California Health and Safety Code 1503.5 – (a) A facility shall be deemed to be an “unlicensed community …
(a) A facility shall be deemed to be an “unlicensed community care facility” and “maintained and operated to provide nonmedical care” if it is unlicensed and not exempt from licensure and any one of the following conditions is satisfied:
(1) The facility is providing care or supervision, as defined by this chapter or the rules and regulations adopted pursuant to this chapter.
Terms Used In California Health and Safety Code 1503.5
- Community care facility: means any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult daycare, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes the following:
California Health and Safety Code 1502
- department: means State Department of Health Services. See California Health and Safety Code 20
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Foster family agency: means any public agency or private organization, organized and operated on a nonprofit basis, engaged in any of the following:
California Health and Safety Code 1502
- license: means a basic permit to operate a community care facility. See California Health and Safety Code 1503
- State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
(2) The facility is held out as or represented as providing care or supervision, as defined by this chapter or the rules and regulations adopted pursuant to this chapter.
(3) The facility accepts or retains residents who demonstrate the need for care or supervision, as defined by this chapter or the rules and regulations adopted pursuant to this chapter.
(4) The facility represents itself as a licensed community care facility.
(5) The facility is performing any of the functions of a foster family agency or holding itself out as a foster family agency.
(6) The facility is performing any of the functions of an adoption agency or holding itself out as performing any of the functions of an adoption agency as specified in paragraphs (9) and (10) of subdivision (a) of Section 1502, or any of the functions described in Section 8521, Section 8533, or subdivision (b) of § 8900.5 of the Family Code.
(b) No unlicensed community care facility, as defined in subdivision (a), shall operate in this state.
(c) Upon discovery of an unlicensed community care facility, the department shall refer residents to the appropriate local or state ombudsman, or placement, adult protective services, or child protective services agency if either of the following conditions exist:
(1) There is an immediate threat to the clients’ health and safety.
(2) The facility will not cooperate with the licensing agency to apply for a license, meet licensing standards, and obtain a valid license.
(Amended by Stats. 2023, Ch. 43, Sec. 18. (AB 120) Effective July 10, 2023.)