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Guide · Memory care

California's Dementia Care Rules for Assisted Living and Board and Care Homes

California's dementia care rules are in Title 22, sections 87705 and 87706, and were rewritten effective January 1, 2025. Any licensed home caring for a resident diagnosed with dementia must train staff in dementia care, watch its exits, and get written consent before using tracking devices or locked doors. Homes that advertise dementia care must do more.

Key points

  • Section 87705 applies to every licensed home caring for a resident diagnosed with dementia, whatever the home calls itself.
  • Section 87706 adds duties for homes that advertise or promote dementia care, including a written program description.
  • Locked doors and tracking devices need written consent, or a conservator's court order for locked doors.
  • A dementia diagnosis alone does not mean a person must live behind locked doors.
  • The rules changed on January 1, 2025. Older summaries and printed copies may be out of date.

Where are California's dementia care rules written?

Assisted living communities and board and care homes are licensed in California as residential care facilities for the elderly (RCFEs). The dementia rules sit inside the RCFE regulations, in Title 22 of the California Code of Regulations, Article 12. Section 87705 covers the care of residents diagnosed with dementia. Section 87706 covers homes that advertise dementia care. The Health and Safety Code adds training hours and the rules on secured buildings.

Section 87705 says it applies to residents diagnosed with dementia, and that mild cognitive impairment is not considered dementia. The regulations now define dementia as a general term for major neurocognitive disorder, which includes Alzheimer's disease and related disorders such as vascular dementia, Lewy body dementia and frontotemporal dementia, diagnosed by a licensed medical professional.

For how these rules shape the thing families call memory care, see what memory care means in California.

What must every home caring for a person with dementia do?

Under section 87705, a licensee caring for residents diagnosed with dementia is responsible for the following:

  • Staff training in dementia care, including hydration, nutrition, skin care, communication, activities, behavior, the environment and help with daily activities.
  • Staff training to recognize things that can set off or worsen behavior, such as dehydration, urinary tract infections and swallowing problems, and the effects of medications commonly used to reduce behavior.
  • In a home with fewer than 16 residents, at least one night staff person awake and on duty if any resident with dementia is found to need awake night supervision.
  • An auditory device or other staff alert on exterior doors and perimeter gates that residents at risk of leaving unsupervised can reach.
  • Prior written approval from the resident or conservator before using an egress alert device or a location tracking device.
  • A report to the resident's representative and to the licensing agency each time a resident at risk leaves unsupervised, which the regulations call elopement.

What extra rules apply to a home that advertises dementia or memory care?

Section 87706 applies to licensees who advertise, promote or otherwise hold themselves out as providing special care, programming or environments for residents with dementia. Health and Safety Code section 1569.627 requires such a home to disclose its special features in its plan of operation and to provide that information to the public on request.

A separate statute quoted in the regulation, section 1569.628, requires an accurate written description of the program and services to be given to each prospective resident before admission. The home must also keep copies of its dementia care advertising for at least three years, and give 30 days' written notice to residents and the licensing agency before it stops advertising dementia care.

The plan of operation must describe:

  • The program's philosophy and goals.
  • Which areas of the building provide dementia care, and which services are specific to residents with dementia.
  • The training given to direct care staff.
  • The activity program, including mental stimulation, physical activity and reminiscence.
  • The physical environment, such as lighting, signs, noise, secured areas and outdoor space.
  • What happens when a resident's condition changes, and the conditions that would require a resident to move out.
  • How the home reviews whether its program is working.

What changed in the 2025 dementia care regulations?

The California Department of Social Services says the updated package took effect January 1, 2025, and that the earlier rules, last updated in 2004, were more restrictive for people with dementia and were based on a diagnosis instead of a person's individual needs. Its guide to the changes and its August 2025 questions and answers describe these among the main changes:

  • New definitions for behavioral expression, elopement, unsafe wandering, major neurocognitive disorder and significant change in condition.
  • Removal of provisions that barred a home from accepting or keeping a person whose main need for care came from dementia or an ongoing behavior.
  • Removal of the separate yearly medical assessment for residents with a dementia diagnosis. Every resident still needs a medical assessment before admission, a reappraisal at least every 12 months, and a request for a yearly routine medical visit.
  • Location tracking devices allowed alongside egress alert devices, with prior written approval.
  • A requirement that homes with locked doors or gates keep a signed consent statement or a conservator's court order, and that staff on every shift have, and know how to use, what is needed to open them.
  • A requirement to record, in the resident's reappraisal, a behavior that could cause harm, what happened just before it, and the least restrictive response.
  • Repeal of section 87707, the old training rule for homes that advertise. Training hours now come from statute, covered in memory care staffing and training.

Does a person with dementia have to live in a locked home?

No. The department's questions and answers state that a person does not need to be admitted to a secured home based only on a dementia diagnosis. Admission should rest on the person's individual needs and whether the home can meet them.

The personal rights regulation still applies: a resident has the right to leave the facility at any time and not to be locked into any room, building or premises. When a home does lock exterior doors or gates, Health and Safety Code section 1569.698 says admission must be voluntary or by the lawful consent of a legal conservator, and a person who is not conserved signs a statement of voluntary entry.

The details of alarms, delayed-egress doors and secured perimeters are in wandering and exit-seeking. Medication rules are in dementia medications in care homes.

How can a family check that a home follows these rules?

Each home also decides for itself what it can manage, so two licensed homes can give different answers about the same person. If a resident is in immediate danger, call 911. The department asks that a resident improperly admitted to or kept in a secured setting be reported to its Community Care Licensing Division, which also takes other complaints about licensed homes.

  1. 1

    Ask for the written program description

    A home that advertises dementia care must give it to a prospective resident before admission. Read what it says about staff training, activities and the conditions that would require a move.

  2. 2

    Ask how the exits work

    Find out whether doors are alarmed, delayed or locked, and which consent form you would be asked to sign.

  3. 3

    Ask about nights

    In a small home, ask whether the night caregiver is awake and how that was decided for the current residents.

  4. 4

    Read the public record

    Citations for supervision, training or exits appear in the home's licensing reports. Our guide on how to check an RCFE license shows where to find them.

How Hamssa can help

Hamssa Benrekia is a senior living placement specialist in Torrance who holds an RCFE Administrator Certificate. She helps families in the South Bay and Harbor area of Los Angeles County compare licensed homes for a person living with dementia, and goes on tours with them. To talk about memory care placement, contact Hamssa. The California Assisted Living Placement Guide covers the rest of the decision.

Common questions

Is there a special memory care license in California?

The dementia care rules are part of the regulations for residential care facilities for the elderly, the license that assisted living communities and board and care homes hold. Section 87705 of Title 22 applies to any such home caring for a resident diagnosed with dementia. Section 87706 adds requirements for a home that advertises or promotes dementia care, including a written description of its program.

When did California's dementia care regulations change?

The California Department of Social Services says its updated dementia care regulations took effect January 1, 2025. The earlier rules were last updated in 2004. The update added definitions such as elopement and unsafe wandering, removed some limits on accepting people with dementia, and added consent and reporting requirements. Printed copies of Title 22 from before 2025 do not show these changes.

Does a care home need consent to put a tracking device on my mother?

Yes. Under Title 22, section 87705, a home may use an egress alert device, such as a wristband that sets off an alarm, or a location tracking device only with the prior written approval of the resident or conservator, and only if the device does not violate the resident's personal rights. If you hold a power of attorney, ask the home whose signature it needs.

Can a small board and care home care for someone with dementia?

Yes, if it can meet the person's needs and follows section 87705. The rules apply to homes of every size. In a home with fewer than 16 residents, at least one night staff person must be awake and on duty if any resident with dementia is found, through an appraisal or observation, to need awake night supervision. Each home decides what it can manage.

Sources

Official pages this page relies on. Rules and programs change, so check the source for the current version.

This guide is general information, not medical, legal or financial advice. Program rules and costs change; confirm details with the agency named in the sources.

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