Section 1569.152 Of Article 2. Licensing From California Health And Safety Code >> Division 2. >> Chapter 3.2. >> Article 2.
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.