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LIC 9059: Personal Property Procedures

By Sevana Care · Checked against cdss.ca.gov and Title 22 on

When it is due
The form gives no date or deadline [1].Health and Safety Code § 1569.153 calls for a documented review "at least semiannually" and employee orientation "within 90 days of employment" [3]. CDSS's application instructions list a "Theft & Loss Policy" for RCFE applicants [6].
Who fills it out
The home fills in its own procedures under five policy headings [1].The form's review block has date and reviewer blanks [1]. Its instructions say "Signing and dating this section" shows the "licensee/designated staff person" reviewed and updated the policy [1]. The statute puts the semiannual review with "the administrator and, when feasible, the resident council" [3].
Where it is kept
CDSS's records list, LIC 311F (dated 4/05), names "Personal Property Procedures (LIC 9059)" under "Administrative Records" and says the records "must be kept in the facility complete and current, and readily available for review" [4].The statute calls for "posting" of the policy [3].
How long to keep
We found no retention period for the policy [1][3][8].The form asks each home to state how long its theft and loss records will be kept [1].

LIC 9059 is the California Department of Social Services (CDSS) form "Personal Property Procedures," marked "(RCFE)" on its first page [1][2]. Health and Safety Code § 1569.153 says Residential Care Facilities for the Elderly (RCFEs) shall implement a theft and loss program [3]. Title 22 § 87218(a) says "The licensee shall ensure an adequate theft and loss program as specified in Health and Safety Code Section 1569.153" [8]. The form says it "is designed to provide guidelines to be used by the facility in developing policy and procedures in compliance with this mandate" [1]. CDSS lists it in LIC 311F, its records list for RCFEs [4]. Neither the statute nor § 87218 names a form, and the form does not say whether using it is required [3][8][1].

Who fills it out

The home. The first page has blanks for the facility name and number and for the home's own procedures under five headings [1]:

  • Inventory: procedures at admission, for additions, and at discharge
  • Theft and loss: how the home documents a theft or loss, the methods it uses to evaluate a loss, and the measures it takes to control future loss
  • Identification: how the home marks, labels and engraves residents' property
  • Security: how the home provides locked and secure space
  • Notification: where the policy is posted and noticed, and how copies are given out

A sixth block, "Review and Update," has four rows of two date and reviewer pairs, eight in all [1]. The instructions say "Signing and dating this section" shows that "the licensee/designated staff person acknowledges that he/she has reviewed and updated the Facility Policy and Procedures" [1].

When it is due

The form sets no date. It has no filing deadline and no instruction about when to complete it [1].

At application. CDSS's application instructions (LIC 281, 11/25) list "Theft & Loss Policy" as item B14, marked "RCFE Only." The instructions say it "shall include the provisions for inventory of personal property at the time of admission, modification of the inventory, practices used to safeguard personal property upon the death of the resident, documentation and reporting of loss of personal property, method of marking personal property, and method for providing a secure area for safekeeping of resident personal property" [6]. They do not name LIC 9059 [6].

After licensing. The statute lists these timing points [3]:

  • employee orientation to the policies and procedures "within 90 days of employment" (§ 1569.153(b))
  • a written resident personal property inventory "established upon admission" (d)
  • "Documentation, at least semiannually, of the facility's efforts to control theft and loss," including a review of theft and loss documentation and investigative procedures and results by the administrator and, when feasible, the resident council (g)
  • notification of "all current residents and all new residents, upon admission," of the policies and procedures (l)

The form repeats the review point: "the licensing agency shall require licensees to show evidence that they have, twice a year, reviewed their Theft and Loss Policies and Procedures" [1].

Where it is kept

CDSS's LIC 311F (4/05) lists "Personal Property Procedures (LIC 9059)" under "Administrative Records." Its preamble says the records "must be kept in the facility complete and current, and readily available for review" [4].

Section 1569.153(a) calls for "Establishment and posting of the facility's policy regarding theft and investigative procedures" [3]. The form's "Notification" part asks where the home posts its policy and how it gives out copies [1]. Under (k), a copy of §§ 1569.153, 1569.152 and 1569.154 goes to all residents and their responsible parties, and is available on request to prospective residents and their responsible parties [3].

How long to keep it. We found no retention period for the policy in the form or the statute [1][3]. The form asks the home to state "How long the records will be maintained" for theft and loss records [1]. Section 1569.153(c) says the documented theft and loss record for the past 12 months must be made available on request, in response to a specific complaint, and (i) says copies of law enforcement reports for the preceding 12 months must be made available to CDSS and law enforcement agencies. Both are about records, not the policy [3].

What the record must show

The form's parts and instructions cover these parts of § 1569.153 [1][3]:

  • the inventory: (d), (e) and (f)
  • theft and loss documentation: (c)
  • identification: (h)
  • the secured area: (j)
  • posting and notification: (a), (k) and (l)
  • review: (g)
  • the report to law enforcement: (i)

It has no part on the employee orientation in (b), and it does not repeat the $25 and 72-hour terms of (c) [1][3]. Section 1569.153 says the program "shall include" the items below [3]:

  • Inventory. Written in ink, "witnessed by the facility and the resident or resident's representative, and dated," with a copy to the resident or the person acting for the resident (d) [3]. The form says all resident personal items "must be inventoried unless the resident refuses the inventory and the refusal is documented" [1].
  • Discharge and death. Inventory and surrender of personal effects and valuables "in exchange for a signed receipt" (e), (f) [3].
  • Marking. A method of marking property "to the extent feasible," at admission and as items are added to the inventory, "including engraving of dentures and tagging of other prosthetic devices" (h) [3].
  • A secured area for residents' property, available for safekeeping on the request of the resident or the resident's responsible party, and a lock for the bedside drawer or cabinet "upon request of and at the expense of" the resident, the family or the representative (j) [3].

One sentence differs from the statute. The form's theft paragraph reads: "When a theft exceeds $100 or more, a report shall be filed with a Law Enforcement Agency within 36 hours of the theft" [1]. Section 1569.153(i) reads: "Reports to the local law enforcement agency within 36 hours when the administrator of the facility has reason to believe resident property with a then current value of one hundred dollars ($100) or more has been stolen" [3]. The statute's history line shows it was added in 1988 and shows no amendment; the form is dated 5/99 [3][1].

Questions

Does an RCFE have to use LIC 9059?

No source we opened says using LIC 9059 is required. The statute and Title 22 § 87218 require a theft and loss program and name no form [3][8]. The form says it provides "guidelines" for developing the policy [1]. CDSS's LIC 311F lists the form [4].

Is the $25 theft and loss record on LIC 9059?

Not as a record. LIC 9059 holds the home's procedures for documenting theft and loss [1]. Section 1569.153(c) calls for documentation of lost and stolen resident property worth $25 or more "within 72 hours of the discovery of the loss or theft." The documentation includes at least the article, its estimated value, the date and time of discovery, the date and time of the loss if determinable, and the action taken [3]. CDSS has a separate form for it, LIC 9060, Resident Theft And Loss Record (2/00), which LIC 311F lists "when applicable" [2][4]. The statute names no form [3].

Are any homes exempt?

Section 1569.153(m): "Only those residential units in which there are no unrelated residents and where the unit can be secured by the resident or residents are exempt from the requirements of this section" [3].

What does the law say if a home has no program?

Section 1569.152(b): "A civil penalty shall be levied if the residential care facility for the elderly has no program in place or if the facility has not shown clear and convincing evidence of its efforts to meet all of the requirements set forth in Section 1569.153" [5]. Section 1569.152(a) says a home that "fails to make reasonable efforts to safeguard resident property" shall reimburse or replace stolen or lost property at its then current value [5].

Does Title 22 say anything about resident property?

Section 87218(a): "The licensee shall ensure an adequate theft and loss program as specified in Health and Safety Code Section 1569.153." Under (a)(1), "The initial personal property inventory shall be completed by the licensee and the resident or the resident's representative" [8]. Section 87217(b): "Every facility shall take appropriate measures to safeguard residents' cash resources, personal property and valuables which have been entrusted to the licensee or facility staff. The licensee shall give the residents receipts for all such articles or cash resources" [7]. Section 87217(i) requires a signed receipt when the cash resources, personal property and valuables "which have been entrusted to the licensee" are surrendered on a resident's discharge [7].

How Sevana Care keeps this record

Where's the copy of your theft and loss policy acknowledgment? Each resident's documents have a spot for it, meant for the resident's or representative's copy. It shows Missing until a copy is filed, then On file, and it counts toward the Resident files complete check. The spot holds the acknowledgment. We don't write your policy. Open the sample home, where the screen is read-only.

More in Resident money and belongings

  • LIC 405: The ledger for resident money your home holds

Sources

  1. CDSS, LIC 9059 (5/99), Personal Property Procedures (RCFE) (PDF)
  2. CDSS, Forms and Publications (I-L)
  3. California Health and Safety Code § 1569.153, theft and loss program (Legislative Information)
  4. CDSS, LIC 311F (4/05), Records To Be Maintained At The Facility, Residential Care Facility For The Elderly (PDF)
  5. California Health and Safety Code § 1569.152, reimbursement for stolen or lost property (Legislative Information)
  6. CDSS, LIC 281 (11/25), Application Instructions for a Facility License (PDF)
  7. California Code of Regulations, Title 22, § 87217, Safeguards for Resident Cash, Personal Property, and Valuables (Westlaw)
  8. California Code of Regulations, Title 22, § 87218, Theft and Loss (Westlaw)