4 lessonsAbout 20 minutesNo CE or licensure credit

Your rights in an RCFE, and how to raise a concern

A short guide for families and representatives in four lessons: the personal rights every resident of a Residential Care Facility for the Elderly (RCFE) has, the added protections for people in the Assisted Living Waiver (ALW), where to take a concern, and the protection from being punished for speaking up.

Written for

  • Families and representatives
Course version
2026.10.3
Text checked against its sources

Before you begin

What you will be able to do

  • Find the rights form your loved one signed at move-in and name the rights it gives in daily life, choices, money and safety.
  • Check a house rule against the ALW protections for visitors, food, schedule and a lockable door, and know that any limit must be written in the ISP with the person's consent.
  • Choose where to take a concern, by how urgent it is and what it is about: 911, the home, the care coordination agency, DHCS, Community Care Licensing or the Ombudsman.
  • Spot a threat or a punishment after a complaint, and know when to call the Ombudsman or get legal help.

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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 DHCS

Assisted Living Waiver program page

The program description, the eligibility criteria, the counties, the current waiver and its amendments, grievances and enrollment information.

Where to look: The Eligibility, Current Waiver, Approved Amendments, Emergency Amendments and Current Enrollment sections.

Open the DHCS ALW page
California CDSS (regulation text on Cornell LII)

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

Advising residents and representatives of their personal rights at admission, the signed copy, and posting the rights, the nondiscrimination notice and the complaint information.

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

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

Title 22, section 87468.1: Personal rights of residents in all facilities

The rights of residents in every RCFE: dignity, freedom from punishment, complaint information, leaving the facility, visitors, possessions and money, telephone and mail, and receiving or rejecting care.

Where to look: Subdivision (a), paragraphs (1) to (18).

Open section 87468.1 on Cornell LII
California CDSS (regulation text on Cornell LII)

California Code of Regulations, title 22, section 87468.2 (Additional personal rights of residents in privately operated facilities)

The added rights in privately operated RCFEs: privacy, freedom from retaliation, daily choices, care planning, grievances, contacting CDSS and the Ombudsman, eviction protections, visitors, finances, and no waiver of rights in the admission contract.

Where to look: Subdivision (a), paragraphs (1) to (27), and subdivision (c).

Open section 87468.2 on Cornell LII
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 CDSS

Community Care Licensing forms

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

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

Open the CDSS forms library
U.S. Centers for Medicare & Medicaid Services (eCFR)

42 CFR 441.301, contents of request for a waiver

The federal person-centered planning process, what the person-centered service plan must contain, how often it is reviewed, the qualities of home and community-based settings, and the rules for modifying the added conditions in provider-owned or controlled settings.

Where to look: Paragraphs (c)(1) to (c)(3), and (c)(4)(vi)(A) to (F).

Open section 441.301 on eCFR
California DHCS

Statewide Transition Plan for Compliance with Home and Community-Based Settings Rules (June 2023)

California's plan for bringing HCBS settings into line with the federal rule: the ALW on-site assessments and remediation, relocation and notice, ongoing monitoring, complaints, and the review of RCFE rules against each settings requirement.

Where to look: ALW and HCBA Waiver sections (pages 29 to 32 and 39 to 40), Monitoring and Oversight (pages 45 to 48), and Appendix B, the RCFE table (pages 189 to 206).

Open the DHCS Statewide Transition Plan (PDF)
California DHCS

Assisted Living Waiver Individual Service Plan Desk Guide (August 2024)

How a care coordinator documents a rights modification in the ALW ISP, which rights can be modified, who implements and who monitors, and the Patient's Rights Form.

Where to look: Rights Modifications (pages 29 to 32) and the Patient's Rights Form (pages 33 to 35).

Open the DHCS ISP Desk Guide (PDF)
California Legislature (statute text on california.public.law)

Health and Safety Code section 1569.269

The personal rights of residents of residential care facilities for the elderly, including privacy, dignity, daily choices, freedom from coercion and retaliation, room and roommate choices, visitors, possessions and eviction protections.

Where to look: Subdivision (a), paragraphs (1) to (31), and subdivisions (c) and (e).

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

Health and Safety Code section 1569.35

Complaints to the Department about an RCFE, keeping names in a complaint from the licensee, the onsite inspection and the written result.

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

Open section 1569.35
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 Department of Aging

Report Elder Abuse or Neglect

Warning signs of abuse, and who to contact by where the abuse happened, including 911 for immediate danger and the contacts for licensed residential care facilities.

Where to look: Warning Signs and Who to Contact.

Open the page on reporting elder abuse
Call the ALW teamFit check