Cal. Code Regs. Tit. 22, § 81068.5 - Eviction Procedures

(a) The licensee shall be permitted to evict a client with 30 days' written notice for any of the following reasons:

(1) Nonpayment of the rate for basic services within ten days of the due date.

(2) Failure of the client to comply with state or local law after receiving written notice of the alleged violation.

(3) Failure of the client to comply with the general facility policies that are documented in the facility agreement, and are for the purpose of making it possible for clients to live together.

(4) Failure of the client to participate in the services and activities specified in the treatment/rehabilitation plan to the extent of his/her ability.

(5) Inability to meet the client's needs.

(A) A Needs and Services Plan modification must have been performed, as specified in Section 81068.3, which determined that the client's needs cannot be met by the facility and the client has been given an opportunity to relocate as specified in Section 81068.3(f)(3).

(6) The client refuses to comply with his/her Restricted Health Condition Care Plan, if any, as specified in Section 81092.2.

(7) The program or facility type has changed and the client is no longer compatible with the population to be served.

(8) Change of use of the facility.

(9) Failure of the client to comply with the provisions of the Admission Agreement.

(b) The licensee shall be permitted to evict a client with three days' prior written notice provided that both of the following requirements have been met:

(1) The licensee has received prior written and/or documented telephone approval for the notice of eviction from the licensing agency.

(A) The licensing agency shall approve or deny the request within two working days of receipt.

(B) Failure of the Department to reply to the request for approval within two working days shall be considered approval.

(2) There is a finding of good cause. Good cause exists if the client engages in behavior that threatens the mental and/or physical health or safety of himself/herself or others in the facility.

(c) The licensee shall set forth in the notice the reasons for the eviction, with specific facts including the date, place, witnesses, and circumstances.

(d) When serving the client with either a 30-day or a 3-day notification of eviction, the licensee shall, on the same day, overnight mail, fax, or send through electronic transmission an exact copy of the notice to the client's mental health professional, if any, the client's authorized representative, if any, and the client's responsible person if any.

(1) An electronic copy of the notice sent through electronic transmission must contain the licensee's signature.

(e) The licensee shall mail, fax, or send through electronic transmission to the Department a copy of the 30-day or 3-day written notice of eviction in accordance with Section 81068.5(a) above within five days of giving the notice to the client.

(f) Upon request of a client or his/her authorized representative or responsible person, the Department will investigate the reasons for the eviction pursuant to the provisions of Section 1538 of the Health and Safety Code.

(g) Nothing in this section is intended to preclude the licensee or client from invoking other remedies when eviction is not appropriate.

Notes

Cal. Code Regs. Tit. 22, § 81068.5

1. New section filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 12).
2. Editorial correction of printing error in subsections (a)(5) and (c) (Register 91, No. 32).
3. Repealer filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-2-97 or emergency language will be repealed by operation of law on the following day.
4. Repealer refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-29-97 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance must be transmitted to OAL by 1-27-98 or emergency language will be repealed by operation of law on the following day.
6. Repealer refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
8. Repealer refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-21-98 or emergency language will be repealed by operation of law on the following day.
9. Reinstatement of section as it existed prior to 1-31-97 emergency action by operation of Government Code section 11346.1(g) (Register 98, No. 36).
10. Change without regulatory amending section and NOTE filed 1-5-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 2).
11. Amendment of subsections (b) and (b)(1), new subsection (b)(2), amendment of subsection (d), new subsection (d)(1) and amendment of subsection (e) filed 9-7-2017; operative 9-7-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 36).

Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and Institutions Code; and Sections 1501, 1502(a)(7), 1531 and 1770 et seq., Health and Safety Code.

1. New section filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 12).
2. Editorial correction of printing error in subsections (a)(5) and (c) (Register 91, No. 32).
3. Repealer filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-2-97 or emergency language will be repealed by operation of law on the following day.
4. Repealer refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-29-97 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance must be transmitted to OAL by 1-27-98 or emergency language will be repealed by operation of law on the following day.
6. Repealer refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
8. Repealer refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-21-98 or emergency language will be repealed by operation of law on the following day.
9. Reinstatement of section as it existed prior to 1-31-97 emergency action by operation of Government Code section 11346.1(g)(Register 98, No. 36).
10. Change without regulatory amending section and Note filed 1-5-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 2).
11. Amendment of subsections (b) and (b)(1), new subsection (b)(2), amendment of subsection (d), new subsection (d)(1) and amendment of subsection (e) filed 9-7-2017; operative 9/7/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 36).