change of occupancy for purposes of Part 1.5 (commencing with Section 17910) of Division 13 or local building codes. However, nothing in this section is intended to supersede Section 13143 or 13143.6, to the extent these sections are applicable to residential care facilities serving six or fewer persons. (b) No fire inspection clearance or other permit, license, clearance, or similar authorization shall be denied to a residential care facility because of a failure to comply with local ordinances from which the facilities are exempt under subdivision (a), provided that the applicant otherwise qualifies for the fire clearance, license, permit, or similar authorization. (c) For the purposes of any contract, deed, or covenant for the transfer of real property executed on or after January 1, 1979, a residential care facility that serves six or fewer persons shall be considered a residential use of property and a use of property by a single family, notwithstanding any disclaimers to the contrary. (d) Nothing in this chapter shall authorize the imposition of rent regulations or controls for licensed residential care facilities. (e) Licensed residential care facilities shall not be subject to controls on rent imposed by any state or local agency or other local government or entity. (Amended by Stats. 2014, Ch. 144, Sec. 33. (AB 1847) Effective January 1, 2015.)
1568.0832.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
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This section defines “bedridden” and sets when bedridden residents may be admitted or retained in residential care facilities, including notice and fire-safety conditions.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.0832. (a) (1) For purposes of this section, “bedridden” means requiring assistance in turning and repositioning in bed or being unable to independently transfer to and from bed, except in a facility with appropriate and sufficient care staff, mechanical devices, if necessary, and safety precautions, as determined by the director in regulations. (2) For purposes of this section, the status of being bedridden shall not include a temporary illness or recovery from surgery that persists for 14 days or less. (3) The determination of the bedridden status of persons with developmental disabilities shall be made by the Director of Social Services or his or her designated representative, in consultation with the Director of Developmental Services or his or her designated representative, after consulting the resident’s individual safety plan. The determination of the bedridden status of all other persons with disabilities who are not developmentally disabled shall be made by the Director of Social Services, or his or her designated representative. (b) A bedridden person may be admitted to, and remain in, a residential facility that secures and maintains an appropriate fire clearance. A fire clearance shall be issued to a facility in which one or more bedridden persons reside if either of the following conditions are met: (1) The fire safety requirements are met. Residents who are unable to independently transfer to and from bed, but who do not need assistance to turn or reposition in bed, shall be considered nonambulatory for purposes of this paragraph. (2) Alternative methods of protection are approved. (c) Notwithstanding paragraph (2) of subdivision (a), a bedridden resident may be retained in a residential care facility in excess of 14 days if all of the following conditions are met: (1) The facility notifies the department in writing that the person is recovering from a temporary illness or surgery. (2) The facility submits to the department, with the notification required in paragraph (1), a physician and surgeon’s written statement to the effect that the resident’s illness or recovery is of a temporary nature. The statement shall contain an estimated date upon which the illness or recovery is expected to end or upon which the resident is expected to no longer be confined to bed. (3) The department determines that the resident’s health and safety is adequately protected in the facility and that transfer to a higher level of care is not necessary. (4) This subdivision does not expand the scope of care and supervision of a residential care facility. (d) Notwithstanding the length of stay of a bedridden resident, every residential facility admitting or retaining a bedridden resident shall, within 48 hours of the resident’s admission or retention in the facility, notify the fire authority having jurisdiction over the bedridden resident’s location of the estimated length of time the resident will retain his or her bedridden status in the facility. (e) (1) The department and the Office of the State Fire Marshal, in consultation with the State Department of Developmental Services, shall each promulgate regulations that meet all of the following conditions: (A) Are consistent with this section. (B) Are applicable to facilities regulated under this chapter, consistent with the regulatory requirements of the California Building Standards Code for fire and life safety for the respective occupancy classifications into which the State Department of Social Services’ community care licensing classifications fall. (C) Permit residents to remain in homelike settings. (2) At a minimum, these regulations shall do both of the following with regard to a residential care facility that provides care for six or fewer residents, at least one of whom is bedridden: (A) Clarify the fire and life safety requirements for a fire clearance for the facility. (B) Identify procedures for requesting the approval of alternative means of providing equivalent levels of fire and life safety protection. Either the facility, the resident or resident’s representative, or local fire official may request from the Office of the State Fire Marshal a written opinion concerning the interpretation of the regulations promulgated by the State Fire Marshal pursuant to this section for a particular factual dispute. The State Fire Marshal shall issue the written opinion within 45 days following the request. (f) For facilities that care for six or fewer residents, a local fire official shall not impose fire safety requirements stricter than the fire safety regulations promulgated for the particular type of facility by the Office of the State Fire Marshal or the local fire safety requirements imposed on any other single family dwelling, whichever is more strict. (g) This section and any regulations promulgated thereunder shall be interpreted in a manner that provides flexibility to allow bedridden persons to avoid institutionalization and be admitted to, and safely remain in, community-based residential care facilities. (Amended by Stats. 2010, Ch. 211, Sec. 3. (AB 2629) Effective January 1, 2011.)
1568.09.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
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This section requires fingerprinting and criminal record clearance or exemption for certain people connected with residential care facilities for persons with chronic, life-threatening illness.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.09. It is the intent of the Legislature in enacting this section to require the electronic fingerprint images of those individuals whose contact with residents of residential care facilities for persons with a chronic, life-threatening illness may pose a risk to the residents’ health and safety. It is the intent of the Legislature, in enacting this section, to require the electronic fingerprint images of those individuals whose contact with community care clients may pose a risk to the clients’ health and safety. An individual shall be required to obtain either a criminal record clearance or a criminal record exemption from the State Department of Social Services before the individual’s initial presence in a residential care facility for persons with a chronic, life-threatening illness. (a) (1) Before and, as applicable, subsequent to issuing a license to a person or persons to operate or manage a residential care facility, the department shall secure from an appropriate law enforcement agency a criminal record to determine whether the applicant or any other person specified in subdivision (b) has ever been convicted of a crime other than an infraction or arrested for any crime specified in subdivision (c) of Section 290 of the Penal Code, or for violating Section 245, 273ab, or 273.5, subdivision (b) of Section 273a, or, prior to January 1, 1994, paragraph (2) of Section 273a, of the Penal Code, or for any crime for which the department is prohibited from granting a criminal record exemption pursuant to subdivision (f). (2) The criminal history information shall include the full criminal record, if any, of those persons, and subsequent arrest information pursuant to Section 11105.2 of the Penal Code. (3) The following shall apply to the criminal record information: (A) If the State Department of Social Services finds that the applicant or another person specified in subdivision (b), has been convicted of a crime, other than an infraction, the application shall be denied, unless the director grants an exemption pursuant to subdivision (f) of this section or Section 1522.7. (B) If the State Department of Social Services finds that the applicant, or another person specified in subdivision (b), is awaiting trial for a crime other than an infraction, the State Department of Social Services may cease processing the criminal record information until the conclusion of the trial. (C) If no criminal record information has been recorded, the Department of Justice shall provide the applicant and the State Department of Social Services with a statement of that fact. (D) If the State Department of Social Services finds after licensure that the licensee, or any other person specified in paragraph (2) of subdivision (b), has been convicted of a crime other than an infraction, the license may be revoked, unless the director grants an exemption pursuant to subdivision (f). (E) An applicant and any other person specified in subdivision (b) shall submit fingerprint images and related information to the Department of Justice and the Federal Bureau of Investigation, through the Department of Justice, for a state and federal level criminal offender record information search, in addition to the search required by this subdivision. If, after licensure, the department determines that the licensee or person specified in subdivision (b) has a criminal record, the license may be revoked pursuant to subdivision (a) of Section 1568.082. The department may also suspend the license pending an administrative hearing pursuant to subdivision (b) of Section 1568.082. (b) In addition to the applicant, this section shall be applicable to criminal record clearances and exemptions for the following persons: (1) Adults responsible for administration or direct supervision of staff of the facility. (2) A person, other than a resident, residing in the facility. (3) A person who provides resident assistance in dressing, grooming, bathing, or personal hygiene. A nurse assistant or home health aide meeting the requirements of Section 1338.5 or 1736.6, respectively, who is not employed, retained, or contracted by the licensee, and who has been certified or recertified on or after July 1, 1998, shall be deemed to meet the criminal record clearance requirements of this section. A certified nurse assistant and certified home health aide who will be providing client assistance and who falls under this exemption shall provide one copy of their current certification, prior to providing care, to the residential care facility for persons with a chronic, life-threatening illness. The facility shall maintain the copy of the certification on file as long as care is being provided by the certified nurse assistant or certified home health aide at the facility. This paragraph does not restrict the right of the department to exclude a certified nurse assistant or certified home health aide from a licensed residential care facility for persons with a chronic, life-threatening illness pursuant to Section 1568.092. (4) (A) A staff person, volunteer, or employee who has contact with the residents. (B) A volunteer shall be exempt from the requirements of this subdivision if the volunteer is a relative, significant other, or close friend of a client receiving care in the facility and the volunteer does not provide direct care and supervision of residents. A volunteer who provides direct care and supervision shall be exempt if the volunteer is a resident’s spouse, significant other, close friend, or family member and provides direct care and supervision to that resident only at the request of the resident. The department may define in regulations persons similar to those described in this subparagraph who may be exempt from the requirements of this subdivision. (5) If the applicant is a firm, partnership, association, or corporation, the chief executive officer or other person serving in that capacity. (6) Additional officers of the governing body of the applicant, or other persons with a financial interest in the applicant, as determined necessary by the department by regulation. The criteria used in the development of these regulations shall be based on the person’s capability to exercise substantial influence over the operation of the facility. (c) (1) (A) Subsequent to initial licensure, a person specified in subdivision (b) and not exempted from fingerprinting shall obtain either a criminal record clearance or an exemption from disqualification, pursuant to subdivision (f) of this section or Section 1522.7, from the State Department of Social Services prior to employment, residence, or initial presence in the facility. A person specified in subdivision (b) who is not exempt from fingerprinting shall be fingerprinted. The licensee shall submit fingerprint images and related information to the Department of Justice and the Federal Bureau of Investigation, through the Department of Justice, for a state and federal level criminal offender record information search, or to comply with paragraph (1) of subdivision (g), prior to the person’s employment, residence, or initial presence in the residential care facility. (B) These fingerprint images and related information shall be electronically submitted to the Department of Justice in a manner approved by the State Department of Social Services and the Department of Justice, for the purpose of obtaining a permanent set of fingerprints. A licensee’s failure to submit fingerprint images and related information to the Department of Justice, or to comply with paragraph (1) of subdivision (g), as required in this section, shall result in the citation of a deficiency and an immediate assessment of civil penalties in the amount of one hundred dollars ($100) per violation per day for a maximum of five days, unless the violation is a second or subsequent violation within a 12-month period in which case the civil penalties shall be in the amount of one hundred dollars ($100) per violation for a maximum of 30 days, and shall be grounds for disciplining the licensee pursuant to Section 1568.082. The State Department of Social Services may assess civil penalties for continued violations as allowed in Section 1568.0822. The fingerprint images and related information shall then be submitted to the Department of Justice for processing. The licensee shall maintain and make available for inspection documentation of the individual’s clearance or exemption. The department shall not require the person to disclose their criminal history information prior to receipt of live scan results. (2) A violation of the regulations adopted pursuant to Section 1522.04 shall result in the citation of a deficiency and an immediate assessment of civil penalties in the amount of one hundred dollars ($100) per violation per day for a maximum of five days, unless the violation is a second or subsequent violation within a 12-month period in which case the civil penalties shall be in the amount of one hundred dollars ($100) per violation for a maximum of 30 days, and shall be grounds for disciplining the licensee pursuant to Section 1568.082. The department may assess civil penalties for continued violations as permitted by Section 1568.0822. (3) Within 14 calendar days of the receipt of the fingerprint images, the Department of Justice shall notify the State Department of Social Services of the criminal record information, as provided for in this subdivision. If no criminal record information has been recorded, the Department of Justice shall provide the licensee and the State Department of Social Services with a statement of that fact within 14 calendar days of receipt of the fingerprint images. If new fingerprint images are required for processing, the Department of Justice shall, within 14 calendar days from the date of receipt of the fingerprint images, notify the licensee that the fingerprint images were illegible. The Department of Justice shall notify the department, as required by Section 1522.04, and shall notify the licensee by mail within 14 days of electronic transmission of the fingerprint images to the Department of Justice, if the person has no criminal history record. (4) Except for persons specified in paragraph (2) of subdivision (b), the licensee shall endeavor to ascertain the previous employment history of persons required to be fingerprinted under this subdivision. If it is determined by the State Department of Social Services, on the basis of the fingerprint images submitted to the Department of Justice, that the person has been convicted of a sex offense against a minor, an offense specified in Section 243.4, 273a, 273ab, 273d, 273g, or 368 of the Penal Code, or a felony, the department shall notify the licensee to act immediately to terminate the person’s employment, remove the person from the residential care facility, or bar the person from entering the residential care facility. The department may subsequently grant an exemption pursuant to subdivision (f). If the conviction was for another crime, except an infraction, the licensee shall, upon notification by the department, act immediately to either (A) terminate the person’s employment, remove the person from the residential care facility, or bar the person from entering the residential care facility; or (B) seek an exemption pursuant to subdivision (f). The department shall determine if the person shall be allowed to remain in the facility until a decision on the exemption is rendered. A licensee’s failure to comply with the department’s prohibition of employment, contact with clients, or presence in the facility as required by this paragraph shall result in a citation of deficiency and an immediate assessment of civil penalties by the department against the licensee, in the amount of one hundred dollars ($100) per violation per day for a maximum of five days, unless the violation is a second or subsequent violation within a 12-month period in which case the civil penalties shall be in the amount of one hundred dollars ($100) per violation for a maximum of 30 days, and shall be grounds for disciplining the licensee pursuant to Section 1568.082. (5) The department may issue an exemption on its own motion pursuant to subdivision (f) if the person’s criminal history indicates that the person is of good character based on the age, seriousness, and frequency of the conviction or convictions. The department, in consultation with interested parties, shall develop regulations to establish the criteria to grant an exemption pursuant to this paragraph. (6) Concurrently with notifying the licensee pursuant to paragraph (4), the department shall notify the affected individual of the right to seek an exemption pursuant to subdivision (f). The individual may seek an exemption only if the licensee terminates the person’s employment or removes the person from the facility after receiving notice from the department pursuant to paragraph (4). (d) (1) For purposes of this section or any other provision of this chapter, a conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere. An action that the department is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, when the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of the sentence, notwithstanding a subsequent order pursuant to Sections 1203.4 and 1203.4a of the Penal Code permitting that person to withdraw their plea of guilty and to enter a plea of not guilty, setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. For purposes of this chapter, the record of a conviction, or a copy thereof certified by the clerk of the court or by a judge of the court in which the conviction occurred, shall be conclusive evidence of the conviction. For purposes of this section or any other provision of this chapter, the arrest disposition report certified by the Department of Justice, or documents admissible in a criminal action pursuant to Section 969b of the Penal Code, shall be prima facie evidence of the conviction, notwithstanding any other provision of law prohibiting the admission of these documents in a civil or administrative action. (2) For purposes of this section or any other provision of this chapter, the department shall consider criminal convictions from another state or federal court as if the criminal offense was committed in this state. (e) (1) The State Department of Social Services shall not use a record of arrest to deny, revoke, or terminate any application, license, employment, or residence unless the department investigates the incident and secures evidence, whether or not related to the incident of arrest, that is admissible in an administrative hearing to establish conduct by the person that may pose a risk to the health and safety of any person who is or may become a client. (2) The department shall not issue a criminal record clearance to a person who has been arrested for any crime specified in Section 290 of the Penal Code, for violating Section 245, 273ab, or 273.5, or subdivision (b) of Section 273a, of the Penal Code, or, prior to January 1, 1994, paragraph (2) of Section 273a of the Penal Code, or for any crime for which the department is prohibited from granting a criminal record exemption pursuant to subdivision (f), prior to the department’s completion of an investigation pursuant to paragraph (1). (3) The State Department of Social Services is authorized to obtain arrest or conviction records or reports from a law enforcement agency as necessary to the performance of its duties to inspect, license, and investigate community care facilities and individuals associated with a community care facility. (f) (1) After review of the record, the director may grant an exemption from disqualification for a license as specified in paragraphs (1) and (4) of subdivision (a), or for employment, residence, or presence in a residential care facility as specified in paragraphs (4), (5), and (6) of subdivision (c) if the director has substantial and convincing evidence to support a reasonable belief that the applicant and the person convicted of the crime, if other than the applicant, are of such good character as to justify issuance of the license or special permit or granting an exemption for purposes of subdivision (c). However, an exemption shall not be granted pursuant to this subdivision if the conviction was for any of the following offenses: (A) An offense specified in Section 220, 243.4, or 264.1, subdivision (a) of Section 273a, or, prior to January 1, 1994, paragraph (1) of Section 273a, Section 273ab, 273d, 288, or 289, subdivision (c) of Section 290, or Section 368, of the Penal Code, or was a conviction of another crime against an individual specified in subdivision (c) of Section 667.5 of the Penal Code. (B) A felony offense specified in Section 729 of the Business and Professions Code or Section 206 or 215, subdivision (a) of Section 347, subdivision (b) of Section 417, or subdivision (a) of Section 451 of the Penal Code. (2) The department shall not prohibit a person from being employed or having contact with clients in a facility on the basis of a denied criminal record exemption request or arrest information unless the department complies with Section 1568.092. (g) (1) For purposes of compliance with this section, the department may permit an individual to transfer a current criminal record clearance, as defined in subdivision (a), from one facility to another, as long as the criminal record clearance has been processed through a state licensing district office, and is being transferred to another facility licensed by a state licensing district office. The request shall be submitted to the department on a form provided by the department or submitted via the department’s secure online portal. Upon request of the licensee, who shall verify the individual’s identity, the department shall verify whether the individual has a clearance that can be transferred. (2) The State Department of Social Services shall hold criminal record clearances in its active files for a minimum of two years after an employee is no longer employed at a licensed facility in order for the criminal record clearance to be transferred. (h) If a licensee or facility is required by law to deny employment or to terminate employment of any employee based on written notification from the state department that the employee has a prior criminal conviction or is determined unsuitable for employment under Section 1568.092, the licensee or facility shall not incur civil liability or unemployment insurance liability as a result of that denial or termination. (i) (1) The Department of Justice shall charge a fee sufficient to cover its cost in providing services to comply with the 14-day requirement contained in subdivision (c) for provision to the department of criminal record information. (2) Paragraph (1) shall cease to be implemented when the department adopts emergency regulations pursuant to Section 1522.04, and shall become inoperative when permanent regulations are adopted under that section. (j) Notwithstanding any other law, the department may provide an individual with a copy of their state or federal level criminal offender record information search response as provided to that department by the Department of Justice if the department has denied a criminal background clearance based on this information and the individual makes a written request to the department for a copy specifying an address to which it is to be sent. The state or federal level criminal offender record information search response shall not be modified or altered from its form or content as provided by the Department of Justice and shall be provided to the address specified by the individual in their written request. The department shall retain a copy of the individual’s written request and the response and date provided. (Amended by Stats. 2022, Ch. 614, Sec. 2.5. (SB 1093) Effective January 1, 2023.)
1568.092.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
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The department may exclude certain people from facility roles or contact, require immediate removal in urgent cases, and must follow appeal and hearing steps.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.092. (a) The department may prohibit any person from being a member of the board of directors, an executive director, or an officer of a licensee or a licensee from employing, or continuing the employment of, or allowing in a licensed facility, or allowing contact with clients of a licensed facility by, any employee, prospective employee, or person who is not a client who has: (1) Violated, aided, or permitted the violation by any other person of this chapter or of any rules or regulations adopted under this chapter. (2) Engaged in conduct that is inimical to the health, welfare, or safety of either an individual, in or receiving services from the facility, or the people of the State of California. (3) Been denied an exemption to work or to be present in a facility, when that person has been convicted of a crime as defined in Section 1568.09. (4) Engaged in any other conduct that would constitute a basis for disciplining a licensee. (5) Engaged in acts of financial malfeasance concerning the operation of a facility, including, but not limited to, improper use or embezzlement of client moneys and property or fraudulent appropriation for personal gain of facility moneys and property, or willful or negligent failure to provide services. (b) The excluded person, the facility, and the licensee shall be given written notice of the basis of the action of the department and of the right to an appeal of the excluded person. The notice shall be served either by personal service or by registered mail. Within 15 days after the department serves the notice, the excluded person may file with the department a written appeal of the exclusion order. If the excluded person fails to file a written appeal within the prescribed time, the action of the department shall be final. (c) (1) The department may require the immediate removal of an executive director, a board member, or an officer of a licensee or exclusion of an employee, prospective employee, or person who is not a client from a facility pending a final decision of the matter when, in the opinion of the director, the action is necessary to protect residents or clients from physical or mental abuse, abandonment, or any other substantial threat to their health or safety. (2) If the department requires the immediate removal of a member of the board of directors, an executive director, or an officer of a licensee or exclusion of an employee, prospective employee, or person who is not a client from a facility, the department shall serve an order of immediate exclusion upon the excluded person that shall notify the excluded person of the basis of the department’s action and of the excluded person’s right to a hearing. (3) Within 15 days after the department serves an order of immediate exclusion, the excluded person may file a written appeal of the exclusion with the department. The department’s action shall be final if the excluded person does not appeal the exclusion within the prescribed time. The department shall do the following upon receipt of a written appeal: (A) Within 30 days of receipt of the appeal, serve an accusation upon the excluded person. (B) Within 60 days of receipt of a notice of defense by the excluded person pursuant to Section 11506 of the Government Code, conduct a hearing on the accusation. (4) An order of immediate exclusion of the excluded person from the facility shall remain in effect until the hearing is completed and the department has made a final determination on the merits. However, the order of immediate exclusion shall be deemed vacated if the department fails to make a final determination on the merits within 60 days after the original hearing has been completed. (d) An excluded person who files a written appeal of the exclusion order with the department pursuant to this section shall, as part of the written request, provide their current mailing address. The excluded person shall subsequently notify the department in writing of any change in mailing address, until the hearing process has been completed or terminated. (e) Hearings held pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Division 3 of Title 2 of the Government Code. The standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department. (f) The department may institute or continue a disciplinary proceeding against a member of the board of directors, an executive director, or an officer of a licensee or an employee, prospective employee, or person who is not a client upon any ground provided by this section. The department may enter an order prohibiting any person from being a member of the board of directors, an executive director, or an officer of a licensee or prohibiting the excluded person’s employment or presence in the facility, or otherwise take disciplinary action against the excluded person, notwithstanding any resignation, withdrawal of employment application, or change of duties by the excluded person, or any discharge, failure to hire, or reassignment of the excluded person by the licensee or that the excluded person no longer has contact with clients at the facility. (g) A licensee’s failure to comply with the department’s exclusion order after being notified of the order shall be grounds for disciplining the licensee pursuant to Section 1568.082. (h) (1) (A) In cases in which the excluded person appealed the exclusion order and there is a decision and order of the department upholding the exclusion order, the person shall be prohibited from working in any facility or being licensed to operate any facility licensed by the department or from being a certified foster parent or resource family for the remainder of the excluded person’s life, unless otherwise ordered by the department. (B) The excluded individual may petition for reinstatement one year after the effective date of the decision and order of the department upholding the exclusion order pursuant to Section 11522 of the Government Code. The department shall provide the excluded person with a copy of Section 11522 of the Government Code with the decision and order. (2) (A) In cases in which the department informed the excluded person of their right to appeal the exclusion order and the excluded person did not appeal the exclusion order, the person shall be prohibited from working in any facility or being licensed to operate any facility licensed by the department or a certified foster parent or resource family for the remainder of the excluded person’s life, unless otherwise ordered by the department. (B) The excluded individual may petition for reinstatement after one year has elapsed from the date of the notification of the exclusion order pursuant to Section 11522 of the Government Code. The department shall provide the excluded person with a copy of Section 11522 of the Government Code with the exclusion order. (i) For purposes of this section, exclusion, as specified in subdivision (a), shall include exclusion from the home of a resource family, as defined in Section 1517 of this code and Section 16519.5 of the Welfare and Institutions Code. (Amended by Stats. 2019, Ch. 777, Sec. 14. (AB 819) Effective January 1, 2020.)
1568.093.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
Verify source ↗

The department must remove certain people from licensed facility leadership roles if their prior license, approval, or application history meets the listed conditions; it may also decide not to exclude them if the problems were corrected or no longer exist.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.093. (a) (1) If the department determines that a person was issued a license under this chapter, Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with Section 1250), Chapter 3 (commencing with Section 1500), Chapter 3.2 (commencing with Section 1569), Chapter 3.3 (commencing with Section 1570), Chapter 3.4 (commencing with Section 1596.70), Chapter 3.5 (commencing with Section 1596.90), or Chapter 3.6 (commencing with Section 1597.30), or that the applicant previously was approved as a resource family under Article 2 (commencing with Section 16519.5) of Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions Code, and the prior license was revoked or prior approval was rescinded within the preceding two years, the department shall exclude the person from, and remove the person from the position of a member of the board of directors, an executive director, or an officer of a licensee of, any facility licensed by the department pursuant to the chapter. (2) If the department determines that a person previously was issued a certificate of approval by a foster family agency that was revoked or rescinded by the department pursuant to subdivision (d) of Section 1517 or subdivision (b) of Section 1534 within the preceding two years, the department shall exclude the person from, and remove the person from the position of a member of the board of directors, an executive director, or an officer of a licensee of, any facility licensed by the department pursuant to this chapter. (b) If the department determines that the person had previously applied for a license under this chapter or under Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with Section 1250), Chapter 3 (commencing with Section 1500), Chapter 3.2 (commencing with Section 1569), Chapter 3.3 (commencing with Section 1570), Chapter 3.4 (commencing with Section 1596.70), Chapter 3.5 (commencing with Section 1596.90), or Chapter 3.6 (commencing with Section 1597.30), or that the person previously applied for resource family approval under Article 2 (commencing with Section 16519.5) of Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions Code, and the application was denied within the last year, the department shall exclude the person from, and remove the person from the position of a member of the board of directors, an executive director, or an officer of a licensee of, any facility licensed by the department pursuant to this chapter and as follows: (1) In cases in which the applicant petitioned for a hearing, the department shall exclude the person from, and remove the person from the position of a member of the board of directors, an executive director, or an officer of a licensee of, any facility licensed by the department pursuant to this chapter until one year has elapsed from the effective date of the decision and order of the department upholding a denial. (2) In cases in which the department or county informed the applicant of the right to petition for a hearing and the applicant did not petition for a hearing, the department shall exclude the person from, and remove the person from the position of a member of the board of directors, an executive director, or an officer of a licensee of, any facility licensed by the department pursuant to this chapter until one year has elapsed from the date of the notification of the denial and the right to petition for a hearing. (c) If the department determines that the person had previously applied for a certificate of approval with a foster family agency, and the department ordered the foster family agency to deny the application pursuant to subdivision (d) of Section 1517 or subdivision (b) of Section 1534, the department shall exclude the person from, and remove the person from the position of a member of the board of directors, an executive director, or an officer of a licensee of, any facility licensed by the department pursuant to this chapter and as follows: (1) In cases in which the applicant petitioned for a hearing, the department shall exclude the person from, and remove the person from the position of a member of the board of directors, an executive director, or an officer of a licensee of, any facility licensed by the department pursuant to this chapter until one year has elapsed from the effective date of the decision and order of the department upholding a denial. (2) In cases in which the department informed the applicant of the right to petition for a hearing and the applicant did not petition for a hearing, the department shall exclude the person from, and remove the person from the position of a member of the board of directors, an executive director, or an officer of a licensee of, any facility licensed by the department pursuant to this chapter until one year has elapsed from the date of the notification of the denial and the right to petition for a hearing. (d) Exclusion or removal of an individual pursuant to this section shall not be considered an order of exclusion for purposes of Section 1568.092 of this code, Section 16519.6 of the Welfare and Institutions Code, or any other law. (e) The department may determine not to exclude the person from, and remove the person from being a member of the board of directors, an executive director, or an officer of a licensee of, any facility licensed by the department pursuant to this chapter if it has determined that the reasons for the denial of the application or revocation of the facility license or certificate of approval, or the denial or rescission of resource family approval, were due to circumstances and conditions that either have been corrected or are no longer in existence. (f) For purposes of this section, exclusion from a licensed facility shall include exclusion from a resource family, as defined in Section 1517 of this code and Section 16519.5 of the Welfare and Institutions Code. The exclusion of a resource family or an applicant for resource family approval pursuant to this section shall only be imposed as set forth in the written directives or regulations adopted pursuant to Section 16519.5 of the Welfare and Institutions Code. (Amended by Stats. 2020, Ch. 104, Sec. 12. (AB 2944) Effective September 18, 2020.)
1568.094.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. )
Verify source ↗

The department must make an unannounced visit to a facility within 30 days after serving an immediate exclusion order, unless it has already verified the excluded person is not there.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 1. General Provisions [1568.01 - 1568.094] ( Article 1 heading added by Stats. 2019, Ch. 840, Sec. 2. ) ## 1568.094. The department shall conduct an unannounced visit to a facility within 30 days after the department serves an order of immediate exclusion from the facility upon the licensee or a person subject to immediate removal or exclusion from the facility pursuant to paragraph (4) of subdivision (c) of Section 1568.09 and subdivision (c) of Section 1568.092 in order to ensure that the excluded person is not within the facility, unless the department previously has verified that the excluded person is not within the facility. (Added by Stats. 2008, Ch. 291, Sec. 13. Effective September 25, 2008.)
1568.095.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 2. Firearms, Ammunition, and Deadly Weapons [1568.095 - 1568.099] ( Article 2 added by Stats. 2019, Ch. 840, Sec. 3. )
Verify source ↗

Facilities are not required to accept, store, or keep firearms or ammunition; the department must issue implementing regulations.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 2. Firearms, Ammunition, and Deadly Weapons [1568.095 - 1568.099] ( Article 2 added by Stats. 2019, Ch. 840, Sec. 3. ) ## 1568.095. (a) This article does not require a facility to accept, store, or retain firearms or ammunition. (b) The department shall promulgate regulations to implement this article. (c) Until regulations are adopted, the department may implement and administer the provisions of this article through the issuance of written directives that have the same force and effect as regulations. The directives shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Added by Stats. 2019, Ch. 840, Sec. 3. (SB 172) Effective January 1, 2020.)
1568.096.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 2. Firearms, Ammunition, and Deadly Weapons [1568.095 - 1568.099] ( Article 2 added by Stats. 2019, Ch. 840, Sec. 3. )
Verify source ↗

This section defines key terms used in the article, including firearm, ammunition, antique firearm, deadly weapon, and facility.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 2. Firearms, Ammunition, and Deadly Weapons [1568.095 - 1568.099] ( Article 2 added by Stats. 2019, Ch. 840, Sec. 3. ) ## 1568.096. As used in this article, the following terms have the following meanings: (a) “Firearm” means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion, including the frame or receiver of the device. (b) “Ammunition” means one or more loaded cartridges consisting of a primed case, propellant, and with one or more projectiles. “Ammunition” does not include blanks. (c) “Antique firearm” has the same meaning as set forth, and has the same meaning as, in Section 921(a)(16) of Title 18 of the United States Code. (d) “Deadly weapon” means any of the following: (1) Any weapon, the possession or concealed carrying of which is prohibited by Section 16590 of the Penal Code. (2) A destructive device, as defined in Section 16460 of the Penal Code. (e) “Facility” means a residential care facility for persons with chronic life-threatening illness licensed by the State Department of Social Services, Community Care Licensing Division. (Added by Stats. 2019, Ch. 840, Sec. 3. (SB 172) Effective January 1, 2020.)
1568.097.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 2. Firearms, Ammunition, and Deadly Weapons [1568.095 - 1568.099] ( Article 2 added by Stats. 2019, Ch. 840, Sec. 3. )
Verify source ↗

If a licensee lets residents keep firearms on the facility premises, the licensee must centrally store residents’ and the licensee’s firearms and ammunition, with firearms unloaded in a locked gun safe and ammunition stored separately in a different locked location.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 2. Firearms, Ammunition, and Deadly Weapons [1568.095 - 1568.099] ( Article 2 added by Stats. 2019, Ch. 840, Sec. 3. ) ## 1568.097. A licensee that permits residents to possess firearms on the facility premises shall do all of the following: (a) Accept and centrally store a resident’s firearm, ammunition, or both. (b) Retain and centrally store a licensee’s firearm, ammunition, or both. (c) Resident’s and licensees’ firearms, ammunition, or both shall be centrally stored in the facility and in the following manner: (1) Firearms shall be centrally stored unloaded, in a locked gun safe, that meets the regulatory standards established by the Department of Justice in Section 4100 of Title 11 of the California Code of Regulations. (2) Ammunition shall be centrally stored separately in a locked location different from firearms. (Added by Stats. 2019, Ch. 840, Sec. 3. (SB 172) Effective January 1, 2020.)
1568.098.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 2. Firearms, Ammunition, and Deadly Weapons [1568.095 - 1568.099] ( Article 2 added by Stats. 2019, Ch. 840, Sec. 3. )
Verify source ↗

A licensee in a residential care facility generally may not accept, keep, or store specified deadly weapons or firearms, with limited exceptions tied to registration status and antique firearms.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01 - 1568.099] ( Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5. ) ## ARTICLE 2. Firearms, Ammunition, and Deadly Weapons [1568.095 - 1568.099] ( Article 2 added by Stats. 2019, Ch. 840, Sec. 3. ) ## 1568.098. (a) A licensee shall not accept, retain, or store any deadly weapon, as defined in Section 1568.096, of a resident or licensee. (b) A licensee shall not accept, retain, or store any of the following firearms owned or possessed by a resident or licensee: (1) A firearm regulated pursuant to Chapter 1 (commencing with Section 18710) of Division 5 of Title 2 of Part 6 of the Penal Code. (2) A firearm regulated pursuant to Chapter 2 (commencing with Section 30500) of Division 10 of Title 4 of Part 6 of the Penal Code. (3) A firearm regulated pursuant to Chapter 6 (commencing with Section 32610) of Division 10 of Title 4 of Part 6 of the Penal Code. (4) A firearm regulated pursuant to Article 2 (commencing with Section 33300) of Chapter 8 of Division 10 of Title 4 of Part 6 of the Penal Code. (c) The licensee shall not accept, retain, or store a firearm required to be registered with the Department of Justice pursuant to Section 29180 of the Penal Code unless it verifies it is in fact registered with the Department of Justice pursuant to Section 29180 of the Penal Code. (d) The licensee may accept, retain, or store a firearm that is otherwise required to be registered with the Department of Justice pursuant to Section 29180 of the Penal Code but which is exempt from the registration requirements because it was entered into the centralized registry set forth in Section 11106 of the Penal Code prior to July 1, 2018, as being owned by a specific individual or entity if that firearm has assigned to it a distinguishing number or mark of identification because the department accepted entry of that firearm into the centralized registry. (e) Commencing July 1, 2021, unless it is an antique firearm, the licensee shall not accept, retain, or store a firearm unless the owner of the firearm provides to the licensee documentation that the person is listed with the Department of Justice pursuant to Section 11106 of the Penal Code as the registered owner of that firearm. (Added by Stats. 2019, Ch. 840, Sec. 3. (SB 172) Effective January 1, 2020.)
1568.15.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.1. Alzheimer’s Day Care-Resource Centers Act [1568.15 - 1568.17] ( Heading of Chapter 3.1 renumbered from Chapter 3.3 (as amended by Stats. 1987, Ch. 947) by Stats. 1988, Ch. 160, Sec. 90. )
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The Secretary of California Health and Human Services must oversee and coordinate programs for people living with Alzheimer’s disease and related disorders and their families.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.1. Alzheimer’s Day Care-Resource Centers Act [1568.15 - 1568.17] ( Heading of Chapter 3.1 renumbered from Chapter 3.3 (as amended by Stats. 1987, Ch. 947) by Stats. 1988, Ch. 160, Sec. 90. ) ## 1568.15. The Secretary of California Health and Human Services shall be responsible for the oversight and coordination of programs serving people living with Alzheimer’s disease and related disorders and their families. This responsibility shall include, but not be limited to: (a) State level support and assistance to all programs within the Health and Human Services Agency and member departments developed for this target population. (b) Establishment of the Alzheimer’s Disease and Related Disorders Advisory Committee pursuant to Section 1568.17. (c) Review of the recommendations contained in the 1987 California Alzheimer’s Disease Task Force Report and subsequent state plans, in consultation with appropriate state departments and the Alzheimer’s Disease and Related Disorders Advisory Committee. (Amended by Stats. 2008, Ch. 339, Sec. 2. Effective January 1, 2009.)
1568.17.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.1. Alzheimer’s Day Care-Resource Centers Act [1568.15 - 1568.17] ( Heading of Chapter 3.1 renumbered from Chapter 3.3 (as amended by Stats. 1987, Ch. 947) by Stats. 1988, Ch. 160, Sec. 90. )
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The agency must establish an Alzheimer’s advisory committee with 17 to 21 members, and the committee must meet quarterly and keep its meetings public.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.1. Alzheimer’s Day Care-Resource Centers Act [1568.15 - 1568.17] ( Heading of Chapter 3.1 renumbered from Chapter 3.3 (as amended by Stats. 1987, Ch. 947) by Stats. 1988, Ch. 160, Sec. 90. ) ## 1568.17. (a) The California Health and Human Services Agency shall establish an Alzheimer’s Disease and Related Conditions Advisory Committee representing the diversity of California and that consists of at least 17, but not more than 21, members, which shall include, but not be limited to, all of the following: (1) One representing the field of academic medical research. (2) One representing the field of social research. (3) One representing the field of behavioral health. (4) One representing organizations providing adult day care services focused on persons living with Alzheimer’s disease or related conditions. (5) One representing the California Alzheimer’s Disease Centers. (6) Two representing families of persons directly affected by Alzheimer’s disease or related conditions. (7) Two representing organizations providing services to persons living with Alzheimer’s disease or related conditions. (8) One representing a consumer organization representing persons with Alzheimer’s disease or related conditions. (9) One representing a member of the State Bar who is familiar with the legal issues confronting those living with Alzheimer’s disease or related conditions and their families. (10) Two people who have been diagnosed with Alzheimer’s disease or a related condition. (11) The Executive Director of the California Commission on Aging or the director’s designee. (12) The Secretary of California Health and Human Services or their designee. (13) Two ex officio, nonvoting members, consisting of one Senator appointed by the Senate Committee on Rules and one Member of the Assembly appointed by the Speaker of the Assembly. These members shall participate in the activities of the committee to the extent that their participation is not incompatible with their respective positions as Members of the Legislature. (14) Up to four additional members selected by the Secretary of California Health and Human Services. (b) Members described in paragraphs (1) to (11), inclusive, and paragraph (14), of subdivision (a) shall serve at the pleasure of the Secretary of California Health and Human Services. Members described in paragraph (13) of subdivision (a) shall serve at the pleasure of their appointing authority. The agency secretary may establish fixed terms for advisory committee membership. For purposes of continuity, those terms shall be staggered. (c) Members shall serve without compensation, but shall receive reimbursement for travel and other necessary expenses actually incurred in the performance of their official duties. (d) The Alzheimer’s Disease and Related Conditions Advisory Committee shall do all of the following: (1) Provide ongoing advice and assistance to the administration and the Legislature as to the program needs and priorities of the target population. (2) Provide planning support to the administration and the Legislature by tracking, monitoring, and considering recommendations made in the final report of the Governor’s Task Force on Alzheimer’s (Disease) Prevention and Preparedness, and the California Master Plan for Aging, in addition to other state plans and reports, including the California State Plan for Alzheimer’s Disease, as needed. (3) Appoint a chairperson and vice chairperson. (4) Meet quarterly. (e) The Alzheimer’s Disease and Related Conditions Advisory Committee shall do all of the following when making policy and plan recommendations: (1) Consult with a broad range of stakeholders, including, but not limited to, people diagnosed with Alzheimer’s disease or related conditions, family members or informal caregivers, community-based and institutional providers, Alzheimer’s disease or related conditions researchers and academicians, direct care workforce, the Alzheimer’s Association, the California Commission on Aging, and other state entities. (2) Consider cultural and linguistic factors that impact persons with Alzheimer’s disease or related conditions and their families who are from diverse communities. (3) Review current state policies and practices concerning care and treatment related to Alzheimer’s disease and other related conditions, as well as risk reduction, and develop recommendations concerning all of the following issues: (A) Community-based support for California’s racially, ethnically, culturally, and linguistically diverse people living with Alzheimer’s disease or related conditions and their family members or informal caregivers. (B) Choices for care and residence for persons with Alzheimer’s disease or related conditions and their families. (C) An integrated public health care management approach to Alzheimer’s disease or related conditions in health care settings that makes full use of dementia care practices. (D) The dementia training and competence of health care professionals. (E) Risk reduction, early identification, and intervention through increasing public awareness of Alzheimer’s disease and related conditions, as well as brain health. (f) All meetings of the advisory committee, and any subcommittees thereof, shall be open to the public and adequate notice shall be provided in accordance with Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2024, Ch. 335, Sec. 1.5. (AB 2680) Effective January 1, 2025.)
1568.21.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.15. Medical Foster Homes for Veterans [1568.21 - 1568.40] ( Chapter 3.15 added by Stats. 2022, Ch. 381, Sec. 2. )
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This section defines key terms used in the chapter on medical foster homes for veterans and requires the licensee, applicant, and medical foster home caregiver to be the same person.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.15. Medical Foster Homes for Veterans [1568.21 - 1568.40] ( Chapter 3.15 added by Stats. 2022, Ch. 381, Sec. 2. ) ## 1568.21. The following definitions shall apply for purposes of this chapter: (a) “Activities of daily living” has the same meaning as that term is defined in Section 17.62 of Title 38 of the Code of Federal Regulations. (b) “Care and supervision” means the medical foster home for veterans licensee assumes responsibility for, or provides or promises to provide in the future, ongoing assistance with activities of daily living without which a veteran resident’s physical health, mental health, safety, or welfare would be endangered. Assistance includes assistance with taking medications, money management, or personal care. (c) “Department” means the State Department of Social Services. (d) “License” means a basic permit to operate a medical foster home for veterans. (e) “Medical foster home for veterans” has the same meaning as medical foster home as defined in Section 17.73 of Title 38 of the Code of Federal Regulations. (f) “Medical foster home caregiver” means the primary person who provides care to a veteran resident in a medical foster home for veterans. The licensee, applicant, and the medical foster home caregiver shall be the same person. This definition does not include other individuals who provide relief care services to the veteran resident. (g) “Relief caregiver” means a person who provides relief care services to the veteran resident on behalf of the medical foster home caregiver. This person may be employed by the medical foster home caregiver. (h) “Veteran resident” has the same meaning as that term is defined in Section 17.73 of Title 38 of the Code of Federal Regulations. (Added by Stats. 2022, Ch. 381, Sec. 2. (AB 2119) Effective January 1, 2023.)
1568.22.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.15. Medical Foster Homes for Veterans [1568.21 - 1568.40] ( Chapter 3.15 added by Stats. 2022, Ch. 381, Sec. 2. )
Verify source ↗

The department may create a medical foster home for veterans program in California no earlier than July 1, 2024. Homes in the program must meet federal and state licensing requirements and provide requested data to the department.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.15. Medical Foster Homes for Veterans [1568.21 - 1568.40] ( Chapter 3.15 added by Stats. 2022, Ch. 381, Sec. 2. ) ## 1568.22. (a) The department may establish a medical foster home for veterans program in California pursuant to this chapter no sooner than July 1, 2024. (b) A medical foster home for veterans established pursuant to that program is subject to licensure and regulation by the department and shall satisfy all of the following requirements: (1) Comply with Sections 17.61 to 17.74, inclusive, of Title 38 of the Code of Federal Regulations. (2) Meet the licensing standards set forth in this chapter, comply with the rules, regulations, and written directives adopted pursuant to this chapter, and comply with other applicable laws to maintain licensure. (3) Agree to be subject to the jurisdiction of the department for the purpose of evaluating the program created under this chapter. Consistent with this agreement, the medical foster home for veterans licensee shall provide data, information, and case files to the department upon request. (c) The department shall develop criteria to evaluate how the medical foster home benefits veteran residents. (Added by Stats. 2022, Ch. 381, Sec. 2. (AB 2119) Effective January 1, 2023.)
1568.23.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.15. Medical Foster Homes for Veterans [1568.21 - 1568.40] ( Chapter 3.15 added by Stats. 2022, Ch. 381, Sec. 2. )
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A person may not operate a medical foster home for veterans without a current valid license, and the license cannot be transferred or sold for commercial purposes.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.15. Medical Foster Homes for Veterans [1568.21 - 1568.40] ( Chapter 3.15 added by Stats. 2022, Ch. 381, Sec. 2. ) ## 1568.23. (a) No person shall operate, establish, manage, conduct, or maintain a medical foster home for veterans in this state without a current valid license, as provided in this chapter. (b) A license is not transferable. No license issued pursuant to this chapter shall have any property value for sale or exchange purposes, and no person, including any owner, agent, or broker, shall sell or exchange any license for any commercial purpose. (c) A medical foster home for veterans shall not be licensed to operate a community care facility, as defined in Section 1502, a residential care facility for the elderly, as defined in Section 1569.2, a residential care facility for persons with chronic, life-threatening illnesses, as defined in Section 1568.01, or a child day care facility, as defined in Section 1596.750, on the same premises used as the residence of the medical foster home for veterans. (d) This chapter applies only to community residential care facilities for veterans that have been approved by the United States Department of Veterans Affairs in accordance with Section 17.63 of Title 38 of the Code of Federal Regulations. (e) Whether unrelated persons are living together, a medical foster home for veterans shall be considered a residential use of property for the purposes of this chapter. In addition, the veteran residents and licensee of the home shall be considered a family for the purposes of any law or zoning ordinance that relates to the residential use of property pursuant to this chapter. (f) No conditional use permit, zoning variance, or other zoning clearance shall be required of a medical foster home for veterans that is not required of a family dwelling of the same type in the same zone. (Amended by Stats. 2023, Ch. 131, Sec. 102. (AB 1754) Effective January 1, 2024.)
1568.24.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.15. Medical Foster Homes for Veterans [1568.21 - 1568.40] ( Chapter 3.15 added by Stats. 2022, Ch. 381, Sec. 2. )
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A person seeking a medical foster home for veterans license must apply to the department and provide required information; the department may deny, stop reviewing, revoke, or issue the license depending on compliance and completeness.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.15. Medical Foster Homes for Veterans [1568.21 - 1568.40] ( Chapter 3.15 added by Stats. 2022, Ch. 381, Sec. 2. ) ## 1568.24. (a) A person seeking a license for a medical foster home for veterans under this chapter shall file with the department, pursuant to rules, regulations, and written directives, an application that shall include, but not be limited to, all of the following: (1) Evidence satisfactory to the department of the applicant’s ability to comply with this chapter and the rules, regulations, and written directives adopted pursuant this chapter. (2) Evidence satisfactory to the department that the applicant remains in good standing with the United States Department of Veterans Affairs. (3) Evidence satisfactory to the department that the applicant is of reputable and responsible character. The evidence shall include, but not be limited to, a criminal record clearance, employment history, and character references. (4) Evidence satisfactory to the department that the applicant has sufficient financial resources to maintain the standards of service required by the rules, regulations, and written directives adopted pursuant to this chapter. (5) Disclosure of the applicant’s prior or present service as a licensee, administrator, general partner, corporate officer or director of, or as a person who has held or holds a beneficial ownership of 10 percent or more in a residential care facility or in a clinic or facility licensed pursuant to Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with Section 1250), Chapter 3 (commencing with Section 1500), Chapter 3.01 (commencing with Section 1568.01), Chapter 3.2 (commencing with Section 1569), Chapter 3.3 (commencing with Section 1570), or Chapter 3.4 (commencing with Section 1596.70). (6) Disclosure of any revocation or other disciplinary action taken, or in the process of being taken, against a license held or previously held by the entities specified in paragraph (5). (7) Disclosure of any revocation, or any revocation action in process, against a license or certification previously held or held by a licensed or certified health care professional. (8) Any other information as may be required by the department for the proper administration and enforcement of this chapter. (b) Failure of the applicant to cooperate with the department in the completion of the application may result in the denial of the application. Failure to cooperate means that the information described in this section and in the rules, regulations, and written directives adopted pursuant to this chapter has not been provided or has not been provided in the form requested by the department. (c) The information required by this section shall be provided to the department upon initial application for licensure, and a change in the information shall be provided to the department within 30 calendar days of that change unless a shorter timeframe is required by the department. (d) The department may deny an application for licensure or may subsequently revoke a license issued under this chapter if the applicant knowingly withheld material information or made a false statement of material fact with regard to information that was required by the application for licensure. (e) The department shall notify the applicant in writing of its decision within 60 days of receipt of all information from the applicant and other sources determined necessary by the department for the rendering of a decision pursuant to this section. (f) The department may cease further review of an application if, after written notice to the applicant, the applicant fails to complete an application without good faith effort and within 30 days of the date of the notice, as specified in the rules, regulations, and written directives adopted pursuant to this chapter. (g) An applicant who withdraws an application prior to its approval or denial may resubmit the application within 12 months after the withdrawal. The cessation of an application review pursuant to this section shall not constitute a denial of the application for purposes of this section or any other law. (h) An application fee of eighty-eight dollars ($88) shall be charged by the department for the issuance of a license. The fees are for the purpose of financing the activities specified in this chapter. (i) Upon the complete filing of the application for issuance of a license, the department shall contact the applicant to arrange a time for the department to conduct a prelicensure inspection. (j) Upon the complete filing of the application for issuance of a license and substantial compliance with this chapter and the rules, regulations, and written directives adopted pursuant to this chapter, the department may issue a license to the applicant to operate a medical foster home for veterans. If the department finds that the applicant is not in compliance with this chapter or the rules, regulations, or written directives adopted pursuant to this chapter, the department shall deny the applicant a license. (k) Immediately upon the denial of an application for a license, the department shall notify the applicant in writing. Within 15 days after the department mails a notice of denial, the applicant may present their written petition for a hearing to the department. Upon receipt by the department of the petition in proper form, the petition shall be set for hearing. (Added by Stats. 2022, Ch. 381, Sec. 2. (AB 2119) Effective January 1, 2023.)
1568.25.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.15. Medical Foster Homes for Veterans [1568.21 - 1568.40] ( Chapter 3.15 added by Stats. 2022, Ch. 381, Sec. 2. )
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The department may suspend or revoke certain licenses, and may also temporarily suspend a license before a hearing when needed to protect veterans’ health or safety.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.15. Medical Foster Homes for Veterans [1568.21 - 1568.40] ( Chapter 3.15 added by Stats. 2022, Ch. 381, Sec. 2. ) ## 1568.25. (a) The department may suspend or revoke a license issued under this chapter, in the manner provided in subdivision (b), upon any of the following grounds: (1) A licensee violates this chapter or the rules, regulations, and written directives adopted pursuant to this chapter. (2) Aiding, abetting, or permitting the violation of this chapter or of the rules, regulations, and written directives adopted pursuant to this chapter. (3) Conduct which is inimical to the health, welfare, or safety of a veteran resident receiving services from a medical foster home for veterans or the people of the State of California. (4) The provision of services beyond the level the medical foster home for veterans is authorized to provide or accepting or retaining veteran residents who require services of a higher level than the medical foster home for veterans is authorized to provide. (5) Engaging in acts of financial malfeasance concerning the operation of a medical foster home for veterans, including, but not limited to, the improper use or embezzlement of veteran resident moneys or property, the fraudulent appropriation for personal gain of medical foster home for veterans moneys or property, or willful or negligent failure to provide services. (b) The department may temporarily suspend a license, prior to a hearing when, in the opinion of the department, the action is necessary to protect veteran residents of a medical foster home for veterans from physical or mental abuse, abandonment, or any other substantial threat to health or safety. The department shall notify the licensee of the temporary suspension, the effective date of the temporary suspension, and, at the same time, serve the licensee with an accusation. Upon receipt of a notice of defense to the accusation by the licensee, the department shall, within 15 days, set the matter for hearing. The hearing shall be held as soon as possible but not later than 30 days after receipt of the notice. The temporary suspension shall remain in effect until the hearing is completed and the department has made a final determination on the merits. However, a temporary suspension shall be deemed vacated if the department fails to make a final determination on the merits within 30 days after the original hearing has been completed. (Added by Stats. 2022, Ch. 381, Sec. 2. (AB 2119) Effective January 1, 2023.)
1568.255.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.15. Medical Foster Homes for Veterans [1568.21 - 1568.40] ( Chapter 3.15 added by Stats. 2022, Ch. 381, Sec. 2. )
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License suspension, revocation, or denial proceedings under this chapter must follow the referenced Government Code procedures, and the department has the powers granted by those procedures.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.15. Medical Foster Homes for Veterans [1568.21 - 1568.40] ( Chapter 3.15 added by Stats. 2022, Ch. 381, Sec. 2. ) ## 1568.255. Proceedings for the suspension, revocation, or denial of a license under this chapter shall be conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by these provisions. In the event of conflict between this chapter and those provisions of the Government Code, the provisions of the Government Code shall prevail. (Added by Stats. 2022, Ch. 381, Sec. 2. (AB 2119) Effective January 1, 2023.)
1568.257.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.15. Medical Foster Homes for Veterans [1568.21 - 1568.40] ( Chapter 3.15 added by Stats. 2022, Ch. 381, Sec. 2. )
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A medical foster home for veterans licensee may ask for inactive license status, and must send a written request to the department on an approved form for certain inactivity periods.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.15. Medical Foster Homes for Veterans [1568.21 - 1568.40] ( Chapter 3.15 added by Stats. 2022, Ch. 381, Sec. 2. ) ## 1568.257. (a) A licensee of a medical foster home for veterans may request inactive license status for either of the following: (1) If the facility is nonoperational due to its destruction, significant damage, or prolonged closure due to an emergency or disaster pursuant to Chapter 15 (commencing with Section 1796.80) of Division 2 of the Health and Safety Code. (2) For any other period of inactivity in the operation of the facility. (b) For a period of inactivity, as described in paragraph (2) of subdivision (a), the following shall apply: (1) A licensee shall submit a written request for inactive license status, on a form approved by the department, to the department for review and approval. (2) The department may impose time limitations on inactive license status and identify situations in which inactive license status is not permitted. (3) Notwithstanding any other law, the department may waive, in whole or in part, on a year-by-year basis, any annual fee authorized by this chapter during the period of inactive license status. (4) Paragraph (2) of subdivision (a) shall become operative on January 1, 2028. (c) A license shall not be valid, for the purposes of subdivision (a) of Section 1568.23, during any period of inactive license status. A licensee shall be responsible for complying with all licensing standards when inactive license status ends. The department’s timeframe for required site visits may be adjusted during the period of inactive license status. However, if the department believes the licensee is operating during a period in which the department has granted inactive license status to the licensee, the department may enter the facility for any inspection permitted by law. (d) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of interim licensing standards, which shall have the same force and effect as regulations, until regulations are adopted. (Added by Stats. 2025, Ch. 546, Sec. 6. (SB 582) Effective January 1, 2026.)
1568.26.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.15. Medical Foster Homes for Veterans [1568.21 - 1568.40] ( Chapter 3.15 added by Stats. 2022, Ch. 381, Sec. 2. )
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A medical foster home for veterans license is forfeited automatically if certain events happen, including sale, surrender, relocation, death, abandonment, or VA approval revocation.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.15. Medical Foster Homes for Veterans [1568.21 - 1568.40] ( Chapter 3.15 added by Stats. 2022, Ch. 381, Sec. 2. ) ## 1568.26. A license shall be forfeited by operation of law when one of the following occurs: (a) The licensee sells or otherwise transfers the medical foster home for veterans or medical foster home for veterans property. (b) The licensee surrenders the license to the department. (c) The licensee moves a medical foster home for veterans from one location to another. The department shall develop rules, regulations, or written directives to ensure that a medical foster home for veterans is not charged a full licensing fee and does not have to complete the entire application process when applying for a license for the new location. (d) The licensee dies. (e) A licensee abandons a medical foster home for veterans. A licensee who abandons a medical foster home for veterans and the veteran residents in care, resulting in an immediate and substantial threat to the health and safety of the abandoned veteran residents, shall, in addition to forfeiture of the license pursuant to this section, be excluded from licensure in any facility licensed by the department or from being a resource family or certified foster parent without the right to petition for reinstatement, unless otherwise ordered by the department. (f) The United States Department of Veterans Affairs revokes its approval of a medical foster home for veterans in accordance with Section 17.71 of Title 38 of the Code of Federal Regulations. (Added by Stats. 2022, Ch. 381, Sec. 2. (AB 2119) Effective January 1, 2023.)
1568.27.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.15. Medical Foster Homes for Veterans [1568.21 - 1568.40] ( Chapter 3.15 added by Stats. 2022, Ch. 381, Sec. 2. )
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Licensed medical foster homes for veterans must be inspected, corrected for deficiencies, and kept open to public inspection of reports.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.15. Medical Foster Homes for Veterans [1568.21 - 1568.40] ( Chapter 3.15 added by Stats. 2022, Ch. 381, Sec. 2. ) ## 1568.27. (a) (1) Every licensed medical foster home for veterans shall be periodically inspected and evaluated for quality of care by a representative or representatives designated by the department. Unannounced inspections shall be conducted at least annually and as often as necessary to ensure the quality of care being provided. (2) During each licensing inspection, the department shall determine if the medical foster home for veterans meets regulatory standards, including, but not limited to, providing veteran residents with the appropriate level of care and supervision based on the medical foster home for veterans license, providing adequate services, maintaining updated resident records and assessments, and complying with basic health and safety standards. (3) If the department determines that a veteran resident requires a higher level of care than the medical foster home for veterans is authorized to provide, the department may initiate a professional level of care assessment by an assessor approved by the department and consult with the United States Department of Veterans Affairs. An assessment shall be conducted in consultation with the veteran resident, the veteran resident’s physician, and the United States Department of Veterans Affairs and shall reflect the desires of the veteran resident, the veteran resident’s physician, and the United States Department of Veterans Affairs. The assessment also shall recognize that certain illnesses are episodic in nature and that the veteran resident’s need for a higher level of care may be temporary. (4) The department shall notify a medical foster home for veterans in writing of all deficiencies in its compliance with this chapter and the rules, regulations, and written directives adopted pursuant to this chapter. The department shall set a reasonable length of time for compliance by the licensee. (5) Unless otherwise specified in the plan of correction, a medical foster home for veterans shall remedy the deficiencies within 10 days of the notification. (6) The department shall maintain reports on the results of each inspection and consultation. All inspection reports, consultation reports, lists of deficiencies, and plans of correction shall be open to public inspection. (b) A duly authorized officer, employee, or agent of the department may, upon presentation of proper identification, enter and inspect any place providing personal care, supervision, and services, at any time, with or without advance notice, to secure compliance with, or to prevent a violation of, this chapter. (Added by Stats. 2022, Ch. 381, Sec. 2. (AB 2119) Effective January 1, 2023.)
1568.271.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.15. Medical Foster Homes for Veterans [1568.21 - 1568.40] ( Chapter 3.15 added by Stats. 2022, Ch. 381, Sec. 2. )
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The department must review complaints, usually inspect within 10 days, notify complainants in writing, and share or cross-report complaints in specified cases. Licensees and their employees may not retaliate against people who file or help file complaints or inspection requests.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.15. Medical Foster Homes for Veterans [1568.21 - 1568.40] ( Chapter 3.15 added by Stats. 2022, Ch. 381, Sec. 2. ) ## 1568.271. (a) Upon receipt of a complaint, other than a complaint alleging a denial of a statutory right of access to a medical foster home for veterans, the department shall make a preliminary review and, unless the department determines that the complaint is willfully intended to harass a licensee or is without a reasonable basis, conduct an onsite inspection within 10 days after receiving the complaint, except where the visit would adversely affect a licensing investigation or the investigation of other agencies, including, but not limited to, a law enforcement agency. In either event, the complainant shall be promptly informed of the department’s proposed course of action. (b) Within 10 business days of completing an investigation of a complaint under this section, the department shall notify the complainant in writing of the department’s determination as a result of the investigation. (c) A licensee, or employee of the licensee, shall not discriminate or retaliate in any manner, including, but not limited to, eviction or threat of eviction against a person receiving services from the licensee or against an employee of the licensee on the basis, or for the reason that, the person, employee, or any other person initiated or participated in the filing of a complaint, grievance, or a request for inspection with the department pursuant to this section or initiated or participated in the filing of a complaint, grievance, or request for investigation with the appropriate local or state ombudsperson. (d) This section shall not be construed to limit the authority of the department to inspect, evaluate, or investigate a complaint or incident, or initiate a disciplinary action, against a medical foster home for veterans or to take any action it may deem necessary for the health and safety of veteran residents placed with a medical foster home for veterans. (e) If a local or state ombudsman receives a complaint relating to a licensed medical foster home for veterans, the local and, where applicable, the state ombudsperson shall send a written report of the complaint to the department. (f) If the department receives a complaint relating to a licensed medical foster home for veterans, the department shall send a copy of the complaint and the complaint findings to the United States Department of Veterans Affairs. (g) If the department receives a complaint relating to a licensed medical foster home for veterans outside the department’s jurisdiction, the department shall cross-report the complaint to the appropriate agency. (Amended by Stats. 2023, Ch. 131, Sec. 104. (AB 1754) Effective January 1, 2024.)
1568.28.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.15. Medical Foster Homes for Veterans [1568.21 - 1568.40] ( Chapter 3.15 added by Stats. 2022, Ch. 381, Sec. 2. )
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Unlicensed medical foster homes for veterans may not operate in the state, and the department must refer residents and impose civil penalties under specified conditions.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.15. Medical Foster Homes for Veterans [1568.21 - 1568.40] ( Chapter 3.15 added by Stats. 2022, Ch. 381, Sec. 2. ) ## 1568.28. (a) (1) No unlicensed medical foster home for veterans, as defined in paragraph (3), shall operate in this state. (2) Upon discovery of an unlicensed medical foster home for veterans, the department shall refer residents to the appropriate placement or adult protective services agency or the appropriate local or state long-term care ombudsperson, if either of the following conditions exist: (A) There is an immediate threat to a veteran resident’s health and safety. (B) The medical foster home for veterans will not cooperate with the department to apply for a license, meet licensing standards, and obtain a valid license. (3) A medical foster home for veterans shall be deemed to be an “unlicensed medical foster home for veterans” and “maintained and operated to provide residential care” if it is unlicensed, not exempt from licensure, and any one of the following conditions is satisfied: (A) The medical foster home for veterans is providing care and supervision, as defined by this chapter or the rules, regulations, and written directives adopted pursuant to this chapter. (B) The medical foster home for veterans is held out as, or represented as, providing care and supervision, as defined by this chapter or the rules, regulations, and written directives adopted pursuant to this chapter. (C) The medical foster home for veterans accepts or retains veteran residents who demonstrate the need for care and supervision, as defined by this chapter or the rules, regulations, and written directives adopted pursuant to this chapter. (D) The home represents itself as a licensed medical foster home for veterans in California. (b) In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department shall issue a civil penalty as follows: (1) (A) Notwithstanding any other provision of this chapter, a person who violates Section 1568.23 shall be assessed an immediate civil penalty in the amount of one hundred dollars ($100) per resident for each day of the violation. (B) The civil penalty authorized in subparagraph (A) shall be doubled if an unlicensed medical foster home for veterans is operated and the operator refuses to seek licensure or the operator seeks licensure, the licensure application is denied, and the operator continues to operate the unlicensed medical foster home for veterans unless other remedies available to the department, including criminal prosecution, are deemed more effective by the department. (2) For a violation that the department determines resulted in the death of a veteran resident, the civil penalty shall be seven thousand five hundred dollars ($7,500). (3) For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, to a veteran resident the civil penalty shall be two thousand five hundred dollars ($2,500). (4) For a violation that the department determines resulted in serious bodily injury, as defined in Section 15610.67 of the Welfare and Institutions Code, to a veteran resident the civil penalty shall be two thousand five hundred dollars ($2,500). (c) Notwithstanding any other provision of law, revenues received by the department from payment of civil penalties imposed on a licensed medical foster home for veterans pursuant to this section shall be deposited into the Technical Assistance Fund created pursuant to Section 1523.2 and may be expended by the department for the technical assistance, training, and education of licensees. (d) (1) (A) A licensee shall have the right to submit a written request for a formal review to the department for a civil penalty assessed pursuant to this section within 15 business days of receipt of the notice of a civil penalty assessment. The licensee shall provide all available supporting documentation that was unavailable at the time of submitting the request for review within 30 business days after submitting the request for review. If the department requires additional information from the licensee, it shall request that information within 30 business days after receiving the request for review. (B) The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the deputy director determines that the civil penalty was not assessed, or the finding of the deficiency that resulted in the assessment of the civil penalty was not made, in accordance with applicable statutes or rules, regulations, and written directives adopted by the department, they may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the deputy director’s decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. (2) Upon exhausting the review process described in paragraph (1), a licensee may further appeal that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In a proceeding conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence. (3) If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the medical foster home for veterans license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process. (4) Civil penalties shall be due and payable when administrative appeals have been exhausted. Unless payment arrangements have been made that are acceptable to the department, a civil penalty not paid within 30 days shall be subject to late fees, as specified by rules, regulations, and written directives adopted by the department. (5) If a reviewer determines that a notice of deficiency or a civil penalty assessment was not made in accordance with applicable statutes, rules, regulations, and written directives, the reviewer may amend or dismiss the notice of deficiency or civil penalty assessment. (Amended by Stats. 2023, Ch. 131, Sec. 103. (AB 1754) Effective January 1, 2024.)
1568.29.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.15. Medical Foster Homes for Veterans [1568.21 - 1568.40] ( Chapter 3.15 added by Stats. 2022, Ch. 381, Sec. 2. )
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Before licensure, certain people connected to a medical foster home for veterans must complete a background check, and later some must get fingerprint-based clearance or exemption before working, living there, or being present there.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.15. Medical Foster Homes for Veterans [1568.21 - 1568.40] ( Chapter 3.15 added by Stats. 2022, Ch. 381, Sec. 2. ) ## 1568.29. (a) Prior to licensure, the following individuals shall be subject to and complete a background check pursuant to Section 1522: (1) An applicant. (2) An adult residing or regularly present in an applicant or licensee’s home. (3) Additional individuals who have contact with a client, as determined necessary by the department by rules, regulations, or written directives. (b) Subsequent to initial licensure, a person specified in subdivision (a) who is not exempted from fingerprinting under subdivision (f) shall obtain either a criminal record clearance or an exemption from disqualification pursuant to Section 1522 prior to employment, residence, or initial presence in a medical foster home for veterans. (c) A person initiating a background examination pursuant to subdivision (a) shall submit their fingerprints to the Department of Justice by electronic transmission in a manner approved by the department, unless exempt under subdivision (f). (d) A law enforcement agency or other local agency authorized to take fingerprints may charge a reasonable fee to offset the costs of fingerprinting for the purposes of this chapter. (e) The Department of Justice shall use the fingerprints to search state and Federal Bureau of Investigation criminal offender record information pursuant to Section 1522. (f) A person who is a current licensee or employee in a facility licensed by the department, a certified administrator, or a registered TrustLine provider need not submit fingerprints to the Department of Justice and may transfer their current criminal record clearance or exemption pursuant to paragraph (1) of subdivision (h) of Section 1522. (g) Before issuing a criminal record clearance or exemption to an individual described in subdivision (a), the department shall review the individual’s state summary criminal offender record information and the records of the Federal Bureau of Investigation pursuant to Section 1522. (h) The department shall not prohibit a person from being employed or having contact with a veteran resident in a medical foster home for veterans on the basis of a denied criminal record exemption request or arrest information unless the department complies with the requirements of Section 1568.295. (i) The department shall hold criminal record clearances and exemptions in its active files for a minimum of three years in order to facilitate a transfer request. (j) Other than the applicant or licensee, a member of a United States Department of Veterans Affairs interdisciplinary home care team who provides medical, rehabilitative, or preventive services to a veteran resident in a medical foster home for veterans, including, but not limited to, Home-Based Primary Care and Spinal Cord Injury-Home Care, is exempt from requirements applicable under this section. (Added by Stats. 2022, Ch. 381, Sec. 2. (AB 2119) Effective January 1, 2023.)
1568.295.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.15. Medical Foster Homes for Veterans [1568.21 - 1568.40] ( Chapter 3.15 added by Stats. 2022, Ch. 381, Sec. 2. )
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The department may exclude certain people from working in or being present at a licensed medical foster home for veterans, and can also prohibit or discipline licensees tied to those people.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.15. Medical Foster Homes for Veterans [1568.21 - 1568.40] ( Chapter 3.15 added by Stats. 2022, Ch. 381, Sec. 2. ) ## 1568.295. (a) The department may prohibit a person from being a licensee or a licensee from employing, continuing the employment of, allowing in a licensed medical foster home for veterans, or allowing contact with a veteran resident of a licensed medical foster home for veterans by an employee, prospective employee, or person who is not a veteran resident who has done any of the following: (1) Violated, aided, or permitted the violation by any other person of any provisions of this chapter or of any rules, regulations, or written directives promulgated under this chapter. (2) Engaged in conduct that is inimical to the health, morals, welfare, or safety of either the people of this state or an individual in, or receiving services from, a medical foster home for veterans. (3) Been denied an exemption to work or to be present in a medical foster home for veterans when that person has been convicted of a crime, as defined in Section 1522. (4) Engaged in any other conduct that would constitute a basis for disciplining a licensee or a medical foster home for veterans. (5) Engaged in acts of financial malfeasance concerning the operation of a medical foster home for veterans, including, but not limited to, improper use or embezzlement of veteran resident moneys or property, fraudulent appropriation for personal gain of medical foster home for veterans moneys or property, or willful or negligent failure to provide services. (b) The excluded person and the licensee shall be given written notice of the basis of the department’s action and of the excluded person’s right to an appeal. The notice shall be served either by personal service or by registered mail. Within 15 days of the department serving the notice, the excluded person may file with the department a written appeal of the exclusion order. If the excluded person fails to file a written appeal within the prescribed time, the department’s action shall be final. (c) (1) The department may require the immediate exclusion of an employee, prospective employee, or person who is not a veteran resident from a medical foster home for veterans pending a final decision of the matter when, in the opinion of the director, the action is necessary to protect veteran residents from physical or mental abuse, abandonment, or any other substantial threat to their health or safety. (2) If the department requires the immediate exclusion of an employee, prospective employee, or person who is not a veteran resident from a medical foster home for veterans, the department shall serve an order of immediate exclusion upon the excluded person that notifies the excluded person of the basis of the department’s action and of the excluded person’s right to a hearing. (3) The department shall conduct an unannounced visit to a medical foster home for veterans within 30 days after the department serves an order of immediate exclusion from the medical foster home for veterans upon a person subject to immediate removal or exclusion from the medical foster home for veterans in order to ensure that the excluded person is not within the medical foster home for veterans, unless the department has previously verified that the excluded person is not within the medical foster home for veterans. (4) Within 15 days after the department serves an order of immediate exclusion, the excluded person may file a written appeal of the exclusion with the department. The department’s action shall be final if the excluded person does not appeal the exclusion within the prescribed time. The department shall do both of the following upon receipt of a written appeal: (A) Serve an accusation upon the excluded person within 30 days of receipt of the appeal. (B) Conduct a hearing on the accusation within 60 days of receipt of a notice of defense from the excluded person, pursuant to Section 11506 of the Government Code. (5) An order of immediate exclusion from a medical foster home for veterans shall remain in effect until the hearing is completed and the department has made a final determination on the merits. (d) An excluded person who files a written appeal with the department pursuant to this section shall, as part of the written request, provide their current mailing address. The excluded person shall subsequently notify the department in writing of any change in mailing address until the hearing process has been completed or terminated. (e) Hearings held pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The standard of proof shall be the preponderance of the evidence, and the burden of proof shall be on the department. (f) The department may do any of the following: (1) Institute or continue a disciplinary proceeding against a licensee or an employee, prospective employee, or person who is not a veteran resident upon any ground provided by this section. (2) Enter an order prohibiting a person from being a licensee or prohibiting an excluded person’s employment or presence in the medical foster home for veterans. (3) Take disciplinary action against an excluded person, notwithstanding any resignation, withdrawal of employment application, or change of duties by the excluded person or any discharge, failure to hire, or reassignment of the excluded person by the licensee. (g) A licensee’s failure to comply with the department’s exclusion order after being notified of the order shall be grounds for disciplining the licensee pursuant to Section 1568.25. (h) (1) (A) In a case where an excluded person appealed the exclusion order and there is a decision and order of the department upholding the exclusion order, or where the department informed an excluded person of their right to appeal the exclusion order and the excluded person does not appeal the exclusion order, the excluded person shall be prohibited for the remainder of the excluded person’s life, unless otherwise ordered by the department, from all of the following: (i) Working or volunteering in any facility or organization licensed by the department if there is contact with clients, prospective clients, or confidential client information. (ii) Licensure to operate a facility or organization licensed by the department. (iii) Certification or approval as foster parent or resource family. (iv) Registration as a Registered Home Care Aide or TrustLine Registrant or remaining registered on the Home Care Aide Registry. (v) Serving as a member of the board of directors or governing body of, serving as an executive director or officer for, or being a licensee of a Home Care Organization or facility. (vi) As a licensee, from employing, continuing the employment of, or allowing an individual to volunteer at a Home Care Organization or facility if there is contact with clients, prospective clients, or confidential client information. (B) Pursuant to Section 11522 of the Government Code, an excluded person may petition the department for reinstatement one year after the effective date of the decision and order of the department upholding the exclusion order or after one year has elapsed from the date of the notification of the exclusion order if no appeal was made. The department shall provide the excluded person with a copy of Section 11522 of the Government Code with the appeal decision and order or with the exclusion order. (Amended by Stats. 2023, Ch. 131, Sec. 105. (AB 1754) Effective January 1, 2024.)
1568.296.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.15. Medical Foster Homes for Veterans [1568.21 - 1568.40] ( Chapter 3.15 added by Stats. 2022, Ch. 381, Sec. 2. )
Verify source ↗

The department must exclude certain people from medical foster homes for veterans when prior licenses or approvals were revoked, rescinded, or denied within the stated time periods. The department may also decide not to exclude someone if the reasons for the denial or revocation have been corrected or no longer exist.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.15. Medical Foster Homes for Veterans [1568.21 - 1568.40] ( Chapter 3.15 added by Stats. 2022, Ch. 381, Sec. 2. ) ## 1568.296. (a) (1) If the department determines that a person was issued a license under this chapter, Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with Section 1250), Chapter 3 (commencing with Section 1500), Chapter 3.01 (commencing with Section 1568.01), Chapter 3.2 (commencing with Section 1569), Chapter 3.3 (commencing with Section 1570), Chapter 3.4 (commencing with Section 1596.70), Chapter 3.5 (commencing with Section 1596.90), or Chapter 3.6 (commencing with Section 1597.30), or that the applicant previously was approved as a resource family under Article 2 (commencing with Section 16519.5) of Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions Code, and the prior license was revoked or prior approval was rescinded within the preceding two years, the department shall exclude the person from any medical foster home for veterans licensed by the department pursuant to this chapter. (2) If the department determines that a person previously was issued a medical foster home for veterans license that was revoked or rescinded by the department within the preceding two years, the department shall exclude the person from any medical foster home for veterans licensed by the department pursuant to this chapter. (b) If the department determines that a person had previously applied for a license under any of the chapters listed in paragraph (1) of subdivision (a) and the application was denied within the last year, the department shall exclude the person from any medical foster home for veterans licensed by the department pursuant to this chapter and the following: (1) In a case where an applicant petitions for a hearing, the department shall exclude the person from any medical foster home for veterans licensed by the department pursuant to this chapter until one year has elapsed from the effective date of the decision and department upholding a denial. (2) In a case where the department or county informs an applicant of their right to petition for a hearing and the applicant does not petition for a hearing, the department shall exclude the person from any medical foster home for veterans licensed by the department pursuant to this chapter until one year has elapsed from the date of the notification of the denial and the right to petition for a hearing. (c) If the department determines that a person had previously applied for a medical foster home for veterans license and the department ordered the denial of the application, the department shall exclude the person from any medical foster home for veterans licensed by the department pursuant to this chapter and the following: (1) In a case where an applicant petitions for a hearing, the department shall exclude the person from any medical foster home for veterans licensed by the department pursuant to this chapter until one year has elapsed from the effective date of the decision and department order upholding a denial. (2) In a case where the department informs an applicant of their right to petition for a hearing and the applicant does not petition for a hearing, the department shall exclude the person from any medical foster home for veterans licensed by the department pursuant to this chapter until one year has elapsed from the date of the notification of the denial and the right to petition for a hearing. (d) Exclusion or removal of an individual pursuant to this section shall not be considered an order of exclusion for purposes of Section 1568.295 or any other law. (e) The department may determine not to exclude a person from any medical foster home for veterans licensed by the department pursuant to this chapter if it has determined that the reasons for the denial of the application or revocation of the medical foster home for veterans license, or the denial or rescission of resource family approval, were due to circumstances and conditions that either have been corrected or are no longer in existence. (Added by Stats. 2022, Ch. 381, Sec. 2. (AB 2119) Effective January 1, 2023.)
1568.30.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.15. Medical Foster Homes for Veterans [1568.21 - 1568.40] ( Chapter 3.15 added by Stats. 2022, Ch. 381, Sec. 2. )
Verify source ↗

Medical foster home caregivers and relief caregivers must give the department written proof of required training and continuing education within 30 days after each training is completed. The department may also require additional training if it decides that is necessary.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.15. Medical Foster Homes for Veterans [1568.21 - 1568.40] ( Chapter 3.15 added by Stats. 2022, Ch. 381, Sec. 2. ) ## 1568.30. (a) A medical foster home caregiver and relief caregiver shall provide the department written evidence of all initial and ongoing training received as required by the United States Department of Veterans Affairs. Written evidence shall be provided to the department within 30 days of completion of each training. (b) A medical foster home caregiver and relief caregiver shall provide the department written evidence of all completed continuing education requirements related to the knowledge and skills needed in order to provide care and supervision to veteran residents who have chronic or medically complex health impairments. Written evidence shall be provided to the department within 30 days of completion of each training. (c) The department shall have the authority to require a medical foster home caregiver and relief caregiver to receive additional training if determined necessary. (Added by Stats. 2022, Ch. 381, Sec. 2. (AB 2119) Effective January 1, 2023.)
1568.40.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.15. Medical Foster Homes for Veterans [1568.21 - 1568.40] ( Chapter 3.15 added by Stats. 2022, Ch. 381, Sec. 2. )
Verify source ↗

The department must adopt regulations to implement this chapter, and until those regulations are adopted it may use written directives to run the licensing program for medical foster homes for veterans.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.15. Medical Foster Homes for Veterans [1568.21 - 1568.40] ( Chapter 3.15 added by Stats. 2022, Ch. 381, Sec. 2. ) ## 1568.40. (a) The department shall adopt, amend, or repeal, in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), regulations to implement this chapter. (b) Until regulations are adopted, the department may implement and administer the licensing of medical foster homes for veterans under this chapter through the issuance of written directives that shall have the same force and effect as regulations. The directives shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Added by Stats. 2022, Ch. 381, Sec. 2. (AB 2119) Effective January 1, 2023.)
1569.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 1. General Provisions [1569 - 1569.5] ( Article 1 added by Stats. 1985, Ch. 1127, Sec. 3. )
Verify source ↗

This chapter is known and may be cited as the California Residential Care Facilities for the Elderly Act.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 1. General Provisions [1569 - 1569.5] ( Article 1 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569. This chapter shall be known and may be cited as the California Residential Care Facilities for the Elderly Act. (Added by Stats. 1985, Ch. 1127, Sec. 3.)
1569.1.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 1. General Provisions [1569 - 1569.5] ( Article 1 added by Stats. 1985, Ch. 1127, Sec. 3. )
Verify source ↗

The Legislature states that residential care facilities for the elderly should be licensed as a separate category within the State Department of Social Services licensing structure.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 1. General Provisions [1569 - 1569.5] ( Article 1 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.1. The Legislature hereby finds and declares: (a) The Legislature has taken steps in recent years to develop a continuum of long-term social and health support services for older persons in the community that provide a range of options for long-term care and residential care facilities for the elderly are central in that continuum. (b) These efforts require a reevaluation of residential care for the elderly outside the constraints of the Community Care Facilities Act. (c) The Community Care Facilities Act was enacted in 1973 with the primary purpose of ensuring that residents of state hospitals would have access to safe, alternative community-based housing. (d) Since that time, due to shortages in affordable housing and a greater demand for residences for the elderly providing some care and supervision, a growing number of elderly persons with health and social care needs now reside in community care facilities that may or may not be designed to meet their needs. (e) Progress in the field of gerontology has provided new insights and information as to the types of services required to allow older persons to remain as independent as possible while residing in a residential care facility for the elderly. (f) The fluctuating health and social status of older persons demands a system of residential care that can respond to these needs by making available multilevels of service within the facility, thus reducing the need for residents with fluctuating conditions to move between medical and nonmedical facilities. (g) Residential care facilities for the elderly which are not primarily medically oriented represent a humane approach to meeting the housing, social and service needs of older persons, and can provide a homelike environment for older persons with a variety of care needs. (h) It is, therefore, the intent of the Legislature to require that residential care facilities for the elderly be licensed as a separate category within the existing licensing structure of the State Department of Social Services. (Added by Stats. 1985, Ch. 1127, Sec. 3.)
1569.10.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. )
Verify source ↗

A person or public agency may not operate, establish, manage, conduct, or maintain a residential facility for the elderly in the state without a current valid license or special permit.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.10. No person, firm, partnership, association, or corporation within the state and no state or local public agency shall operate, establish, manage, conduct, or maintain a residential facility for the elderly in this state without a current valid license or current valid special permit therefor, as provided in this chapter. (Amended by Stats. 1987, Ch. 1069, Sec. 4.)
1569.11.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. )
Verify source ↗

The department must inspect and license residential care facilities for the elderly.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.11. The department shall inspect and license residential care facilities for the elderly. A license is not transferable. (Added by Stats. 1985, Ch. 1127, Sec. 3.)
1569.12.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. )
Verify source ↗

The department may provide consulting services to residential care facilities for the elderly if they request it.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.12. The department may provide consulting services upon request to any residential care facility for the elderly to assist in the identification or correction of deficiencies and in the upgrading of the quality of care provided by the facility. (Added by Stats. 1985, Ch. 1127, Sec. 3.)
1569.13.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. )
Verify source ↗

The department may contract with public agencies or counties to handle licensing-related work, but they must follow department standards and the chapter’s requirements.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.13. (a) The department may contract for state, county, or other public agencies to assume specified licensing, approval, or consultation responsibilities. In exercising the authority so delegated, these agencies shall conform to the requirements of this chapter and to the rules, regulations, and standards of the department. The department shall reimburse agencies for services performed pursuant to this section, and the payments shall not exceed actual cost. If any grants-in-aid are made by the federal government for the support of any inspection or consultation service approved by the department, the amount of the federal grant shall first be applied to defer the cost of the service before state reimbursement is made. (b) The department may contract with any county for the purposes of having the county assume the responsibility within the county for the licensing and regulation of residential care facilities for the elderly serving six or fewer persons. Prior to the department contracting with any county for the licensing and regulation of residential care facilities for the elderly serving six or fewer persons, the department shall develop uniform standards which specify and delineate the responsibilities of contracting counties and the department. The department shall reimburse the county for the services performed, not to exceed the actual cost, out of the funds allocated to the department for the licensing and regulation of those facilities. The county shall conform to the requirements of this chapter and to the rules, regulations, and standards of the department. (Amended by Stats. 1989, Ch. 488, Sec. 1.)
1569.14.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. )
Verify source ↗

A license under this chapter cannot be treated as property for sale or exchange, and no person, including an owner, agent, or broker, may sell or exchange it for a commercial purpose.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.14. No license issued pursuant to this chapter shall have any property value for sale or exchange purposes and no person, including any owner, agent, or broker, shall sell or exchange any license for any commercial purpose. (Added by Stats. 1985, Ch. 1127, Sec. 3.)
1569.145.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. )
Verify source ↗

This section says the chapter does not apply to several listed facilities and housing arrangements, and it lets the director determine certain qualifying cases.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.145. This chapter shall not apply to any of the following: (a) A health facility, as defined by Section 1250. (b) A clinic, as defined by Section 1200. (c) A facility conducted by and for the adherents of a well-recognized church or religious denomination for the purpose of providing facilities for the care or treatment of the sick who depend upon prayer or spiritual means for healing in the practice of the religion of that church or denomination. (d) A house, institution, hotel, congregate housing project for the elderly, or other similar place that is limited to providing one or more of the following: housing, meals, transportation, housekeeping, or recreational and social activities; or that have residents independently accessing supportive services, provided, however, that no resident thereof requires an element of care and supervision or protective supervision as determined by the director. This subdivision shall not include a home or residence that is described in subdivision (f). (e) Recovery houses or other similar facilities providing group living arrangements for persons recovering from alcoholism or drug addiction where the facility provides no care or supervision. (f) (1) An arrangement for the care and supervision of a person or persons by a family member. (2) An arrangement for the care and supervision of a person or persons from only one family by a close friend, whose friendship preexisted the contact between the provider and the recipient, and both of the following are met: (A) The care and supervision is provided in a home or residence chosen by the recipient. (B) The arrangement is not of a business nature and occurs only as long as the needs of the recipient for care and supervision are adequately met. (g) (1) (A) Any housing occupied by elderly or disabled persons, or both, that is approved and operated pursuant to Section 202 of Public Law 86-372 (12 U.S.C. Sec. 1701q), or Section 811 of Public Law 101-625 (42 U.S.C. Sec. 8013), or whose mortgage is insured pursuant to Section 236 of Public Law 90-448 (12 U.S.C. Sec. 1715z), or that receives mortgage assistance pursuant to Section 221d(3) of Public Law 87-70 (12 U.S.C. Sec. 1715l), where supportive services are made available to residents at their option, as long as the project owner or operator does not contract for or provide the supportive services. (B) Any housing that qualifies for a low-income housing credit pursuant to Section 252 of Public Law 99-514 (26 U.S.C. Sec. 42) or that is subject to the requirements for rental dwellings for low-income families pursuant to Section 8 of Public Law 93-383 (42 U.S.C. Sec. 1437f), and that is occupied by elderly or disabled persons, or both, where supportive services are made available to residents at their option, as long as the project owner or operator does not contract for or provide the supportive services. (2) The project owner or operator to which paragraph (1) applies may coordinate, or help residents gain access to, the supportive services, either directly, or through a service coordinator. (h) A similar facility determined by the director. (i) For purposes of this section, “family member” means a spouse, by marriage or otherwise, child or stepchild, by natural birth or by adoption, parent, brother, sister, half brother, half sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, first cousin, or a person denoted by the prefix “grand” or “great,” or the spouse of one of these persons. (j) A person shall not be exempted from this chapter’s licensure requirements if he or she has been appointed as conservator of the person, estate of the person, or both, if the person is receiving care and supervision from the conservator as regulated by this chapter, unless the conservator is otherwise exempted under other provisions of this section. (Amended by Stats. 2009, Ch. 82, Sec. 3. (AB 123) Effective January 1, 2010.)
1569.147.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. )
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This section says the chapter does not authorize rent regulations or rent controls for licensed residential care facilities for the elderly, and those facilities are not subject to rent controls from state, local, or other local government entities.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.147. (a) Nothing in this chapter authorizes the imposition of rent regulations or controls for licensed residential care facilities for the elderly. (b) Licensed residential care facilities for the elderly are not subject to controls on rent imposed by any state or local agency or other local government entity. (Added by Stats. 1985, Ch. 1127, Sec. 3.)
1569.149.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. )
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Before getting licensed, the facility must secure and maintain fire clearance approval from the proper fire authority.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.149. A prospective applicant for licensure shall be notified at the time of the initial request for information regarding application for licensure that, prior to obtaining licensure, the facility shall secure and maintain a fire clearance approval from the local fire enforcing agency, as defined in Section 13244, or the State Fire Marshal, whichever has primary fire protection jurisdiction. The prospective applicant shall be notified of the provisions of Section 13235, relating to the fire safety clearance application. The prospective applicant for licensure shall be notified that the fire clearance shall be in accordance with state and local fire safety regulations. (Added by Stats. 1989, Ch. 993, Sec. 3.)
1569.15.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. )
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Applicants for a residential care facility for the elderly must file a department application and provide required information; licensees must keep the department updated, maintain an email address of record, and disclose material changes, with violations risking denial, revocation, or a $1,000 civil penalty.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.15. (a) Any person, entity, or agent signing on behalf of an entity, seeking a license for a residential care facility for the elderly under this chapter shall file with the department, pursuant to regulations, an application on forms furnished by the department, that shall include, but not be limited to, all of the following: (1) Evidence satisfactory to the department of the ability of the applicant to comply with this chapter and of rules and regulations adopted under this chapter by the department. (2) Evidence satisfactory to the department that the applicant is of reputable and responsible character. The evidence shall include, but not be limited to, a criminal record clearance pursuant to Section 1569.17, employment history, and character references. If the applicant is a firm, association, organization, partnership, business trust, corporation, or company, like evidence shall be submitted as to the individuals or entities holding a beneficial ownership interest of 10 percent or more, and the person who has operational control of the residential care facility for the elderly for which the application for issuance of license or special permit is made. The applicant shall provide or cause to be provided, at the department’s request, any additional information related to consideration of the application regarding any entity that is an applicant or holds a beneficial ownership interest of 10 percent or more. Notwithstanding anything in this section, an applicant or licensee is not required to disclose the names of investors in a publicly traded company or investment fund if those investors are silent investors who do not have influence or control over operations of the company, fund, or facility. (3) If applicable, the following information: (A) Whether it is a for-profit or not-for-profit provider. (B) The name, address, license number, and licensing agency name of other health, residential, or community care facilities owned, managed, or operated by the same applicant or by any parent organization of the applicant. (C) The name and business address of any person or entity that controls, as defined in Section 1569.2, the applicant. (D) If part of a chain, as defined in Section 1569.2, a diagram indicating the relationship between the applicant and the persons or entities that are part of the chain, including those that are controlled by the same parties, and in a separate list, the name, address, and license number, if applicable, for each person or entity in the diagram. (E) The name and address of any persons, organizations, or entities that own the real property on which the facility seeking licensure and the licensed facilities described in subparagraph (B) are located. (F) The name and address of any management company serving the facility and the same information required of applicants in subparagraphs (C) and (D) for the management company. (4) Evidence satisfactory to the department that the applicant has sufficient financial resources to maintain the standards of service required by regulations adopted pursuant to this chapter. (5) The name of the person with operational control of the applicant, such as the chief executive officer, general partner, owner, or like party, and state that person’s prior or present service as an administrator, chief executive officer, general partner, director, like role of, or as a person who has held or holds a beneficial ownership interest of 10 percent or more in, any residential care facility for the elderly, in any facility licensed pursuant to Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with Section 1250), or Chapter 3 (commencing with Section 1500), or a similarly licensed facility in California or any other state within the past 10 years. (6) The following information regarding the applicant and each individual or entity identified pursuant to paragraph (5): (A) Any revocation, suspension, probation, exclusion order, or other similar administrative disciplinary action that was filed and sustained in California or any other state, or in the process of being adjudicated, against a facility associated with a person identified pursuant to paragraph (5) or by any authority responsible for the licensing of health, residential, or community care facilities within the past 10 years. (B) Copies of final findings, orders, or both, issued by any health, residential, or community care licensing agency or any court relevant to the actions described in subparagraph (A). (C) Any petition for bankruptcy relief filed within five years of the date of application involving operation or closure of a health, residential, or community care facility licensed in California or any other state, the court, date, and case number of the filing, and whether a discharge was granted. If a discharge was not granted, the applicant shall provide copies of any court findings supporting denial of discharge. (7) Any other information as may be required by the department for the proper administration and enforcement of this chapter. (8) Following the implementation of Article 7 (commencing with Section 1569.70), evidence satisfactory to the department of the applicant’s ability to meet regulatory requirements for the level of care the facility intends to provide. (9) Evidence satisfactory to the department of adequate knowledge of supportive services and other community supports that may be necessary to meet the needs of elderly residents. (10) A signed statement that the person desiring issuance of a license has read and understood the residential care facility for the elderly statute and regulations. (11) Designation by the applicant of the individual who shall be the administrator of the facility, including, if the applicant is an individual, whether or not the applicant shall also be the administrator. (12) Evidence of the right of possession of the facility prior to the time the license is granted, which may be satisfied by the submission of a copy of the entire lease agreement or deed. (13) Evidence of successfully completing a certified prelicensure education program pursuant to Section 1569.23. (14) For any facility that promotes or advertises or plans to promote or advertise special care, special programming, or special environments for persons with dementia, disclosure to the department of the special features of the facility in its plan of operation. (b) The department shall cross-check all applicant information disclosed pursuant to paragraph (5) of subdivision (a), if electronically available, with the State Department of Public Health to determine if the applicant has a prior history of operating, holding a position in, or having ownership in, any entity specified in paragraph (5) of subdivision (a). (c) Failure of the applicant to cooperate with the licensing agency in the completion of the application may result in the denial of the application. Failure to cooperate means that the information described in this section and in the regulations of the department has not been provided, or has not been provided in the form requested by the licensing agency, or both. (d) The information required by this section shall be provided to the department upon initial application for licensure, and any change in the information shall be provided to the department within 30 calendar days of that change unless a shorter timeframe is required by the department. A licensee of multiple facilities may provide a single notice of changes to the department on behalf of all licensed facilities within the chain. Information pertaining to facilities operated in other states may be updated on an annual basis, except for the following information: (1) Information specified in paragraph (6) of subdivision (a) shall be updated within 30 calendar days of the change. (2) Information specified in subparagraph (B) of paragraph (3) of subdivision (a) shall be updated within six months after the change. (e) An applicant or licensee shall maintain an email address of record with the department. The applicant or licensee shall provide written notification to the department of the email address and of any change to the email address within 10 business days of the change. (f) (1) The department may deny an application for licensure or may subsequently revoke a license under this chapter if the applicant knowingly withheld material information or made a false statement of material fact with regard to information that was required by the application for licensure. (2) The department may deny an application for licensure or may subsequently revoke a license under this chapter if the applicant did not disclose administrative disciplinary actions on the application as required by paragraph (6) of subdivision (a). (3) In addition to the remedies provided under this chapter, the department may, subsequent to licensure, assess a civil penalty of one thousand dollars ($1,000) for a material violation of this section. (Amended by Stats. 2019, Ch. 180, Sec. 1. (AB 737) Effective January 1, 2020.)
1569.150.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. )
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This section sets deadlines and steps for residential care facility license applications, including provisional licenses if the department cannot finish the normal review on time.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.150. (a) The department and the licensing agencies with which it contracts for licensing shall review and make a final determination within 60 days of an applicant’s submission of a complete application on all applications for a license to operate a residential care facility for the elderly if the applicant possesses a current valid license to operate a residential care facility for the elderly at another site. Applicants shall note on the application, or in a cover letter to the application, that they possess a current valid license at another site, and the number of that license. (b) The department shall request a fire safety clearance from the appropriate fire marshal within five days of receipt of an application described in subdivision (a). The applicant shall be responsible for requesting and obtaining the required criminal record clearances. (c) If the department for any reason is unable to comply with subdivision (a), it shall, within 60 days of receipt of the application described in subdivision (a), grant a provisional license to the applicant to operate for a period not to exceed six months, except as provided in subdivision (d). While the provisional license is in effect, the department shall continue its investigation and make a final determination on the application before the provisional license expires. The provisional license shall be granted, provided the department knows of no life safety risks, the criminal records clearances, if applicable, are complete, and the fire safety clearance is complete. The director may extend the term of a provisional license for an additional six months at the time of the application, if the director determines that more than six months will be required to achieve full compliance with licensing standards due to circumstances beyond the control of the applicant, and if all other requirements for a license have been met. (d) If the department does not issue a provisional license pursuant to subdivision (c), the department shall issue a notice to the applicant identifying whether the provisional license has not been issued due to the existence of a life safety risk, lack of a fire safety clearance, lack of a criminal records clearance, failure to complete the application, or any combination of these reasons. If a life safety risk is identified, the risk preventing the issuance of the provisional license shall be clearly explained. If a lack of the fire safety clearance is identified, the notice shall include the dates on which the department requested the clearance and the current status of that request, and the fire marshal’s name and telephone number to whom a fire safety clearance request was sent. The department shall identify the names of individuals for whom criminal records clearances are lacking. If failure to complete the application is identified, the notice shall list all of the forms or attachments that are missing or incorrect. This notice shall be sent to the applicant no later than 60 days after the applicant filed the application. If the reasons identified in the notice are corrected, the department shall issue the provisional license within five days after the corrections are made. (e) The department shall, immediately after January 1, 1993, develop expedited procedures necessary to implement subdivisions (a), (b), (c), and (d). (f) The department shall, immediately after January 1, 1993, develop an appeal procedure for applicants under this section for both denial of licenses and delay in processing applications. (Added by Stats. 1992, Ch. 570, Sec. 2. Effective January 1, 1993.)
1569.151.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. )
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If a person applying to operate a residential care facility for the elderly also is, or plans to be, seeking a permit to sell deposit subscriptions for life care contracts, the department must review the license application and may issue preliminary approval if the applicant shows satisfactory evidence of ability and intent.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.151. Upon receipt of an application to operate a residential care facility for the elderly from an applicant who is also applying or intends to apply for a permit to sell deposit subscriptions on life care contracts pursuant to Chapter 10 (commencing with Section 1770), the department shall review the application for licensure to determine the applicant’s ability and intent to meet all statutory and regulatory requirements for a residential care facility for the elderly. Upon determination that the applicant has provided satisfactory evidence of ability and intent, the department shall issue a preliminary approval for licensure, for purposes of the applicant obtaining a permit to sell deposit subscriptions for life care contracts. Preliminary approval does not guarantee that a license will be issued by the department. (Added by Stats. 1986, Ch. 844, Sec. 2.5.)
1569.1515.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. )
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A corporation applying for licensure must list certain facilities history, and the department may not issue or may revoke a corporate license if a director, executive director, or officer is ineligible; the department must also notify the applicant or licensee and allow 15 days to remove the person.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.1515. (a) A corporation that applies for licensure with the department shall list the facilities that any member of the board of directors, the executive director, or an officer has been licensed to operate, been employed in, or served as a member of the board of directors, the executive director, or an officer. (b) The department shall not issue a provisional license or license to any corporate applicant that has a member of the board of directors, the executive director, or an officer who is not eligible for licensure pursuant to Sections 1569.16 and 1569.59. (c) The department may revoke the license of any corporate licensee that has a member of the board of directors, the executive director, or an officer who is not eligible for licensure pursuant to Sections 1569.16 and 1569.59. (d) Prior to instituting an administrative action pursuant to either subdivision (b) or (c), the department shall notify the applicant or licensee of the person’s ineligibility to be a member of the board of directors, an executive director, or an officer of the applicant or licensee, and shall give the applicant or licensee 15 days to remove the person from that position. (Added by Stats. 1998, Ch. 311, Sec. 36. Effective August 19, 1998.)
1569.152.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. )
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Residential care facilities for the elderly must reimburse or replace resident property lost or stolen when they failed to make reasonable efforts to safeguard it.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.152. (a) A residential care facility for the elderly, as defined in Section 1569.2, which fails to make reasonable efforts to safeguard resident property shall reimburse a resident for or replace stolen or lost resident property at its then current value. The facility shall be presumed to have made reasonable efforts to safeguard resident property if the facility has shown clear and convincing evidence of its efforts to meet each of the requirements specified in Section 1569.153. The presumption shall be a rebuttable presumption, and the resident or the resident’s representative may pursue this matter in any court of competent jurisdiction. (b) A civil penalty shall be levied if the residential care facility for the elderly has no program in place or if the facility has not shown clear and convincing evidence of its efforts to meet all of the requirements set forth in Section 1569.153. The State Department of Social Services shall issue a deficiency in the event that the manner in which the policies have been implemented is inadequate or the individual facility situation warrants additional theft and loss protections. (c) The department shall not determine that a facility’s program is inadequate based solely on the occasional occurrence of theft or loss in a facility. (Added by Stats. 1988, Ch. 750, Sec. 2.)
1569.153.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. )
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Residential care facilities for the elderly must run a theft-and-loss program and follow detailed rules for inventory, notices, documentation, reporting, and storage of resident property.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.153. A theft and loss program shall be implemented by the residential care facilities for the elderly within 90 days after January 1, 1989. The program shall include all of the following: (a) Establishment and posting of the facility’s policy regarding theft and investigative procedures. (b) Orientation to the policies and procedures for all employees within 90 days of employment. (c) Documentation of lost and stolen resident property with a value of twenty-five dollars ($25) or more within 72 hours of the discovery of the loss or theft and, upon request, the documented theft and loss record for the past 12 months shall be made available to the State Department of Social Services, law enforcement agencies and to the office of the State Long-Term Care Ombudsman in response to a specific complaint. The documentation shall include, but not be limited to, the following: (1) A description of the article. (2) Its estimated value. (3) The date and time the theft or loss was discovered. (4) If determinable, the date and time the loss or theft occurred. (5) The action taken. (d) A written resident personal property inventory is established upon admission and retained during the resident’s stay in the residential care facility for the elderly. Inventories shall be written in ink, witnessed by the facility and the resident or resident’s representative, and dated. A copy of the written inventory shall be provided to the resident or the person acting on the resident’s behalf. All additions to an inventory shall be made in ink, and shall be witnessed by the facility and the resident or resident’s representative, and dated. Subsequent items brought into or removed from the facility shall be added to or deleted from the personal property inventory by the facility at the written request of the resident, the resident’s family, a responsible party, or a person acting on behalf of a resident. The facility shall not be liable for items which have not been requested to be included in the inventory or for items which have been deleted from the inventory. A copy of a current inventory shall be made available upon request to the resident, responsible party, or other authorized representative. The resident, resident’s family, or a responsible party may list those items which are not subject to addition or deletion from the inventory, such as personal clothing or laundry, which are subject to frequent removal from the facility. (e) Inventory and surrender of the resident’s personal effects and valuables upon discharge to the resident or authorized representative in exchange for a signed receipt. (f) Inventory and surrender of personal effects and valuables following the death of a resident to the authorized representative in exchange for a signed receipt. Immediate written notice to the public administrator of the county upon the death of a resident whose heirs are unable or unwilling to claim the property as specified in Chapter 20 (commencing with Section 1140) of Division 3 of the Probate Code. (g) Documentation, at least semiannually, of the facility’s efforts to control theft and loss, including the review of theft and loss documentation and investigative procedures and results of the investigation by the administrator and, when feasible, the resident council. (h) Establishment of a method of marking, to the extent feasible, personal property items for identification purposes upon admission and, as added to the property inventory list, including engraving of dentures and tagging of other prosthetic devices. (i) Reports to the local law enforcement agency within 36 hours when the administrator of the facility has reason to believe resident property with a then current value of one hundred dollars ($100) or more has been stolen. Copies of those reports for the preceding 12 months shall be made available to the State Department of Social Services and law enforcement agencies. (j) Maintenance of a secured area for residents’ property which is available for safekeeping of resident property upon the request of the resident or the resident’s responsible party. Provide a lock for the resident’s bedside drawer or cabinet upon request of and at the expense of the resident, the resident’s family, or authorized representative. The facility administrator shall have access to the locked areas upon request. (k) A copy of this section and Sections 1569.152 and 1569.154 is provided by a facility to all of the residents and their responsible parties, and, available upon request, to all of the facility’s prospective residents and their responsible parties. ( l) Notification to all current residents and all new residents, upon admission, of the facility’s policies and procedures relating to the facility’s theft and loss prevention program. (m) Only those residential units in which there are no unrelated residents and where the unit can be secured by the resident or residents are exempt from the requirements of this section. (Added by Stats. 1988, Ch. 750, Sec. 3.)
1569.154.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. )
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Admission contract provisions for residential care facilities for the elderly cannot require or imply a lower legal standard for responsibility for residents’ personal property.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.154. No provision of a contract of admission, which includes all documents which a resident or his or her representative is required to sign at the time of, or as a condition of, admission to a residential care facility for the elderly, shall require or imply a lesser standard of responsibility for the personal property of residents than is required by law. (Added by Stats. 1988, Ch. 750, Sec. 4.)
1569.155.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. )
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The department must give residential care facilities for the elderly a free printed copy of applicable regulations when they are initially licensed, and all licensees must subscribe to the proper regulation service and stay current on regulatory changes.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.155. Upon initial licensure, residential care facilities for the elderly shall be provided a printed copy of all applicable regulations by the department, without charge. All licensees shall subscribe to the appropriate regulation subscription service and are responsible for keeping current on changes in regulatory requirements. (Added by Stats. 1985, Ch. 1127, Sec. 3.)
1569.156.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. )
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Residential care facilities for the elderly must not discriminate based on advance directives and must give staff education and written resident information about medical-care decision rights and facility policies.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.156. (a) A residential care facility for the elderly shall do all of the following: (1) Not condition the provision of care or otherwise discriminate based on whether or not an individual has executed an advance directive, consistent with applicable laws and regulations. (2) Provide education to staff on issues concerning advance directives. (3) Provide written information, upon admission, about the right to make decisions concerning medical care, including the right to accept or refuse medical or surgical treatment and the right, under state law, to formulate advance directives. (4) Provide written information about policies of the facility regarding the implementation of the rights described in paragraph (3). (b) For purposes of this section, “advance directive” means an “advance health care directive,” as defined in Section 4605 of the Probate Code, or some other form of instruction recognized under state law specifically addressing the provision of health care. (Amended by Stats. 1999, Ch. 658, Sec. 2. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
1569.157.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. )
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Licensed residential care facilities for the elderly must support resident councils, respond to written council concerns within 14 calendar days, and avoid interfering with council activities.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.157. (a) Every licensed residential care facility for the elderly, at the request of two or more residents, shall assist the residents in establishing and maintaining a single resident council at the facility. The resident council shall be composed of residents of the facility. Family members, resident representatives, advocates, long-term care ombudsman program representatives, facility staff, or others may participate in resident council meetings and activities at the invitation of the resident council. (b) A resident council may, among other things, make recommendations to facility administrators to improve the quality of daily living and care in the facility and to promote and protect residents’ rights. (c) If a resident council submits written concerns or recommendations, the facility shall respond in writing regarding any action or inaction taken in response to those concerns or recommendations within 14 calendar days. (d) Facility policies on resident councils shall not limit the right of residents to meet independently with outside persons or facility personnel. (e) Each resident council member shall be informed by the facility of his or her right to be interviewed as part of the regulatory inspection process. (f) Facilities shall promote resident councils as follows: (1) If a facility has a resident council, the facility shall inform new residents of the existence of the resident council. The facility shall also provide information on the time, place, and dates of resident council meetings and the resident representative to contact regarding involvement in the resident council. (2) If a facility has a resident council and a licensed capacity of 16 or more, the facility shall appoint a designated staff liaison to assist the resident council, make a room available for resident council meetings, and post meeting information in a central location readily accessible to residents, relatives, and resident representatives. (3) If a facility does not have a resident council, upon admission, the facility shall provide written information on the resident’s right to form a resident council to the resident and the resident representative, as indicated in the admissions agreement. (4) Upon request, and with the permission of the resident council, the facility shall share the name and contact information of the designated representative of the resident council with the long-term care ombudsman program. (g) A facility shall not willfully interfere with the formation, maintenance, or promotion of a resident council, or its participation in the regulatory inspection process. For the purposes of this subdivision, willful interference shall include, but not be limited to, discrimination or retaliation in any way against an individual as a result of his or her participation in a resident council, refusal to publicize resident council meetings or provide appropriate space for either meetings or a bulletin board, or failure to respond to written requests by the resident council in a timely manner. (h) The text of this section with the heading “Rights of Resident Councils” shall be posted in a prominent place at the facility accessible to residents, family members, and resident representatives. (i) A violation of this section shall not be subject to the provisions of Section 1569.40. A violation of this section shall constitute a violation of resident rights. A facility that violates this section shall be subject to a daily civil penalty of two hundred fifty dollars ($250) until the violation is corrected. A violation shall be deemed to have been corrected on the date the facility submits documentation of the correction to the department if the correction is verified by the department. (Amended by Stats. 2014, Ch. 177, Sec. 1. (AB 1572) Effective January 1, 2015.)
1569.158.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. )
Verify source ↗

Residential care facilities for the elderly may not block family councils and must support their meetings, notices, communications, and responses.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.158. (a) A residential care facility for the elderly shall not prohibit the formation of a family council. If requested by a member of the resident’s family or the resident representative, the family council shall be allowed to meet in a common meeting room of the facility during mutually agreed-upon hours. A family council shall also be allowed to meet virtually or at an offsite location at its discretion. (b) Facility policies on family councils shall in no way limit the right of residents and participants in a family council to meet independently with outside persons, including members of nonprofit or governmental organizations or with facility personnel during nonworking hours. (c) For purposes of this section, “family council” means a meeting of family members, friends, or representatives of two or more residents to confer in private without facility staff. (d) A family council shall be provided with adequate space on a prominent bulletin board or other posting area for the display of meeting notices, minutes, information, and newsletters. (e) A person other than a family member, friend, or resident representative, including facility staff, may attend a family council meeting, but only at the invitation of the family council. (f) If a family council submits written requests, concerns, or recommendations, the facility shall respond in writing regarding any action or inaction taken in response to the requests, concerns, or recommendations within 14 calendar days and shall detail its rationale for that response. (g) (1) If a facility has a family council, the facility shall inform the resident and the resident’s representatives, family members, or other individuals designated by the resident or identified during the admission process of the existence of the family council. The facility shall provide the resident and those family members, friends, and resident representatives with the name and contact information of the family council representative, as designated by the family council, in writing, prior to or within five business days after the resident’s admission or the resident’s representative, family member, or other individual is designated or identified. When family council meeting information is provided by the family council, the facility shall include notice of family council meetings in routine mailings to those family members, friends, and resident representatives. The notice shall include the time, place, and date of meetings, and the name and contact information of the family council representative, as designated by the family council. (2) If a facility does not have a family council, the facility shall provide, upon admission of a new resident, written information to the resident’s family members, friends, or resident representatives identified during the admission process of their right to form a family council. (3) Upon request, and with the permission of the family council, the facility shall share the name and contact information of the designated representative of the family council with the long-term care ombudsman program. (h) (1) A facility shall provide the family council with the names, email addresses, and other contact information for each resident’s representatives, family members, or other individuals designated by the resident if the person has provided written consent specifying the contact information that may be shared with the family council. (2) The facility must inform the identified family members, friends, and representatives of their right to have their contact information shared with the family council and their right to consent or withhold consent to have their contact information shared with the family council pursuant to paragraph (1). (i) If a facility has a family council and a licensed capacity of 16 or more, the facility shall appoint a designated staff liaison who shall be responsible for providing assistance to the family council and responding to written requests that result from family council meetings. A facility shall provide an alternate staff liaison as needed. (j) A facility shall not willfully interfere with the formation, maintenance, or promotion of a family council, or with a family council’s participation in governmental surveys or inspection activities performed by any applicable departments or other governmental entities. For purposes of this subdivision, willful interference shall include, but shall not be limited to, discrimination or retaliation in any way against an individual as a result of their participation in a family council, refusal to publicize family council meetings or provide appropriate space for meetings or postings as required under this section, failure to respond to written requests, concerns, or recommendations by a family council as required under this section. (k) (1) A violation of this section shall not be subject to Section 1569.40. (2) A violation of this section shall constitute a violation of resident rights. (3) A facility that violates this section shall be subject to a daily civil penalty of two hundred fifty dollars ($250) until the violation is corrected. A violation shall be deemed to have been corrected on the date the facility submits documentation of the correction to the department if the correction is verified by the department. (Repealed and added by Stats. 2023, Ch. 821, Sec. 5. (AB 979) Effective January 1, 2024.)
1569.159.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. )
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The department must give residential care facilities a form to attach to each resident admission agreement, and the form must tell residents about telephone company equipment and service rights.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.159. The State Department of Social Services shall provide to residential care facilities for the elderly a form, which the residential care facility for the elderly shall attach to each resident admission agreement, notifying the resident that he or she is entitled to obtain services and equipment from the telephone company. The form shall include the following information: “Any hearing or speech impaired, or otherwise disabled resident of any residential care facility for the elderly is entitled to equipment and service by the telephone company, pursuant to Section 2881 of the Public Utilities Code, to improve the quality of their telecommunications. Any resident who has a declaration from a licensed professional, or a state or federal agency pursuant to Section 2881 of the Public Utilities Code, that he or she is hearing or speech impaired, or otherwise disabled should contact the local telephone company and ask for assistance in obtaining this equipment and service.” This section shall not be construed to require, in any way, the licensee to provide a separate telephone line for any resident. (Added by Stats. 1996, Ch. 448, Sec. 2. Effective January 1, 1997.)
1569.16.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. )
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The department must pause review of certain license or special-permit applications for a set period when the applicant has a recent revocation or denial history, and all residential care facilities for the elderly are exempt from specified health planning requirements.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.16. (a) (1) If an application for a license indicates, or the department determines during the application review process, that the applicant previously was issued a license under this chapter or under Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with Section 1250), Chapter 3 (commencing with Section 1500), Chapter 3.01 (commencing with Section 1568.01), Chapter 3.4 (commencing with Section 1596.70), Chapter 3.5 (commencing with Section 1596.90), or Chapter 3.6 (commencing with Section 1597.30) and the prior license was revoked within the preceding two years, the department shall cease any further review of the application until two years have elapsed from the date of the revocation. All residential care facilities for the elderly are exempt from the health planning requirements contained in Part 2 (commencing with Section 127125) of Division 107. (2) If an application for a license or special permit indicates, or the department determines during the application review process, that the applicant previously was issued a certificate of approval by a foster family agency that was revoked by the department pursuant to subdivision (b) of Section 1534 within the preceding two years, the department shall cease any further review of the application until two years shall have elapsed from the date of the revocation. (3) If an application for a license or special permit indicates, or the department determines during the application review process, that the applicant was excluded from a facility licensed by the department pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, the department shall cease any further review of the application unless the excluded individual has been reinstated pursuant to Section 11522 of the Government Code by the department. (b) If an application for a license or special permit indicates, or the department determines during the application review process, that the applicant had previously applied for a license under any of the chapters listed in paragraph (1) of subdivision (a) and the application was denied within the last year, the department shall, except as provided in Section 1569.22, cease further review of the application until one year has elapsed from the date of the denial letter. In those circumstances where denials are appealed and upheld at an administrative hearing, review of the application shall cease for one year from the date of the decision and order being rendered by the department. The cessation of review shall not constitute a denial of the application. If there are coapplicants and the department denies a license due to concerns pertaining solely to one of the coapplicants, any other coapplicant may withdraw its application, and with the department’s written consent pursuant to Section 1569.52, shall not be deemed to have a license application denied. (c) If an application for a license or special permit indicates, or the department determines during the application review process, that the applicant had previously applied for a certificate of approval with a foster family agency and the department ordered the foster family agency to deny the application pursuant to subdivision (b) of Section 1534, the department shall cease further review of the application as follows: (1) In cases where the applicant petitioned for a hearing, the department shall cease further review of the application until one year has elapsed from the effective date of the decision and order of the department upholding a denial. (2) In cases where the department informed the applicant of his or her right to petition for a hearing and the applicant did not petition for a hearing, the department shall cease further review of the application until one year has elapsed from the date of the notification of the denial and the right to petition for a hearing. (3) The department may continue to review the application if it has determined that the reasons for the denial of the application were due to circumstances and conditions that either have been corrected or are no longer in existence. (d) The cessation of review shall not constitute a denial of the application for purposes of Section 1526 or any other law. (Amended by Stats. 2015, Ch. 628, Sec. 3. (AB 601) Effective January 1, 2016.)
1569.17.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. )
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This section requires certain people in an elderly residential care facility setting to get a criminal record clearance or exemption before entering or working, and it lets the department and director review records, deny some cases, and impose civil penalties for fingerprinting violations.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.17. The Legislature recognizes the need to generate timely and accurate positive fingerprint identification of applicants as a condition of issuing licenses, permits, or certificates of approval for persons to operate or provide direct care services in a residential care facility for the elderly. It is the intent of the Legislature in enacting this section to require the fingerprints of those individuals whose contact with clients of residential care facilities for the elderly may pose a risk to the clients’ health and safety. An individual shall be required to obtain either a criminal record clearance or a criminal record exemption from the State Department of Social Services before their initial presence in a residential care facility for the elderly. (a) (1) Before and, as applicable, subsequent to issuing a license to any person or persons to operate or manage a residential care facility for the elderly, the department shall secure from an appropriate law enforcement agency a criminal record to determine whether the applicant or any other person specified in subdivision (b) has ever been convicted of a crime other than an infraction or arrested for any crime specified in subdivision (c) of Section 290 of the Penal Code, or for violating Section 245, 273ab, or 273.5, subdivision (b) of Section 273a, or, prior to January 1, 1994, paragraph (2) of Section 273a, of the Penal Code, or for any crime for which the department is prohibited from granting a criminal record exemption pursuant to subdivision (f). (2) The criminal history information shall include the full criminal record, if any, of those persons, and subsequent arrest information pursuant to Section 11105.2 of the Penal Code. (3) The following shall apply to the criminal record information: (A) If the State Department of Social Services finds that the applicant or any other person specified in subdivision (b) has been convicted of a crime, other than an infraction, the application or presence shall be denied, unless the director grants an exemption pursuant to subdivision (f) of this section or Section 1522.7. (B) If the State Department of Social Services finds that the applicant, or any other person specified in subdivision (b), is awaiting trial for a crime other than an infraction, the State Department of Social Services may cease processing the criminal record information until the conclusion of the trial. (C) If no criminal record information has been recorded, the Department of Justice shall provide the applicant and the State Department of Social Services with a statement of that fact. (D) If the State Department of Social Services finds after licensure that the licensee, or any other person specified in paragraph (2) of subdivision (b), has been convicted of a crime other than an infraction, the license may be revoked, unless the director grants an exemption pursuant to subdivision (f). (E) An applicant and any other person specified in subdivision (b) shall submit fingerprint images and related information to the Department of Justice and the Federal Bureau of Investigation, through the Department of Justice, for a state and federal level criminal offender record information search, in addition to the search required by subdivision (a). If, after licensure, the department determines that the licensee or person specified in subdivision (b) has a criminal record, the license may be revoked pursuant to Section 1569.50. The department may also suspend the license pending an administrative hearing pursuant to Sections 1569.50 and 1569.51. (b) In addition to the applicant, the provisions of this section shall apply to criminal record clearances and exemptions for the following persons: (1) (A) Adults responsible for administration or direct supervision of staff. (B) Any person, other than a client, residing in the facility. Residents of unlicensed independent senior housing facilities that are located in contiguous buildings on the same property as a residential care facility for the elderly shall be exempt from these requirements. (C) Any person who provides client assistance in dressing, grooming, bathing, or personal hygiene. Any nurse assistant or home health aide meeting the requirements of Section 1338.5 or 1736.6, respectively, who is not employed, retained, or contracted by the licensee, and who has been certified or recertified on or after July 1, 1998, shall be deemed to meet the criminal record clearance requirements of this section. A certified nurse assistant and certified home health aide who will be providing client assistance and who falls under this exemption shall provide one copy of their current certification, prior to providing care, to the residential care facility for the elderly. The facility shall maintain the copy of the certification on file as long as the care is being provided by the certified nurse assistant or certified home health aide at the facility. Nothing in this paragraph restricts the right of the department to exclude a certified nurse assistant or certified home health aide from a licensed residential care facility for the elderly pursuant to Section 1569.58. (D) Any staff person, volunteer, or employee who has contact with the clients. (E) If the applicant is a firm, partnership, association, or corporation, the chief executive officer or other person serving in a similar capacity. (F) Additional officers of the governing body of the applicant or other persons with a financial interest in the applicant, as determined necessary by the department by regulation. The criteria used in the development of these regulations shall be based on the person’s capability to exercise substantial influence over the operation of the facility. (2) The following persons are exempt from requirements applicable under paragraph (1): (A) A spouse, relative, significant other, or close friend of a client shall be exempt if this person is visiting the client or provides direct care and supervision to that client only. (B) A volunteer to whom all of the following apply: (i) The volunteer is at the facility during normal waking hours. (ii) The volunteer is directly supervised by the licensee or a facility employee with a criminal record clearance or exemption. (iii) The volunteer spends no more than 16 hours per week at the facility. (iv) The volunteer does not provide clients with assistance in dressing, grooming, bathing, or personal hygiene. (v) The volunteer is not left alone with clients in care. (C) A third-party contractor retained by the facility if the contractor is not left alone with clients in care. (D) A third-party contractor or other business professional retained by a client and at the facility at the request or by permission of that client. These individuals shall not be left alone with other clients. (E) Licensed or certified medical professionals are exempt from fingerprint and criminal background check requirements imposed by community care licensing. This exemption does not apply to a person who is a community care facility licensee or an employee of the facility. (F) Employees of licensed home health agencies and members of licensed hospice interdisciplinary teams who have contact with a resident of a residential care facility at the request of the resident or resident’s legal decisionmaker are exempt from fingerprint and criminal background check requirements imposed by community care licensing. This exemption does not apply to a person who is a community care facility licensee or an employee of the facility. (G) Clergy and other spiritual caregivers who are performing services in common areas of the residential care facility, or who are advising an individual resident at the request of, or with permission of, the resident, are exempt from fingerprint and criminal background check requirements imposed by community care licensing. This exemption does not apply to a person who is a community care facility licensee or an employee of the facility. (H) Any person similar to those described in this subdivision, as defined by the department in regulations. (I) Nothing in this paragraph shall prevent a licensee from requiring a criminal record clearance of any individual exempt from the requirements of this section, provided that the individual has client contact. (c) (1) (A) Subsequent to initial licensure, a person specified in subdivision (b) who is not exempted from fingerprinting shall obtain either a criminal record clearance or an exemption, pursuant to subdivision (f) of this section or Section 1522.7, from the State Department of Social Services prior to employment, residence, or initial presence in a facility. A person specified in subdivision (b) who is not exempt from fingerprinting shall be fingerprinted. The licensee shall submit these fingerprint images and related information to the Department of Justice and the Federal Bureau of Investigation, through the Department of Justice, for a state and federal level criminal offender record information search, or to comply with paragraph (1) of subdivision (g) prior to the person’s employment, residence, or initial presence in the residential care facility for the elderly. The department shall not require the person to disclose their criminal history information prior to receipt of live scan results. (B) These fingerprint images and related information shall be electronically transmitted in a manner approved by the State Department of Social Services and the Department of Justice. A licensee’s failure to submit fingerprint images and related information to the Department of Justice, or to comply with paragraph (1) of subdivision (g), as required in this section, shall result in the citation of a deficiency and an immediate assessment of civil penalties in the amount of one hundred dollars ($100) per violation per day for a maximum of five days, unless the violation is a second or subsequent violation within a 12-month period in which case the civil penalties shall be in the amount of one hundred dollars ($100) per violation for a maximum of 30 days, and shall be grounds for disciplining the licensee pursuant to Section 1569.50. The State Department of Social Services may assess civil penalties for continued violations as permitted by Section 1569.49. The licensee shall then submit these fingerprint images to the State Department of Social Services for processing. Documentation of the individual’s clearance or exemption shall be maintained by the licensee and be available for inspection. The Department of Justice shall notify the department, as required by Section 1522.04, and notify the licensee by mail within 14 days of electronic transmission of the fingerprints to the Department of Justice, if the person has no criminal record. A violation of the regulations adopted pursuant to Section 1522.04 shall result in the citation of a deficiency and an immediate assessment of civil penalties in the amount of one hundred dollars ($100) per violation per day for a maximum of five days, unless the violation is a second or subsequent violation within a 12-month period in which case the civil penalties shall be in the amount of one hundred dollars ($100) per violation for a maximum of 30 days, and shall be grounds for disciplining the licensee pursuant to Section 1569.50. The department may assess civil penalties for continued violations as permitted by Section 1569.49. (2) Within 14 calendar days of the receipt of the fingerprint images, the Department of Justice shall notify the State Department of Social Services of the criminal record information, as provided for in this subdivision. If no criminal record information has been recorded, the Department of Justice shall provide the licensee and the State Department of Social Services with a statement of that fact within 14 calendar days of receipt of the fingerprint images. If new fingerprint images are required for processing, the Department of Justice shall, within 14 calendar days from the date of receipt of the fingerprint images, notify the licensee that the fingerprint images were illegible. (3) Except for persons specified in paragraph (2) of subdivision (b), the licensee shall endeavor to ascertain the previous employment history of persons required to be fingerprinted under this subdivision. If the State Department of Social Services determines, on the basis of the fingerprint images submitted to the Department of Justice, that the person has been convicted of a sex offense against a minor, an offense specified in Section 243.4, 273a, 273ab, 273d, 273g, or 368 of the Penal Code, or a felony, the State Department of Social Services shall notify the licensee in writing within 15 calendar days of the receipt of the notification from the Department of Justice to act immediately to terminate the person’s employment, remove the person from the residential care facility for the elderly, or bar the person from entering the residential care facility for the elderly. The State Department of Social Services may subsequently grant an exemption pursuant to subdivision (f). If the conviction was for another crime, except an infraction, the licensee shall, upon notification by the State Department of Social Services, act immediately to either (1) terminate the person’s employment, remove the person from the residential care facility for the elderly, or bar the person from entering the residential care facility for the elderly or (2) seek an exemption pursuant to subdivision (f). The department shall determine if the person shall be allowed to remain in the facility until a decision on the exemption is rendered by the department. A licensee’s failure to comply with the department’s prohibition of employment, contact with clients, or presence in the facility as required by this paragraph shall result in a citation of deficiency and an immediate assessment of civil penalties by the department against the licensee, in the amount of one hundred dollars ($100) per violation per day for a maximum of five days, unless the violation is a second or subsequent violation within a 12-month period in which case the civil penalties shall be in the amount of one hundred dollars ($100) per violation for a maximum of 30 days, and shall be grounds for disciplining the licensee pursuant to Section 1569.50. (4) The department may issue an exemption on its own motion pursuant to subdivision (f) if the person’s criminal history indicates that the person is of good character based on the age, seriousness, and frequency of the conviction or convictions. The department, in consultation with interested parties, shall develop regulations to establish the criteria to grant an exemption pursuant to this paragraph. (5) Concurrently with notifying the licensee pursuant to paragraph (4), the department shall notify the affected individual of the right to seek an exemption pursuant to subdivision (f). The individual may seek an exemption only if the licensee terminates the person’s employment or removes the person from the facility after receiving notice from the department pursuant to paragraph (4). (d) (1) For purposes of this section or any other provision of this chapter, a conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action that the department is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, when the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of the sentence, notwithstanding a subsequent order pursuant to the provisions of Sections 1203.4 and 1203.4a of the Penal Code permitting a person to withdraw their plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. For purposes of this section or any other provision of this chapter, the record of a conviction, or a copy thereof certified by the clerk of the court or by a judge of the court in which the conviction occurred, shall be conclusive evidence of the conviction. For purposes of this section or any other provision of this chapter, the arrest disposition report certified by the Department of Justice or documents admissible in a criminal action pursuant to Section 969b of the Penal Code shall be prima facie evidence of the conviction, notwithstanding any other law prohibiting the admission of these documents in a civil or administrative action. (2) For purposes of this section or any other provision of this chapter, the department shall consider criminal convictions from another state or federal court as if the criminal offense was committed in this state. (e) (1) The State Department of Social Services shall not use a record of arrest to deny, revoke, or terminate any application, license, employment, or residence unless the department investigates the incident and secures evidence, whether or not related to the incident of arrest, that is admissible in an administrative hearing to establish conduct by the person that may pose a risk to the health and safety of any person who is or may become a client. (2) The department shall not issue a criminal record clearance to a person who has been arrested for any crime specified in Section 290 of the Penal Code, or for violating Section 245, 273ab, or 273.5, or subdivision (b) of Section 273a of the Penal Code, or, prior to January 1, 1994, paragraph (2) of Section 273a of the Penal Code, or for any crime for which the department is prohibited from granting a record exemption pursuant to subdivision (f), prior to the department’s completion of an investigation pursuant to paragraph (1). (3) The State Department of Social Services is authorized to obtain any arrest or conviction records or reports from any law enforcement agency as necessary to the performance of its duties to inspect, license, and investigate community care facilities and individuals associated with a community care facility. (f) (1) After review of the record, the director may grant an exemption from disqualification for a license as specified in paragraphs (1) and (4) of subdivision (a), or for employment, residence, or presence in a residential care facility for the elderly as specified in paragraphs (4), (5), and (6) of subdivision (c) if the director has substantial and convincing evidence to support a reasonable belief that the applicant and the person convicted of the crime, if other than the applicant, are of such good character as to justify issuance of the license or special permit or granting an exemption for purposes of subdivision (c). However, an exemption shall not be granted pursuant to this subdivision if the conviction was for any of the following offenses: (A) An offense specified in Section 220, 243.4, or 264.1, subdivision (a) of Section 273a, or, prior to January 1, 1994, paragraph (1) of Section 273a, Section 273ab, 273d, 288, or 289, subdivision (c) of Section 290, or Section 368, of the Penal Code, or was a conviction of another crime against an individual specified in subdivision (c) of Section 667.5 of the Penal Code. (B) A felony offense specified in Section 729 of the Business and Professions Code or Section 206 or 215, subdivision (a) of Section 347, subdivision (b) of Section 417, or subdivision (a) of Section 451 of the Penal Code. (2) The director shall notify in writing the licensee or the applicant of their decision within 60 days of receipt of all information from the applicant and other sources determined necessary by the director for the rendering of a decision pursuant to this subdivision. (3) The department shall not prohibit a person from being employed or having contact with clients in a facility on the basis of a denied criminal record exemption request or arrest information unless the department complies with the requirements of Section 1569.58. (g) (1) For purposes of compliance with this section, the department may permit an individual to transfer a current criminal record clearance, as defined in subdivision (a), from one facility to another, as long as the criminal record clearance has been processed through a state licensing district office, and is being transferred to another facility licensed by a state licensing district office. The request shall be submitted to the department on a form provided by the department or submitted via the department’s secure online portal. Upon request of the licensee, who shall verify the individual’s identity, the department shall verify whether the individual has a clearance that can be transferred. (2) The State Department of Social Services shall hold criminal record clearances in its active files for a minimum of two years after an employee is no longer employed at a licensed facility in order for the criminal record clearances to be transferred under this section. (h) If a licensee or facility is required by law to deny employment or to terminate employment of any employee based on written notification from the department that the employee has a prior criminal conviction or is determined unsuitable for employment under Section 1569.58, the licensee or facility shall not incur civil liability or unemployment insurance liability as a result of that denial or termination. (i) Notwithstanding any other law, the department may provide an individual with a copy of their state or federal level criminal offender record information search response as provided to that department by the Department of Justice if the department has denied a criminal background clearance based on this information and the individual makes a written request to the department for a copy specifying an address to which it is to be sent. The state or federal level criminal offender record information search response shall not be modified or altered from its form or content as provided by the Department of Justice and shall be provided to the address specified by the individual in their written request. The department shall retain a copy of the individual’s written request and the response and date provided. (Amended by Stats. 2022, Ch. 614, Sec. 3.5. (SB 1093) Effective January 1, 2023.)
1569.171.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. )
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Before issuing a certificate of completion for the administrator certification program, the department must get a criminal record check for the person and then act as Section 1569.17 requires.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.171. Prior to issuance to any person of a certificate of completion of the administrator certification program pursuant to Section 1569.616, the department shall secure from an appropriate law enforcement agency a criminal record to determine if the person has been convicted of a crime other than a minor traffic violation. Based upon the criminal record information received, the department shall take appropriate action as provided for in Section 1569.17. (Added by Stats. 1991, Ch. 848, Sec. 1.)
1569.172.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. )
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The Department of Justice may charge a fee to cover the cost of providing services under Section 1569.17.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.172. The Department of Justice may charge a fee sufficient to cover its cost in providing services in accordance with Section 1569.17 to comply with the 14-day requirement for provision to the department of the criminal record information, as contained in subdivision (c) of Section 1569.17. (Amended by Stats. 1998, Ch. 311, Sec. 38. Effective August 19, 1998.)
1569.175.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. )
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Some residential care facilities with nonresident owners must have approved incident-and-complaint response procedures, set a weekly time when the owner or representative is present, and have compliance procedures in place by July 1, 1987.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.175. (a) In addition to any other requirements of this chapter, any residential care facility for the elderly providing residential care for six or fewer persons at which the owner does not reside shall provide a procedure approved by the licensing agency for immediate response to incidents and complaints. This procedure shall include a method of assuring that the owner, licensee, or person designated by the owner or licensee is notified of the incident, that the owner, licensee, or person designated by the owner or licensee has personally investigated the matter, and that the person making the complaint or reporting the incident has received a response of action taken or a reason why no action needs to be taken. (b) In order to assure the opportunity for complaints to be made directly to the owner, licensee, or person designated by the owner or licensee, and to provide the opportunity for the owner, licensee, or person designated by the owner or licensee to meet residents and learn of problems in the neighborhood, any facility with a nonresident owner shall establish a fixed time on a weekly basis when the owner, licensee, or person designated by the owner or licensee will be present. (c) Facilities with nonresident owners shall establish procedures to comply with the requirements of this section on or before July 1, 1987. (Added by Stats. 1986, Ch. 822, Sec. 2.)
1569.185.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. )
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This section sets licensing fees for residential care facilities for the elderly and gives the department authority to charge several additional fees.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.185. (a) (1) An application fee adjusted by facility and capacity shall be charged by the department for the issuance of a license to operate a residential care facility for the elderly. After initial licensure, a fee shall be charged by the department annually on each anniversary of the effective date of the license. The fees are for the purpose of financing activities specified in this chapter. Fees shall be assessed as follows, subject to paragraph (2): Fee Schedule Capacity Initial Application Annual 1–3 $495.60 $495.60 4–6 $990.00 $495.60 7–15 $1,486.80 $742.80 16–30 $1,980.00 $990.00 31–49 $2,476.80 $1,238.40 50–74 $2,972.40 $1,448.00 75–100 $3,469.20 $1,734.00 101–150 $3,964.80 $1,982.40 151–200 $4,622.40 $2,311.20 201–250 $5,280.00 $2,640.00 251–300 $5,940.00 $2,970.00 301–350 $6,600.00 $3,300.00 351–400 $7,260.00 $3,630.00 401–500 $8,580.00 $4,290.00 501–600 $9,900.00 $4,950.00 601–700 $11,220.00 $5,610.00 701+ $13,200.00 $6,600.00 (2) (A) The Legislature finds that all revenues generated by fees for licenses computed under this section and used for the purposes for which they were imposed are not subject to Article XIII B of the California Constitution. (B) The department, at least every five years, shall analyze initial application fees and annual fees issued by it to ensure the appropriate fee amounts are charged. The department shall recommend to the Legislature that fees established by the Legislature be adjusted as necessary to ensure that the amounts are appropriate. (b) (1) In addition to fees set forth in subdivision (a), the department shall charge all of the following fees: (A) A fee that represents 50 percent of an established application fee when an existing licensee moves the facility to a new physical address. (B) A fee that represents 50 percent of the established application fee when a corporate licensee changes who has the authority to select a majority of the board of directors. (C) A fee of twenty-five dollars ($25) when an existing licensee seeks to either increase or decrease the licensed capacity of the facility. (D) An orientation fee of fifty dollars ($50) for attendance by an individual at a department-sponsored orientation session. (E) A probation monitoring fee equal to the current annual fee, in addition to the current annual fee for that category and capacity for each year a license has been placed on probation as a result of a stipulation or decision and order pursuant to the administrative adjudication procedures of the Administrative Procedure Act (Chapter 4.5 (commencing with Section 11400) and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code). (F) A late fee that represents an additional 50 percent of the established current annual fee when a licensee fails to pay the current annual licensing fee on or before the due date as indicated by postmark on the payment. (G) A fee to cover any costs incurred by the department for processing payments including, but not limited to, bounced check charges, charges for credit and debit transactions, and postage due charges. (H) A plan of correction fee of two hundred dollars ($200) when a licensee does not implement a plan of correction on or prior to the date specified in the plan. (2) A local jurisdiction shall not impose a business license, fee, or tax for the privilege of operating a facility licensed under this chapter that serves six or fewer persons. (c) (1) The revenues collected from licensing fees pursuant to this section shall be utilized by the department for the purpose of ensuring the health and safety of all individuals provided care or supervision by licensees and to support the activities of the licensing programs, including, but not limited to, monitoring facilities for compliance with licensing laws and regulations pursuant to this chapter, and other administrative activities in support of the licensing program, when appropriated for these purposes. The revenues collected shall be used in addition to any other funds appropriated in the annual Budget Act in support of the licensing program. The department shall adjust the fees collected pursuant to this section to ensure that they do not exceed the costs described in this paragraph. (2) The department shall not utilize any portion of these revenues sooner than 30 days after notification in writing of the purpose and use, as approved by the Department of Finance, to the Chairperson of the Joint Legislative Budget Committee, and the chairpersons of the committee in each house that considers appropriations for each fiscal year. The department shall submit a budget change proposal to justify any positions or any other related support costs on an ongoing basis. (d) A residential care facility for the elderly may use a bona fide business check to pay the license fee required under this section. (e) The failure of an applicant for licensure or a licensee to pay all applicable and accrued fees and civil penalties shall constitute grounds for denial or forfeiture of a license. (Amended by Stats. 2014, Ch. 707, Sec. 2. (SB 1382) Effective January 1, 2015.)
1569.19.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. )
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A license for a residential care facility for the elderly is forfeited automatically before it expires if listed events occur, such as transfer, surrender, relocation, certain convictions, death, or abandonment.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.19. A license shall be forfeited by operation of law prior to its expiration date when one of the following occurs: (a) The licensee sells or otherwise transfers the facility or facility property, except when change of ownership applies to transferring of stock when the facility is owned by a corporation and when the transfer of stock does not constitute a majority change in ownership. The sale of a facility shall be subject to the requirements of this chapter. (b) The licensee surrenders the license to the department. (c) The licensee moves a facility from one location to another. The department shall develop regulations to ensure that the facilities are not charged a full licensing fee and do not have to complete the entire application process when applying for a license for the new location. (d) The licensee is convicted of an offense specified in Section 220, 243.4, or 264.1, or paragraph (1) of Section 273a, Section 273d, 288, or 289 of the Penal Code, or is convicted of another crime specified in subdivision (c) of Section 667.5 of the Penal Code. (e) The licensee dies. When a licensee dies, the continued operation shall be subject to the requirements of Section 1569.193. (f) The licensee abandons the facility. A licensee who abandons the facility and the residents in care resulting in an immediate and substantial threat to the health and safety of the abandoned residents, in addition to forfeiture of the license pursuant to this section, shall be excluded from licensure in facilities licensed by the department without the right to petition for reinstatement. (Amended by Stats. 2014, Ch. 700, Sec. 1. (AB 1899) Effective January 1, 2015.)
1569.191.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. )
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When a licensed elder-care facility is sold and a new license will be needed, the licensee must give notice, the buyer must apply for a license quickly, and the sale cannot close until licensing conditions are met or a stated exception applies.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.191. (a) Notwithstanding Section 1569.19, in the event of a sale of a licensed facility where the sale will result in a new license being issued, the sale and transfer of property and business shall be subject to both of the following: (1) The licensee shall provide written notice to the department and to each resident or his or her legal representative of the licensee’s intent to sell the facility at least 30 days prior to the transfer of the property or business, or at the time that a bona fide offer is made, whichever period is longer. (2) The licensee shall, prior to entering into an admission agreement, inform all residents, or their legal representatives, admitted to the facility after notification to the department, of the licensee’s intent to sell the property or business. (b) Except as provided in subdivision (e), the property and business shall not be transferred until the buyer qualifies for a license or provisional license within the appropriate provisions of this chapter. (1) The seller shall notify, in writing, a prospective buyer of the necessity to obtain a license, as required by this chapter, if the buyer’s intent is to continue operating the facility as a residential care facility for the elderly. The seller shall send a copy of this written notice to the licensing agency. (2) The prospective buyer shall submit an application for a license, as specified in Section 1569.15, within five days of the acceptance of the offer by the seller. (c) No sale of the facility shall be permitted until 30 days have elapsed from the date upon which notice has been provided pursuant to paragraphs (1) and (2) of subdivision (a). (d) The department shall give priority to applications for licensure that are submitted pursuant to this section in order to ensure timely transfer of the property and business. The department shall make a decision within 60 days after a complete application is submitted on whether to issue a license pursuant to Section 1569.15. (e) If the parties involved in the transfer of the property and business fully comply with this section, then the transfer may be completed and the buyer shall not be considered to be operating an unlicensed facility while the department makes a final determination on the application for licensure. (f) Facilities that are subject to Chapter 10 (commencing with Section 1770) of Division 2, including Section 1789.4, shall not be subject to paragraph (1) of subdivision (a), and subdivisions (c) and (d). (Amended by Stats. 1993, Ch. 526, Sec. 2. Effective January 1, 1994.)
1569.192.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. )
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A residential care facility licensee may request inactive license status, but must submit a written request to the department for review and approval. During inactive status, the license is not valid for Section 1569.10, the department may set time limits, waive the annual fee, and inspect if it believes the facility is operating.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.192. (a) A licensee of a residential care facility for the elderly may request inactive license status for either of the following: (1) If the facility is nonoperational due to its destruction, significant damage, or prolonged closure due to an emergency or disaster pursuant to Chapter 15 (commencing with Section 1796.80) of Division 2 of the Health and Safety Code. (2) For any other period of inactivity in the operation of the facility. (b) For a period of inactivity, as described in paragraph (2) of subdivision (a), the following shall apply: (1) A licensee shall submit a written request for inactive license status, on a form approved by the department, to the department for review and approval. (2) The department may impose time limitations on inactive license status and identify situations in which inactive license status is not permitted. (3) Notwithstanding any other law, the department may waive, in whole or in part, on a year-by-year basis, the annual fee specified in paragraph (1) of subdivision (a) of Section 1569.185 during the period of inactive license status. (4) Paragraph (2) of subdivision (a) shall become operative on January 1, 2028. (c) A license shall not be valid, for the purposes of Section 1569.10, during any period of inactive license status. A licensee shall be responsible for complying with all licensing standards when inactive license status ends. The department’s timeframe for required site visits may be adjusted during the period of inactive license status. However, if the department believes the licensee is operating during a period in which the department has granted inactive license status to the licensee, the department may enter the facility for any inspection permitted by law. (d) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of interim licensing standards, which shall have the same force and effect as regulations, until regulations are adopted. (Added by Stats. 2025, Ch. 546, Sec. 7. (SB 582) Effective January 1, 2026.)
1569.193.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. )
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If a licensee dies, a designated adult relative or other nonrelated adult with control of the property may continue operating the facility if the listed conditions are met.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.193. (a) When a licensee dies, an adult relative, or other nonrelated adult, who has control of the property may be designated as the responsible party to continue operation of the facility if the following conditions are met: (1) The licensee has filed a notarized written statement with the department designating the responsible party in the event of death, and the licensee has submitted the following information to the department: (A) A notarized statement, signed by the designee acknowledging acceptance of designation as responsible party. (B) A declaration signed by the designee under penalty of perjury regarding any prior criminal convictions. (2) The designee files an application for licensure pursuant to Section 1569.15 within 20 working days of the date of death, shows evidence satisfactory to the department that he or she has the ability to operate the facility, and provides evidence of the licensee’s death. (b) A designee under this section shall notify the department of the licensee’s death by the close of business on the department’s next business day following the licensee’s death. (c) (1) If the designee decides not to apply for licensure, he or she shall notify the department of that decision within five working days of the licensee’s death. If the designee decides not to apply, the department shall assist the designee in the development and implementation of a relocation plan. (2) If the designee decides to apply for licensure, the department shall decide within 60 days after the application is submitted whether to issue a provisional license pursuant to Section 1569.21. A provisional license shall be granted only if the department is satisfied that the conditions specified in subdivision (a) have been met and that the health and safety of the residents of the facility will not be jeopardized. (d) If the designee complies with this section, he or she shall not be considered to be operating an unlicensed facility while the department decides whether to grant the provisional license. (Amended by Stats. 1998, Ch. 179, Sec. 1. Effective January 1, 1999.)
1569.194.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. )
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Certain licensed elderly residential care facilities must give a copy of their disaster and mass casualty plan to requesting local emergency authorities.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.194. (a) Every residential care facility for the elderly that is licensed or has a valid special permit therefor pursuant to Section 1569.10 shall provide a copy of the disaster and mass casualty plan required pursuant to Section 87223 of Title 22 of the California Code of Regulations to any fire department, law enforcement agency, or civil defense or other disaster authority in the area or community in which the facility is located, upon request by the fire department, law enforcement agency, or civil defense or other disaster authority. Section 1569.40 shall not apply to this section. (b) The department is not required to monitor compliance with this section as part of its regulatory monitoring functions. (Added by Stats. 2007, Ch. 18, Sec. 2. Effective January 1, 2008.)
1569.2.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 1. General Provisions [1569 - 1569.5] ( Article 1 added by Stats. 1985, Ch. 1127, Sec. 3. )
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This section defines key terms used in the chapter on residential care facilities for the elderly.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 1. General Provisions [1569 - 1569.5] ( Article 1 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.2. As used in this chapter: (a) “Administrator” means the individual designated by the licensee to act on behalf of the licensee in the overall management of the facility. The licensee, if an individual, and the administrator may be one and the same person. (b) “Beneficial ownership interest” means an ownership interest through the possession of stock, equity in capital, or any interest in the profits of the applicant or licensee, or through the possession of such an interest in other entities that directly or indirectly hold an interest in the applicant or licensee. The percentage of beneficial ownership in the applicant or licensee that is held by any other entity is determined by multiplying the other entities’ percentage of ownership interest at each level. (c) “Care and supervision” means the facility assumes responsibility for, or provides or promises to provide in the future, ongoing assistance with activities of daily living without which the resident’s physical health, mental health, safety, or welfare would be endangered. Assistance includes assistance with taking medications, money management, or personal care. (d) “Chain” means a group of two or more licensees that are controlled, as defined in this section, by the same persons or entities. (e) “Control” means the ability to direct the operation or management of the applicant or licensee and includes the ability to exercise control through intermediary or subsidiary entities. (f) “Department” means the State Department of Social Services. (g) “Director” means the Director of Social Services. (h) “Health-related services” mean services that shall be directly provided by an appropriate skilled professional, including a registered nurse, licensed vocational nurse, physical therapist, or occupational therapist. (i) “Instrumental activities of daily living” means any of the following: housework, meals, laundry, taking of medication, money management, appropriate transportation, correspondence, telephoning, and related tasks. (j) “License” means a basic permit to operate a residential care facility for the elderly. (k) “Parent organization” means an organization in control of another organization either directly or through one or more intermediaries. (l) “Personal activities of daily living” means any of the following: dressing, feeding, toileting, bathing, grooming, and mobility and associated tasks. (m) “Personal care” means assistance with personal activities of daily living, to help provide for and maintain physical and psychosocial comfort. (n) “Protective supervision” means observing and assisting confused residents, including persons with dementia, to safeguard them against injury. (o) (1) “Residential care facility for the elderly” means a housing arrangement chosen voluntarily by persons 60 years of age or over, or their authorized representative, where varying levels and intensities of care and supervision, protective supervision, or personal care are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility. Persons under 60 years of age with compatible needs may be allowed to be admitted or retained in a residential care facility for the elderly as specified in Section 1569.316. (2) This subdivision shall be operative only until the enactment of legislation implementing the three levels of care in residential care facilities for the elderly pursuant to Section 1569.70. (p) (1) “Residential care facility for the elderly” means a housing arrangement chosen voluntarily by persons 60 years of age or over, or their authorized representative, where varying levels and intensities of care and supervision, protective supervision, personal care, or health-related services are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility. Persons under 60 years of age with compatible needs may be allowed to be admitted or retained in a residential care facility for the elderly as specified in Section 1569.316. (2) This subdivision shall become operative upon the enactment of legislation implementing the three levels of care in residential care facilities for the elderly pursuant to Section 1569.70. (q) “Sundowning” means a condition in which persons with cognitive impairment experience recurring confusion, disorientation, and increasing levels of agitation that coincide with the onset of late afternoon and early evening. (r) “Supportive services” means resources available to the resident in the community that help to maintain their functional ability and meet their needs as identified in the individual resident assessment. Supportive services may include any of the following: medical, dental, and other health care services; transportation; recreational and leisure activities; social services; and counseling services. (Amended by Stats. 2016, Ch. 86, Sec. 179. (SB 1171) Effective January 1, 2017.)
1569.20.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. )
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The department must quickly review an initial license application for completeness and, if complete, request fire clearance and proceed toward inspection; if incomplete, it must ask for the missing information.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.20. Upon the filing of the application for issuance of an initial license, the department shall, within five working days of the filing, make a determination regarding the completeness of the application. If the application is complete, the department shall immediately request a fire clearance and notify the applicant to arrange a time for the department to conduct a prelicensure inspection. If the department determines that an application is for licensure of a currently licensed facility for which there is no material change to the management or operations of the facility, the prelicensure inspection is optional at the discretion of the department. If the application is incomplete, the department shall notify the applicant and request the necessary information. Within 60 days of making a determination that the file is complete, the department shall make a determination whether the application is in compliance with this chapter and the rules and regulations of the department and shall either immediately issue the license or notify the applicant of the deficiencies. The notice shall specify whether the deficiencies constitute denial of the application or whether further corrections for compliance will likely result in approval of the application. (Amended by Stats. 2014, Ch. 29, Sec. 22. (SB 855) Effective June 20, 2014.)
1569.21.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. )
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The director may issue a provisional license for certain elderly residential care facilities if they are substantially compliant and pose no life safety risks.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.21. The director may issue provisional licenses to operate residential care facilities for the elderly for the facilities which the director determines are in substantial compliance with this chapter and the rules and regulations adopted pursuant thereto; provided, that no life safety risks are involved, as determined by the director. In determining whether any life safety risks are involved, the director shall require completion of all applicable fire clearances and criminal record clearances as otherwise required by the department’s rules and regulations. This provisional license shall expire six months from the date of issuance, or at such earlier time as the director may determine, and may not be renewed. However, the director may extend the term of a provisional license for an additional six months at time of application, if it is determined that more than six months will be required to achieve full compliance with licensing standards due to circumstances beyond the control of the applicant; provided, that all other requirements for a license have been met. (Added by Stats. 1985, Ch. 1127, Sec. 3.)
1569.22.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. )
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If a license application is denied, the department must notify the applicant in writing, and the applicant may file a written hearing petition within 15 days after the notice is mailed.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.22. Immediately upon the denial of any application for a license, the department shall notify the applicant in writing. Within 15 days after the department mails the notice, the applicant may present his or her written petition for a hearing to the department. Upon receipt by the department of the petition in proper form, the petition shall be set for hearing. The proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department has all the powers granted therein. (Added by Stats. 1985, Ch. 1127, Sec. 3.)
1569.23.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. )
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Applicants for licensure must complete a department-approved certification program, with required coursework and a state exam.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.23. (a) As a requirement for licensure, the applicant shall demonstrate that he or she has successfully completed a certification program approved by the department. (b) The certification program shall consist of both of the following: (1) Eighty hours of coursework, at least 60 hours of which shall be attended in person. (2) A state-administered examination consisting of no less than 100 questions. The examination shall reflect the uniform core of knowledge required pursuant to subdivision (c). (c) The certification program shall include a uniform core of knowledge which shall include all of the following: (1) Law, including regulations, policies, and procedural standards that impact the operations of residential care facilities for the elderly. (2) Business operations. (3) Management and supervision of staff. (4) Psychosocial need of the elderly residents. (5) Physical needs for elderly residents. (6) Community and support services. (7) Medication management, including use, misuse, and interaction of drugs commonly used by the elderly, including antipsychotics, and the adverse effects of psychotropic drugs for use in controlling the behavior of persons with dementia. (8) Resident admission, retention, and assessment procedures. (9) Managing Alzheimer’s disease and related dementias, including nonpharmacologic, person-centered approaches to dementia care. (10) Managing the physical environment, including maintenance and housekeeping. (11) Residents’ rights, and the importance of initial and ongoing training for all staff to ensure residents’ rights are fully respected and implemented. (12) Cultural competency and sensitivity in issues relating to the underserved, aging, lesbian, gay, bisexual, and transgender community. (13) Postural supports, restricted health conditions, and hospice care. (d) Successful completion of the certification program shall be demonstrated by passing the state-administered examination and submitting a fee of one hundred dollars ($100) to the department for the issuance of a certificate of completion. (e) (1) The department shall establish by regulation the program content, the testing instrument, process for approving certification programs, and criteria to be used for authorizing individuals or organizations to conduct certification programs. These regulations shall be developed with the participation of provider organizations. (2) The department shall ensure that the examination consists of at least 100 questions and allows an applicant to have access to the California Residential Care Facility for the Elderly Act and related regulations during the examination. The department, no later than July 1 of every other year, shall review and revise the examination in order to ensure the rigor and quality of the examination. Each year, the department shall ensure by January 1 that the exam is not in conflict with current law. The department may convene a stakeholder group to assist in developing and reviewing test questions. (f) This section shall apply to all applications for licensure unless the applicant provides evidence that he or she has a current license for another residential care facility for the elderly which was initially licensed prior to July 1, 1989, or has successfully completed an approved certification program within the prior five years. (g) If the applicant is a firm, partnership, association, or corporation, the chief executive officer, or other person serving in a like capacity, or the designated administrator of the facility, shall provide evidence of successfully completing an approved certification program. (h) This section shall become operative on January 1, 2016. (Repealed (in Sec. 1) and added by Stats. 2014, Ch. 698, Sec. 2. (AB 1570) Effective January 1, 2015. Section operative January 1, 2016, by its own provisions.)
1569.235.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. )
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An applicant must attend a department orientation to qualify for licensure.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.235. As a requirement for licensure, the applicant shall attend an orientation given by the department which outlines the applicable rules and regulations, and the scope and responsibility for operation of a residential care facility for the elderly. (Added by Stats. 1991, Ch. 848, Sec. 3.)
1569.24.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. )
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After a facility gets its first resident, the department must inspect it within 90 days, and the licensee must notify the department within 5 business days that the facility has started operating.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2. Licensing [1569.10 - 1569.24] ( Article 2 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.24. Within 90 days after a facility accepts its first resident for placement following its initial licensure, the department shall inspect the facility to evaluate compliance with rules and regulations and to assess the facility’s continuing ability to meet regulatory requirements. The licensee shall notify the department, within five business days after accepting its first resident for placement, that the facility has commenced operating. The department may take appropriate remedial action as provided for in this chapter. (Amended by Stats. 2006, Ch. 902, Sec. 11. Effective January 1, 2007.)
1569.261.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2.5. Resident’s Bill of Rights [1569.261 - 1569.269] ( Article 2.5 added by Stats. 2014, Ch. 702, Sec. 1. )
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This section says the Legislature’s goal is to create basic rights for elderly residential care facility residents and require facilities to respect them.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2.5. Resident’s Bill of Rights [1569.261 - 1569.269] ( Article 2.5 added by Stats. 2014, Ch. 702, Sec. 1. ) ## 1569.261. (a) It is the intent of the Legislature in enacting this article to adopt fundamental rights for all persons residing in a residential care facility for the elderly, as defined in Section 1569.2, and to ensure that facilities respect and promote these rights. (b) In establishing this bill of rights, the Legislature intends that persons residing in residential care facilities for the elderly be treated with dignity, kindness, and respect, and that their civil liberties be fully honored. (c) A central purpose of the bill of rights is to strengthen a resident’s right to make choices about his or her care, treatment, and daily life in the facility and to ensure that the resident’s choices are respected. The Legislature intends to enhance each resident’s autonomy and ability to make decisions concerning his or her life. (d) The Legislature also intends that each residential care facility for the elderly provide a safe, comfortable, and homelike environment for its residents and that it protect residents from physical or mental abuse, neglect, exploitation, or endangerment. (Added by Stats. 2014, Ch. 702, Sec. 1. (AB 2171) Effective January 1, 2015.)
1569.265.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2.5. Resident’s Bill of Rights [1569.261 - 1569.269] ( Article 2.5 added by Stats. 2014, Ch. 702, Sec. 1. )
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Residents in privately operated residential care facilities for the elderly keep their civil and legal rights, and this article does not reduce other constitutional, state, or federal rights.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2.5. Resident’s Bill of Rights [1569.261 - 1569.269] ( Article 2.5 added by Stats. 2014, Ch. 702, Sec. 1. ) ## 1569.265. (a) Rights and liberties set forth in this article do not diminish a resident’s constitutional rights or any other rights set forth in other state or federal laws and regulations. Persons residing in residential care facilities for the elderly shall continue to enjoy all of their civil and legal rights. (b) The provisions of this article apply only to privately operated residential care facilities for the elderly. (Added by Stats. 2014, Ch. 702, Sec. 1. (AB 2171) Effective January 1, 2015.)
1569.267.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2.5. Resident’s Bill of Rights [1569.261 - 1569.269] ( Article 2.5 added by Stats. 2014, Ch. 702, Sec. 1. )
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At admission, facility staff must explain residents’ rights and give a written copy. The licensee must get signed and dated copies, post the rights for residents, and provide staff training.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2.5. Resident’s Bill of Rights [1569.261 - 1569.269] ( Article 2.5 added by Stats. 2014, Ch. 702, Sec. 1. ) ## 1569.267. (a) At admission, a facility staff person shall personally advise a resident and the resident’s representative of, and give a complete written copy of, the rights in this article and the personal rights in Section 87468 of Title 22 of the California Code of Regulations. The licensee shall have each resident and the resident’s representative sign and date a copy of the resident’s rights, and the licensee shall include the signed and dated copy in the resident’s record. (b) Licensees shall prominently post, in areas accessible to the residents and their representatives, a copy of the residents’ rights. (c) The rights posted pursuant to subdivision (b) shall be posted both in English and in any other language in a facility in which 5 percent or more of the residents can only read that other language. (d) The licensee shall provide initial and ongoing training for all members of its staff to ensure that residents’ rights are fully respected and implemented. (Added by Stats. 2014, Ch. 702, Sec. 1. (AB 2171) Effective January 1, 2015.)
1569.269.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2.5. Resident’s Bill of Rights [1569.261 - 1569.269] ( Article 2.5 added by Stats. 2014, Ch. 702, Sec. 1. )
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Residents in elderly residential care facilities have a broad set of rights, and the licensee must respond to grievances, post contact information for social services and the ombudsman, and avoid discrimination.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2.5. Resident’s Bill of Rights [1569.261 - 1569.269] ( Article 2.5 added by Stats. 2014, Ch. 702, Sec. 1. ) ## 1569.269. (a) Residents of residential care facilities for the elderly shall have all of the following rights: (1) To be accorded dignity in their personal relationships with staff, residents, and other persons. (2) To be granted a reasonable level of personal privacy in accommodations, medical treatment, personal care and assistance, visits, communications, telephone conversations, use of the internet, and meetings of resident and family groups. (3) To confidential treatment of their records and personal information and to approve their release, except as authorized by law. (4) To be encouraged and assisted in exercising their rights as citizens and as residents of the facility. Residents shall be free from interference, coercion, discrimination, and retaliation in exercising their rights. (5) To be accorded safe, healthful, and comfortable accommodations, furnishings, and equipment. (6) To care, supervision, and services that meet their individual needs and are delivered by staff that are sufficient in numbers, qualifications, and competency to meet their needs. (7) To be served food of the quality and in the quantity necessary to meet their nutritional needs. (8) To make choices concerning their daily life in the facility. (9) To fully participate in planning their care, including the right to attend and participate in meetings or communications regarding the care and services to be provided in accordance with Section 1569.80, and to involve persons of their choice in the planning process. The licensee shall provide necessary information and support to ensure that residents direct the process to the maximum extent possible, and are enabled to make informed decisions and choices. (10) To be free from neglect, financial exploitation, involuntary seclusion, punishment, humiliation, intimidation, and verbal, mental, physical, or sexual abuse. (11) To present grievances and recommend changes in policies, procedures, and services to the staff of the facility, the facility’s management and governing authority, and to any other person without restraint, coercion, discrimination, reprisal, or other retaliatory actions. The licensee shall take prompt actions to respond to residents’ grievances. (12) To contact the State Department of Social Services, the long-term care ombudsman, or both, regarding grievances against the licensee. The licensee shall post the telephone numbers and addresses for the local offices of the State Department of Social Services and ombudsman program, in accordance with Section 9718 of the Welfare and Institutions Code, conspicuously in the facility foyer, lobby, residents’ activity room, or other location easily accessible to residents. (13) To be fully informed, as evidenced by the resident’s written acknowledgment prior to or at the time of admission, of all rules governing residents’ conduct and responsibilities. In accordance with Section 1569.885, all rules established by a licensee shall be reasonable and shall not violate any rights set forth in this chapter or in other applicable laws or regulations. (14) To receive in the admission agreement a comprehensive description of the method for evaluating residents’ service needs and the fee schedule for the items and services provided, and to receive written notice of any rate increases pursuant to Sections 1569.655 and 1569.884. (15) To be informed in writing at or before the time of admission of any resident retention limitations set by the state or licensee, including any limitations or restrictions on the licensee’s ability to meet residents’ needs. (16) To reasonable accommodation of individual needs and preferences in all aspects of life in the facility, except when the health or safety of the individual or other residents would be endangered. (17) To reasonable accommodation of resident preferences concerning room and roommate choices. (18) To written notice of any room changes at least 30 days in advance unless the request for a change is agreed to by the resident, required to fill a vacant bed, or necessary due to an emergency. (19) To share a room with the resident’s spouse, domestic partner, or a person of the resident’s choice when both spouses, partners, or residents live in the same facility and consent to the arrangement. (20) To select their own physicians, pharmacies, privately paid personal assistants, hospice agency, and health care providers, in a manner that is consistent with the resident’s contract of admission or other rules of the facility, and in accordance with this act. (21) To have prompt access to review all of their records and to purchase photocopies. Photocopied records shall be promptly provided, not to exceed two business days, at a cost not to exceed the community standard for photocopies. (22) To be protected from involuntary transfers, discharges, and evictions in violation of state laws and regulations. Facilities shall not involuntarily transfer or evict residents for grounds other than those specifically enumerated under state law or regulations, and shall comply with enumerated eviction and relocation protections for residents. For purposes of this paragraph, “involuntary” means a transfer, discharge, or eviction that is initiated by the licensee, not by the resident. (23) To move from a facility. (24) To consent to have relatives and other individuals of the resident’s choosing visit during reasonable hours, privately and without prior notice. (25) To receive written information on the right to establish an advanced health care directive and, pursuant to Section 1569.156, the licensee’s written policies on honoring those directives. (26) To be encouraged to maintain and develop their fullest potential for independent living through participation in activities that are designed and implemented for this purpose, in accordance with Section 87219 of Title 22 of the California Code of Regulations. (27) To organize and participate in a resident council that is established pursuant to Section 1569.157. (28) To protection of their property from theft or loss in accordance with Sections 1569.152, 1569.153, and 1569.154. (29) To manage their financial affairs. A licensee shall not require residents to deposit their personal funds with the licensee. Except as provided in approved continuing care agreements, a licensee, or a spouse, domestic partner, relative, or employee of a licensee, shall not do any of the following: (A) Accept appointment as a guardian or conservator of the person or estate of a resident. (B) Become or act as a representative payee for any payments made to a resident, without the written and documented consent of the resident or the resident’s representative. (C) Serve as an agent for a resident under any general or special power of attorney. (D) Become or act as a joint tenant on any account with a resident. (E) Enter into a loan or promissory agreement or otherwise borrow money from a resident without a notarized written agreement outlining the terms of the repayment being given to the resident. (30) To keep, have access to, and use their own personal possessions, including toilet articles, and to keep and be allowed to spend their own money, unless limited by statute or regulation. (31) To request, refuse, or discontinue a service. (b) A licensed residential care facility for the elderly shall not discriminate against a person seeking admission or a resident based on sex, race, color, religion, national origin, marital status, registered domestic partner status, ancestry, actual or perceived sexual orientation, or actual or perceived gender identity. (c) No provision of a contract of admission, including all documents that a resident or the resident’s representative is required to sign as part of the contract for, or as a condition of, admission to a residential care facility for the elderly, shall require that a resident waive benefits or rights to which they are entitled under this chapter or provided by federal or other state law or regulation. (d) Residents’ family members, friends, and representatives have the right to organize and participate in a family council that is established pursuant to Section 1569.158. (e) The rights specified in this section shall be in addition to any other rights provided by law. (f) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Amended by Stats. 2024, Ch. 340, Sec. 1. (SB 1406) Effective January 1, 2025.)
1569.280.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2.7. Firearms, Ammunition, and Deadly Weapons [1569.280 - 1569.284] ( Article 2.7 added by Stats. 2019, Ch. 840, Sec. 4. )
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Facilities are not required to accept, store, or keep firearms or ammunition, and the department must adopt implementing regulations.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2.7. Firearms, Ammunition, and Deadly Weapons [1569.280 - 1569.284] ( Article 2.7 added by Stats. 2019, Ch. 840, Sec. 4. ) ## 1569.280. (a) This article shall be known, and may be cited, as the Keep Our Seniors Safe Act. (b) This article does not require a facility to accept, store, or retain firearms or ammunition. (c) The department shall promulgate regulations to implement this article. (d) Until regulations are adopted, the department may implement and administer the provisions of this article through the issuance of written directives that have the same force and effect as regulations. The directives shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Added by Stats. 2019, Ch. 840, Sec. 4. (SB 172) Effective January 1, 2020.)
1569.281.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2.7. Firearms, Ammunition, and Deadly Weapons [1569.280 - 1569.284] ( Article 2.7 added by Stats. 2019, Ch. 840, Sec. 4. )
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This section defines terms used in the article, including firearm, ammunition, antique firearm, deadly weapon, handgun, and facility.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2.7. Firearms, Ammunition, and Deadly Weapons [1569.280 - 1569.284] ( Article 2.7 added by Stats. 2019, Ch. 840, Sec. 4. ) ## 1569.281. As used in this article, the following terms have the following meanings: (a) “Firearm” means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion, including the frame or receiver of the device. (b) “Ammunition” means one or more loaded cartridges consisting of a primed case, propellant, and with one or more projectiles. “Ammunition” does not include blanks. (c) “Antique firearm” has the same meaning as set forth, and has the same meaning as, in Section 921(a)(16) of Title 18 of the United States Code. (d) “Deadly weapon” means any of the following: (1) Any weapon, the possession or concealed carrying of which is prohibited by Section 16590 of the Penal Code. (2) A destructive device, as defined in Section 16460 of the Penal Code. (e) “Handgun” has the same meaning as set forth in Section 16640 of the Penal Code and includes the frame or receiver of the same. (f) “Facility” means a residential care facility for the elderly licensed by the State Department of Social Services, Community Care Licensing Division. (Added by Stats. 2019, Ch. 840, Sec. 4. (SB 172) Effective January 1, 2020.)
1569.282.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2.7. Firearms, Ammunition, and Deadly Weapons [1569.280 - 1569.284] ( Article 2.7 added by Stats. 2019, Ch. 840, Sec. 4. )
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If a licensee lets residents have firearms on the premises, the licensee must accept and centrally store resident and licensee firearms and ammunition, with firearms unloaded in a locked gun safe and ammunition stored separately in a locked location.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2.7. Firearms, Ammunition, and Deadly Weapons [1569.280 - 1569.284] ( Article 2.7 added by Stats. 2019, Ch. 840, Sec. 4. ) ## 1569.282. A licensee that permits residents to possess firearms on the facility premises shall do all of the following: (a) Accept and centrally store a resident’s firearm, ammunition, or both. (b) Retain and centrally store a licensee’s firearm, ammunition, or both. (c) Residents’ and licensees’ firearms, ammunition, or both shall be centrally stored in the facility and in the following manner: (1) Firearms shall be centrally stored unloaded, in a locked gun safe, that meets the regulatory standards established by the Department of Justice in Section 4100 of Title 11 of the California Code of Regulations. (2) Ammunition shall be centrally stored separately in a locked location different from firearms. (Added by Stats. 2019, Ch. 840, Sec. 4. (SB 172) Effective January 1, 2020.)
1569.283.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2.7. Firearms, Ammunition, and Deadly Weapons [1569.280 - 1569.284] ( Article 2.7 added by Stats. 2019, Ch. 840, Sec. 4. )
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A licensee at a residential care facility for the elderly may not accept, retain, or store certain weapons or firearms, with limited exceptions.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2.7. Firearms, Ammunition, and Deadly Weapons [1569.280 - 1569.284] ( Article 2.7 added by Stats. 2019, Ch. 840, Sec. 4. ) ## 1569.283. (a) A licensee shall not accept, retain, or store any deadly weapon, as defined in Section 1569.281, of a resident or licensee. (b) A licensee shall not accept, retain, or store any of the following firearms owned or possessed by a resident or licensee: (1) A firearm regulated pursuant to Chapter 1 (commencing with Section 18710) of Division 5 of Title 2 of Part 6 of the Penal Code. (2) A firearm regulated pursuant to Chapter 2 (commencing with Section 30500) of Division 10 of Title 4 of Part 6 of the Penal Code. (3) A firearm regulated pursuant to Chapter 6 (commencing with Section 32610) of Division 10 of Title 4 of Part 6 of the Penal Code. (4) A firearm regulated pursuant to Article 2 (commencing with Section 33300) of Chapter 8 of Division 10 of Title 4 of Part 6 of the Penal Code. (c) The licensee shall not accept, retain, or store a firearm required to be registered with the Department of Justice pursuant to Section 29180 of the Penal Code unless it verifies it is in fact registered with the Department of Justice pursuant to Section 29180 of the Penal Code. (d) The licensee may accept, retain, or store a firearm that is otherwise required to be registered with the Department of Justice pursuant to Section 29180 of the Penal Code but which is exempt from the registration requirements because it was entered into the centralized registry set forth in Section 11106 of the Penal Code prior to July 1, 2018, as being owned by a specific individual or entity if that firearm has assigned to it a distinguishing number or mark of identification because the department accepted entry of that firearm into the centralized registry. (e) Commencing July 1, 2021, unless it is an antique firearm, the licensee shall not accept, retain, or store a firearm unless the owner of the firearm provides to the licensee documentation that the person is listed with the Department of Justice pursuant to Section 11106 of the Penal Code as the registered owner of that firearm. (Added by Stats. 2019, Ch. 840, Sec. 4. (SB 172) Effective January 1, 2020.)
1569.284.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2.7. Firearms, Ammunition, and Deadly Weapons [1569.280 - 1569.284] ( Article 2.7 added by Stats. 2019, Ch. 840, Sec. 4. )
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Certain firearm acceptance, storage, and retention by a facility licensee is not treated as a loan, sale, receipt, or transfer under the cited Penal Code sections.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 2.7. Firearms, Ammunition, and Deadly Weapons [1569.280 - 1569.284] ( Article 2.7 added by Stats. 2019, Ch. 840, Sec. 4. ) ## 1569.284. The acceptance or storage of a resident’s firearm by a licensee at a facility in accordance with this article, or the retention and storage of a licensee’s firearm, shall not constitute a loan, sale, receipt, or transfer of a firearm within the meaning of Sections 26500, 27545, or subdivision (a) of Section 31615 of the Penal Code. (Added by Stats. 2019, Ch. 840, Sec. 4. (SB 172) Effective January 1, 2020.)
1569.3.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 1. General Provisions [1569 - 1569.5] ( Article 1 added by Stats. 1985, Ch. 1127, Sec. 3. )
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A qualifying facility’s license is automatically transferred to licensure as a residential care facility for the elderly for the remaining license term.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 1. General Provisions [1569 - 1569.5] ( Article 1 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.3. The license of any facility licensed as a residential facility for the elderly under the California Community Care Facilities Act provided for in Chapter 3 (commencing with Section 1500) on January 1, 1986, shall automatically be transferred for the unexpired term of the license to licensure as a residential care facility for the elderly under this chapter. (Amended by Stats. 2005, Ch. 423, Sec. 3. Effective January 1, 2006.)
1569.30.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. )
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The department must adopt, amend, or repeal reasonable rules, regulations, and standards for this chapter, following the Government Code procedures and staying consistent with state law.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.30. (a) The department shall adopt, amend, or repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, reasonable rules, regulations, and standards as may be necessary or proper to carry out the purposes and intent of this chapter and to enable the department to exercise the powers and perform the duties conferred upon it by this chapter, not inconsistent with any statute of this state. (b) The regulations governing residential facilities for the elderly under the Community Care Facilities Act (Chapter 3 (commencing with Section 1500)) shall continue to govern residential care facilities for the elderly under this act until amended or repealed. (Amended by Stats. 2004, Ch. 183, Sec. 190. Effective January 1, 2005.)
1569.31.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. )
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The department must write license regulations that set safety, sanitation, care, supervision, and service standards, and it must allow new community programs and flexibility for certain religious facilities.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.31. The regulations for a license shall prescribe standards of safety and sanitation for the physical plant and standards for basic care and supervision, personal care, and services to be provided. The department’s regulations shall allow for the development of new and innovative community programs. In adopting regulations which implement this chapter, the department shall provide flexibility to allow facilities conducted by and exclusively for adherents of a well-recognized church or religious denomination who rely solely on prayer or spiritual means for healing to operate a licensed residential care facility for the elderly. (Added by Stats. 1985, Ch. 1127, Sec. 3.)
1569.311.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. )
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Residential care facilities for the elderly must have at least one carbon monoxide detector that meets the required standards, and the department must consider those detectors during inspections.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.311. Every residential care facility for the elderly shall have one or more carbon monoxide detectors in the facility that meet the standards established in Chapter 8 (commencing with Section 13260) of Part 2 of Division 12. The department shall account for the presence of these detectors during inspections. (Added by Stats. 2014, Ch. 503, Sec. 3. (AB 2386) Effective January 1, 2015.)
1569.312.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. )
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Licensed facilities under this chapter must provide specified basic services to residents.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.312. Every facility required to be licensed under this chapter shall provide at least the following basic services: (a) Care and supervision as defined in Section 1569.2. (b) Assistance with instrumental activities of daily living in the combinations which meet the needs of residents. (c) Helping residents gain access to appropriate supportive services, as defined, in the community. (d) Being aware of the resident’s general whereabouts, although the resident may travel independently in the community. (e) Monitoring the activities of the residents while they are under the supervision of the facility to ensure their general health, safety, and well-being. (f) Encouraging the residents to maintain and develop their maximum functional ability through participation in planned activities. (Amended by Stats. 1986, Ch. 844, Sec. 4.)
1569.313.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. )
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Residential care facilities for the elderly must state their family-visit and communication policy on specified resident forms and promptly post the visiting policy in an accessible place.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.313. Each residential care facility for the elderly shall state, on its client information form or admission agreement, and on its patient’s rights form, the facility’s policy concerning family visits and other communication with resident clients and shall promptly post notice of its visiting policy at a location in the facility that is accessible to residents and families. The facility’s policy concerning family visits and communication shall be designed to encourage regular family involvement with the resident client and shall provide ample opportunities for family participation in activities at the facility. (Added by Stats. 1985, Ch. 954, Sec. 3.)
1569.314.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. )
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A residential care facility for the elderly may not require residents to buy medications, medical supplies, or medical equipment from a particular pharmacy or other source.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.314. A residential care facility for the elderly shall not require residents to purchase medications, or rent or purchase medical supplies or equipment, from any particular pharmacy or other source. This section shall not preclude a residential care facility for the elderly from requiring that residents who need assistance with the purchasing, storing, or taking of medications comply with the facility’s policies and procedures regarding storage of medications and methods of assisting residents with the taking of medications, if the policies and procedures are reasonably necessary and meet the intent of state or federal regulations. (Amended by Stats. 1991, Ch. 888, Sec. 8.)
1569.316.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. )
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The referring agency or facility (or its designee) must give the administrator information about any dangerous propensity history before placement, and confidential client information cannot be released without consent.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.316. (a) The referring agency or facility, or its designee, shall provide to the administrator all information in its possession concerning any history of dangerous propensity of the client prior to the placement in the residential care facility for the elderly. However, no confidential client information shall be released pursuant to this section without the consent of the client or his or her authorized representative. (b) In determining a person’s compatibility, the licensee shall consider criteria that includes, but is not limited to, both of the following: (1) The extent to which the person’s personal and health care needs can be adequately met in the residential care facility for the elderly. (2) The existence of a past history of violence or mental illness that would create a risk for the person or other residents of that facility. (Added by Stats. 1996, Ch. 434, Sec. 2. Effective January 1, 1997.)
1569.317.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. )
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Residential care facilities for the elderly must have and follow an absentee notification plan for missing residents.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.317. Every residential care facility for the elderly, as defined in Section 1569.2, shall, for the purpose of addressing issues that arise when a resident is missing from the facility, develop and comply with an absentee notification plan as part of the written record of the care the resident will receive in the facility, as described in Section 1569.80. The plan shall include and be limited to the following: a requirement that an administrator of the facility, or his or her designee, inform the resident’s authorized representative when that resident is missing from the facility and the circumstances in which an administrator of the facility, or his or her designee, shall notify local law enforcement when a resident is missing from the facility. (Added by Stats. 2013, Ch. 674, Sec. 3. (AB 620) Effective January 1, 2014.)
1569.318.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. )
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Residential care facilities for the elderly must follow the Lesbian, Gay, Bisexual, and Transgender Long-Term Care Facility Residents’ Bill of Rights.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.318. Every residential care facility for the elderly shall abide by the provisions of the Lesbian, Gay, Bisexual, and Transgender Long-Term Care Facility Residents’ Bill of Rights (Chapter 2.45 (commencing with Section 1439.50)). (Added by Stats. 2017, Ch. 483, Sec. 4. (SB 219) Effective January 1, 2018.)
1569.319.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. )
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If a licensed facility has internet service, the licensee must provide at least one resident-use internet access device with videoconferencing capability and must let residents use it with privacy and shared access during reasonable hours.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.319. (a) A licensee of a facility that has internet service shall provide at least one internet access device, such as a computer, smart phone, tablet, or other device, that can support real-time interactive applications, is equipped with videoconferencing technology, including microphone and camera functions, and is dedicated for resident use. (b) A licensee shall ensure the following requirements are met in providing any internet access device for resident use: (1) The device shall be available in a manner that allows a resident to access it for discussion of personal or confidential information with a reasonable level of personal privacy. (2) The device shall be made available to residents in a manner that permits shared access among all residents in the facility during reasonable hours. (Added by Stats. 2021, Ch. 469, Sec. 3. (AB 665) Effective January 1, 2022.)
1569.32.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. )
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Department officers, employees, or agents may enter and inspect places providing personal care, supervision, and services if they show proper identification.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.32. Any duly authorized officer, employee, or agent of the department may, upon presentation of proper identification, enter and inspect any place providing personal care, supervision, and services at any time, with or without advance notice, to secure compliance with, or to prevent a violation of, this chapter. (Added by Stats. 1985, Ch. 1127, Sec. 3.)
1569.33.
## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. )
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Residential care facilities for the elderly are subject to unannounced inspections by the department, and facilities must post a complaint/emergency reporting poster.

## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.33. (a) Every licensed residential care facility for the elderly shall be subject to unannounced inspections by the department. The department shall inspect these facilities as often as necessary to ensure the quality of care provided. (b) The department shall conduct an annual unannounced inspection of a facility under any of the following circumstances: (1) When a license is on probation. (2) When the terms of agreement in a facility compliance plan require an annual inspection. (3) When an accusation against a licensee is pending. (4) When a facility requires an annual inspection as a condition of receiving federal financial participation. (5) In order to verify that a person who has been ordered out of the facility for the elderly by the department is no longer at the facility. (c) On and after January 1, 2017, and until January 1, 2018, the following shall apply: (1) The department shall conduct annual unannounced inspections of no less than 30 percent of residential care facilities for the elderly not subject to an inspection under subdivision (b). (2) These unannounced inspections shall be conducted based on a random sampling methodology developed by the department. (3) The department shall inspect a residential care facility for the elderly at least once every three years. (d) On and after January 1, 2018, and until January 1, 2019, the following shall apply: (1) The department shall conduct annual unannounced inspections of no less than 20 percent of residential care facilities for the elderly not subject to an evaluation under subdivision (b). (2) These unannounced inspections shall be conducted based on a random sampling methodology developed by the department. (3) The department shall inspect a residential care facility for the elderly at least once every two years. (e) On and after January 1, 2019, the department shall conduct annual unannounced inspections of all residential care facilities for the elderly. (f) (1) The department shall notify the residential care facility for the elderly in writing of all deficiencies in its compliance with the provisions of this chapter and the rules and regulations adopted pursuant to this chapter. (2) Unless otherwise specified in the plan of correction, the residential care facility for the elderly shall remedy the deficiencies within 10 days of the notification. (g) (1) Reports on the results of each inspection, evaluation, or consultation shall be kept on file in the department, and all inspection reports, consultation reports, lists of deficiencies, and plans of correction shall be open to public inspection. (2) (A) The department shall post on its Internet Web site information on how to obtain an inspection report. (B) It is the intent of the Legislature that the department shall make inspection reports available on its Internet Web site by January 1, 2020. (h) As a part of the department’s evaluation process, the department shall review the plan of operation, training logs, and marketing materials of any residential care facility for the elderly that advertises or promotes special care, special programming, or a special environment for persons with dementia to monitor compliance with Sections 1569.626 and 1569.627. (i) (1) The department shall design, or cause to be designed, a poster that contains information on the appropriate reporting agency in case of a complaint or emergency. (2) Each residential care facility for the elderly shall post this poster in the main entryway of its facility. (j) This section shall become operative on January 1, 2017. (Repealed (in Sec. 6) and added by Stats. 2015, Ch. 20, Sec. 7. (SB 79) Effective June 24, 2015. Section operative January 1, 2017, by its own provisions.)

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