California Health and Safety Code 1536.1 – (a) “Placement agency” means a county probation department, …
(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 § 362 of the Welfare and Institutions Code, or with a foster family agency.
Terms Used In California Health and Safety Code 1536.1
- Community care facility: means any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult daycare, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes the following:
California Health and Safety Code 1502
- County: includes city and county. See California Health and Safety Code 14
- department: means State Department of Health Services. See California Health and Safety Code 20
- Dependent: A person dependent for support upon another.
- Foster family agency: means any public agency or private organization, organized and operated on a nonprofit basis, engaged in any of the following:
California Health and Safety Code 1502
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- license: means a basic permit to operate a community care facility. See California Health and Safety Code 1503
- Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probate: Proving a will
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(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 § 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 § 11400 of the Welfare and Institutions Code, by a licensed caregiver while the nonminor is in a foster care placement.
(Amended by Stats. 2011, Ch. 459, Sec. 3. (AB 212) Effective October 4, 2011.)