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5 lessonsAbout 36 minutesNo CE or licensure credit

Evictions, notices and transfers in an RCFE: the rules and the resident's rights

Five lessons for RCFE leaders and CCA staff on involuntary moves: the lawful reasons to evict, the written notice and what it must say, three-day notices and other urgent moves, relocation planning and a safe move, and the roles of the Long-Term Care Ombudsman, Community Care Licensing and the ALW care coordinator.

Begin the courseSee the sourcesPrint the job aids

Written for

  • Facility leadership
  • CCA professionals
Course version
2026.10.3
Text checked against its sources

Before you begin

What you will be able to do

  • Test a proposed eviction against the five reasons in section 87224 and the admission agreement, and stop one that rests on no listed reason.
  • Check a draft notice to quit for the notice period, the specific facts, the effective date, the resources, the complaint contacts and the exact court statement, and route the copy and the five-day report.
  • Tell when a three-day notice is possible and who must approve it first, and how a hospice move or a Department relocation order differs from an eviction.
  • Build a relocation plan that sets dates within the limits, confirms the new setting can legally meet the resident's needs, and prepares her medications, papers and belongings.
  • Explain to a resident what the Ombudsman, Community Care Licensing and, for an ALW participant, the care coordinator and DHCS each do when a move is proposed.

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In this course

  1. The lawful reasons an RCFE may evictAbout 7 minutes · Not yet
  2. The written notice: how long, and what it must sayAbout 7 minutes · Not yet
  3. Three-day notices and other urgent movesAbout 7 minutes · Not yet
  4. Relocation planning and a safe moveAbout 8 minutes · Not yet
  5. The Ombudsman, licensing and the ALW care coordinatorAbout 7 minutes · Not yet
  6. Course check · 10 questions0 of 5 lessons done

Sources

Sources behind this course

Each lesson lists the sources it uses. Open the original for the exact rule, form or instruction that applies to your work. The source library describes each one in more detail.

California CDSS (regulation text on Cornell LII)

Title 22, section 87101: Definitions

The definitions of transfer trauma, representative and responsible person.

Where to look: Subdivisions (r)(3), (r)(6) and (t)(2).

Open section 87101 on Cornell LII
California CDSS (regulation text on Cornell LII)

California Code of Regulations, title 22, section 87224 (Eviction procedures)

The five reasons a licensee may evict, the thirty-, sixty- and three-day notices, the notice content, the copy to the responsible person, the five-day report and the hospice exception.

Where to look: Subdivisions (a) to (i).

Open section 87224 on Cornell LII
California CDSS (regulation text on Cornell LII)

Title 22, section 87463: Reappraisals

The written reappraisal that notes significant changes in a resident's condition.

Where to look: Subdivisions (a) and (b).

Open section 87463 on Cornell LII
California CDSS (regulation text on Cornell LII)

California Code of Regulations, title 22, section 87468 (Personal rights of residents)

Advising residents of their personal rights at admission and posting the rights and complaint information.

Where to look: Subdivisions (b) and (c).

Open section 87468 on Cornell LII
California CDSS (regulation text on Cornell LII)

Title 22, section 87507: Admission agreements

What the admission agreement says about involuntary transfer and eviction.

Where to look: Subdivision (g)(10).

Open section 87507 on Cornell LII
California CDSS (regulation text on Cornell LII)

California Code of Regulations, title 22, section 87637 (Health condition relocation order)

When the Department orders a relocation, the licensee's written relocation plan and its duty to cooperate.

Where to look: Subdivisions (a) to (c).

Open section 87637 on Cornell LII
California CDSS (regulation text on Cornell LII)

California Code of Regulations, title 22, section 87638 (Resident request for review of health condition relocation order)

The interdisciplinary team review, its deadlines and its limits.

Where to look: Subdivisions (a) to (i).

Open section 87638 on Cornell LII
California Legislature (statute text on california.public.law)

Health and Safety Code section 1569.269

The rights of RCFE residents, including protection from involuntary transfer and eviction and the right to present grievances without reprisal.

Where to look: Subdivision (a), paragraphs (11), (12) and (22).

Open section 1569.269
California Legislature (statute text on california.public.law)

Health and Safety Code section 1569.35

Complaints to the Department and the onsite inspection that follows.

Where to look: Subdivisions (a) to (d).

Open section 1569.35
California Legislature (statute text on california.public.law)

Health and Safety Code section 1569.682

Relocation duties when a license is forfeited or the facility's use changes: the relocation evaluation, the sixty-day notice, the closure plan and the final list.

Where to look: Subdivisions (a) and (b).

Open section 1569.682
California Legislature (statute text on california.public.law)

Health and Safety Code section 1569.683

The content of a notice to quit and the copy to the responsible person.

Where to look: Subdivisions (a) and (b).

Open section 1569.683
California CDSS

Community Care Licensing forms

The CDSS forms list, including LIC 613C (personal rights in publicly operated RCFEs) and LIC 613C-2 (personal rights in privately operated RCFEs).

Where to look: The I to L list: LIC 613C and LIC 613C-2 and their revision dates.

Open the CDSS forms library
California CDSS

LIC 613C-2, Personal Rights of Residents in Privately Operated Residential Care Facilities for the Elderly (3/25)

The personal rights of residents in a privately run RCFE, when they are explained and given, the posting rule, and the complaint and elder-abuse contacts.

Where to look: Page 1 (explanation and contacts), pages 2 to 5 (the rights), page 7 (the signature block).

Open LIC 613C-2 (PDF)
California Department of Aging

Long-Term Care Ombudsman

What the Ombudsman program does for residents of long-term care facilities, the statewide hotline and how to find a local office.

Where to look: How To Find Services In My Area; What Services Are Available; An Ombudsman.

Open the Ombudsman page
California DHCS, approved by CMS

ALW waiver application CA.0431.R04.01, 2024 to 2029, as amended March 1, 2025

The care coordinator's monthly contact and ISP reviews, and how DHCS and the CCA help a participant who may have to relocate.

Where to look: Appendix B-2 (Participant Safeguards), Appendix C-1/C-3 (Care Coordination) and Appendix D-1.

Open the current ALW waiver (PDF)
U.S. Centers for Medicare & Medicaid Services (eCFR)

42 CFR 441.301, contents of request for a waiver

The home and community-based settings rule: the person selects the setting, and provider-owned or controlled settings give protections from eviction.

Where to look: Paragraphs (c)(4)(ii) and (c)(4)(vi)(A).

Open section 441.301 on eCFR
Call the ALW teamFit check