Section 1503.5 Of Article 1. General Provisions From California Health And Safety Code >> Division 2. >> Chapter 3. >> Article 1.
1503.5
. (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.
(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 paragraph (9) of subdivision (a)
of Section 1502 or subdivision (b) of Section 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.