California Health and Safety Code

§ 1538

HSC § 1538 Effective Jul 16, 2021Div. 2 · Ch. 3 · Art. 3

Statute text

(a)Any person may request an inspection of any community care facility, or certified family home or resource family of a foster family agency, in accordance with this chapter by transmitting to the state department notice of an alleged violation of applicable requirements prescribed by statutes or regulations of this state, including, but not limited to, a denial of access of any person authorized to enter the facility pursuant to Section 9701 of the Welfare and Institutions Code. A complaint may be made either orally or in writing.

(b)The substance of the complaint shall be provided to the licensee, or certified family home or resource family and foster family agency, no earlier than at the time of the inspection. Unless the complainant specifically requests otherwise, neither the substance of the complaint provided to the licensee, or certified family home or resource family and foster family agency, nor any copy of the complaint or any record published, released, or otherwise made available to the licensee, or certified family home or resource family and foster family agency, shall disclose the name of any person mentioned in the complaint except the name of any duly authorized officer, employee, or agent of the state department conducting the investigation or inspection pursuant to this chapter.

(c)(1) Upon receipt of a complaint, other than a complaint alleging denial of a statutory right of access to a community care facility, or certified family home or resource family of a foster family agency, the state department shall make a preliminary review and, unless the state department determines that the complaint is willfully intended to harass a licensee, certified family home, or resource family, or is without any reasonable basis, it shall make an onsite inspection of the community care facility, certified family home, or resource family home within 10 days after receiving the complaint, except where a visit would adversely affect the licensing investigation or the investigation of other agencies. In either event, the complainant shall be promptly informed of the state department’s proposed course of action.

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Legislative history

Amended by Stats. 2021, Ch. 76, Sec. 8. (AB 136) Effective July 16, 2021.