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.