Family Council

• Family councils shall be allowed to meet in a common room of the facility at least once a month.
• The facility must designate a staff person responsible for providing assistance and responding to written requests that result from family council meetings.
• The facility must respond to written requests or concerns of the family council within ten days.
• The facility must provide the council with adequate space to post notices, minutes, newsletters or other information about the operation or interest of the family council.
• The facility shall include notices of the family council meetings in quarterly mailings and inform family members and representatives of new residents of the council’s existence and of the time, place, and date of meetings.
• Facilities are prohibited from willfully interfering with the formation, maintenance or promotion of a family council. “Willful interference” includes discrimination, retaliation or the willful scheduling of events in conflict with a previously scheduled family council meeting.
• Violation of the law can result in a citation and penalty of up to $1,000.
• Outline of Nursing Home Residents’ Rights

California law sets forth the rights of family councils in RCFEs and the obligations of facilities regarding promoting and supporting family council development. (HSC 1569.158) Resident council rights and facility obligations include the following:  

• Family members, friends or representatives of two or more residents have the right to form a family council. 
• The facility must provide the council with adequate space on a prominent bulletin board or another posting area to display notices, minutes, newsletters or other information about the operation or interests of the family council. 
• The facility must respond to written requests or concerns of the family council within 14 days. 
• The facility shall include notices of the family council meetings in routine mailings and inform family members and representatives of new residents of the council’s existence and of the time, place, date of meetings, and the name of the family council representative.
• If there is no family council, the facility shall provide written information to families of new residents of their right to form a family council. 
• For facilities with a licensed capacity of 16 or more, they must designate a staff liaison responsible for providing assistance, arranging meeting space, and responding to written requests resulting from family council meetings. 
• Facilities are prohibited from willfully interfering with the formation, maintenance or promotion of a family council. “Willful interference” includes discrimination or retaliation for participating in a family council, refusal to publicize meetings or provide appropriate space for meetings, or failure to respond to written requests promptly. 
• Violation of the law can result in a citation and penalty of $250 per day.  
• Outline of Residents’ Rights, Residential Care Facilities for the Elderly

• Contact a social worker and facility administrator.
• Organize a group of resident representatives, family, and friends to conduct active meetings.