Section 1569.47 Of Article 4. Offenses From California Health And Safety Code >> Division 2. >> Chapter 3.2. >> Article 4.
1569.47
. (a) "Placement agency" means any county welfare
department, county social service department, county mental health
department, county public guardian, general acute care hospital
discharge planner or coordinator, state-funded program or private
agency providing placement or referral services, 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 which is engaged in finding homes or other places for
the placement of elderly persons for temporary or permanent care.
(b) A placement agency shall not place individuals in licensed
residential care facilities for the elderly when the individual,
because of his or her health condition, cannot be cared for within
the limits of the license or requires inpatient care in a health
facility. Violation of this subdivision is a misdemeanor.
(c) A placement agency or employee of a placement agency shall not
place, refer, or recommend placement of a person in a facility
providing care and supervision, or protective supervision, unless the
facility is licensed as a residential care facility for the elderly
or is exempt from licensing under Section 1569.145. Violation of this
subdivision is a misdemeanor.
(d) Any employee of a placement agency who knows, or reasonably
suspects, that a facility which 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 which 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 any known or suspected incidents which would jeopardize the
health or safety of residents in a residential care facility for the
elderly. Reportable incidents include, but are not limited to, all
of the following:
(1) Incidents of physical abuse.
(2) Any violation of personal rights.
(3) Any situation in which a facility is unclean, unsafe,
unsanitary, or in poor condition.
(4) Any situation in which a facility has insufficient personnel
or incompetent personnel on duty.
(5) Any situation in which residents experience mental or verbal
abuse.