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Violation

California Code § 87608(a)(5)Unauthorized Resident Restraints

How CCLD inspectors cite this regulation, what providers do to stay clear of it, and where it appears in the public record.

Type A, seriousAffects rcfe31 facilities cited in the last 90 days
ℹ️ Educational reference based on public CCLD inspection records. Not legal or compliance advice. Verify requirements with official sources. Full disclaimer →

Regulation text

What California Code § 87608(a)(5) actually says

California Code § 87608(a)(5)

Under no circumstances shall postural supports include tying, depriving, or limiting the use of a resident's hands or feet.

From the field

What providers tell us about this citation

Based on community experience, not official guidance.

Inspectors will check wheelchairs and beds during walks. If an LPA sees a resident tied down or unable to move their hands and feet freely, you will get a Type A citation. Use only approved, quick-release postural supports that the resident can undo independently.

By the numbers

31*CCLD
facilities cited in the last 90 days

That is 1 in 435 facilities CCLD inspected.

SOURCE

*CCLD: California Community Care Licensing Divisionviolation_citationsUpdated weekly

12*CCLD
counties where this citation appeared

SOURCE

*CCLD: California Community Care Licensing Divisionviolation_citationsUpdated weekly

--*CCLD
rank among most-common citations

SOURCE

*CCLD: California Community Care Licensing Divisionviolation_citationsUpdated weekly

Trajectory
Steady

Last 90 days vs. previous 90 days.

31 facilities were cited for this in the last 90 days. See if yours is one of them.

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What other providers do

Common practices to stay clear of Unauthorized Resident Restraints

Common practices shared by providers. Confirm requirements with your licensing analyst.

Common practices

What to avoid

  • Using bed rails or belts that residents cannot open independently.
  • Tying residents to wheelchairs to prevent falls.
  • Lack of staff training on what constitutes an illegal restraint.

Regional record

Where this citation appeared in the past 90 days

Citation counts and rates by California county, drawn from CCLD inspection records.

Regional citations for Unauthorized Resident Restraints, last 90 days
CountyCitations
Los Angeles9
San Mateo4
Orange3
Alameda3
San Bernardino3
Riverside2
Sacramento2
Fresno1
Ventura1
San Diego1

SOURCE

*CCLD: California Community Care Licensing Divisionviolation_citationsUpdated weekly

Public record

Check any facility for § 87608(a)(5)

Free public record. No account needed.

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FAQ

Frequently asked questions

Answers based on public CCLD data and regulation text. May not reflect recent changes.

What is an unauthorized resident restraint violation?
An unauthorized restraint violation under Title 22, Section 87608(a)(5) occurs when staff tie, deprive, or limit the use of a resident's hands or feet. The regulation specifically bans these actions under any circumstances. This protects residents from abuse and preserves their personal freedom.
How common are restraint violations in California assisted living?
Recent data shows 31 California RCFEs were cited for this violation. It is designated as a Type A citation because restricting a resident's movement is a direct and immediate risk to their personal rights and safety. Even well-run communities can be cited if staff act improperly.
What happens if an RCFE is cited for tying a resident?
The facility receives a Type A citation, which carries higher civil penalties and requires an immediate plan of correction. The operator must stop the practice instantly and usually retrain all staff. CCLD may also require a change in care practices to ensure resident safety going forward.
How do I prevent unauthorized restraint citations?
Train your staff thoroughly on approved alternatives to physical restraints for fall prevention or wandering. Ensure any postural support used allows the resident to remove it easily. Conduct regular reviews of resident care plans to confirm all mobility aids meet Title 22 requirements and respect resident rights.
Do restraint violations affect my RCFE license?
Yes. The California Department of Social Services treats unauthorized restraints as a severe breach of resident rights. Repeated citations will put your license in jeopardy and can trigger enforcement actions. CCLD may place your facility on probation to monitor how you manage resident behavior.

Related violations

Other citations in this regulation family

This information is educational and does not constitute legal advice. Consult a licensed residential care compliance consultant for guidance specific to your facility. Citation data is sourced from California Community Care Licensing Division public records and is refreshed regularly.