Terms Used In California Codes > Health and Safety Code > Division 2 > Chapter 3.2 - Residential Care Facilities for the Elderly

• Accredited agency: means an agency that has been accredited by an accrediting entity, in accordance with the standards in Subpart F (commencing with Section 96. See California Family Code 8900.5
• Adjustment factor: means the job order contractor's competitively bid adjustment to the community college district's prices as published in the unit price catalog. See California Public Contract Code 20665.21
• Adoption service: means any of the following services:

  California Family Code 8900.5

• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Ammunition: means one or more loaded cartridges consisting of a primed case, propellant, and with one or more projectiles. See California Health and Safety Code 1569.281
• Appraisal: A determination of property value.
• Arrest: Taking physical custody of a person by lawful authority.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Beneficial ownership interest: means an ownership interest through the possession of stock, equity in capital, or any interest in the profits of the applicant or licensee, or through the possession of such an interest in other entities that directly or indirectly hold an interest in the applicant or licensee. See California Health and Safety Code 1569.2
• Best value: means a procurement process whereby the selected bidder may be selected on the basis of objective criteria for evaluating the qualifications of bidders with the resulting selection representing the best combination of price and qualifications. See California Public Contract Code 20663.1
• Best value contractor: means a properly licensed person, firm, or corporation that submits a bid for and is awarded a best value contract. See California Public Contract Code 20663.1
• Best value score: means the resulting score when the community college district divides the bidder's price by the bidder's qualification score. See California Public Contract Code 20663.1
• Care and supervision: means the facility assumes responsibility for, or provides or promises to provide in the future, ongoing assistance with activities of daily living without which the resident's physical health, mental health, safety, or welfare would be endangered. See California Health and Safety Code 1569.2
• Central authority: means the entity designated under paragraph (1) of Article 6 of the convention by a convention country. See California Family Code 8900.5
• Chain: means a group of two or more licensees that are controlled, as defined in this section, by the same persons or entities. See California Health and Safety Code 1569.2
• Community college district: means the Los Angeles Community College District. See California Public Contract Code 20663.1
• Community college district: means any community college district. See California Public Contract Code 20665.21
• Control: means the ability to direct the operation or management of the applicant or licensee and includes the ability to exercise control through intermediary or subsidiary entities. See California Health and Safety Code 1569.2
• Convention: means the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, May 29, 1993. See California Family Code 8900.5
• Convention adoption: means the adoption of a child resident in a convention country by a United States citizen, or an adoption of a child resident in the United States by an individual or individuals residing in a convention country, if, in connection with the adoption, the child has moved or will move between the United States and the convention country. See California Family Code 8900.5
• Convention country: means a country that is party to the convention and with which the convention is in force for the United States. See California Family Code 8900.5
• County: includes city and county. See California Water Code 14
• County: includes city and county. See California Health and Safety Code 14
• County: includes "city and county. See California Corporations Code 14
• County: includes city and county. See California Family Code 67
• Deadly weapon: means any of the following:

  California Health and Safety Code 1569.281

• Demonstrated management competency: means the experience, competency, capability, and capacity of the proposed management staffing to complete projects of similar size, scope, or complexity. See California Public Contract Code 20663.1
• Department: means the State Department of Social Services. See California Health and Safety Code 1569.2
• department: means the State Department of Health Care Services and "director" means the Director of Health Care Services. See California Health and Safety Code 11752
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Director: means "State Director of Health Services. See California Health and Safety Code 21
• Director: means the Director of Social Services. See California Health and Safety Code 1569.2
• Docket: A log containing brief entries of court proceedings.
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Executor: A male person named in a will to carry out the decedent
• Exempted provider: means a social work professional or organization that performs a home study on any prospective adoptive parent, or a child background study, or both, in the United States in connection with a convention adoption, and who is not currently providing and has not previously provided any other adoption service in the case. See California Family Code 8900.5
• Facility: means a residential care facility for the elderly licensed by the State Department of Social Services, Community Care Licensing Division. See California Health and Safety Code 1569.281
• facility: means any premises, place, or building that provides residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services. See California Health and Safety Code 11834.02
• Financial condition: means the financial resources needed to perform the contract. See California Public Contract Code 20663.1
• Firearm: means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion, including the frame or receiver of the device. See California Health and Safety Code 1569.281
• Fiscal officer: means , for a municipal library, the chief fiscal officer of the municipality. See California Education Code 18015
• Foundation program: means those elements of library service which are basic to its function as a provider of information, education, and cultural enrichment to all segments of the community, including, but not limited to, collection development and maintenance, lending services, information services, facility maintenance, and administration. See California Education Code 18015
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• governing board of the community college district: means the governing board of the Los Angeles Community College District. See California Public Contract Code 20663.1
• Grantor: The person who establishes a trust and places property into it.
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• Indefinite quantity: means one or more of the construction tasks listed in the unit price catalog. See California Public Contract Code 20665.21
• Instrumental activities of daily living: means any of the following: housework, meals, laundry, taking of medication, money management, appropriate transportation, correspondence, telephoning, and related tasks. See California Health and Safety Code 1569.2
• Job order: means a firm, fixed priced, lump-sum order issued by the school district to a job order contractor for a definite project scope of work as compiled from the unit price catalog to be performed pursuant to a job order contract. See California Public Contract Code 20665.21
• Job order contract: means a contract, awarded to a most qualified bidder as described in paragraph (1) of subdivision (b) of Section 20665. See California Public Contract Code 20665.21
• Job order contract technical specifications: means a book, published by the community college district, detailing the technical specifications with regard to quality of materials and workmanship to be used by the job order contractor in accomplishing the tasks listed in the unit price catalog. See California Public Contract Code 20665.21
• Job order contractor: means a licensed, bonded, and general liability insured contractor awarded a job order contract. See California Public Contract Code 20665.21
• Labor compliance: means the ability to comply with, and past conformance with, contract and statutory requirements for the payment of wages and qualifications of the workforce. See California Public Contract Code 20663.1
• Legal service: means any service, other than those defined in this section as an adoption service, that relates to the provision of legal advice and information or to the drafting of legal instruments. See California Family Code 8900.5
• License: means a basic permit to operate a residential care facility for the elderly. See California Health and Safety Code 1569.2
• local agency: means any city, county, district, agency, or other political subdivision of the state for the local performance of governmental or proprietary functions within limited boundaries. See California Water Code 10701
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Offer to perform work: means the job order contractor's proposal for a specific job order. See California Public Contract Code 20665.21
• order: include a decree, as appropriate under the circumstances. See California Family Code 100
• Parent organization: means an organization in control of another organization either directly or through one or more intermediaries. See California Health and Safety Code 1569.2
• Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Water Code 19
• Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
• Person: includes a corporation as well as a natural person. See California Corporations Code 18
• Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Family Code 105
• Personal activities of daily living: means any of the following: dressing, feeding, toileting, bathing, grooming, and mobility and associated tasks. See California Health and Safety Code 1569.2
• Personal care: means assistance with personal activities of daily living, to help provide for and maintain physical and psychosocial comfort. See California Health and Safety Code 1569.2
• Petitioner: includes plaintiff, where appropriate. See California Family Code 126
• Plans and specifications: means the unit price catalog and the job order contract technical specifications. See California Public Contract Code 20919.21
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Primary provider: means the accredited agency that is identified pursuant to Section 96. See California Family Code 8900.5
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Proceeding: includes an action. See California Family Code 110
• Project: means the specific requirements and work to be accomplished by the job order contractor in connection with an individual job order. See California Public Contract Code 20665.21
• Project: means the specific requirements and work to be accomplished by the job order contractor in connection with an individual job order. See California Public Contract Code 20919.21
• Project labor agreement: means an agreement that meets the requirements of Section 2500. See California Public Contract Code 20665.21
• Project labor agreement: means an agreement that meets the requirements of Section 2500. See California Public Contract Code 20919.21
• Project scope of work: means the document and related drawings, specifications, and writings referenced therein which together set forth the specific requirements and work to be accomplished by the job order contractor in connection with an individual job order. See California Public Contract Code 20665.21
• Property: includes real and personal property and any interest therein. See California Family Code 113
• Proposal: means the job order contractor prepared document quoting those construction tasks listed in the unit price catalog that the job order contractor requires to complete the project scope of work, together with the appropriate quantities of each task. See California Public Contract Code 20665.21
• Proposal: means the job order contractor prepared document quoting those construction tasks listed in the unit price catalog that the job order contractor requires to complete the project scope of work, together with the appropriate quantities of each task. See California Public Contract Code 20919.21
• Protective supervision: means observing and assisting confused residents, including persons with dementia, to safeguard them against injury. See California Health and Safety Code 1569.2
• Public domestic authority: means an authority operated by a state, local, or tribal government. See California Family Code 8900.5
• Public entity: means any city, charter city, city and county, county, district, public corporation, or political subdivision of the state. See California Public Contract Code 20671
• Public leaseback: means any lease by a public entity, as lessee, of buildings, structures, or other facilities which are permanently attached to land, where the lease is between the public entity and a public leaseback corporation, as lessor, and the lease is executed before the buildings, structures, or facilities have been built. See California Public Contract Code 20671
• Public leaseback corporation: means any corporation or nonprofit corporation organized or controlled by a public entity which constructs or arranges for the construction of buildings, structures, or other facilities which are permanently attached to land for public leaseback. See California Public Contract Code 20671
• Public library: means a library, or two or more libraries, operated as a single entity by one or more public jurisdictions and which serve the general public without distinction. See California Education Code 18015
• public project: means :

  California Public Contract Code 20161

• Qualifications: means financial condition, relevant experience, demonstrated management competency, labor compliance, the safety record of the bidder, and, to the extent relevant, the preceding qualifications as they pertain to all subcontractors proposed to be used by the bidder for designated portions of the work. See California Public Contract Code 20663.1
• Relevant experience: means the experience, competency, capability, and capacity to complete projects of similar size, scope, or complexity. See California Public Contract Code 20663.1
• Residential care facility for the elderly: means a housing arrangement chosen voluntarily by persons 60 years of age or over, or their authorized representative, where varying levels and intensities of care and supervision, protective supervision, or personal care are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility. See California Health and Safety Code 1569.2
• Safety record: shall be deemed "acceptable" if a contractor's experience modification rate for the most recent three-year period is an average of 1. See California Public Contract Code 20663.1
• School district: means any school district. See California Public Contract Code 20919.21
• Secretary: means the United States Secretary of State, and includes any official of the United States Department of State exercising the authority of the Secretary of State under the convention, the IAA, or any regulations implementing the IAA, pursuant to a delegation of authority. See California Family Code 8900.5
• Service of process: The service of writs or summonses to the appropriate party.
• Signature: includes mark when the signer cannot write, such signer's name being written near the mark by a witness who writes his own name near the signer's name. See California Corporations Code 17
• Spouse: includes "registered domestic partner" as required by §. See California Health and Safety Code 12.2
• Spouse: includes "registered domestic partner" as required by Section 297. See California Family Code 143
• State: means the State of California, unless applied to the different parts of the United States. See California Water Code 18
• State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
• State: means the State of California, unless applied to the different parts of the United States. See California Education Code 77
• State: means a state of the United States, the District of Columbia, or a commonwealth, territory, or insular possession subject to the jurisdiction of the United States. See California Family Code 145
• Subcontractor: means any person, firm, or corporation, other than the employees of the job order contractor, who is bonded and general liability insured and who contracts to furnish labor, or labor and materials, at the worksite or in connection with a job order, whether directly or indirectly on behalf of the job order contractor. See California Public Contract Code 20665.21
• Subcontractor: means any person, firm, or corporation, other than the employees of the job order contractor, who is bonded and general liability insured and who contracts to furnish labor, or labor and materials, at the worksite or in connection with a job order, whether directly or indirectly on behalf of the job order contractor. See California Public Contract Code 20919.21
• Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Water Code 10
• Subpoena duces tecum: A command to a witness to produce documents.
• subscription: includes mark when the signer or subscriber can not write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name. See California Health and Safety Code 18
• Summons: Another word for subpoena used by the criminal justice system.
• Sundowning: means a condition in which persons with cognitive impairment experience recurring confusion, disorientation, and increasing levels of agitation that coincide with the onset of late afternoon and early evening. See California Health and Safety Code 1569.2
• Supervised provider: means any agency, person, or other nongovernmental entity that is providing any adoption service in a convention adoption under the supervision and responsibility of an accredited agency that is acting as the primary provider in the case. See California Family Code 8900.5
• Support: refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. See California Family Code 150
• Supportive services: means resources available to the resident in the community that help to maintain their functional ability and meet their needs as identified in the individual resident assessment. See California Health and Safety Code 1569.2
• Unit price catalog: means a book containing specific construction tasks and the unit prices to install or demolish that construction. See California Public Contract Code 20665.21
• United States: means the United States of America, and in relation to any particular matter includes the officers, agents, employees, agencies, or instrumentalities authorized to act in relation thereto. See California Water Code 20
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Verdict: The decision of a petit jury or a judge.