Section 1536.1 Of Article 3. Regulations From California Health And Safety Code >> Division 2. >> Chapter 3. >> Article 3.
1536.1
. (a) "Placement agency" means a county probation department,
county welfare department, county social service department, county
mental health department, county public guardian, general acute care
hospital discharge planner or coordinator, conservator pursuant to
Part 3 (commencing with Section 1800) of Division 4 of the Probate
Code, conservator pursuant to Chapter 3 (commencing with Section
5350) of Part 1 of Division 5 of the Welfare and Institutions Code,
and regional center for persons with developmental disabilities, that
is engaged in finding homes or other places for placement of persons
of any age for temporary or permanent care.
(b) A placement agency shall place individuals only in licensed
community care facilities, facilities that are exempt from licensing
under Section 1505 or if the facility satisfies subdivision (c) of
Section 362 of the Welfare and Institutions Code, or with a foster
family agency.
(c) 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 licensing under Section
1505 or unless the facility satisfies subdivision (c) of Section 362
of the Welfare and Institutions Code. Violation of this subdivision
is a misdemeanor.
(d) Any employee of a placement agency who knows, or reasonably
suspects, that a facility that is not exempt from licensing 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.
(e) The department shall investigate any report filed under
subdivision (d). If the department has probable cause to believe that
the facility that 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.
(f) A placement agency shall notify the appropriate licensing
agency of known or suspected incidents that would jeopardize the
health or safety of residents in a community care facility.
Reportable incidents include, but are not limited to, all of the
following:
(1) Incidents of physical or sexual abuse.
(2) A violation of personal rights.
(3) A situation in which a facility is unclean, unsafe,
unsanitary, or in poor condition.
(4) A situation in which a facility has insufficient personnel or
incompetent personnel on duty.
(5) A situation in which residents experience mental or verbal
abuse.
(6) A situation in which residents are inadequately supervised.
(7) Incidents of abuse, neglect, or exploitation of a nonminor
dependent, as defined in subdivision (v) of Section 11400 of the
Welfare and Institutions Code, by a licensed caregiver while the
nonminor is in a foster care placement.