Article 1 General Provisions
Article 2 Licensing
Article 2.5 Resident’s Bill of Rights
Article 2.7 Firearms, Ammunition, and Deadly Weapons
Article 3 Regulations
Article 4 Offenses
Article 5 Suspension and Revocation
Article 5.5 Employee Actions
Article 6 Other Provisions
Article 6.6 Secured Perimeters
Article 7 Levels of Care
Article 7.5 Resident Participation in Decisionmaking
Article 8 Local Regulation
Article 9 Admission Agreements

Terms Used In California Codes > Health and Safety Code > Division 2 > Chapter 3.2

  • Action: includes a civil action and a criminal action. See California Evidence Code 105
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Allegation: something that someone says happened.
  • 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
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • 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
  • Board: means the State Water Resources Control Board. See California Water Code 13959
  • Board: means the State Water Resources Control Board. See California Water Code 13999.2
  • building: includes onsite and offsite facilities, utilities, and improvements which, as agreed upon by the parties, are appropriate for the proper operation or function of the building to be jointly occupied and used. See California Education Code 17528
  • 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
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • 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
  • Chambers: A judge's office.
  • Committee: means the Safe Drinking Water Finance Committee created by Section 13895. See California Water Code 13895.5
  • Committee: means the Clean Water and Water Conservation Finance Committee created by Section 13960. See California Water Code 13959
  • Committee: means the Clean Water Finance Committee created by Section 13999. See California Water Code 13999.2
  • Conduct: includes all active and passive behavior, both verbal and nonverbal. See California Evidence Code 125
  • Construction: means any one or more of the following: preliminary planning to determine the feasibility of treatment works, engineering, architectural, legal, fiscal, or economic investigations or studies, surveys, designs, plans, working drawings, specifications, procedures, or other necessary actions, erection, building, acquisition, alteration, remodeling, improvement, or extension of treatment works, or the inspection or supervision of any of the foregoing items. See California Water Code 13959
  • Contamination: includes any equivalent effect resulting from the disposal of waste, whether or not waters of the state are affected. See California Water Code 13050
  • 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
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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 Code of Civil Procedure 17
  • County: includes "city and county. See California Public Resources 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

  • Decedent: A deceased person.
  • Declarant: is a person who makes a statement. See California Evidence Code 135
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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
  • Department: means the State Department of Social Services. See California Health and Safety Code 1569.2
  • Department: means the Department of Water Resources. See California Water Code 13999.2
  • 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
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Eligible project: means a project for the construction of treatment works which is all of the following:

    California Water Code 13959

  • Eligible state assisted project: means a project for the construction of treatment works which is all of the following:

    California Water Code 13959

  • 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
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Executor: A male person named in a will to carry out the decedent
  • 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
  • Family support: means an agreement between the parents, or an order or judgment, that combines child support and spousal support without designating the amount to be paid for child support and the amount to be paid for spousal support. See California Family Code 92
  • Federal assistance: means funds available to a municipality either directly or through allocation by the state, from the federal government as grants for construction of treatment works, pursuant to Title II of the Federal Water Pollution Control Act, and acts amendatory thereof or supplementary thereto. See California Water Code 13959
  • Felony: A crime carrying a penalty of more than a year in prison.
  • 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
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: means the California Safe Drinking Water Fund. See California Water Code 13895.5
  • Fund: means the State Clean Water and Water Conservation Fund. See California Water Code 13959
  • Fund: means the 1984 State Clean Water Bond Fund. See California Water Code 13999.2
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Hazardous substance: means either of the following:

    California Water Code 13050

  • hearing: means the hearing at which a question under this code arises, and not some earlier or later hearing. See California Evidence Code 145
  • 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.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • 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
  • Law: includes constitutional, statutory, and decisional law. See California Evidence Code 160
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • license: means a basic permit to operate a narcotic treatment program. See California Health and Safety Code 11839.7
  • License: means a basic permit to operate a residential care facility for the elderly. See California Health and Safety Code 1569.2
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Mining waste: means all solid, semisolid, and liquid waste materials from the extraction, beneficiation, and processing of ores and minerals. See California Water Code 13050
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • 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.
  • Nuisance: means anything which meets all of the following requirements:

    California Water Code 13050

  • obligor: means a person owing a duty of support. See California Family Code 17212
  • order: include a decree, as appropriate under the circumstances. See California Family Code 100
  • Original: means the writing itself or any counterpart intended to have the same effect by a person executing or issuing it. See California Evidence Code 255
  • 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: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Evidence Code 175
  • 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 any city, county, district, the state, and the United States, to the extent authorized by federal law. See California Water Code 13050
  • Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
  • 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
  • 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.
  • Pollution: means an alteration of the quality of the waters of the state by waste to a degree which unreasonably affects either of the following:

    California Water Code 13050

  • 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.
  • 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.
  • Proceeding: includes an action. See California Family Code 110
  • Property: includes both personal and real property. See California Code of Civil Procedure 17
  • Property: includes real and personal property and any interest therein. See California Family Code 113
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • 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 defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public entity: includes a nation, state, county, city and county, city, district, public authority, public agency, or any other political subdivision or public corporation, whether foreign or domestic. See California Evidence Code 200
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • quarter: means July, August, and September. See California Health and Safety Code 11839.7
  • Recycled water: means water which, as a result of treatment of waste, is suitable for a direct beneficial use or a controlled use that would not otherwise occur and is therefor considered a valuable resource. See California Water Code 13050
  • Regional board: means any California regional water quality control board for a region as specified in Section 13200. See California Water Code 13050
  • 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
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • returned: means presented to the appropriate person in person, or postmarked, before the expiration of the specified time period. See California Family Code 359
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Spousal support: means support of the spouse of the obligor. See California Family Code 142
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Family Code 143
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Health and Safety Code 12.2
  • 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
  • State: means the State of California, unless applied to the different parts of the United States. See California Evidence Code 220
  • 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: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Code of Civil Procedure 17
  • State board: means the State Water Resources Control Board. See California Water Code 13050
  • Statement: means (a) oral or written verbal expression or (b) nonverbal conduct of a person intended by him as a substitute for oral or written verbal expression. See California Evidence Code 225
  • 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: A command to a witness to appear and give testimony.
  • 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
  • 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
  • Support order: means a judgment or order of support in favor of an obligee, whether temporary or final, or subject to modification, termination, or remission, regardless of the kind of action or proceeding in which it is entered. See California Family Code 155
  • 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
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • unavailable as a witness: means that the declarant is any of the following:

    California Evidence Code 240

  • 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
  • Verdict: The decision of a petit jury or a judge.
  • Waste: includes sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation, including waste placed within containers of whatever nature prior to, and for purposes of, disposal. See California Water Code 13050
  • Water quality control: means the regulation of any activity or factor which may affect the quality of the waters of the state and includes the prevention and correction of water pollution and nuisance. See California Water Code 13050
  • Water quality control plan: consists of a designation or establishment for the waters within a specified area of all of the following:

    California Water Code 13050

  • Water quality objectives: means the limits or levels of water quality constituents or characteristics which are established for the reasonable protection of beneficial uses of water or the prevention of nuisance within a specific area. See California Water Code 13050
  • Waters of the state: means any surface water or groundwater, including saline waters, within the boundaries of the state. See California Water Code 13050
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writing: means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. See California Evidence Code 250