LIC 9060: Resident Theft and Loss Record

The facility. HSC § 1569.153 says "A theft and loss program shall be implemented by the residential care facilities for the elderly" ^[3]. Title 22 § 87218(a): "The licensee shall ensure an adequate theft and loss program as specified in Health and Safety Code Section 1569.153" ^[4].

The top of the form asks for the facility name, the facility number and the "person responsible for this record" ^[1]. The form has no signature line ^[1]. The statute does not say who writes the entries ^[3].

Who is exempt. HSC § 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]. CDSS's list says "when applicable" and does not define the words ^[6].

The record: 72 hours. HSC § 1569.153(c) asks for "Documentation of lost and stolen resident property with a value of twenty-five dollars ($25) or more within 72 hours of the discovery of the loss or theft" ^[3]. The statute says "72 hours" and does not say business hours ^[3].

The report to law enforcement: 36 hours. Section 1569.153(i) asks for "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 does not say what the 36 hours count from ^[3]. The form's header says law enforcement "must be notified within 36 hours when the current value of the stolen property is $100.00 or more" and leaves out the "reason to believe" words ^[1].

Review. Section 1569.153(g) asks for "Documentation, at least semiannually, of the facility's efforts to control theft and loss, including the review of theft and loss documentation and investigative procedures and results of the investigation by the administrator and, when feasible, the resident council" ^[3]. The form has no place for this review ^[1].

CDSS lists "Resident Theft and Loss Record (LIC 9060), when applicable" under "Residents Records." CDSS says these records "must be kept in the facility complete and current, and readily available for review" ^[6]. That list is dated 4/05.

Who can ask to see it. HSC § 1569.153(c): "upon request, the documented theft and loss record for the past 12 months shall be made available to the State Department of Social Services, law enforcement agencies and to the office of the State Long-Term Care Ombudsman in response to a specific complaint" ^[3]. The form's note is shorter: "THIS RECORD MUST BE MADE AVAILABLE TO LICENSING AGENCY, LAW ENFORCEMENT AND THE LONG-TERM CARE OMBUDSMAN" ^[1]. Section 1569.153(i), on the reports to law enforcement: "Copies of those reports for the preceding 12 months shall be made available to the State Department of Social Services and law enforcement agencies" ^[3].

How long to keep it. Neither the form nor § 1569.153 gives a retention period ^[1][3]. The statute's 12 months is how far back the record must be available on request ^[3]. Section 87506(e) sets a minimum of three years after service ends for resident records, and § 87506 does not name this record ^[7]. We can't say whether that period applies to it.

• What the statute lists. Section 1569.153(c) says the documentation "shall include, but not be limited to": a description of the article, its estimated value, the date and time the theft or loss was discovered, "If determinable, the date and time the loss or theft occurred," and the action taken ^[3].
• What the form asks for. Seven items: the resident's name, a description of the article, the original purchase price, the estimated current value, the estimated time and date discovered, whether the article was lost, stolen or missing, and the action taken. Item 7 gives examples: "notifying the Police or responsible relatives of the resident" and the follow-up "to recover the item and/or prevent future loss" ^[1].
• What the form leaves out. It has no field for when the loss or theft occurred, only for when it was discovered, so the statute's "If determinable" item has no line ^[1][3]. It also has no separate field for the report to law enforcement ^[1].
• What the form adds. The original purchase price is on the form. The statute does not list it ^[1][3].
• The rest of the program. Section 1569.153 also lists, among other things, a posted theft policy, employee orientation within 90 days, a written property inventory from admission, a method of marking property, a secured area for resident property, and notice of the policies to residents on admission ^[3]. The form covers only the documentation in (c) ^[1].

• Reimbursement. HSC § 1569.152(a) says a facility "which fails to make reasonable efforts to safeguard resident property shall reimburse a resident for or replace stolen or lost resident property at its then current value" ^[5]. Title 22 § 87218(a)(2) puts the same duty on the licensee, "at its current value" ^[4].
• Civil penalty. 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].
• Deficiency. The same subsection adds that CDSS "shall issue a deficiency in the event that the manner in which the policies have been implemented is inadequate or the individual facility situation warrants additional theft and loss protections" ^[5].
• Presumption. Section 1569.152(a) also says a facility "shall be presumed to have made reasonable efforts to safeguard resident property if the facility has shown clear and convincing evidence of its efforts to meet each of the requirements specified in Section 1569.153," and calls that presumption rebuttable ^[5].
• Limit. Section 1569.152(c): CDSS "shall not determine that a facility's program is inadequate based solely on the occasional occurrence of theft or loss" ^[5].