AB 1387: Care facilities: civil penalties, deficiencies, and appeal procedures.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-10-04
(1)Existing law establishes the State Department of Social Services and sets forth its powers and duties, including, but not limited to, the licensing and administration of community care facilities, residential care facilities for persons with chronic life-threatening illnesses, residential care facilities for the elderly, child day care centers, and family day care homes. Existing law authorizes any person to request an inspection of a residential care facility for the elderly by transmitting to the department notice of an alleged violation of applicable requirements prescribed by statutes or regulations, including, but not limited to, a denial of access of any person statutorily authorized to enter the facility. Under existing law, upon receipt of a complaint alleging denial of a statutory right of access to a residential facility for the elderly, the department is required to review the complaint and promptly notify the complainant of the departments proposed course of action.
This bill would instead authorize any person to request an investigation of a residential care facility for the elderly by making a complaint to the department alleging a violation of the applicable statutes or regulations. The bill would delete the departments above-described obligations relating to the denial of a statutory right of access and instead impose specified requirements on the department, including a pre-investigation interview, if a local long-term care ombudsman or the State Long-Term Care Ombudsman files a complaint alleging denial of a statutory right of access to a residential care facility for the elderly. The bill would require the department, within 10 days of completing the investigation of a complaint conducted pursuant to these provisions, to notify the complainant in writing of the departments determination as a result of the investigation.
(2)Existing law authorizes the department to impose various civil penalties for a licensing violation under the above-described provisions, as specified. Existing law generally authorizes the department to impose a larger civil penalty for a violation that the department determines resulted in the death of a resident of or a person receiving care at one of those facilities, and for a violation that the department determines constitutes physical abuse of, or results in serious bodily injury to, a resident of or a person receiving care at one of those facilities. Prior to the issuance of a citation imposing one of those death, physical abuse, or serious bodily injury civil penalties, existing law requires the approval of the Director of Social Services.
This bill would instead require the approval of the program administrator of the Community Care Licensing Division of the department prior to the issuance of a citation imposing one of the death, physical abuse, or serious bodily injury civil penalties described above.
(3)Existing law, beginning July 1, 2015, provides a licensee under the provisions described above the right to submit to the department a written request for a formal review of an assessment of the death, physical abuse, and serious bodily injury civil penalties described above by a regional manager of the Community Care Licensing Division of the department. Existing law establishes a process to appeal that review to the program administrator of the Community Care Licensing Division of the department, to further appeal to the deputy director of the Community Care Licensing Division of the department, and, upon exhausting the deputy director review, to an administrative law judge.
This bill would revise the review process of an assessment of the death, physical abuse, and serious bodily injury civil penalties described above by, among other things, deleting the provisions relating to a regional manager of the Community Care Licensing Division of the department and the program administrator of the Community Care Licensing Division of the department. The bill would also establish a process to appeal any other civil penalty assessed pursuant to these provisions. The bill would authorize the department to implement and administer these provisions through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act, and would make conforming changes.
(4)Existing law requires the department to notify the facilities described above in writing of all deficiencies in their compliance with specified provisions of law, and requires those facilities, unless otherwise specified, to remedy the deficiencies within certain time periods. Existing law requires the department to adopt regulations setting forth the appeal procedures for deficiencies.
This bill would establish a process for a licensee to submit to the department a written request for a formal review of a finding of a deficiency, and to further appeal that review to the program administrator of the Community Care Licensing Division. The bill would also require a notification of a deficiency written by a representative of the department to include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(5)Existing law requires moneys collected from the imposition of the penalties described above relating to child day care centers and family day care homes to be deposited in the Child Health and Safety Fund and expended for certain purposes, including technical assistance, orientation, training, and education of licensed day care centers.
This bill would delete the requirement that moneys collected from the imposition of certain penalties and deposited in the Child Health and Safety Fund be used for assisting families with the identification, transportation, and enrollment of children in another day care center or family day care home upon the revocation or suspension of the license of a day care center or family day care home.
(6)This bill would incorporate changes to Section 1548 of the Health and Safety Code proposed by both this bill and AB 403, which would become operative only if both bills are enacted and become effective on or before January 1, 2016, and this bill is chaptered last.
(1)Existing law establishes the State Department of Social Services and sets forth its powers and duties, including, but not limited to, the licensing and administration of community care facilities, residential care facilities for persons with chronic life-threatening illnesses, residential care facilities for the elderly, child day care centers, and family day care homes. Existing law authorizes any person to request an inspection of a residential care facility for the elderly by transmitting to the department notice of an alleged violation of applicable requirements prescribed by statutes or regulations, including, but not limited to, a denial of access of any person statutorily authorized to enter the facility. Under existing law, upon receipt of a complaint alleging denial of a statutory right of access to a residential facility for the elderly, the department is required to review the complaint and promptly notify the complainant of the departments proposed course of action.
This bill would instead authorize any person to request an investigation of a residential care facility for the elderly by making a complaint to the department alleging a violation of the applicable statutes or regulations. The bill would delete the departments above-described obligations relating to the denial of a statutory right of access and instead impose specified requirements on the department, including a pre-investigation interview, if a local long-term care ombudsman or the State Long-Term Care Ombudsman files a complaint alleging denial of a statutory right of access to a residential care facility for the elderly. The bill would require the department, within 10 days of completing the investigation of a complaint conducted pursuant to these provisions, to notify the complainant in writing of the departments determination as a result of the investigation.
(2)Existing law authorizes the department to impose various civil penalties for a licensing violation under the above-described provisions, as specified. Existing law generally authorizes the department to impose a larger civil penalty for a violation that the department determines resulted in the death of a resident of or a person receiving care at one of those facilities, and for a violation that the department determines constitutes physical abuse of, or results in serious bodily injury to, a resident of or a person receiving care at one of those facilities. Prior to the issuance of a citation imposing one of those death, physical abuse, or serious bodily injury civil penalties, existing law requires the approval of the Director of Social Services.
This bill would instead require the approval of the program administrator of the Community Care Licensing Division of the department prior to the issuance of a citation imposing one of the death, physical abuse, or serious bodily injury civil penalties described above.
(3)Existing law, beginning July 1, 2015, provides a licensee under the provisions described above the right to submit to the department a written request for a formal review of an assessment of the death, physical abuse, and serious bodily injury civil penalties described above by a regional manager of the Community Care Licensing Division of the department. Existing law establishes a process to appeal that review to the program administrator of the Community Care Licensing Division of the department, to further appeal to the deputy director of the Community Care Licensing Division of the department, and, upon exhausting the deputy director review, to an administrative law judge.
This bill would revise the review process of an assessment of the death, physical abuse, and serious bodily injury civil penalties described above by, among other things, deleting the provisions relating to a regional manager of the Community Care Licensing Division of the department and the program administrator of the Community Care Licensing Division of the department. The bill would also establish a process to appeal any other civil penalty assessed pursuant to these provisions. The bill would authorize the department to implement and administer these provisions through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act, and would make conforming changes.
(4)Existing law requires the department to notify the facilities described above in writing of all deficiencies in their compliance with specified provisions of law, and requires those facilities, unless otherwise specified, to remedy the deficiencies within certain time periods. Existing law requires the department to adopt regulations setting forth the appeal procedures for deficiencies.
This bill would establish a process for a licensee to submit to the department a written request for a formal review of a finding of a deficiency, and to further appeal that review to the program administrator of the Community Care Licensing Division. The bill would also require a notification of a deficiency written by a representative of the department to include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(5)Existing law requires moneys collected from the imposition of the penalties described above relating to child day care centers and family day care homes to be deposited in the Child Health and Safety Fund and expended for certain purposes, including technical assistance, orientation, training, and education of licensed day care centers.
This bill would delete the requirement that moneys collected from the imposition of certain penalties and deposited in the Child Health and Safety Fund be used for assisting families with the identification, transportation, and enrollment of children in another day care center or family day care home upon the revocation or suspension of the license of a day care center or family day care home.
(6)This bill would incorporate changes to Section 1548 of the Health and Safety Code proposed by both this bill and AB 403, which would become operative only if both bills are enacted and become effective on or before January 1, 2016, and this bill is chaptered last.
(1)Existing law establishes the State Department of Social Services and sets forth its powers and duties, including, but not limited to, the licensing and administration of community care facilities, residential care facilities for persons with chronic life-threatening illnesses, residential care facilities for the elderly, child day care centers, and family day care homes. Existing law authorizes any person to request an inspection of a residential care facility for the elderly by transmitting to the department notice of an alleged violation of applicable requirements prescribed by statutes or regulations, including, but not limited to, a denial of access of any person statutorily authorized to enter the facility. Under existing law, upon receipt of a complaint alleging denial of a statutory right of access to a residential facility for the elderly, the department is required to review the complaint and promptly notify the complainant of the departments proposed course of action.
This bill would instead authorize any person to request an investigation of a residential care facility for the elderly by making a complaint to the department alleging a violation of the applicable statutes or regulations. The bill would delete the departments above-described obligations relating to the denial of a statutory right of access and instead impose specified requirements on the department, including a pre-investigation interview, if a local long-term care ombudsman or the State Long-Term Care Ombudsman files a complaint alleging denial of a statutory right of access to a residential care facility for the elderly. The bill would require the department, within 10 days of completing the investigation of a complaint conducted pursuant to these provisions, to notify the complainant in writing of the departments determination as a result of the investigation.
(2)Existing law authorizes the department to impose various civil penalties for a licensing violation under the above-described provisions, as specified. Existing law generally authorizes the department to impose a larger civil penalty for a violation that the department determines resulted in the death of a resident of or a person receiving care at one of those facilities, and for a violation that the department determines constitutes physical abuse of, or results in serious bodily injury to, a resident of or a person receiving care at one of those facilities. Prior to the issuance of a citation imposing one of those death, physical abuse, or serious bodily injury civil penalties, existing law requires the approval of the Director of Social Services.
This bill would instead require the approval of the program administrator of the Community Care Licensing Division of the department prior to the issuance of a citation imposing one of the death, physical abuse, or serious bodily injury civil penalties described above.
(3)Existing law, beginning July 1, 2015, provides a licensee under the provisions described above the right to submit to the department a written request for a formal review of an assessment of the death, physical abuse, and serious bodily injury civil penalties described above by a regional manager of the Community Care Licensing Division of the department. Existing law establishes a process to appeal that review to the program administrator of the Community Care Licensing Division of the department, to further appeal to the deputy director of the Community Care Licensing Division of the department, and, upon exhausting the deputy director review, to an administrative law judge.
This bill would revise the review process of an assessment of the death, physical abuse, and serious bodily injury civil penalties described above by, among other things, deleting the provisions relating to a regional manager of the Community Care Licensing Division of the department and the program administrator of the Community Care Licensing Division of the department. The bill would also establish a process to appeal any other civil penalty assessed pursuant to these provisions. The bill would authorize the department to implement and administer these provisions through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act, and would make conforming changes.
(4)Existing law requires the department to notify the facilities described above in writing of all deficiencies in their compliance with specified provisions of law, and requires those facilities, unless otherwise specified, to remedy the deficiencies within certain time periods. Existing law requires the department to adopt regulations setting forth the appeal procedures for deficiencies.
This bill would establish a process for a licensee to submit to the department a written request for a formal review of a finding of a deficiency, and to further appeal that review to the program administrator of the Community Care Licensing Division. The bill would also require a notification of a deficiency written by a representative of the department to include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(5)Existing law requires moneys collected from the imposition of the penalties described above relating to child day care centers and family day care homes to be deposited in the Child Health and Safety Fund and expended for certain purposes, including technical assistance, orientation, training, and education of licensed day care centers.
This bill would delete the requirement that moneys collected from the imposition of certain penalties and deposited in the Child Health and Safety Fund be used for assisting families with the identification, transportation, and enrollment of children in another day care center or family day care home upon the revocation or suspension of the license of a day care center or family day care home.
(6)This bill would incorporate changes to Section 1548 of the Health and Safety Code proposed by both this bill and AB 403, which would become operative only if both bills are enacted and become effective on or before January 1, 2016, and this bill is chaptered last.
(1)Existing law establishes the State Department of Social Services and sets forth its powers and duties, including, but not limited to, the licensing and administration of community care facilities, residential care facilities for persons with chronic life-threatening illnesses, residential care facilities for the elderly, child day care centers, and family day care homes. Existing law authorizes any person to request an inspection of a residential care facility for the elderly by transmitting to the department notice of an alleged violation of applicable requirements prescribed by statutes or regulations, including, but not limited to, a denial of access of any person statutorily authorized to enter the facility. Under existing law, upon receipt of a complaint alleging denial of a statutory right of access to a residential facility for the elderly, the department is required to review the complaint and promptly notify the complainant of the departments proposed course of action.
This bill would instead authorize any person to request an investigation of a residential care facility for the elderly by making a complaint to the department alleging a violation of the applicable statutes or regulations. The bill would delete the departments above-described obligations relating to the denial of a statutory right of access and instead impose specified requirements on the department, including a pre-investigation interview, if a local long-term care ombudsman or the State Long-Term Care Ombudsman files a complaint alleging denial of a statutory right of access to a residential care facility for the elderly. The bill would impose other requirements on require the department relating to investigations conducted pursuant to these provisions, including, among others, that department, within 10 days of completing the investigation of a complaint, the department complaint conducted pursuant to these provisions, to notify the complainant in writing of the departments determination as a result of the investigation and of the complainants right to appeal the findings. The bill would establish a process for a complainant to appeal the departments investigation, findings, or enforcement actions resulting from the investigation.
(2)Existing law authorizes the department to impose various civil penalties for a licensing violation under the above-described provisions, as specified. Existing law generally authorizes the department to impose a larger civil penalty for a violation that the department determines resulted in the death of a resident of or a person receiving care at one of those facilities, and for a violation that the department determines constitutes physical abuse of, or results in serious bodily injury to, a resident of or a person receiving care at one of those facilities. Prior to the issuance of a citation imposing one of those death, physical abuse, or serious bodily injury civil penalties, existing law requires the approval of the Director of Social Services.
This bill would instead require the approval of the program administrator of the Community Care Licensing Division of the department prior to the issuance of a citation imposing one of the death, physical abuse, or serious bodily injury civil penalties described above.
(3)Existing law, beginning July 1, 2015, provides a licensee under the provisions described above the right to submit to the department a written request for a formal review of an assessment of the death, physical abuse, and serious bodily injury civil penalties described above by a regional manager of the Community Care Licensing Division of the department. Existing law establishes a process to appeal that review to the program administrator of the Community Care Licensing Division of the department, to further appeal to the deputy director of the Community Care Licensing Division of the department, and, upon exhausting the deputy director review, to an administrative law judge.
This bill would revise the review process of an assessment of the death, physical abuse, and serious bodily injury civil penalties described above by, among other things, deleting the provisions relating to a regional manager of the Community Care Licensing Division of the department and the program administrator of the Community Care Licensing Division of the department. The bill would also establish a process to appeal any other civil penalty assessed pursuant to these provisions. The bill would authorize the department to implement and administer these provisions through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act, and would make conforming changes.
(4)Existing law requires the department to notify the facilities described above in writing of all deficiencies in their compliance with specified provisions of law, and requires those facilities, unless otherwise specified, to remedy the deficiencies within certain time periods. Existing law requires the department to adopt regulations setting forth the appeal procedures for deficiencies.
This bill would establish a process for a licensee to submit to the department a written request for a formal review of a finding of a deficiency, and to further appeal that review to the program administrator of the Community Care Licensing Division. The bill would also require a notification of a deficiency written by a representative of the department to include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(5)Existing law requires moneys collected from the imposition of the penalties described above relating to child day care centers and family day care homes to be deposited in the Child Health and Safety Fund and expended for certain purposes, including technical assistance, orientation, training, and education of licensed daycare day care centers.
This bill would delete the requirement that moneys collected from the imposition of certain penalties and deposited in the Child Health and Safety Fund be used for assisting families with the identification, transportation, and enrollment of children in another day care center or family day care home upon the revocation or suspension of the license of a day care center or family day care home.
(1)Existing law establishes the State Department of Social Services and sets forth its powers and duties, including, but not limited to, the licensing and administration of community care facilities, residential care facilities for persons with chronic life-threatening illnesses, residential care facilities for the elderly, child day care centers, and family day care homes. Existing law authorizes any person to request an inspection of a residential care facility for the elderly by transmitting to the department notice of an alleged violation of applicable requirements prescribed by statutes or regulations, including, but not limited to, a denial of access of any person statutorily authorized to enter the facility. Under existing law, upon receipt of a complaint alleging denial of a statutory right of access to a residential facility for the elderly, the department is required to review the complaint and promptly notify the complainant of the departments proposed course of action.
This bill would instead authorize any person to request an investigation of a residential care facility for the elderly by making a complaint to the department alleging a violation of the applicable statutes or regulations. The bill would delete the departments above-described obligations relating to the denial of a statutory right of access and instead impose specified requirements on the department, including a pre-investigation interview, if a local long-term care ombudsman or the State Long-Term Care Ombudsman files a complaint alleging denial of a statutory right of access to a residential care facility for the elderly. The bill would impose other requirements on the department relating to investigations conducted pursuant to these provisions, including, among others, that within 10 days of completing the investigation of a complaint, the department notify the complainant in writing of the departments determination as a result of the investigation and of the complainants right to appeal the findings. The bill would establish a process for a complainant to appeal the departments investigation, findings, or enforcement actions resulting from the investigation.
(2)Existing law authorizes the department to impose various civil penalties for a licensing violation under the above-described provisions, as specified. Existing law generally authorizes the department to impose a larger civil penalty for a violation that the department determines resulted in the death of a resident of or a person receiving care at one of those facilities, and for a violation that the department determines constitutes physical abuse of, or results in serious bodily injury to, a resident of or a person receiving care at one of those facilities. Prior to the issuance of a citation imposing one of those death, physical abuse, or serious bodily injury civil penalties, existing law requires the approval of the Director of Social Services.
This bill would instead require the approval of the program administrator of the Community Care Licensing Division of the department prior to the issuance of a citation imposing one of the death, physical abuse, or serious bodily injury civil penalties described above.
(3)Existing law, beginning July 1, 2015, provides a licensee under the provisions described above the right to submit to the department a written request for a formal review of an assessment of the death, physical abuse, and serious bodily injury civil penalties described above by a regional manager of the Community Care Licensing Division of the department. Existing law establishes a process to appeal that review to the program administrator of the Community Care Licensing Division of the department, to further appeal to the deputy director of the Community Care Licensing Division of the department, and, upon exhausting the deputy director review, to an administrative law judge.
This bill would revise the review process of an assessment of the death, physical abuse, and serious bodily injury civil penalties described above by, among other things, deleting the provisions relating to a regional manager of the Community Care Licensing Division of the department and the program administrator of the Community Care Licensing Division of the department. The bill would also establish a process to appeal any other civil penalty assessed pursuant to these provisions.
(4)Existing law requires the department to notify the facilities described above in writing of all deficiencies in their compliance with specified provisions of law, and requires those facilities, unless otherwise specified, to remedy the deficiencies within certain time periods. Existing law requires the department to adopt regulations setting forth the appeal procedures for deficiencies.
This bill would establish a process for a licensee to submit to the department a written request for a formal review of a finding of a deficiency, and to further appeal that review to the program administrator of the Community Care Licensing Division. The bill would also require a notification of a deficiency written by a representative of the department to include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(5)Existing law requires moneys collected from the imposition of the penalties described above relating to child day care centers and family day care homes to be deposited in the Child Health and Safety Fund and expended for certain purposes, including technical assistance, orientation, training, and education of licensed daycare centers.
This bill would delete the requirement that moneys collected from the imposition of certain penalties and deposited in the Child Health and Safety Fund be used for assisting families with the identification, transportation, and enrollment of children in another day care center or family day care home upon the revocation or suspension of the license of a day care center or family day care home.
Existing
(1)Existing law establishes the State Department of Social Services and sets forth its powers and duties, including, but not limited to, the licensing and administration of community care facilities, residential care facilities for persons with chronic life-threatening illnesses, residential care facilities for the elderly, child day care centers centers, and family day care homes. Existing law authorizes the any person to request an inspection of a residential care facility for the elderly by transmitting to the department notice of an alleged violation of applicable requirements prescribed by statutes or regulations, including, but not limited to, a denial of access of any person statutorily authorized to enter the facility. Under existing law, upon receipt of a complaint alleging denial of a statutory right of access to a residential facility for the elderly, the department is required to review the complaint and promptly notify the complainant of the departments proposed course of action.
This bill would instead authorize any person to request an investigation of a residential care facility for the elderly by making a complaint to the department alleging a violation of the applicable statutes or regulations. The bill would delete the departments above-described obligations relating to the denial of a statutory right of access and instead impose specified requirements on the department, including a pre-investigation interview, if a local long-term care ombudsman or the State Long-Term Care Ombudsman files a complaint alleging denial of a statutory right of access to a residential care facility for the elderly. The bill would impose other requirements on the department relating to investigations conducted pursuant to these provisions, including, among others, that within 10 days of completing the investigation of a complaint, the department notify the complainant in writing of the departments determination as a result of the investigation and of the complainants right to appeal the findings. The bill would establish a process for a complainant to appeal the departments investigation, findings, or enforcement actions resulting from the investigation.
(2)Existing law authorizes the department to impose various civil penalties for a licensing violation under those the above-described provisions, as specified, and requires specified. Existing law generally authorizes the department to impose a larger civil penalty for a violation that the department determines resulted in the death of a resident of or a person receiving care at one of those facilities, and for a violation that the department determines constitutes physical abuse of, or results in serious bodily injury to, a resident of or a person receiving care at one of those facilities. Prior to the issuance of a citation imposing one of those death, physical abuse, or serious bodily injury civil penalties, existing law requires the approval of the Director of Social Services.
This bill would instead require the approval of the program administrator of the Community Care Licensing Division of the department prior to the issuance of a citation imposing one of the death, physical abuse, or serious bodily injury civil penalties described above.
(3)Existing law, beginning July 1, 2015, provides a licensee under the provisions described above the right to submit to the department a written request for a formal review of an assessment of the death, physical abuse, and serious bodily injury civil penalties described above by a regional manager of the Community Care Licensing Division of the department. Existing law establishes a process to appeal that review to the program administrator of the Community Care Licensing Division of the department, to further appeal to the deputy director of the Community Care Licensing Division of the department, and, upon exhausting the deputy director review, to an administrative law judge.
This bill would revise the review process of an assessment of the death, physical abuse, and serious bodily injury civil penalties described above by, among other things, deleting the provisions relating to a regional manager of the Community Care Licensing Division of the department and the program administrator of the Community Care Licensing Division of the department. The bill would also establish a process to appeal any other civil penalty assessed pursuant to these provisions.
(4)Existing law requires the department to notify the facilities described above in writing of all deficiencies in their compliance with specified provisions of law, and requires those facilities, unless otherwise specified, to remedy the deficiencies within certain time periods. Existing law requires the department to adopt regulations setting forth the appeal procedures for deficiencies.
This bill would establish a process for a licensee to submit to the department a written request for a formal review of a finding of a deficiency, and to further appeal that review to the program administrator of the Community Care Licensing Division. The bill would also require a notification of a deficiency written by a representative of the department to include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(5)Existing law requires moneys collected from the imposition of those the penalties described above relating to child day care centers and family day care homes to be deposited in the Child Health and Safety Fund and expended for certain purposes, including technical assistance, orientation, training, and education of licensed daycare centers.
This bill would delete the requirement that moneys collected from the imposition of certain penalties and deposited in the Child Health and Safety Fund be used for assisting families with the identification, transportation, and enrollment of children in another day care center or family day care home upon the revocation or suspension of the license of a day care center or family day care home.
Existing law establishes the State Department of Social Services and sets forth its powers and duties, including, but not limited to, the licensing and administration of day care centers and family day care homes. Existing law authorizes the department to impose various civil penalties for a licensing violation under those provisions, as specified, and requires moneys collected from the imposition of those penalties to be deposited in the Child Health and Safety Fund and expended for certain purposes, including technical assistance, orientation, training, and education of licensed daycare centers.
This bill would delete the requirement that moneys collected from the imposition of certain penalties and deposited in the Child Health and Safety Fund be used for assisting families with the identification, transportation, and enrollment of children in another day care center or family day care home upon the revocation or suspension of the license of a day care center or family day care home.
Existing law establishes the State Department of Social Services and sets forth its powers and duties, including, but not limited to, the licensing and administration of community care facilities, residential care facilities for persons with chronic life-threatening illnesses, residential care facilities for the elderly, child day care centers, and family day care homes.
Existing law establishes the State Department of Social Services and sets forth its powers and duties, including, but not limited to, the licensing and administration of community care facilities, residential care facilities for persons with chronic life-threatening illnesses, residential care facilities for the elderly, child day care centers, and family day care homes.
It is the intent of the Legislature to enact legislation that would clarify the complaint process for residential care facilities for the elderly and revise the appeal procedures for a deficiency issued against a care facility licensed by the State Department of Social Services.
SEC. 2.Section 1548 of the Health and Safety Code, as added by Section 2 of Chapter 813 of the Statutes of 2014, is amended to read:1548.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. Except as otherwise provided in this chapter, a civil penalty assessment shall not exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Section 1534, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)(A)Fire clearance violations, including, but not limited to, overcapacity, ambulatory status, inoperable smoke alarms, and inoperable fire alarm systems. The civil penalty shall not be assessed if the licensee has done either of the following:
(i)Requested the appropriate fire clearance based on ambulatory, nonambulatory, or bedridden status, and the decision is pending.
(ii)Initiated eviction proceedings.
(B)A licensee denied a clearance for bedridden residents may appeal to the fire authority, and, if that appeal is denied, may subsequently appeal to the Office of the State Fire Marshal, and shall not be assessed an immediate civil penalty until the final appeal is decided, or after 60 days has passed from the date of the citation, whichever is earlier.
(2)Absence of supervision, as required by statute or regulation.
(3)Accessible bodies of water when prohibited in this chapter or regulations adopted pursuant to this chapter.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1533, 1534, or 1538.
(6)The presence of an excluded person on the premises.
(d)(1)For a violation that the department determines resulted in the death of a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be fifteen thousand dollars ($15,000).
(2)For a violation that the department determines resulted in the death of a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(3)For a violation that the department determines resulted in the death of a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, or group home, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(C)Fifteen thousand dollars ($15,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(4)For a violation that the department determines resulted in the death of a resident at a runaway and homeless youth shelter, the civil penalty shall be five thousand dollars ($5,000).
(e)(1)(A)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be ten thousand dollars ($10,000).
(B)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(C)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, or group home, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(iii)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(D)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at a runaway and homeless youth shelter, the civil penalty shall be one thousand dollars ($1,000).
(2)For purposes of subparagraphs (C) and (D), physical abuse includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the childs welfare is a licensee, administrator, or employee of any facility licensed to care for children.
(f)Prior to the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the program administrator of the Community Care Licensing Division.
(g)Notwithstanding Section 1534, any facility that is cited for repeating the same violation of this chapter within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any facility that is assessed a civil penalty pursuant to subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) is subject to an immediate civil penalty of one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(i)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(j)(1)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 15 business days of receipt of the notice of a civil penalty assessment and shall provide all available supporting documentation at that time. The review shall be conducted by the deputy director of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the deputy director determines that the civil penalty was not assessed, or the finding of the deficiency that resulted in the assessment of the civil penalty was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the deputy directors decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), a licensee may further appeal that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(3)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(k)(1)A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (j) within 15 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all available supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 15 business days of receipt of notice of the regional managers decision. The licensee may submit additional supporting documentation that was unavailable at the time of appeal to the program administrator within the first 30 business days after requesting that appeal. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for the appeal. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrators decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. The program administrators decision is considered final and concludes the licensees administrative appeal rights regarding the appeal conducted pursuant to this paragraph.
(l)The department shall adopt regulations implementing this section.
(m)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by Section 2 of Chapter 813 of the Statutes of 2014.
(n)As provided in Section 11466.31 of the Welfare and Institutions Code, the department may offset civil penalties owed by a group home against moneys to be paid by a county for the care of minors after the group home has exhausted its appeal of the civil penalty assessment. The department shall provide the group home a reasonable opportunity to pay the civil penalty before instituting the offset provision.
(o)Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made by the act that added this subdivision through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act.
(p)This section shall become operative on July 1, 2015.
SEC. 2.5.Section 1548 of the Health and Safety Code, as added by Section 2 of Chapter 813 of the Statutes of 2014, is amended to read:1548.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. Except as otherwise provided in this chapter, a civil penalty assessment shall not exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Section 1534, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)(A)Fire clearance violations, including, but not limited to, overcapacity, ambulatory status, inoperable smoke alarms, and inoperable fire alarm systems. The civil penalty shall not be assessed if the licensee has done either of the following:
(i)Requested the appropriate fire clearance based on ambulatory, nonambulatory, or bedridden status, and the decision is pending.
(ii)Initiated eviction proceedings.
(B)A licensee denied a clearance for bedridden residents may appeal to the fire authority, and, if that appeal is denied, may subsequently appeal to the Office of the State Fire Marshal, and shall not be assessed an immediate civil penalty until the final appeal is decided, or after 60 days has passed from the date of the citation, whichever is earlier.
(2)Absence of supervision, as required by statute or regulation.
(3)Accessible bodies of water when prohibited in this chapter or regulations adopted pursuant to this chapter.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1533, 1534, or 1538.
(6)The presence of an excluded person on the premises.
(d)(1)For a violation that the department determines resulted in the death of a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be fifteen thousand dollars ($15,000).
(2)For a violation that the department determines resulted in the death of a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(3)For a violation that the department determines resulted in the death of a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, group home, or short-term residential treatment center, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(C)Fifteen thousand dollars ($15,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(4)For a violation that the department determines resulted in the death of a resident at a runaway and homeless youth shelter, the civil penalty shall be five thousand dollars ($5,000).
(e)(1)(A)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be ten thousand dollars ($10,000).
(B)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(C)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, group home, or short-term residential treatment center, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(iii)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(D)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at a runaway and homeless youth shelter, the civil penalty shall be one thousand dollars ($1,000).
(2)For purposes of subparagraphs (C) and (D), physical abuse includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the childs welfare is a licensee, administrator, or employee of any facility licensed to care for children.
(f)Prior to the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the program administrator of the Community Care Licensing Division.
(g)Notwithstanding Section 1534, any facility that is cited for repeating the same violation of this chapter within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any facility that is assessed a civil penalty pursuant to subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) is subject to an immediate civil penalty of one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(i)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(j)(1)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 15 business days of receipt of the notice of a civil penalty assessment and shall provide all available supporting documentation at that time. The review shall be conducted by the deputy director of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the deputy director determines that the civil penalty was not assessed, or the finding of deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the deputy directors decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), a licensee may further appeal that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(3)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(k)(1)A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (j) within 15 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all available supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 15 business days of receipt of notice of the regional managers decision. The licensee may submit additional supporting documentation that was unavailable at the time of appeal to the program administrator within the first 30 business days after requesting that appeal. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for the appeal. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrators decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. The program administrators decision is considered final and concludes the licensees administrative appeal rights regarding the appeal conducted pursuant to this paragraph.
(l)The department shall adopt regulations implementing this section.
(m)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by Section 2 of Chapter 813 of the Statutes of 2014.
(n)As provided in Section 11466.31 of the Welfare and Institutions Code, the department may offset civil penalties owed by a group home or short-term residential treatment center against moneys to be paid by a county for the care of minors after the group home or short-term residential treatment center has exhausted its appeal of the civil penalty assessment. The department shall provide the group home or short-term residential treatment center a reasonable opportunity to pay the civil penalty before instituting the offset provision.
(o)Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made by the act that added this subdivision through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act.
(p)This section shall become operative on July 1, 2015.
SEC. 3.Section 1568.0822 of the Health and Safety Code, as added by Section 4 of Chapter 813 of the Statutes of 2014, is amended to read:1568.0822.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter, except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. Except as otherwise provided in this chapter, a civil penalty assessment shall not exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Section 1568.07, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)(A)Fire clearance violations, including, but not limited to, overcapacity, ambulatory status, inoperable smoke alarms, and inoperable fire alarm systems. The civil penalty shall not be assessed if the licensee has done either of the following:
(i)Requested the appropriate fire clearance based on ambulatory, nonambulatory, or bedridden status, and the decision is pending.
(ii)Initiated eviction proceedings.
(B)A licensee denied a clearance for bedridden residents may appeal to the fire authority, and, if that appeal is denied, may subsequently appeal to the Office of the State Fire Marshal, and shall not be assessed an immediate civil penalty until the final appeal is decided, or after 60 days has passed from the date of the citation, whichever is earlier.
(2)Absence of supervision, as required by statute and regulation.
(3)Accessible bodies of water, when prohibited in this chapter or regulations adopted pursuant to this chapter.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1568.07 or 1568.071.
(6)The presence of an excluded person on the premises.
(d)For a violation that the department determines resulted in the death of a resident, the civil penalty shall be fifteen thousand dollars ($15,000).
(e)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident, the civil penalty shall be ten thousand dollars ($10,000).
(f)Prior to the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the program administrator of the Community Care Licensing Division.
(g)Notwithstanding Section 1568.07, any residential care facility that is cited for repeating the same violation of this chapter within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any residential care facility that is assessed a civil penalty pursuant to subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) shall be assessed an immediate civil penalty of one thousand dollars ($1,000) and one hundred dollars ($100) for each day the violation continues until the deficiency is corrected, provided that the violation is a serious violation.
(i)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(j)(1)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 15 business days of receipt of the notice of a civil penalty assessment and shall provide all available supporting documentation at that time. The review shall be conducted by the deputy director of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the deputy director determines that the civil penalty was not assessed, or the finding of deficiency that resulted in the assessment of the civil penalty was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the deputy directors decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), a licensee may further appeal that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(3)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(k)(1)A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (j) within 15 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all available supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 15 business days of receipt of notice of the regional managers decision. The licensee may submit additional supporting documentation that was unavailable at the time of appeal to the program administrator within the first 30 business days after requesting that appeal. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for the appeal. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrators decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. The program administrators decision is considered final and concludes the licensees administrative appeal rights regarding the appeal conducted pursuant to this paragraph.
(l)The department shall adopt regulations implementing this section.
(m)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by Section 4 of Chapter 813 of the Statutes of 2014.
(n)Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made by the act that added this subdivision through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act.
(o)This section shall become operative on July 1, 2015.
SEC. 4.Section 1569.35 of the Health and Safety Code is amended to read:1569.35.(a)Any person may request an investigation of a residential care facility for the elderly in accordance with this chapter by making a complaint to the department alleging a violation of applicable requirements prescribed by statutes or regulations of this state, including, but not limited to, a denial of access of any person authorized to enter the facility pursuant to Section 9722 of the Welfare and Institutions Code. A complaint may be made either orally or in writing.
(b)The substance of the complaint shall be provided to the licensee no earlier than at the time of the inspection. Unless the complainant specifically requests otherwise, neither the substance of the complaint provided the licensee nor any copy of the complaint or any record published, released, or otherwise made available to the licensee shall disclose the name of any person mentioned in the complaint except the name of any duly authorized officer, employee, or agent of the department conducting the investigation or inspection pursuant to this chapter.
(c)(1)Upon receipt of a complaint, other than a complaint alleging denial of a statutory right of access to a residential care facility for the elderly, the department shall make a preliminary review and, unless the department determines that the complaint is willfully intended to harass a licensee or is without any reasonable basis, it shall make an onsite inspection within 10 days after receiving the complaint except where the visit would adversely affect the licensing investigation or the investigation of other agencies, including, but not limited to, law enforcement agencies. In either event, the complainant shall be promptly informed of the departments proposed course of action.
(2)If a local long-term care ombudsman or the State Long-Term Care Ombudsman files a complaint alleging denial of a statutory right of access to a residential care facility for the elderly under Section 9722 of the Welfare and Institutions Code, the department shall give priority to the complaint pursuant to Section 9721 of the Welfare and Institutions Code and notify the Office of the State Long-Term Care Ombudsman that an investigation has been initiated pursuant to this section.
(3)Prior to conducting an onsite investigation pursuant to this section, the department shall make a good faith effort, documented in writing, to contact and interview the complainant and inform the complainant of the departments proposed course of action and the relevant deadline for the department to complete its investigation. To the extent practicable, the officer, employee, or agent of the department who will conduct the investigation shall be the representative who interviews and makes contact with the complainant.
(d)Within 10 business days of completing the investigation of a complaint under this section, the department shall notify the complainant in writing of the departments determination as a result of the investigation.
SEC. 5.Section 1569.49 of the Health and Safety Code, as added by Section 6 of Chapter 813 of the Statutes of 2014, is amended to read:1569.49.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. Except as otherwise provided in this chapter, a civil penalty assessment shall not exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Section 1569.33, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)(A)Fire clearance violations, including, but not limited to, overcapacity, ambulatory status, inoperable smoke alarms, and inoperable fire alarm systems. The civil penalty shall not be assessed if the licensee has done either of the following:
(i)Requested the appropriate fire clearance based on ambulatory, nonambulatory, or bedridden status, and the decision is pending.
(ii)Initiated eviction proceedings.
(B)A licensee denied a clearance for bedridden residents may appeal to the fire authority, and, if that appeal is denied, may subsequently appeal to the Office of the State Fire Marshal, and shall not be assessed an immediate civil penalty until the final appeal is decided, or after 60 days has passed from the date of the citation, whichever is earlier.
(2)Absence of supervision as required by statute or regulation.
(3)Accessible bodies of water, when prohibited in this chapter or regulations adopted pursuant to this chapter.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1569.32, 1569.33, or 1569.35.
(6)The presence of an excluded person on the premises.
(d)For a violation that the department determines resulted in the death of a resident, the civil penalty shall be fifteen thousand dollars ($15,000).
(e)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 15610.67 of the Welfare and Institutions Code, to a resident, the civil penalty shall be ten thousand dollars ($10,000).
(f)Prior to the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the program administrator of the Community Care Licensing Division.
(g)Notwithstanding Section 1569.33, any residential care facility for the elderly that is cited for repeating the same violation of this chapter within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any residential care facility for the elderly that is assessed a civil penalty pursuant to subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) shall be assessed an immediate civil penalty of one thousand dollars ($1,000) and one hundred dollars ($100) for each day the violation continues until the deficiency is corrected.
(i)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(j)(1)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 15 business days of receipt of the notice of a civil penalty assessment and shall provide all available supporting documentation at that time. The review shall be conducted by the deputy director of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the deputy director determines that the civil penalty was not assessed, or the finding of the deficiency that resulted in the assessment of the civil penalty was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the deputy directors decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), a licensee may further appeal that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(3)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(k)(1)A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (j) within 15 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all available supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 15 business days of receipt of notice of the regional managers decision. The licensee may submit additional supporting documentation that was unavailable at the time of appeal to the program administrator within the first 30 business days after requesting that appeal. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for the appeal. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrators decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. The program administrators decision is considered final and concludes the licensees administrative appeal rights regarding the appeal conducted pursuant to this paragraph.
(l)The department shall adopt regulations implementing this section.
(m)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by Section 6 of Chapter 813 of the Statutes of 2014.
(n)Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made by the act that added this subdivision through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act.
(o)This section shall become operative on July 1, 2015.
SEC. 6.Section 1596.842 of the Health and Safety Code is amended to read:1596.842.Following approval by the department of a list of provider rights, the Community Care Licensing Division shall print and distribute in person, to individuals or to groups, and by other appropriate methods of distribution, a list of provider rights which shall include, but not be limited to, the following:
(a)Site visit rights:
(1)The right to require licensing field staff to identify themselves.
(2)The right to be advised of the type of the visit, whether complaint, plan of correction, prelicensing, or some other type. When a site visit is made to investigate a complaint, the site visit rights described in paragraphs (4) and (9) shall be applicable at the completion of the investigation.
(3)The right to be treated as a professional and with dignity and respect.
(4)The right to receive an accurate report of the evaluators findings listing each observed deficiency. Each deficiency shall be separately numbered, so as to clearly indicate the number of deficiencies, shall be accompanied by a number that corresponds to a section of law or licensing regulation, and shall include a description of the evaluators observation that led to the finding of a deficiency. The description of the evaluators observation shall include a clear explanation of why the existing condition constitutes a deficiency, unless the description of the observation provides the explanation.
(5)The right to review licensing laws, regulations, and policy.
(6)The right to an impartial investigation of all complaints.
(7)The right, at the time of the visit, to determine and develop a plan of correction for deficiencies cited.
(8)The right to use the licensing report (LIC 809) as a means to agree or disagree with cited deficiencies.
(9)The right to an exit interview upon completion of the visit and to receive a signed copy of the LIC 809.
(10)The right to be informed on the LIC 809 of the evaluators supervisor and his or her telephone number.
(11)The right of access to the public file on any facility and the right to purchase a copy at a reasonable cost.
(b)Initial appeal rights:
(1)The right, without prejudice, to appeal any decision, any failure to act according to law or regulation, or any failure to act within any specified timeline, through the licensing agency as specified in Sections 1596.99 and 1597.58.
(2)The right to request a meeting with district office administrators to discuss any licensing issue and with notice to bring any person to the meeting.
(3)The right to due process and the option of bringing a representative to any administrative action.
(c)The right to file a formal complaint, and receive a written response to that complaint within 30 days, for any licensing issue not covered by subdivision (b), including, but not limited to, inappropriate behavior of department employees.
(d)The department shall, by June 30, 1992, mail to all licensees a copy of this section and a full and complete copy of the appeals procedure developed to implement subdivision (b).
(e)The department shall, on all forms it requires or recommends that providers use, all notices of regulations or departmental policy, and all notices to implement this section, clearly label the department as the source of the material, including the name of the department, the name of the division responsible for implementing this chapter, and the address of that division.
SEC. 7.Section 1596.99 of the Health and Safety Code, as added by Section 8 of Chapter 813 of the Statutes of 2014, is amended to read:1596.99.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter or Chapter 3.4 (commencing with Section 1596.70), the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) nor more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. Except as otherwise provided in this chapter, a civil penalty assessment shall not exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Sections 1596.893a, 1596.893b, and 1596.98, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)Fire clearance violations, including, but not limited to, overcapacity, inoperable smoke alarms, and inoperable fire alarm systems.
(2)Absence of supervision, including, but not limited to, a child left unattended, supervision of a child by a person under 18 years of age, and lack of supervision resulting in a child wandering away.
(3)Accessible bodies of water.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1596.852, 1596.853, or 1597.09.
(6)The presence of an excluded person on the premises.
(d)For a violation that the department determines resulted in the death of a child, the civil penalty shall be assessed as follows:
(1)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 30 or less children.
(2)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for 31 to 100, inclusive, children.
(3)Fifteen thousand dollars ($15,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(e)(1)For a violation that the department determines constitutes physical abuse or resulted in serious injury, as defined in Section 1596.8865, to a child, the civil penalty shall be assessed as follows:
(A)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 30 or less children.
(B)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for 31 to 100, inclusive, children.
(C)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(2)For purposes of this subdivision, physical abuse includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the childs welfare is a licensee, administrator, or employee of any facility licensed to care for children, or an administrator or employee of a public or private school or other institution or agency.
(f)Before the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the program administrator of the Community Care Licensing Division.
(g)Notwithstanding Sections 1596.893a, 1596.893b, and 1596.98, any day care center that is cited for repeating the same violation of this chapter or Chapter 3.4 (commencing with Section 1596.70) within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(h)Any day care center that is assessed a civil penalty under subdivision (g) and that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) shall be assessed an immediate civil penalty of one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(i)Notwithstanding any other law, revenues received by the state from the payment of civil penalties imposed on licensed child care centers pursuant to this chapter or Chapter 3.4 (commencing with Section 1596.70), shall be deposited in the Child Health and Safety Fund, created pursuant to Chapter 4.6 (commencing with Section 18285) of Part 6 of Division 9 of the Welfare and Institutions Code, and shall be expended, upon appropriation by the Legislature, pursuant to subdivision (f) of Section 18285 of the Welfare and Institutions Code exclusively for the technical assistance, orientation, training, and education of licensed day care center providers.
(j)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(k)(1)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 15 business days of receipt of the notice of a civil penalty assessment and shall provide all available supporting documentation at that time. The review shall be conducted by the deputy director of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the deputy director determines that the civil penalty was not assessed, or the finding of the deficiency that resulted in the assessment of the civil penalty was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the deputy directors decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), a licensee may further appeal that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(3)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(l)(1)A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (k) within 15 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all available supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 15 business days of receipt of notice of the regional managers decision. The licensee may submit additional supporting documentation that was unavailable at the time of appeal to the program administrator within the first 30 business days after requesting that appeal. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for the appeal. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrators decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. The program administrators decision is considered final and concludes the licensees administrative appeal rights regarding the appeal conducted pursuant to this paragraph.
(m)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by Section 8 of Chapter 813 of the Statutes of 2014.
(n)Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made by the act that added this subdivision through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act.
(o)This section shall become operative on July 1, 2015.
SEC. 8.Section 1597.58 of the Health and Safety Code, as added by Section 10 of Chapter 813 of the Statutes of 2014, is amended to read:1597.58.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) nor more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment or both, as determined by the department. Except as otherwise provided in this chapter, a civil penalty assessment shall not exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Sections 1596.893a, 1596.893b, 1597.56, and 1597.62, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)Any violation that results in the injury, illness, or death of a child.
(2)Absence of supervision, including, but not limited to, a child left unattended, a child left alone with a person under 18 years of age, and lack of supervision resulting in a child wandering away.
(3)Accessible bodies of water.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Sections 1596.852, 1596.853, 1597.55a, and 1597.55b.
(6)The presence of an excluded person on the premises.
(d)For a violation that the department determines resulted in the death of a child, the civil penalty shall be assessed as follows:
(1)Five thousand dollars ($5,000) for a small family day care home, as described in Section 1597.44.
(2)Seven thousand five hundred dollars ($7,500) for a large family day care home, as described in Section 1597.465.
(e)(1)For a violation that the department determines constitutes physical abuse or resulted in serious injury, as defined in Section 1596.8865, to a child, the civil penalty shall be assessed as follows:
(A)One thousand dollars ($1,000) for a small family day care home, as described in Section 1597.44.
(B)Two thousand dollars ($2,000) for a large family day care home, as described in Section 1597.465.
(2)For purposes of this subdivision, physical abuse includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the childs welfare is a licensee, administrator, or employee of any facility licensed to care for children, or an administrator or employee of a public or private school or other institution or agency.
(f)Before the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the program administrator of the Community Care Licensing Division.
(g)Notwithstanding Sections 1596.893a, 1596.893b, 1597.56, and 1597.62, any family day care home that is cited for repeating the same violation of this chapter or Chapter 3.4 (commencing with Section 1596.70), within 12 months of the first violation, is subject to an immediate civil penalty assessment of up to one hundred fifty dollars ($150) and may be assessed up to fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any family day care home that is assessed a civil penalty under subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) shall be assessed an immediate assessment of up to one hundred fifty dollars ($150) and may be assessed up to one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(i)Notwithstanding any other law, revenues received by the state from the payment of civil penalties imposed on licensed family day care homes pursuant to this chapter or Chapter 3.4 (commencing with Section 1596.70), shall be deposited in the Child Health and Safety Fund, created pursuant to Chapter 4.6 (commencing with Section 18285) of Part 6 of Division 9 of the Welfare and Institutions Code, and shall be expended, upon appropriation by the Legislature, pursuant to subdivision (f) of Section 18285 of the Welfare and Institutions Code exclusively for the technical assistance, orientation, training, and education of licensed family day care home providers.
(j)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(k)(1)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 15 business days of receipt of the notice of a civil penalty assessment and shall provide all available supporting documentation at that time. The review shall be conducted by the deputy director of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the deputy director determines that the civil penalty was not assessed, or the finding of the deficiency that resulted in the assessment of the civil penalty was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the deputy directors decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), a licensee may further appeal that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(3)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(l)(1)A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (k) within 15 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all available supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 15 business days of receipt of notice of the regional managers decision. The licensee may submit additional supporting documentation that was unavailable at the time of appeal to the program administrator within the first 30 business days after requesting that appeal. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for the appeal. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrators decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. The program administrators decision is considered final and concludes the licensees administrative appeal rights regarding the appeal conducted pursuant to this paragraph.
(m)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by Section 10 of Chapter 813 of the Statutes of 2014.
(n)Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made by the act that added this subdivision through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act.
(o)This section shall become operative on July 1, 2015.
SEC. 9.Section 2.5 of this bill incorporates amendments to Section 1548 of the Health and Safety Code proposed by both this bill and Assembly Bill 403. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 1548 of the Health and Safety Code, and (3) this bill is enacted after Assembly Bill 403, in which case Section 2 of this bill shall not become operative.
It is the intent of the Legislature to enact legislation that would clarify the complaint process for residential care facilities for the elderly and revise the appeal procedures for a deficiency issued against a care facility licensed by the State Department of Social Services.
SEC. 2.Section 1548 of the Health and Safety Code, as added by Section 2 of Chapter 813 of the Statutes of 2014, is amended to read:1548.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. Except as otherwise provided in this chapter, a civil penalty assessment shall not exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Section 1534, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)(A)Fire clearance violations, including, but not limited to, overcapacity, ambulatory status, inoperable smoke alarms, and inoperable fire alarm systems. The civil penalty shall not be assessed if the licensee has done either of the following:
(i)Requested the appropriate fire clearance based on ambulatory, nonambulatory, or bedridden status, and the decision is pending.
(ii)Initiated eviction proceedings.
(B)A licensee denied a clearance for bedridden residents may appeal to the fire authority, and, if that appeal is denied, may subsequently appeal to the Office of the State Fire Marshal, and shall not be assessed an immediate civil penalty until the final appeal is decided, or after 60 days has passed from the date of the citation, whichever is earlier.
(2)Absence of supervision, as required by statute or regulation.
(3)Accessible bodies of water when prohibited in this chapter or regulations adopted pursuant to this chapter.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1533, 1534, or 1538.
(6)The presence of an excluded person on the premises.
(d)(1)For a violation that the department determines resulted in the death of a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be fifteen thousand dollars ($15,000).
(2)For a violation that the department determines resulted in the death of a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(3)For a violation that the department determines resulted in the death of a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, or group home, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(C)Fifteen thousand dollars ($15,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(4)For a violation that the department determines resulted in the death of a resident at a runaway and homeless youth shelter, the civil penalty shall be five thousand dollars ($5,000).
(e)(1)(A)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be ten thousand dollars ($10,000).
(B)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(C)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, or group home, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(iii)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(D)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at a runaway and homeless youth shelter, the civil penalty shall be one thousand dollars ($1,000).
(2)For purposes of subparagraphs (C) and (D), physical abuse includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the childs welfare is a licensee, administrator, or employee of any facility licensed to care for children.
(f)Prior to the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the program administrator of the Community Care Licensing Division.
(g)Notwithstanding Section 1534, any facility that is cited for repeating the same violation of this chapter within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any facility that is assessed a civil penalty pursuant to subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) is subject to an immediate civil penalty of one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(i)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(j)(1)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 15 business days of receipt of the notice of a civil penalty assessment and shall provide all available supporting documentation at that time. The review shall be conducted by the deputy director of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the deputy director determines that the civil penalty was not assessed, or the finding of the deficiency that resulted in the assessment of the civil penalty was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the deputy directors decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), a licensee may further appeal that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(3)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(k)(1)A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (j) within 15 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all available supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 15 business days of receipt of notice of the regional managers decision. The licensee may submit additional supporting documentation that was unavailable at the time of appeal to the program administrator within the first 30 business days after requesting that appeal. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for the appeal. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrators decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. The program administrators decision is considered final and concludes the licensees administrative appeal rights regarding the appeal conducted pursuant to this paragraph.
(l)The department shall adopt regulations implementing this section.
(m)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by Section 2 of Chapter 813 of the Statutes of 2014.
(n)As provided in Section 11466.31 of the Welfare and Institutions Code, the department may offset civil penalties owed by a group home against moneys to be paid by a county for the care of minors after the group home has exhausted its appeal of the civil penalty assessment. The department shall provide the group home a reasonable opportunity to pay the civil penalty before instituting the offset provision.
(o)Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made by the act that added this subdivision through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act.
(p)This section shall become operative on July 1, 2015.
SEC. 2.5.Section 1548 of the Health and Safety Code, as added by Section 2 of Chapter 813 of the Statutes of 2014, is amended to read:1548.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. Except as otherwise provided in this chapter, a civil penalty assessment shall not exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Section 1534, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)(A)Fire clearance violations, including, but not limited to, overcapacity, ambulatory status, inoperable smoke alarms, and inoperable fire alarm systems. The civil penalty shall not be assessed if the licensee has done either of the following:
(i)Requested the appropriate fire clearance based on ambulatory, nonambulatory, or bedridden status, and the decision is pending.
(ii)Initiated eviction proceedings.
(B)A licensee denied a clearance for bedridden residents may appeal to the fire authority, and, if that appeal is denied, may subsequently appeal to the Office of the State Fire Marshal, and shall not be assessed an immediate civil penalty until the final appeal is decided, or after 60 days has passed from the date of the citation, whichever is earlier.
(2)Absence of supervision, as required by statute or regulation.
(3)Accessible bodies of water when prohibited in this chapter or regulations adopted pursuant to this chapter.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1533, 1534, or 1538.
(6)The presence of an excluded person on the premises.
(d)(1)For a violation that the department determines resulted in the death of a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be fifteen thousand dollars ($15,000).
(2)For a violation that the department determines resulted in the death of a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(3)For a violation that the department determines resulted in the death of a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, group home, or short-term residential treatment center, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(C)Fifteen thousand dollars ($15,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(4)For a violation that the department determines resulted in the death of a resident at a runaway and homeless youth shelter, the civil penalty shall be five thousand dollars ($5,000).
(e)(1)(A)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be ten thousand dollars ($10,000).
(B)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(C)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, group home, or short-term residential treatment center, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(iii)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(D)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at a runaway and homeless youth shelter, the civil penalty shall be one thousand dollars ($1,000).
(2)For purposes of subparagraphs (C) and (D), physical abuse includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the childs welfare is a licensee, administrator, or employee of any facility licensed to care for children.
(f)Prior to the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the program administrator of the Community Care Licensing Division.
(g)Notwithstanding Section 1534, any facility that is cited for repeating the same violation of this chapter within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any facility that is assessed a civil penalty pursuant to subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) is subject to an immediate civil penalty of one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(i)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(j)(1)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 15 business days of receipt of the notice of a civil penalty assessment and shall provide all available supporting documentation at that time. The review shall be conducted by the deputy director of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the deputy director determines that the civil penalty was not assessed, or the finding of deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the deputy directors decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), a licensee may further appeal that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(3)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(k)(1)A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (j) within 15 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all available supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 15 business days of receipt of notice of the regional managers decision. The licensee may submit additional supporting documentation that was unavailable at the time of appeal to the program administrator within the first 30 business days after requesting that appeal. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for the appeal. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrators decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. The program administrators decision is considered final and concludes the licensees administrative appeal rights regarding the appeal conducted pursuant to this paragraph.
(l)The department shall adopt regulations implementing this section.
(m)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by Section 2 of Chapter 813 of the Statutes of 2014.
(n)As provided in Section 11466.31 of the Welfare and Institutions Code, the department may offset civil penalties owed by a group home or short-term residential treatment center against moneys to be paid by a county for the care of minors after the group home or short-term residential treatment center has exhausted its appeal of the civil penalty assessment. The department shall provide the group home or short-term residential treatment center a reasonable opportunity to pay the civil penalty before instituting the offset provision.
(o)Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made by the act that added this subdivision through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act.
(p)This section shall become operative on July 1, 2015.
SEC. 3.Section 1568.0822 of the Health and Safety Code, as added by Section 4 of Chapter 813 of the Statutes of 2014, is amended to read:1568.0822.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter, except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. Except as otherwise provided in this chapter, a civil penalty assessment shall not exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Section 1568.07, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)(A)Fire clearance violations, including, but not limited to, overcapacity, ambulatory status, inoperable smoke alarms, and inoperable fire alarm systems. The civil penalty shall not be assessed if the licensee has done either of the following:
(i)Requested the appropriate fire clearance based on ambulatory, nonambulatory, or bedridden status, and the decision is pending.
(ii)Initiated eviction proceedings.
(B)A licensee denied a clearance for bedridden residents may appeal to the fire authority, and, if that appeal is denied, may subsequently appeal to the Office of the State Fire Marshal, and shall not be assessed an immediate civil penalty until the final appeal is decided, or after 60 days has passed from the date of the citation, whichever is earlier.
(2)Absence of supervision, as required by statute and regulation.
(3)Accessible bodies of water, when prohibited in this chapter or regulations adopted pursuant to this chapter.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1568.07 or 1568.071.
(6)The presence of an excluded person on the premises.
(d)For a violation that the department determines resulted in the death of a resident, the civil penalty shall be fifteen thousand dollars ($15,000).
(e)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident, the civil penalty shall be ten thousand dollars ($10,000).
(f)Prior to the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the program administrator of the Community Care Licensing Division.
(g)Notwithstanding Section 1568.07, any residential care facility that is cited for repeating the same violation of this chapter within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any residential care facility that is assessed a civil penalty pursuant to subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) shall be assessed an immediate civil penalty of one thousand dollars ($1,000) and one hundred dollars ($100) for each day the violation continues until the deficiency is corrected, provided that the violation is a serious violation.
(i)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(j)(1)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 15 business days of receipt of the notice of a civil penalty assessment and shall provide all available supporting documentation at that time. The review shall be conducted by the deputy director of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the deputy director determines that the civil penalty was not assessed, or the finding of deficiency that resulted in the assessment of the civil penalty was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the deputy directors decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), a licensee may further appeal that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(3)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(k)(1)A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (j) within 15 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all available supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 15 business days of receipt of notice of the regional managers decision. The licensee may submit additional supporting documentation that was unavailable at the time of appeal to the program administrator within the first 30 business days after requesting that appeal. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for the appeal. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrators decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. The program administrators decision is considered final and concludes the licensees administrative appeal rights regarding the appeal conducted pursuant to this paragraph.
(l)The department shall adopt regulations implementing this section.
(m)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by Section 4 of Chapter 813 of the Statutes of 2014.
(n)Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made by the act that added this subdivision through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act.
(o)This section shall become operative on July 1, 2015.
SEC. 4.Section 1569.35 of the Health and Safety Code is amended to read:1569.35.(a)Any person may request an investigation of a residential care facility for the elderly in accordance with this chapter by making a complaint to the department alleging a violation of applicable requirements prescribed by statutes or regulations of this state, including, but not limited to, a denial of access of any person authorized to enter the facility pursuant to Section 9722 of the Welfare and Institutions Code. A complaint may be made either orally or in writing.
(b)The substance of the complaint shall be provided to the licensee no earlier than at the time of the inspection. Unless the complainant specifically requests otherwise, neither the substance of the complaint provided the licensee nor any copy of the complaint or any record published, released, or otherwise made available to the licensee shall disclose the name of any person mentioned in the complaint except the name of any duly authorized officer, employee, or agent of the department conducting the investigation or inspection pursuant to this chapter.
(c)(1)Upon receipt of a complaint, other than a complaint alleging denial of a statutory right of access to a residential care facility for the elderly, the department shall make a preliminary review and, unless the department determines that the complaint is willfully intended to harass a licensee or is without any reasonable basis, it shall make an onsite inspection within 10 days after receiving the complaint except where the visit would adversely affect the licensing investigation or the investigation of other agencies, including, but not limited to, law enforcement agencies. In either event, the complainant shall be promptly informed of the departments proposed course of action.
(2)If a local long-term care ombudsman or the State Long-Term Care Ombudsman files a complaint alleging denial of a statutory right of access to a residential care facility for the elderly under Section 9722 of the Welfare and Institutions Code, the department shall give priority to the complaint pursuant to Section 9721 of the Welfare and Institutions Code and notify the Office of the State Long-Term Care Ombudsman that an investigation has been initiated pursuant to this section.
(3)Prior to conducting an onsite investigation pursuant to this section, the department shall make a good faith effort, documented in writing, to contact and interview the complainant and inform the complainant of the departments proposed course of action and the relevant deadline for the department to complete its investigation. To the extent practicable, the officer, employee, or agent of the department who will conduct the investigation shall be the representative who interviews and makes contact with the complainant.
(d)Within 10 business days of completing the investigation of a complaint under this section, the department shall notify the complainant in writing of the departments determination as a result of the investigation.
SEC. 5.Section 1569.49 of the Health and Safety Code, as added by Section 6 of Chapter 813 of the Statutes of 2014, is amended to read:1569.49.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. Except as otherwise provided in this chapter, a civil penalty assessment shall not exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Section 1569.33, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)(A)Fire clearance violations, including, but not limited to, overcapacity, ambulatory status, inoperable smoke alarms, and inoperable fire alarm systems. The civil penalty shall not be assessed if the licensee has done either of the following:
(i)Requested the appropriate fire clearance based on ambulatory, nonambulatory, or bedridden status, and the decision is pending.
(ii)Initiated eviction proceedings.
(B)A licensee denied a clearance for bedridden residents may appeal to the fire authority, and, if that appeal is denied, may subsequently appeal to the Office of the State Fire Marshal, and shall not be assessed an immediate civil penalty until the final appeal is decided, or after 60 days has passed from the date of the citation, whichever is earlier.
(2)Absence of supervision as required by statute or regulation.
(3)Accessible bodies of water, when prohibited in this chapter or regulations adopted pursuant to this chapter.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1569.32, 1569.33, or 1569.35.
(6)The presence of an excluded person on the premises.
(d)For a violation that the department determines resulted in the death of a resident, the civil penalty shall be fifteen thousand dollars ($15,000).
(e)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 15610.67 of the Welfare and Institutions Code, to a resident, the civil penalty shall be ten thousand dollars ($10,000).
(f)Prior to the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the program administrator of the Community Care Licensing Division.
(g)Notwithstanding Section 1569.33, any residential care facility for the elderly that is cited for repeating the same violation of this chapter within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any residential care facility for the elderly that is assessed a civil penalty pursuant to subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) shall be assessed an immediate civil penalty of one thousand dollars ($1,000) and one hundred dollars ($100) for each day the violation continues until the deficiency is corrected.
(i)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(j)(1)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 15 business days of receipt of the notice of a civil penalty assessment and shall provide all available supporting documentation at that time. The review shall be conducted by the deputy director of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the deputy director determines that the civil penalty was not assessed, or the finding of the deficiency that resulted in the assessment of the civil penalty was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the deputy directors decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), a licensee may further appeal that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(3)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(k)(1)A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (j) within 15 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all available supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 15 business days of receipt of notice of the regional managers decision. The licensee may submit additional supporting documentation that was unavailable at the time of appeal to the program administrator within the first 30 business days after requesting that appeal. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for the appeal. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrators decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. The program administrators decision is considered final and concludes the licensees administrative appeal rights regarding the appeal conducted pursuant to this paragraph.
(l)The department shall adopt regulations implementing this section.
(m)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by Section 6 of Chapter 813 of the Statutes of 2014.
(n)Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made by the act that added this subdivision through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act.
(o)This section shall become operative on July 1, 2015.
SEC. 6.Section 1596.842 of the Health and Safety Code is amended to read:1596.842.Following approval by the department of a list of provider rights, the Community Care Licensing Division shall print and distribute in person, to individuals or to groups, and by other appropriate methods of distribution, a list of provider rights which shall include, but not be limited to, the following:
(a)Site visit rights:
(1)The right to require licensing field staff to identify themselves.
(2)The right to be advised of the type of the visit, whether complaint, plan of correction, prelicensing, or some other type. When a site visit is made to investigate a complaint, the site visit rights described in paragraphs (4) and (9) shall be applicable at the completion of the investigation.
(3)The right to be treated as a professional and with dignity and respect.
(4)The right to receive an accurate report of the evaluators findings listing each observed deficiency. Each deficiency shall be separately numbered, so as to clearly indicate the number of deficiencies, shall be accompanied by a number that corresponds to a section of law or licensing regulation, and shall include a description of the evaluators observation that led to the finding of a deficiency. The description of the evaluators observation shall include a clear explanation of why the existing condition constitutes a deficiency, unless the description of the observation provides the explanation.
(5)The right to review licensing laws, regulations, and policy.
(6)The right to an impartial investigation of all complaints.
(7)The right, at the time of the visit, to determine and develop a plan of correction for deficiencies cited.
(8)The right to use the licensing report (LIC 809) as a means to agree or disagree with cited deficiencies.
(9)The right to an exit interview upon completion of the visit and to receive a signed copy of the LIC 809.
(10)The right to be informed on the LIC 809 of the evaluators supervisor and his or her telephone number.
(11)The right of access to the public file on any facility and the right to purchase a copy at a reasonable cost.
(b)Initial appeal rights:
(1)The right, without prejudice, to appeal any decision, any failure to act according to law or regulation, or any failure to act within any specified timeline, through the licensing agency as specified in Sections 1596.99 and 1597.58.
(2)The right to request a meeting with district office administrators to discuss any licensing issue and with notice to bring any person to the meeting.
(3)The right to due process and the option of bringing a representative to any administrative action.
(c)The right to file a formal complaint, and receive a written response to that complaint within 30 days, for any licensing issue not covered by subdivision (b), including, but not limited to, inappropriate behavior of department employees.
(d)The department shall, by June 30, 1992, mail to all licensees a copy of this section and a full and complete copy of the appeals procedure developed to implement subdivision (b).
(e)The department shall, on all forms it requires or recommends that providers use, all notices of regulations or departmental policy, and all notices to implement this section, clearly label the department as the source of the material, including the name of the department, the name of the division responsible for implementing this chapter, and the address of that division.
SEC. 7.Section 1596.99 of the Health and Safety Code, as added by Section 8 of Chapter 813 of the Statutes of 2014, is amended to read:1596.99.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter or Chapter 3.4 (commencing with Section 1596.70), the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) nor more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. Except as otherwise provided in this chapter, a civil penalty assessment shall not exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Sections 1596.893a, 1596.893b, and 1596.98, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)Fire clearance violations, including, but not limited to, overcapacity, inoperable smoke alarms, and inoperable fire alarm systems.
(2)Absence of supervision, including, but not limited to, a child left unattended, supervision of a child by a person under 18 years of age, and lack of supervision resulting in a child wandering away.
(3)Accessible bodies of water.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1596.852, 1596.853, or 1597.09.
(6)The presence of an excluded person on the premises.
(d)For a violation that the department determines resulted in the death of a child, the civil penalty shall be assessed as follows:
(1)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 30 or less children.
(2)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for 31 to 100, inclusive, children.
(3)Fifteen thousand dollars ($15,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(e)(1)For a violation that the department determines constitutes physical abuse or resulted in serious injury, as defined in Section 1596.8865, to a child, the civil penalty shall be assessed as follows:
(A)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 30 or less children.
(B)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for 31 to 100, inclusive, children.
(C)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(2)For purposes of this subdivision, physical abuse includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the childs welfare is a licensee, administrator, or employee of any facility licensed to care for children, or an administrator or employee of a public or private school or other institution or agency.
(f)Before the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the program administrator of the Community Care Licensing Division.
(g)Notwithstanding Sections 1596.893a, 1596.893b, and 1596.98, any day care center that is cited for repeating the same violation of this chapter or Chapter 3.4 (commencing with Section 1596.70) within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(h)Any day care center that is assessed a civil penalty under subdivision (g) and that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) shall be assessed an immediate civil penalty of one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(i)Notwithstanding any other law, revenues received by the state from the payment of civil penalties imposed on licensed child care centers pursuant to this chapter or Chapter 3.4 (commencing with Section 1596.70), shall be deposited in the Child Health and Safety Fund, created pursuant to Chapter 4.6 (commencing with Section 18285) of Part 6 of Division 9 of the Welfare and Institutions Code, and shall be expended, upon appropriation by the Legislature, pursuant to subdivision (f) of Section 18285 of the Welfare and Institutions Code exclusively for the technical assistance, orientation, training, and education of licensed day care center providers.
(j)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(k)(1)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 15 business days of receipt of the notice of a civil penalty assessment and shall provide all available supporting documentation at that time. The review shall be conducted by the deputy director of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the deputy director determines that the civil penalty was not assessed, or the finding of the deficiency that resulted in the assessment of the civil penalty was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the deputy directors decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), a licensee may further appeal that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(3)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(l)(1)A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (k) within 15 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all available supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 15 business days of receipt of notice of the regional managers decision. The licensee may submit additional supporting documentation that was unavailable at the time of appeal to the program administrator within the first 30 business days after requesting that appeal. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for the appeal. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrators decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. The program administrators decision is considered final and concludes the licensees administrative appeal rights regarding the appeal conducted pursuant to this paragraph.
(m)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by Section 8 of Chapter 813 of the Statutes of 2014.
(n)Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made by the act that added this subdivision through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act.
(o)This section shall become operative on July 1, 2015.
SEC. 8.Section 1597.58 of the Health and Safety Code, as added by Section 10 of Chapter 813 of the Statutes of 2014, is amended to read:1597.58.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) nor more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment or both, as determined by the department. Except as otherwise provided in this chapter, a civil penalty assessment shall not exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Sections 1596.893a, 1596.893b, 1597.56, and 1597.62, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)Any violation that results in the injury, illness, or death of a child.
(2)Absence of supervision, including, but not limited to, a child left unattended, a child left alone with a person under 18 years of age, and lack of supervision resulting in a child wandering away.
(3)Accessible bodies of water.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Sections 1596.852, 1596.853, 1597.55a, and 1597.55b.
(6)The presence of an excluded person on the premises.
(d)For a violation that the department determines resulted in the death of a child, the civil penalty shall be assessed as follows:
(1)Five thousand dollars ($5,000) for a small family day care home, as described in Section 1597.44.
(2)Seven thousand five hundred dollars ($7,500) for a large family day care home, as described in Section 1597.465.
(e)(1)For a violation that the department determines constitutes physical abuse or resulted in serious injury, as defined in Section 1596.8865, to a child, the civil penalty shall be assessed as follows:
(A)One thousand dollars ($1,000) for a small family day care home, as described in Section 1597.44.
(B)Two thousand dollars ($2,000) for a large family day care home, as described in Section 1597.465.
(2)For purposes of this subdivision, physical abuse includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the childs welfare is a licensee, administrator, or employee of any facility licensed to care for children, or an administrator or employee of a public or private school or other institution or agency.
(f)Before the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the program administrator of the Community Care Licensing Division.
(g)Notwithstanding Sections 1596.893a, 1596.893b, 1597.56, and 1597.62, any family day care home that is cited for repeating the same violation of this chapter or Chapter 3.4 (commencing with Section 1596.70), within 12 months of the first violation, is subject to an immediate civil penalty assessment of up to one hundred fifty dollars ($150) and may be assessed up to fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any family day care home that is assessed a civil penalty under subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) shall be assessed an immediate assessment of up to one hundred fifty dollars ($150) and may be assessed up to one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(i)Notwithstanding any other law, revenues received by the state from the payment of civil penalties imposed on licensed family day care homes pursuant to this chapter or Chapter 3.4 (commencing with Section 1596.70), shall be deposited in the Child Health and Safety Fund, created pursuant to Chapter 4.6 (commencing with Section 18285) of Part 6 of Division 9 of the Welfare and Institutions Code, and shall be expended, upon appropriation by the Legislature, pursuant to subdivision (f) of Section 18285 of the Welfare and Institutions Code exclusively for the technical assistance, orientation, training, and education of licensed family day care home providers.
(j)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(k)(1)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 15 business days of receipt of the notice of a civil penalty assessment and shall provide all available supporting documentation at that time. The review shall be conducted by the deputy director of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the deputy director determines that the civil penalty was not assessed, or the finding of the deficiency that resulted in the assessment of the civil penalty was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the deputy directors decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), a licensee may further appeal that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(3)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(l)(1)A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (k) within 15 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all available supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 15 business days of receipt of notice of the regional managers decision. The licensee may submit additional supporting documentation that was unavailable at the time of appeal to the program administrator within the first 30 business days after requesting that appeal. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for the appeal. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrators decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. The program administrators decision is considered final and concludes the licensees administrative appeal rights regarding the appeal conducted pursuant to this paragraph.
(m)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by Section 10 of Chapter 813 of the Statutes of 2014.
(n)Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made by the act that added this subdivision through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act.
(o)This section shall become operative on July 1, 2015.
SEC. 9.Section 2.5 of this bill incorporates amendments to Section 1548 of the Health and Safety Code proposed by both this bill and Assembly Bill 403. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 1548 of the Health and Safety Code, and (3) this bill is enacted after Assembly Bill 403, in which case Section 2 of this bill shall not become operative.
It is the intent of the Legislature to enact legislation that would clarify the complaint process for residential care facilities for the elderly and revise the appeal procedures for a deficiency issued against a care facility licensed by the State Department of Social Services.
SEC. 2.Section 1548 of the Health and Safety Code, as added by Section 2 of Chapter 813 of the Statutes of 2014, is amended to read:1548.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. Except as otherwise provided in this chapter, a civil penalty assessment shall not exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Section 1534, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)(A)Fire clearance violations, including, but not limited to, overcapacity, ambulatory status, inoperable smoke alarms, and inoperable fire alarm systems. The civil penalty shall not be assessed if the licensee has done either of the following:
(i)Requested the appropriate fire clearance based on ambulatory, nonambulatory, or bedridden status, and the decision is pending.
(ii)Initiated eviction proceedings.
(B)A licensee denied a clearance for bedridden residents may appeal to the fire authority, and, if that appeal is denied, may subsequently appeal to the Office of the State Fire Marshal, and shall not be assessed an immediate civil penalty until the final appeal is decided, or after 60 days has passed from the date of the citation, whichever is earlier.
(2)Absence of supervision, as required by statute or regulation.
(3)Accessible bodies of water when prohibited in this chapter or regulations adopted pursuant to this chapter.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1533, 1534, or 1538.
(6)The presence of an excluded person on the premises.
(d)(1)For a violation that the department determines resulted in the death of a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be fifteen thousand dollars ($15,000).
(2)For a violation that the department determines resulted in the death of a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(3)For a violation that the department determines resulted in the death of a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, or group home, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(C)Fifteen thousand dollars ($15,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(4)For a violation that the department determines resulted in the death of a resident at a runaway and homeless youth shelter, the civil penalty shall be five thousand dollars ($5,000).
(e)(1)(A)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be ten thousand dollars ($10,000).
(B)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(C)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, or group home, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(iii)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(D)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at a runaway and homeless youth shelter, the civil penalty shall be one thousand dollars ($1,000).
(2)For purposes of subparagraphs (C) and (D), physical abuse includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the childs welfare is a licensee, administrator, or employee of any facility licensed to care for children.
(f)Prior to the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the program administrator of the Community Care Licensing Division.
(g)Notwithstanding Section 1534, any facility that is cited for repeating the same violation of this chapter within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any facility that is assessed a civil penalty pursuant to subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) is subject to an immediate civil penalty of one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(i)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(j)(1)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 15 business days of receipt of the notice of a civil penalty assessment and shall provide all available supporting documentation at that time. The review shall be conducted by the deputy director of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the deputy director determines that the civil penalty was not assessed, or the finding of the deficiency that resulted in the assessment of the civil penalty was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the deputy directors decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), a licensee may further appeal that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(3)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(k)(1)A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (j) within 15 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all available supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 15 business days of receipt of notice of the regional managers decision. The licensee may submit additional supporting documentation that was unavailable at the time of appeal to the program administrator within the first 30 business days after requesting that appeal. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for the appeal. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrators decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. The program administrators decision is considered final and concludes the licensees administrative appeal rights regarding the appeal conducted pursuant to this paragraph.
(l)The department shall adopt regulations implementing this section.
(m)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by Section 2 of Chapter 813 of the Statutes of 2014.
(n)As provided in Section 11466.31 of the Welfare and Institutions Code, the department may offset civil penalties owed by a group home against moneys to be paid by a county for the care of minors after the group home has exhausted its appeal of the civil penalty assessment. The department shall provide the group home a reasonable opportunity to pay the civil penalty before instituting the offset provision.
(o)Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made by the act that added this subdivision through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act.
(p)This section shall become operative on July 1, 2015.
SEC. 2.5.Section 1548 of the Health and Safety Code, as added by Section 2 of Chapter 813 of the Statutes of 2014, is amended to read:1548.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. In no event, shall Except as otherwise provided in this chapter, a civil penalty assessment shall not exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Section 1534, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)(A)Fire clearance violations, including, but not limited to, overcapacity, ambulatory status, inoperable smoke alarms, and inoperable fire alarm systems. The civil penalty shall not be assessed if the licensee has done either of the following:
(i)Requested the appropriate fire clearance based on ambulatory, nonambulatory, or bedridden status, and the decision is pending.
(ii)Initiated eviction proceedings.
(B)A licensee denied a clearance for bedridden residents may appeal to the fire authority, and, if that appeal is denied, may subsequently appeal to the Office of the State Fire Marshal, and shall not be assessed an immediate civil penalty until the final appeal is decided, or after 60 days has passed from the date of the citation, whichever is earlier.
(2)Absence of supervision, as required by statute or regulation.
(3)Accessible bodies of water when prohibited in this chapter or regulations adopted pursuant to this chapter.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1533, 1534, or 1538.
(6)The presence of an excluded person on the premises.
(d)(1)For a violation that the department determines resulted in the death of a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be fifteen thousand dollars ($15,000).
(2)For a violation that the department determines resulted in the death of a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(3)For a violation that the department determines resulted in the death of a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, or group home, or short-term residential treatment center, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(C)Fifteen thousand dollars ($15,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(4)For a violation that the department determines resulted in the death of a resident at a runaway and homeless youth shelter, the civil penalty shall be five thousand dollars ($5,000).
(e)(1)(A)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be ten thousand dollars ($10,000).
(B)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(C)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, or group home, or short-term residential treatment center, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(iii)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(D)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at a runaway and homeless youth shelter, the civil penalty shall be one thousand dollars ($1,000).
(2)For purposes of subparagraphs (C) and (D), physical abuse includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the childs welfare is a licensee, administrator, or employee of any facility licensed to care for children.
(f)Prior to the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the director. program administrator of the Community Care Licensing Division.
(g)Notwithstanding Section 1534, any facility that is cited for repeating the same violation of this chapter within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any facility that is assessed a civil penalty pursuant to subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) is subject to an immediate civil penalty of one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(i)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(2)
(j)(1)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 10 15 business days of receipt of the notice of a civil penalty assessment and shall provide all available supporting documentation at that time. The review shall be conducted by a regional manager the deputy director of the Community Care Licensing Division. If the regional manager The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the deputy director determines that the civil penalty was not assessed assessed, or the finding of deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers deputy directors decision within 60 business days of the request to review the assessment of the civil penalty. date when all necessary information has been provided to the department by the licensee.
(3)The licensee may further appeal to the program administrator of the Community Care Licensing Division within 10 days of receipt of the notice of the regional managers decision and shall provide all supporting documentation at that time. If the program administrator determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the program administrators decision within 60 days of the request to review the regional managers decision.
(4)The licensee may further appeal to the deputy director of the Community Care Licensing Division within 10 days of receipt of the notice of the program directors decision and shall provide all supporting documentation at that time. If the deputy director determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the deputy directors decision within 60 days of the request to review the program administrators decision.
(5)
(2)Upon exhausting the deputy director review, review described in paragraph (1), a licensee may further appeal a civil penalty assessed pursuant to subdivision (d) or (e) that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(6)
(3)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(k)(1)A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (j) within 15 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all available supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 15 business days of receipt of notice of the regional managers decision. The licensee may submit additional supporting documentation that was unavailable at the time of appeal to the program administrator within the first 30 business days after requesting that appeal. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for the appeal. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrators decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. The program administrators decision is considered final and concludes the licensees administrative appeal rights regarding the appeal conducted pursuant to this paragraph.
(j)
(l)The department shall adopt regulations implementing this section.
(k)
(m)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by the act that added this subdivision. Section 2 of Chapter 813 of the Statutes of 2014.
(l)
(n)As provided in Section 11466.31 of the Welfare and Institutions Code, the department may offset civil penalties owed by a group home or short-term residential treatment center against moneys to be paid by a county for the care of minors after the group home or short-term residential treatment center has exhausted its appeal of the civil penalty assessment. The department shall provide the group home or short-term residential treatment center a reasonable opportunity to pay the civil penalty before instituting the offset provision.
(o)Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made by the act that added this subdivision through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act.
(m)
(p)This section shall become operative on July 1, 2015.
SEC. 3.Section 1568.0822 of the Health and Safety Code, as added by Section 4 of Chapter 813 of the Statutes of 2014, is amended to read:1568.0822.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter, except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. Except as otherwise provided in this chapter, a civil penalty assessment shall not exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Section 1568.07, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)(A)Fire clearance violations, including, but not limited to, overcapacity, ambulatory status, inoperable smoke alarms, and inoperable fire alarm systems. The civil penalty shall not be assessed if the licensee has done either of the following:
(i)Requested the appropriate fire clearance based on ambulatory, nonambulatory, or bedridden status, and the decision is pending.
(ii)Initiated eviction proceedings.
(B)A licensee denied a clearance for bedridden residents may appeal to the fire authority, and, if that appeal is denied, may subsequently appeal to the Office of the State Fire Marshal, and shall not be assessed an immediate civil penalty until the final appeal is decided, or after 60 days has passed from the date of the citation, whichever is earlier.
(2)Absence of supervision, as required by statute and regulation.
(3)Accessible bodies of water, when prohibited in this chapter or regulations adopted pursuant to this chapter.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1568.07 or 1568.071.
(6)The presence of an excluded person on the premises.
(d)For a violation that the department determines resulted in the death of a resident, the civil penalty shall be fifteen thousand dollars ($15,000).
(e)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident, the civil penalty shall be ten thousand dollars ($10,000).
(f)Prior to the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the program administrator of the Community Care Licensing Division.
(g)Notwithstanding Section 1568.07, any residential care facility that is cited for repeating the same violation of this chapter within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any residential care facility that is assessed a civil penalty pursuant to subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) shall be assessed an immediate civil penalty of one thousand dollars ($1,000) and one hundred dollars ($100) for each day the violation continues until the deficiency is corrected, provided that the violation is a serious violation.
(i)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(j)(1)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 15 business days of receipt of the notice of a civil penalty assessment and shall provide all available supporting documentation at that time. The review shall be conducted by the deputy director of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the deputy director determines that the civil penalty was not assessed, or the finding of deficiency that resulted in the assessment of the civil penalty was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the deputy directors decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), a licensee may further appeal that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(3)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(k)(1)A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (j) within 15 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all available supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 15 business days of receipt of notice of the regional managers decision. The licensee may submit additional supporting documentation that was unavailable at the time of appeal to the program administrator within the first 30 business days after requesting that appeal. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for the appeal. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrators decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. The program administrators decision is considered final and concludes the licensees administrative appeal rights regarding the appeal conducted pursuant to this paragraph.
(l)The department shall adopt regulations implementing this section.
(m)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by Section 4 of Chapter 813 of the Statutes of 2014.
(n)Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made by the act that added this subdivision through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act.
(o)This section shall become operative on July 1, 2015.
SEC. 4.Section 1569.35 of the Health and Safety Code is amended to read:1569.35.(a)Any person may request an investigation of a residential care facility for the elderly in accordance with this chapter by making a complaint to the department alleging a violation of applicable requirements prescribed by statutes or regulations of this state, including, but not limited to, a denial of access of any person authorized to enter the facility pursuant to Section 9722 of the Welfare and Institutions Code. A complaint may be made either orally or in writing.
(b)The substance of the complaint shall be provided to the licensee no earlier than at the time of the inspection. Unless the complainant specifically requests otherwise, neither the substance of the complaint provided the licensee nor any copy of the complaint or any record published, released, or otherwise made available to the licensee shall disclose the name of any person mentioned in the complaint except the name of any duly authorized officer, employee, or agent of the department conducting the investigation or inspection pursuant to this chapter.
(c)(1)Upon receipt of a complaint, other than a complaint alleging denial of a statutory right of access to a residential care facility for the elderly, the department shall make a preliminary review and, unless the department determines that the complaint is willfully intended to harass a licensee or is without any reasonable basis, it shall make an onsite inspection within 10 days after receiving the complaint except where the visit would adversely affect the licensing investigation or the investigation of other agencies, including, but not limited to, law enforcement agencies. In either event, the complainant shall be promptly informed of the departments proposed course of action.
(2)If a local long-term care ombudsman or the State Long-Term Care Ombudsman files a complaint alleging denial of a statutory right of access to a residential care facility for the elderly under Section 9722 of the Welfare and Institutions Code, the department shall give priority to the complaint pursuant to Section 9721 of the Welfare and Institutions Code and notify the Office of the State Long-Term Care Ombudsman that an investigation has been initiated pursuant to this section.
(3)Prior to conducting an onsite investigation pursuant to this section, the department shall make a good faith effort, documented in writing, to contact and interview the complainant and inform the complainant of the departments proposed course of action and the relevant deadline for the department to complete its investigation. To the extent practicable, the officer, employee, or agent of the department who will conduct the investigation shall be the representative who interviews and makes contact with the complainant.
(d)Within 10 business days of completing the investigation of a complaint under this section, the department shall notify the complainant in writing of the departments determination as a result of the investigation.
SEC. 5.Section 1569.49 of the Health and Safety Code, as added by Section 6 of Chapter 813 of the Statutes of 2014, is amended to read:1569.49.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. Except as otherwise provided in this chapter, a civil penalty assessment shall not exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Section 1569.33, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)(A)Fire clearance violations, including, but not limited to, overcapacity, ambulatory status, inoperable smoke alarms, and inoperable fire alarm systems. The civil penalty shall not be assessed if the licensee has done either of the following:
(i)Requested the appropriate fire clearance based on ambulatory, nonambulatory, or bedridden status, and the decision is pending.
(ii)Initiated eviction proceedings.
(B)A licensee denied a clearance for bedridden residents may appeal to the fire authority, and, if that appeal is denied, may subsequently appeal to the Office of the State Fire Marshal, and shall not be assessed an immediate civil penalty until the final appeal is decided, or after 60 days has passed from the date of the citation, whichever is earlier.
(2)Absence of supervision as required by statute or regulation.
(3)Accessible bodies of water, when prohibited in this chapter or regulations adopted pursuant to this chapter.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1569.32, 1569.33, or 1569.35.
(6)The presence of an excluded person on the premises.
(d)For a violation that the department determines resulted in the death of a resident, the civil penalty shall be fifteen thousand dollars ($15,000).
(e)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 15610.67 of the Welfare and Institutions Code, to a resident, the civil penalty shall be ten thousand dollars ($10,000).
(f)Prior to the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the program administrator of the Community Care Licensing Division.
(g)Notwithstanding Section 1569.33, any residential care facility for the elderly that is cited for repeating the same violation of this chapter within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any residential care facility for the elderly that is assessed a civil penalty pursuant to subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) shall be assessed an immediate civil penalty of one thousand dollars ($1,000) and one hundred dollars ($100) for each day the violation continues until the deficiency is corrected.
(i)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(j)(1)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 15 business days of receipt of the notice of a civil penalty assessment and shall provide all available supporting documentation at that time. The review shall be conducted by the deputy director of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the deputy director determines that the civil penalty was not assessed, or the finding of the deficiency that resulted in the assessment of the civil penalty was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the deputy directors decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), a licensee may further appeal that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(3)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(k)(1)A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (j) within 15 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all available supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 15 business days of receipt of notice of the regional managers decision. The licensee may submit additional supporting documentation that was unavailable at the time of appeal to the program administrator within the first 30 business days after requesting that appeal. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for the appeal. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrators decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. The program administrators decision is considered final and concludes the licensees administrative appeal rights regarding the appeal conducted pursuant to this paragraph.
(l)The department shall adopt regulations implementing this section.
(m)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by Section 6 of Chapter 813 of the Statutes of 2014.
(n)Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made by the act that added this subdivision through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act.
(o)This section shall become operative on July 1, 2015.
SEC. 6.Section 1596.842 of the Health and Safety Code is amended to read:1596.842.Following approval by the department of a list of provider rights, the Community Care Licensing Division shall print and distribute in person, to individuals or to groups, and by other appropriate methods of distribution, a list of provider rights which shall include, but not be limited to, the following:
(a)Site visit rights:
(1)The right to require licensing field staff to identify themselves.
(2)The right to be advised of the type of the visit, whether complaint, plan of correction, prelicensing, or some other type. When a site visit is made to investigate a complaint, the site visit rights described in paragraphs (4) and (9) shall be applicable at the completion of the investigation.
(3)The right to be treated as a professional and with dignity and respect.
(4)The right to receive an accurate report of the evaluators findings listing each observed deficiency. Each deficiency shall be separately numbered, so as to clearly indicate the number of deficiencies, shall be accompanied by a number that corresponds to a section of law or licensing regulation, and shall include a description of the evaluators observation that led to the finding of a deficiency. The description of the evaluators observation shall include a clear explanation of why the existing condition constitutes a deficiency, unless the description of the observation provides the explanation.
(5)The right to review licensing laws, regulations, and policy.
(6)The right to an impartial investigation of all complaints.
(7)The right, at the time of the visit, to determine and develop a plan of correction for deficiencies cited.
(8)The right to use the licensing report (LIC 809) as a means to agree or disagree with cited deficiencies.
(9)The right to an exit interview upon completion of the visit and to receive a signed copy of the LIC 809.
(10)The right to be informed on the LIC 809 of the evaluators supervisor and his or her telephone number.
(11)The right of access to the public file on any facility and the right to purchase a copy at a reasonable cost.
(b)Initial appeal rights:
(1)The right, without prejudice, to appeal any decision, any failure to act according to law or regulation, or any failure to act within any specified timeline, through the licensing agency as specified in Sections 1596.99 and 1597.58.
(2)The right to request a meeting with district office administrators to discuss any licensing issue and with notice to bring any person to the meeting.
(3)The right to due process and the option of bringing a representative to any administrative action.
(c)The right to file a formal complaint, and receive a written response to that complaint within 30 days, for any licensing issue not covered by subdivision (b), including, but not limited to, inappropriate behavior of department employees.
(d)The department shall, by June 30, 1992, mail to all licensees a copy of this section and a full and complete copy of the appeals procedure developed to implement subdivision (b).
(e)The department shall, on all forms it requires or recommends that providers use, all notices of regulations or departmental policy, and all notices to implement this section, clearly label the department as the source of the material, including the name of the department, the name of the division responsible for implementing this chapter, and the address of that division.
SEC. 7.Section 1596.99 of the Health and Safety Code, as added by Section 8 of Chapter 813 of the Statutes of 2014, is amended to read:1596.99.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter or Chapter 3.4 (commencing with Section 1596.70), the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) nor more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. Except as otherwise provided in this chapter, a civil penalty assessment shall not exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Sections 1596.893a, 1596.893b, and 1596.98, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)Fire clearance violations, including, but not limited to, overcapacity, inoperable smoke alarms, and inoperable fire alarm systems.
(2)Absence of supervision, including, but not limited to, a child left unattended, supervision of a child by a person under 18 years of age, and lack of supervision resulting in a child wandering away.
(3)Accessible bodies of water.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1596.852, 1596.853, or 1597.09.
(6)The presence of an excluded person on the premises.
(d)For a violation that the department determines resulted in the death of a child, the civil penalty shall be assessed as follows:
(1)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 30 or less children.
(2)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for 31 to 100, inclusive, children.
(3)Fifteen thousand dollars ($15,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(e)(1)For a violation that the department determines constitutes physical abuse or resulted in serious injury, as defined in Section 1596.8865, to a child, the civil penalty shall be assessed as follows:
(A)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 30 or less children.
(B)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for 31 to 100, inclusive, children.
(C)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(2)For purposes of this subdivision, physical abuse includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the childs welfare is a licensee, administrator, or employee of any facility licensed to care for children, or an administrator or employee of a public or private school or other institution or agency.
(f)Before the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the program administrator of the Community Care Licensing Division.
(g)Notwithstanding Sections 1596.893a, 1596.893b, and 1596.98, any day care center that is cited for repeating the same violation of this chapter or Chapter 3.4 (commencing with Section 1596.70) within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(h)Any day care center that is assessed a civil penalty under subdivision (g) and that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) shall be assessed an immediate civil penalty of one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(i)Notwithstanding any other law, revenues received by the state from the payment of civil penalties imposed on licensed child care centers pursuant to this chapter or Chapter 3.4 (commencing with Section 1596.70), shall be deposited in the Child Health and Safety Fund, created pursuant to Chapter 4.6 (commencing with Section 18285) of Part 6 of Division 9 of the Welfare and Institutions Code, and shall be expended, upon appropriation by the Legislature, pursuant to subdivision (f) of Section 18285 of the Welfare and Institutions Code exclusively for the technical assistance, orientation, training, and education of licensed day care center providers.
(j)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(k)(1)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 15 business days of receipt of the notice of a civil penalty assessment and shall provide all available supporting documentation at that time. The review shall be conducted by the deputy director of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the deputy director determines that the civil penalty was not assessed, or the finding of the deficiency that resulted in the assessment of the civil penalty was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the deputy directors decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), a licensee may further appeal that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(3)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(l)(1)A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (k) within 15 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all available supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 15 business days of receipt of notice of the regional managers decision. The licensee may submit additional supporting documentation that was unavailable at the time of appeal to the program administrator within the first 30 business days after requesting that appeal. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for the appeal. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrators decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. The program administrators decision is considered final and concludes the licensees administrative appeal rights regarding the appeal conducted pursuant to this paragraph.
(m)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by Section 8 of Chapter 813 of the Statutes of 2014.
(n)Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made by the act that added this subdivision through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act.
(o)This section shall become operative on July 1, 2015.
SEC. 8.Section 1597.58 of the Health and Safety Code, as added by Section 10 of Chapter 813 of the Statutes of 2014, is amended to read:1597.58.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) nor more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment or both, as determined by the department. Except as otherwise provided in this chapter, a civil penalty assessment shall not exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Sections 1596.893a, 1596.893b, 1597.56, and 1597.62, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)Any violation that results in the injury, illness, or death of a child.
(2)Absence of supervision, including, but not limited to, a child left unattended, a child left alone with a person under 18 years of age, and lack of supervision resulting in a child wandering away.
(3)Accessible bodies of water.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Sections 1596.852, 1596.853, 1597.55a, and 1597.55b.
(6)The presence of an excluded person on the premises.
(d)For a violation that the department determines resulted in the death of a child, the civil penalty shall be assessed as follows:
(1)Five thousand dollars ($5,000) for a small family day care home, as described in Section 1597.44.
(2)Seven thousand five hundred dollars ($7,500) for a large family day care home, as described in Section 1597.465.
(e)(1)For a violation that the department determines constitutes physical abuse or resulted in serious injury, as defined in Section 1596.8865, to a child, the civil penalty shall be assessed as follows:
(A)One thousand dollars ($1,000) for a small family day care home, as described in Section 1597.44.
(B)Two thousand dollars ($2,000) for a large family day care home, as described in Section 1597.465.
(2)For purposes of this subdivision, physical abuse includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the childs welfare is a licensee, administrator, or employee of any facility licensed to care for children, or an administrator or employee of a public or private school or other institution or agency.
(f)Before the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the program administrator of the Community Care Licensing Division.
(g)Notwithstanding Sections 1596.893a, 1596.893b, 1597.56, and 1597.62, any family day care home that is cited for repeating the same violation of this chapter or Chapter 3.4 (commencing with Section 1596.70), within 12 months of the first violation, is subject to an immediate civil penalty assessment of up to one hundred fifty dollars ($150) and may be assessed up to fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any family day care home that is assessed a civil penalty under subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) shall be assessed an immediate assessment of up to one hundred fifty dollars ($150) and may be assessed up to one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(i)Notwithstanding any other law, revenues received by the state from the payment of civil penalties imposed on licensed family day care homes pursuant to this chapter or Chapter 3.4 (commencing with Section 1596.70), shall be deposited in the Child Health and Safety Fund, created pursuant to Chapter 4.6 (commencing with Section 18285) of Part 6 of Division 9 of the Welfare and Institutions Code, and shall be expended, upon appropriation by the Legislature, pursuant to subdivision (f) of Section 18285 of the Welfare and Institutions Code exclusively for the technical assistance, orientation, training, and education of licensed family day care home providers.
(j)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(k)(1)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 15 business days of receipt of the notice of a civil penalty assessment and shall provide all available supporting documentation at that time. The review shall be conducted by the deputy director of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the deputy director determines that the civil penalty was not assessed, or the finding of the deficiency that resulted in the assessment of the civil penalty was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the deputy directors decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), a licensee may further appeal that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(3)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(l)(1)A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (k) within 15 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all available supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 15 business days of receipt of notice of the regional managers decision. The licensee may submit additional supporting documentation that was unavailable at the time of appeal to the program administrator within the first 30 business days after requesting that appeal. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for the appeal. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrators decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. The program administrators decision is considered final and concludes the licensees administrative appeal rights regarding the appeal conducted pursuant to this paragraph.
(m)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by Section 10 of Chapter 813 of the Statutes of 2014.
(n)Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made by the act that added this subdivision through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act.
(o)This section shall become operative on July 1, 2015.
SEC. 9.Section 2.5 of this bill incorporates amendments to Section 1548 of the Health and Safety Code proposed by both this bill and Assembly Bill 403. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 1548 of the Health and Safety Code, and (3) this bill is enacted after Assembly Bill 403, in which case Section 2 of this bill shall not become operative.
It is the intent of the Legislature to enact legislation that would clarify the complaint process for residential care facilities for the elderly and revise the appeal procedures for a deficiency issued against a care facility licensed by the State Department of Social Services.
SEC. 2.Section 1548 of the Health and Safety Code, as added by Section 2 of Chapter 813 of the Statutes of 2014, is amended to read:1548.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. Except as otherwise provided in this chapter, a civil penalty assessment shall not exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Section 1534, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)(A)Fire clearance violations, including, but not limited to, overcapacity, ambulatory status, inoperable smoke alarms, and inoperable fire alarm systems. The civil penalty shall not be assessed if the licensee has done either of the following:
(i)Requested the appropriate fire clearance based on ambulatory, nonambulatory, or bedridden status, and the decision is pending.
(ii)Initiated eviction proceedings.
(B)A licensee denied a clearance for bedridden residents may appeal to the fire authority, and, if that appeal is denied, may subsequently appeal to the Office of the State Fire Marshal, and shall not be assessed an immediate civil penalty until the final appeal is decided, or after 60 days has passed from the date of the citation, whichever is earlier.
(2)Absence of supervision, as required by statute or regulation.
(3)Accessible bodies of water when prohibited in this chapter or regulations adopted pursuant to this chapter.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1533, 1534, or 1538.
(6)The presence of an excluded person on the premises.
(d)(1)For a violation that the department determines resulted in the death of a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be fifteen thousand dollars ($15,000).
(2)For a violation that the department determines resulted in the death of a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(3)For a violation that the department determines resulted in the death of a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, or group home, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(C)Fifteen thousand dollars ($15,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(4)For a violation that the department determines resulted in the death of a resident at a runaway and homeless youth shelter, the civil penalty shall be five thousand dollars ($5,000).
(e)(1)(A)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be ten thousand dollars ($10,000).
(B)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(C)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, or group home, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(iii)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(D)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at a runaway and homeless youth shelter, the civil penalty shall be one thousand dollars ($1,000).
(2)For purposes of subparagraphs (C) and (D), physical abuse includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the childs welfare is a licensee, administrator, or employee of any facility licensed to care for children.
(f)Prior to the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the program administrator of the Community Care Licensing Division.
(g)Notwithstanding Section 1534, any facility that is cited for repeating the same violation of this chapter within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any facility that is assessed a civil penalty pursuant to subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) is subject to an immediate civil penalty of one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(i)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(j)(1)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 10 15 business days of receipt of the notice of a civil penalty assessment and shall provide all available supporting documentation at that time. The review shall be conducted by the deputy director of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the deputy director determines that the civil penalty was not assessed, or the finding of the deficiency that resulted in the assessment of the civil penalty was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the deputy directors decision within 60 business days of the request to review the assessment of the civil penalty. date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), a licensee may further appeal that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(3)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(k)(1)A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (j) within 10 15 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all available supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers decision within 60 business days of the request to review the civil penalty or finding of deficiency. date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 10 15 business days of receipt of notice of the regional managers decision. The licensee may submit additional supporting documentation that was unavailable at the time of appeal to the program administrator within the first 30 business days after requesting that appeal. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for the appeal. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrators decision within 60 business days of the request to review the civil penalty or finding of deficiency. date when all necessary information has been provided to the department by the licensee. The program administrators decision is considered final and concludes the licensees administrative appeal rights regarding the appeal conducted pursuant to this paragraph.
(l)The department shall adopt regulations implementing this section.
(m)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by Section 2 of Chapter 813 of the Statutes of 2014.
(n)As provided in Section 11466.31 of the Welfare and Institutions Code, the department may offset civil penalties owed by a group home against moneys to be paid by a county for the care of minors after the group home has exhausted its appeal of the civil penalty assessment. The department shall provide the group home a reasonable opportunity to pay the civil penalty before instituting the offset provision.
(o)Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made by the act that added this subdivision through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act.
(o)
(p)This section shall become operative on July 1, 2015.
SEC. 3.Section 1568.0822 of the Health and Safety Code, as added by Section 4 of Chapter 813 of the Statutes of 2014, is amended to read:1568.0822.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter, except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. Except as otherwise provided in this chapter, a civil penalty assessment shall not exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Section 1568.07, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)(A)Fire clearance violations, including, but not limited to, overcapacity, ambulatory status, inoperable smoke alarms, and inoperable fire alarm systems. The civil penalty shall not be assessed if the licensee has done either of the following:
(i)Requested the appropriate fire clearance based on ambulatory, nonambulatory, or bedridden status, and the decision is pending.
(ii)Initiated eviction proceedings.
(B)A licensee denied a clearance for bedridden residents may appeal to the fire authority, and, if that appeal is denied, may subsequently appeal to the Office of the State Fire Marshal, and shall not be assessed an immediate civil penalty until the final appeal is decided, or after 60 days has passed from the date of the citation, whichever is earlier.
(2)Absence of supervision, as required by statute and regulation.
(3)Accessible bodies of water, when prohibited in this chapter or regulations adopted pursuant to this chapter.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1568.07 or 1568.071.
(6)The presence of an excluded person on the premises.
(d)For a violation that the department determines resulted in the death of a resident, the civil penalty shall be fifteen thousand dollars ($15,000).
(e)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident, the civil penalty shall be ten thousand dollars ($10,000).
(f)Prior to the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the program administrator of the Community Care Licensing Division.
(g)Notwithstanding Section 1568.07, any residential care facility that is cited for repeating the same violation of this chapter within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any residential care facility that is assessed a civil penalty pursuant to subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) shall be assessed an immediate civil penalty of one thousand dollars ($1,000) and one hundred dollars ($100) for each day the violation continues until the deficiency is corrected, provided that the violation is a serious violation.
(i)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(j)(1)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 10 15 business days of receipt of the notice of a civil penalty assessment and shall provide all available supporting documentation at that time. The review shall be conducted by the deputy director of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the deputy director determines that the civil penalty was not assessed, or the finding of deficiency that resulted in the assessment of the civil penalty was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the deputy directors decision within 60 business days of the request to review the assessment of the civil penalty. date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), a licensee may further appeal that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(3)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(k)(1)A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (j) within 10 15 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all available supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers decision within 60 business days of the request to review the civil penalty or finding of deficiency. date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 10 15 business days of receipt of notice of the regional managers decision. The licensee may submit additional supporting documentation that was unavailable at the time of appeal to the program administrator within the first 30 business days after requesting that appeal. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for the appeal. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrators decision within 60 business days of the request to review the civil penalty or finding of deficiency. date when all necessary information has been provided to the department by the licensee. The program administrators decision is considered final and concludes the licensees administrative appeal rights regarding the appeal conducted pursuant to this paragraph.
(l)The department shall adopt regulations implementing this section.
(m)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by Section 4 of Chapter 813 of the Statutes of 2014.
(n)Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made by the act that added this subdivision through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act.
(n)
(o)This section shall become operative on July 1, 2015.
SEC. 4.Section 1569.35 of the Health and Safety Code is amended to read:1569.35.(a) Any person may request an investigation of a residential care facility for the elderly in accordance with this chapter by making a complaint to the department alleging a violation of applicable requirements prescribed by statutes or regulations of this state, including, but not limited to, a denial of access of any person authorized to enter the facility pursuant to Section 9722 of the Welfare and Institutions Code. A complaint may be made either orally or in writing.
(b) The substance of the complaint shall be provided to the licensee no earlier than at the time of the inspection. Unless the complainant specifically requests otherwise, neither the substance of the complaint provided the licensee nor any copy of the complaint or any record published, released, or otherwise made available to the licensee shall disclose the name of any person mentioned in the complaint except the name of any duly authorized officer, employee, or agent of the department conducting the investigation or inspection pursuant to this chapter.
(c) (1)Upon receipt of a complaint, other than a complaint alleging denial of a statutory right of access to a residential care facility for the elderly, the department shall make a preliminary review and, unless the department determines that the complaint is willfully intended to harass a licensee or is without any reasonable basis, it shall make an onsite inspection within 10 days after receiving the complaint except where the visit would adversely affect the licensing investigation or the investigation of other agencies, including, but not limited to, law enforcement agencies. In either event, the complainant shall be promptly informed of the departments proposed course of action.
(2)If a local long-term care ombudsman or the State Long-Term Care Ombudsman files a complaint alleging denial of a statutory right of access to a residential care facility for the elderly under Section 9722 of the Welfare and Institutions Code, the department shall give priority to the complaint pursuant to Section 9721 of the Welfare and Institutions Code and notify the Office of the State Long-Term Care Ombudsman that an investigation has been initiated pursuant to this section.
(3)Prior to conducting an onsite investigation pursuant to this section, the department shall make a good faith effort, documented in writing, to contact and interview the complainant and inform the complainant of the departments proposed course of action and the relevant deadline for the department to complete its investigation. To the extent practicable, the officer, employee, or agent of the department who will conduct the investigation shall be the representative who interviews and makes contact with the complainant.
(d)When conducting an investigation pursuant to this section, the department shall consult with and, to the extent practicable, coordinate its investigation of a residential care facility for the elderly with the investigation of the facility by other agencies, including, but not limited to, the Office of the State Long-Term Care Ombudsman and law enforcement agencies.
(e)
(d)Within 10 business days of completing the investigation of a complaint under this section, the department shall notify the complainant in writing of the departments determination as a result of the investigation and of the complainants right to appeal the findings. The written notice shall describe the appeal process provided for under subdivisions (f) and (g) and include a copy of any reports and documents describing violations and enforcement actions resulting from the investigation.
(f)A complainant who is dissatisfied with the departments investigation, findings, or enforcement actions resulting from the investigation may file an appeal by notifying the program manager of the officer, employee, or agent of the department conducting the investigation in writing within 15 business days after receiving the notice described in subdivision (e). The program manager shall schedule a meeting or teleconference with the complainant within 30 business days of receiving an appeal. The program manager shall carefully review the concerns, information, and evidence presented by the complainant to determine whether the departments findings or actions should be modified or whether further investigation is necessary. Within 10 business days after conducting the meeting or teleconference with the complainant, the program manager shall notify the complainant in writing of the departments determinations and actions concerning the appeal and of the appeal rights provided in subdivision (g).
(g)If a complainant is dissatisfied with the program managers determination on an appeal pursuant to subdivision (f), the complainant may, within 15 business days after receipt of this determination, file an appeal in writing with the Quality Assurance Unit of the Community Care Licensing Division. Within 30 business days of receiving an appeal, a representative of the Quality Assurance Unit shall interview the complainant, consider any information presented or submitted by the complainant, and review the complaint record to determine whether the departments findings or actions should be modified or whether further investigation is necessary. No later than 10 business days after completing this review, the deputy director of the Community Care Licensing Division shall notify the complainant in writing of the departments determinations and actions concerning the appeal.
(h)A complainant may be assisted or represented by any person of his or her choice in the appeal processes described in this section.
SEC. 5.Section 1569.49 of the Health and Safety Code, as added by Section 6 of Chapter 813 of the Statutes of 2014, is amended to read:1569.49.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. Except as otherwise provided in this chapter, a civil penalty assessment shall not exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Section 1569.33, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)(A)Fire clearance violations, including, but not limited to, overcapacity, ambulatory status, inoperable smoke alarms, and inoperable fire alarm systems. The civil penalty shall not be assessed if the licensee has done either of the following:
(i)Requested the appropriate fire clearance based on ambulatory, nonambulatory, or bedridden status, and the decision is pending.
(ii)Initiated eviction proceedings.
(B)A licensee denied a clearance for bedridden residents may appeal to the fire authority, and, if that appeal is denied, may subsequently appeal to the Office of the State Fire Marshal, and shall not be assessed an immediate civil penalty until the final appeal is decided, or after 60 days has passed from the date of the citation, whichever is earlier.
(2)Absence of supervision as required by statute or regulation.
(3)Accessible bodies of water, when prohibited in this chapter or regulations adopted pursuant to this chapter.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1569.32, 1569.33, or 1569.35.
(6)The presence of an excluded person on the premises.
(d)For a violation that the department determines resulted in the death of a resident, the civil penalty shall be fifteen thousand dollars ($15,000).
(e)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 15610.67 of the Welfare and Institutions Code, to a resident, the civil penalty shall be ten thousand dollars ($10,000).
(f)Prior to the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the program administrator of the Community Care Licensing Division.
(g)Notwithstanding Section 1569.33, any residential care facility for the elderly that is cited for repeating the same violation of this chapter within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any residential care facility for the elderly that is assessed a civil penalty pursuant to subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) shall be assessed an immediate civil penalty of one thousand dollars ($1,000) and one hundred dollars ($100) for each day the violation continues until the deficiency is corrected.
(i)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(j)(1)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 10 15 business days of receipt of the notice of a civil penalty assessment and shall provide all available supporting documentation at that time. The review shall be conducted by the deputy director of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the deputy director determines that the civil penalty was not assessed, or the finding of the deficiency that resulted in the assessment of the civil penalty was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the deputy directors decision within 60 business days of the request to review the assessment of the civil penalty. date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), a licensee may further appeal that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(3)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(k)(1)A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (j) within 10 15 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all available supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers decision within 60 business days of the request to review the civil penalty or finding of deficiency. date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 10 15 business days of receipt of notice of the regional managers decision. The licensee may submit additional supporting documentation that was unavailable at the time of appeal to the program administrator within the first 30 business days after requesting that appeal. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for the appeal. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrators decision within 60 business days of the request to review the civil penalty or finding of deficiency. date when all necessary information has been provided to the department by the licensee. The program administrators decision is considered final and concludes the licensees administrative appeal rights regarding the appeal conducted pursuant to this paragraph.
(l)The department shall adopt regulations implementing this section.
(m)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by Section 6 of Chapter 813 of the Statutes of 2014.
(n)Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made by the act that added this subdivision through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act.
(n)
(o)This section shall become operative on July 1, 2015.
SEC. 6.Section 1596.842 of the Health and Safety Code is amended to read:1596.842.Following approval by the department of a list of provider rights, the Community Care Licensing Division shall print and distribute in person, to individuals or to groups, and by other appropriate methods of distribution, a list of provider rights which shall include, but not be limited to, the following:
(a) Site visit rights:
(1) The right to require licensing field staff to identify themselves.
(2) The right to be advised of the type of the visit, whether complaint, plan of correction, prelicensing, or some other type. When a site visit is made to investigate a complaint, the site visit rights described in paragraphs (4) and (9) shall be applicable at the completion of the investigation.
(3) The right to be treated as a professional and with dignity and respect.
(4) The right to receive an accurate report of the evaluators findings listing each observed deficiency. Each deficiency shall be separately numbered, so as to clearly indicate the number of deficiencies, shall be accompanied by a number that corresponds to a section of law or licensing regulation, and shall include a description of the evaluators observation that led to the finding of a deficiency. The description of the evaluators observation shall include a clear explanation of why the existing condition constitutes a deficiency, unless the description of the observation provides the explanation.
(5) The right to review licensing laws, regulations, and policy.
(6) The right to an impartial investigation of all complaints.
(7) The right, at the time of the visit, to determine and develop a plan of correction for deficiencies cited.
(8) The right to use the licensing report (LIC 809) as a means to agree or disagree with cited deficiencies.
(9) The right to an exit interview upon completion of the visit and to receive a signed copy of the LIC 809.
(10) The right to be informed on the LIC 809 of the evaluators supervisor and his or her telephone number.
(11) The right of access to the public file on any facility and the right to purchase a copy at a reasonable cost.
(b) Initial appeal rights:
(1) The right, without prejudice, to appeal any decision, any failure to act according to law or regulation, or any failure to act within any specified timeline, through the licensing agency up to the deputy director. as specified in Sections 1596.99 and 1597.58.
(2) The right to request a meeting with district office administrators to discuss any licensing issue and with notice to bring any person to the meeting.
(3) The right to due process and the option of bringing a representative to any administrative action.
(c) The right to file a formal complaint, and receive a written response to that complaint within 30 days, for any licensing issue not covered by subdivision (b), including, but not limited to, inappropriate behavior of department employees.
(d) The department shall, by June 30, 1992, mail to all licensees a copy of this section and a full and complete copy of the appeals procedure developed to implement subdivision (b).
(e) The department shall, on all forms it requires or recommends that providers use, all notices of regulations or departmental policy, and all notices to implement this section, clearly label the department as the source of the material, including the name of the department, the name of the division responsible for implementing this chapter, and the address of that division.
SEC. 6.SEC. 7.Section 1596.99 of the Health and Safety Code, as added by Section 8 of Chapter 813 of the Statutes of 2014, is amended to read:1596.99.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter or Chapter 3.4 (commencing with Section 1596.70), the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) nor more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. Except as otherwise provided in this chapter, a civil penalty assessment shall not exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Sections 1596.893a, 1596.893b, and 1596.98, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)Fire clearance violations, including, but not limited to, overcapacity, inoperable smoke alarms, and inoperable fire alarm systems.
(2)Absence of supervision, including, but not limited to, a child left unattended, supervision of a child by a person under 18 years of age, and lack of supervision resulting in a child wandering away.
(3)Accessible bodies of water.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1596.852, 1596.853, or 1597.09.
(6)The presence of an excluded person on the premises.
(d)For a violation that the department determines resulted in the death of a child, the civil penalty shall be assessed as follows:
(1)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 30 or less children.
(2)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for 31 to 100, inclusive, children.
(3)Fifteen thousand dollars ($15,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(e)(1)For a violation that the department determines constitutes physical abuse or resulted in serious injury, as defined in Section 1596.8865, to a child, the civil penalty shall be assessed as follows:
(A)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 30 or less children.
(B)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for 31 to 100, inclusive, children.
(C)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(2)For purposes of this subdivision, physical abuse includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the childs welfare is a licensee, administrator, or employee of any facility licensed to care for children, or an administrator or employee of a public or private school or other institution or agency.
(f)Before the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the program administrator of the Community Care Licensing Division.
(g)Notwithstanding Sections 1596.893a, 1596.893b, and 1596.98, any day care center that is cited for repeating the same violation of this chapter or Chapter 3.4 (commencing with Section 1596.70) within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(h)Any day care center that is assessed a civil penalty under subdivision (g) and that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) shall be assessed an immediate civil penalty of one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(i)Notwithstanding any other law, revenues received by the state from the payment of civil penalties imposed on licensed child care centers pursuant to this chapter or Chapter 3.4 (commencing with Section 1596.70), shall be deposited in the Child Health and Safety Fund, created pursuant to Chapter 4.6 (commencing with Section 18285) of Part 6 of Division 9 of the Welfare and Institutions Code, and shall be expended, upon appropriation by the Legislature, pursuant to subdivision (f) of Section 18285 of the Welfare and Institutions Code exclusively for the technical assistance, orientation, training, and education of licensed day care center providers.
(j)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(k)(1)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 10 15 business days of receipt of the notice of a civil penalty assessment and shall provide all available supporting documentation at that time. The review shall be conducted by the deputy director of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the deputy director determines that the civil penalty was not assessed, or the finding of the deficiency that resulted in the assessment of the civil penalty was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the deputy directors decision within 60 business days of the request to review the assessment of the civil penalty. date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), a licensee may further appeal that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(3)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(l)(1)A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (k) within 10 15 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all available supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers decision within 60 business days of the request to review the civil penalty or finding of deficiency. date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 10 15 business days of receipt of notice of the regional managers decision. The licensee may submit additional supporting documentation that was unavailable at the time of appeal to the program administrator within the first 30 business days after requesting that appeal. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for the appeal. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrators decision within 60 business days of the request to review the civil penalty or finding of deficiency. date when all necessary information has been provided to the department by the licensee. The program administrators decision is considered final and concludes the licensees administrative appeal rights regarding the appeal conducted pursuant to this paragraph.
(m)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by Section 8 of Chapter 813 of the Statutes of 2014.
(n)Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made by the act that added this subdivision through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act.
(n)
(o)This section shall become operative on July 1, 2015.
SEC. 7.SEC. 8.Section 1597.58 of the Health and Safety Code, as added by Section 10 of Chapter 813 of the Statutes of 2014, is amended to read:1597.58.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) nor more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment or both, as determined by the department. Except as otherwise provided in this chapter, a civil penalty assessment shall not exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Sections 1596.893a, 1596.893b, 1597.56, and 1597.62 1597.62, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)Any violation that results in the injury, illness, or death of a child.
(2)Absence of supervision, including, but not limited to, a child left unattended, a child left alone with a person under 18 years of age, and lack of supervision resulting in a child wandering away.
(3)Accessible bodies of water.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Sections 1596.852, 1596.853, 1597.55a, and 1597.55b.
(6)The presence of an excluded person on the premises.
(d)For a violation that the department determines resulted in the death of a child, the civil penalty shall be assessed as follows:
(1)Five thousand dollars ($5,000) for a small family day care home, as described in Section 1597.44.
(2)Seven thousand five hundred dollars ($7,500) for a large family day care home, as described in Section 1597.465.
(e)(1)For a violation that the department determines constitutes physical abuse or resulted in serious injury, as defined in Section 1596.8865, to a child, the civil penalty shall be assessed as follows:
(A)One thousand dollars ($1,000) for a small family day care home, as described in Section 1597.44.
(B)Two thousand dollars ($2,000) for a large family day care home, as described in Section 1597.465.
(2)For purposes of this subdivision, physical abuse includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the childs welfare is a licensee, administrator, or employee of any facility licensed to care for children, or an administrator or employee of a public or private school or other institution or agency.
(f)Before the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the program administrator of the Community Care Licensing Division.
(g)Notwithstanding Sections 1596.893a, 1596.893b, 1597.56, and 1597.62, any family day care home that is cited for repeating the same violation of this chapter or Chapter 3.4 (commencing with Section 1596.70), within 12 months of the first violation violation, is subject to an immediate civil penalty assessment of up to one hundred fifty dollars ($150) and may be assessed up to fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any family day care home that is assessed a civil penalty under subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) shall be assessed an immediate assessment of up to one hundred fifty dollars ($150) and may be assessed up to one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(i)Notwithstanding any other law, revenues received by the state from the payment of civil penalties imposed on licensed family day care homes pursuant to this chapter or Chapter 3.4 (commencing with Section 1596.70), shall be deposited in the Child Health and Safety Fund, created pursuant to Chapter 4.6 (commencing with Section 18285) of Part 6 of Division 9 of the Welfare and Institutions Code, and shall be expended, upon appropriation by the Legislature, pursuant to subdivision (f) of Section 18285 of the Welfare and Institutions Code exclusively for the technical assistance, orientation, training, and education of licensed family day care home providers.
(j)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(k)(1)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 10 15 business days of receipt of the notice of a civil penalty assessment and shall provide all available supporting documentation at that time. The review shall be conducted by the deputy director of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the deputy director determines that the civil penalty was not assessed, or the finding of the deficiency that resulted in the assessment of the civil penalty was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the deputy directors decision within 60 business days of the request to review the assessment of the civil penalty. date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), a licensee may further appeal that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(3)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(l)(1)A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (k) within 10 15 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all available supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers decision within 60 business days of the request to review the civil penalty or finding of deficiency. date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 10 15 business days of receipt of notice of the regional managers decision. The licensee may submit additional supporting documentation that was unavailable at the time of appeal to the program administrator within the first 30 business days after requesting that appeal. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for the appeal. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrators decision within 60 business days of the request to review the civil penalty or finding of deficiency. date when all necessary information has been provided to the department by the licensee. The program administrators decision is considered final and concludes the licensees administrative appeal rights regarding the appeal conducted pursuant to this paragraph.
(m)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by Section 10 of Chapter 813 of the Statutes of 2014.
(n)Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made by the act that added this subdivision through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act.
(n)
(o)This section shall become operative on July 1, 2015.
It is the intent of the Legislature to enact legislation that would clarify the complaint process for residential care facilities for the elderly and revise the appeal procedures for a deficiency issued against a care facility licensed by the State Department of Social Services.
SEC. 2.Section 1548 of the Health and Safety Code, as added by Section 2 of Chapter 813 of the Statutes of 2014, is amended to read:1548.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. In no event, shall Except as otherwise provided in this chapter, a civil penalty assessment shall not exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Section 1534, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)(A)Fire clearance violations, including, but not limited to, overcapacity, ambulatory status, inoperable smoke alarms, and inoperable fire alarm systems. The civil penalty shall not be assessed if the licensee has done either of the following:
(i)Requested the appropriate fire clearance based on ambulatory, nonambulatory, or bedridden status, and the decision is pending.
(ii)Initiated eviction proceedings.
(B)A licensee denied a clearance for bedridden residents may appeal to the fire authority, and, if that appeal is denied, may subsequently appeal to the Office of the State Fire Marshal, and shall not be assessed an immediate civil penalty until the final appeal is decided, or after 60 days has passed from the date of the citation, whichever is earlier.
(2)Absence of supervision, as required by statute or regulation.
(3)Accessible bodies of water when prohibited in this chapter or regulations adopted pursuant to this chapter.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1533, 1534, or 1538.
(6)The presence of an excluded person on the premises.
(d)(1)For a violation that the department determines resulted in the death of a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be fifteen thousand dollars ($15,000).
(2)For a violation that the department determines resulted in the death of a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(3)For a violation that the department determines resulted in the death of a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, or group home, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(C)Fifteen thousand dollars ($15,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(4)For a violation that the department determines resulted in the death of a resident at a runaway and homeless youth shelter, the civil penalty shall be five thousand dollars ($5,000).
(e)(1)(A)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be ten thousand dollars ($10,000).
(B)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(C)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, or group home, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(iii)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(D)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at a runaway and homeless youth shelter, the civil penalty shall be one thousand dollars ($1,000).
(2)For purposes of subparagraphs (C) and (D), physical abuse includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the childs welfare is a licensee, administrator, or employee of any facility licensed to care for children.
(f)Prior to the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the program administrator of the Community Care Licensing Division.
(g)Notwithstanding Section 1534, any facility that is cited for repeating the same violation of this chapter within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any facility that is assessed a civil penalty pursuant to subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) is subject to an immediate civil penalty of one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(i)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(j)(1)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 10 business days of receipt of the notice of a civil penalty assessment and shall provide all supporting documentation at that time. The review shall be conducted by the deputy director of the Community Care Licensing Division. If the department requires additional information from the licensee, that information shall be requested within the first 30 calendar business days after receiving the request for review. If the deputy director determines that the civil penalty was not assessed, or the finding of the deficiency that resulted in the assessment of the civil penalty was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the deputy directors decision within 60 calendar business days of the request to review the assessment of the civil penalty.
(2)Upon exhausting the review described in paragraph (1), a licensee may further appeal that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(3)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(k)(1)A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (j) within 10 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. If the department requires additional information from the licensee, that information shall be requested within the first 30 calendar business days after receiving the request for review. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers decision within 60 calendar business days of the request to review the civil penalty or finding of deficiency.
(2)Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 10 business days of receipt of notice of the regional managers decision. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrators decision within 60 calendar business days of the request to review the civil penalty or finding of deficiency.
(l)The department shall adopt regulations implementing this section.
(m)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by Section 2 of Chapter 813 of the Statutes of 2014.
(n)As provided in Section 11466.31 of the Welfare and Institutions Code, the department may offset civil penalties owed by a group home against moneys to be paid by a county for the care of minors after the group home has exhausted its appeal of the civil penalty assessment. The department shall provide the group home a reasonable opportunity to pay the civil penalty before instituting the offset provision.
(o)This section shall become operative on July 1, 2015.
SEC. 3.Section 1568.0822 of the Health and Safety Code, as added by Section 4 of Chapter 813 of the Statutes of 2014, is amended to read:1568.0822.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter, except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. In no event shall Except as otherwise provided in this chapter, a civil penalty assessment shall not exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Section 1568.07, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)(A)Fire clearance violations, including, but not limited to, overcapacity, ambulatory status, inoperable smoke alarms, and inoperable fire alarm systems. The civil penalty shall not be assessed if the licensee has done either of the following:
(i)Requested the appropriate fire clearance based on ambulatory, nonambulatory, or bedridden status, and the decision is pending.
(ii)Initiated eviction proceedings.
(B)A licensee denied a clearance for bedridden residents may appeal to the fire authority, and, if that appeal is denied, may subsequently appeal to the Office of the State Fire Marshal, and shall not be assessed an immediate civil penalty until the final appeal is decided, or after 60 days has passed from the date of the citation, whichever is earlier.
(2)Absence of supervision, as required by statute and regulation.
(3)Accessible bodies of water, when prohibited in this chapter or regulations adopted pursuant to this chapter.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1568.07 or 1568.071.
(6)The presence of an excluded person on the premises.
(d)For a violation that the department determines resulted in the death of a resident, the civil penalty shall be fifteen thousand dollars ($15,000).
(e)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident, the civil penalty shall be ten thousand dollars ($10,000).
(f)Prior to the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the program administrator of the Community Care Licensing Division.
(g)Notwithstanding Section 1568.07, any residential care facility that is cited for repeating the same violation of this chapter within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any residential care facility that is assessed a civil penalty pursuant to subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) shall be assessed an immediate civil penalty of one thousand dollars ($1,000) and one hundred dollars ($100) for each day the violation continues until the deficiency is corrected, provided that the violation is a serious violation.
(i)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(j)(1)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 10 business days of receipt of the notice of a civil penalty assessment and shall provide all supporting documentation at that time. The review shall be conducted by the deputy director of the Community Care Licensing Division. If the department requires additional information from the licensee, that information shall be requested within the first 30 calendar business days after receiving the request for review. If the deputy director determines that the civil penalty was not assessed, or the finding of deficiency that resulted in the assessment of the civil penalty was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the deputy directors decision within 60 calendar business days of the request to review the assessment of the civil penalty.
(2)Upon exhausting the review described in paragraph (1), a licensee may further appeal that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(3)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(k)(1)A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (j) within 10 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. If the department requires additional information from the licensee, that information shall be requested within the first 30 calendar business days after receiving the request for review. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers decision within 60 calendar business days of the request to review the civil penalty or finding of deficiency.
(2)Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 10 business days of receipt of notice of the regional managers decision. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrators decision within 60 calendar business days of the request to review the civil penalty or finding of deficiency.
(l)The department shall adopt regulations implementing this section.
(m)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by Section 4 of Chapter 813 of the Statutes of 2014.
(n)This section shall become operative on July 1, 2015.
SEC. 4.Section 1569.35 of the Health and Safety Code is amended to read:1569.35.(a) Any person may request an investigation of a residential care facility for the elderly in accordance with this chapter by making a complaint to the department alleging a violation of applicable requirements prescribed by statutes or regulations of this state, including, but not limited to, a denial of access of any person authorized to enter the facility pursuant to Section 9722 of the Welfare and Institutions Code. A complaint may be made either orally or in writing.
(b) The substance of the complaint shall be provided to the licensee no earlier than at the time of the inspection. Unless the complainant specifically requests otherwise, neither the substance of the complaint provided the licensee nor any copy of the complaint or any record published, released, or otherwise made available to the licensee shall disclose the name of any person mentioned in the complaint except the name of any duly authorized officer, employee, or agent of the department conducting the investigation or inspection pursuant to this chapter.
(c) (1)Upon receipt of a complaint, other than a complaint alleging denial of a statutory right of access to a residential care facility for the elderly, the department shall make a preliminary review and, unless the department determines that the complaint is willfully intended to harass a licensee or is without any reasonable basis, it shall make an onsite inspection within 10 days after receiving the complaint except where the visit would adversely affect the licensing investigation or the investigation of other agencies, including, but not limited to, law enforcement agencies. In either event, the complainant shall be promptly informed of the departments proposed course of action.
(2)If a local long-term care ombudsman or the State Long-Term Care Ombudsman files a complaint alleging denial of a statutory right of access to a residential care facility for the elderly under Section 9722 of the Welfare and Institutions Code, the department shall give priority to the complaint pursuant to Section 9721 of the Welfare and Institutions Code and notify the Office of the State Long-Term Care Ombudsman that an investigation has been initiated pursuant to this section.
(3)Prior to conducting an onsite investigation pursuant to this section, the department shall make a good faith effort, documented in writing, to contact and interview the complainant and inform the complainant of the departments proposed course of action and the relevant deadline for the department to complete its investigation. To the extent practicable, the officer, employee, or agent of the department who will conduct the investigation shall be the representative who interviews and makes contact with the complainant.
(d)When conducting an investigation pursuant to this section, the department shall consult with and, to the extent practicable, coordinate its investigation of a residential care facility for the elderly with the investigation of the facility by other agencies, including, but not limited to, the Office of the State Long-Term Care Ombudsman and law enforcement agencies.
(e)Within 10 business days of completing the investigation of a complaint under this section, the department shall notify the complainant in writing of the departments determination as a result of the investigation and of the complainants right to appeal the findings. The written notice shall describe the appeal process provided for under subdivisions (f) and (g) and include a copy of any reports and documents describing violations and enforcement actions resulting from the investigation.
(f)A complainant who is dissatisfied with the departments investigation, findings, or enforcement actions resulting from the investigation may file an appeal by notifying the program manager of the officer, employee, or agent of the department conducting the investigation in writing within 15 business days after receiving the notice described in subdivision (e). The program manager shall schedule a meeting or teleconference with the complainant within 30 business days of receiving an appeal. The program manager shall carefully review the concerns, information, and evidence presented by the complainant to determine whether the departments findings or actions should be modified or whether further investigation is necessary. Within 10 business days after conducting the meeting or teleconference with the complainant, the program manager shall notify the complainant in writing of the departments determinations and actions concerning the appeal and of the appeal rights provided in subdivision (g).
(g)If a complainant is dissatisfied with the program managers determination on an appeal pursuant to subdivision (f), the complainant may, within 15 business days after receipt of this determination, file an appeal in writing with the Quality Assurance Unit of the Community Care Licensing Division. Within 30 business days of receiving an appeal, a representative of the Quality Assurance Unit shall interview the complainant, consider any information presented or submitted by the complainant, and review the complaint record to determine whether the departments findings or actions should be modified or whether further investigation is necessary. No later than 10 business days after completing this review, the deputy director of the Community Care Licensing Division shall notify the complainant in writing of the departments determinations and actions concerning the appeal.
(h)A complainant may be assisted or represented by any person of his or her choice in the appeal processes described in this section.
SEC. 5.Section 1569.49 of the Health and Safety Code, as added by Section 6 of Chapter 813 of the Statutes of 2014, is amended to read:1569.49.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. In no event, shall Except as otherwise provided in this chapter, a civil penalty assessment shall not exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Section 1569.33, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)(A)Fire clearance violations, including, but not limited to, overcapacity, ambulatory status, inoperable smoke alarms, and inoperable fire alarm systems. The civil penalty shall not be assessed if the licensee has done either of the following:
(i)Requested the appropriate fire clearance based on ambulatory, nonambulatory, or bedridden status, and the decision is pending.
(ii)Initiated eviction proceedings.
(B)A licensee denied a clearance for bedridden residents may appeal to the fire authority, and, if that appeal is denied, may subsequently appeal to the Office of the State Fire Marshal, and shall not be assessed an immediate civil penalty until the final appeal is decided, or after 60 days has passed from the date of the citation, whichever is earlier.
(2)Absence of supervision as required by statute or regulation.
(3)Accessible bodies of water, when prohibited in this chapter or regulations adopted pursuant to this chapter.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1569.32, 1569.33, or 1569.35.
(6)The presence of an excluded person on the premises.
(d)For a violation that the department determines resulted in the death of a resident, the civil penalty shall be fifteen thousand dollars ($15,000).
(e)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 15610.67 of the Welfare and Institutions Code, to a resident, the civil penalty shall be ten thousand dollars ($10,000).
(f)Prior to the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the program administrator of the Community Care Licensing Division.
(g)Notwithstanding Section 1569.33, any residential care facility for the elderly that is cited for repeating the same violation of this chapter within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any residential care facility for the elderly that is assessed a civil penalty pursuant to subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) shall be assessed an immediate civil penalty of one thousand dollars ($1,000) and one hundred dollars ($100) for each day the violation continues until the deficiency is corrected.
(i)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(j)(1)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 10 business days of receipt of the notice of a civil penalty assessment and shall provide all supporting documentation at that time. The review shall be conducted by the deputy director of the Community Care Licensing Division. If the department requires additional information from the licensee, that information shall be requested within the first 30 calendar business days after receiving the request for review. If the deputy director determines that the civil penalty was not assessed, or the finding of the deficiency that resulted in the assessment of the civil penalty was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the deputy directors decision within 60 calendar business days of the request to review the assessment of the civil penalty.
(2)Upon exhausting the review described in paragraph (1), a licensee may further appeal that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(3)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(k)(1)A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (j) within 10 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. If the department requires additional information from the licensee, that information shall be requested within the first 30 calendar business days after receiving the request for review. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers decision within 60 calendar business days of the request to review the civil penalty or finding of deficiency.
(2)Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 10 business days of receipt of notice of the regional managers decision. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrators decision within 60 calendar business days of the request to review the civil penalty or finding of deficiency.
(l)The department shall adopt regulations implementing this section.
(m)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by Section 6 of Chapter 813 of the Statutes of 2014.
(n)This section shall become operative on July 1, 2015.
SEC. 6.Section 1596.99 of the Health and Safety Code, as added by Section 8 of Chapter 813 of the Statutes of 2014, is amended to read:1596.99.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter or Chapter 3.4 (commencing with Section 1596.70), the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) nor more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. In no event shall Except as otherwise provided in this chapter, a civil penalty assessment shall not exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Sections 1596.893a, 1596.893b, and 1596.98, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)Fire clearance violations, including, but not limited to, overcapacity, inoperable smoke alarms, and inoperable fire alarm systems.
(2)Absence of supervision, including, but not limited to, a child left unattended, supervision of a child by a person under 18 years of age, and lack of supervision resulting in a child wandering away.
(3)Accessible bodies of water.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1596.852, 1596.853, or 1597.09.
(6)The presence of an excluded person on the premises.
(d)For a violation that the department determines resulted in the death of a child, the civil penalty shall be assessed as follows:
(1)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 30 or less children.
(2)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for 31 to 100, inclusive, children.
(3)Fifteen thousand dollars ($15,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(e)(1)For a violation that the department determines constitutes physical abuse or resulted in serious injury, as defined in Section 1596.8865, to a child, the civil penalty shall be assessed as follows:
(A)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 30 or less children.
(B)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for 31 to 100, inclusive, children.
(C)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(2)For purposes of this subdivision, physical abuse includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the childs welfare is a licensee, administrator, or employee of any facility licensed to care for children, or an administrator or employee of a public or private school or other institution or agency.
(f)Before the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the program administrator of the Community Care Licensing Division.
(g)Notwithstanding Sections 1596.893a, 1596.893b, and 1596.98, any day care center that is cited for repeating the same violation of this chapter or Chapter 3.4 (commencing with Section 1596.70) within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(h)Any day care center that is assessed a civil penalty under subdivision (g) and that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) shall be assessed an immediate civil penalty of one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(i)Notwithstanding any other law, revenues received by the state from the payment of civil penalties imposed on licensed child care centers pursuant to this chapter or Chapter 3.4 (commencing with Section 1596.70), shall be deposited in the Child Health and Safety Fund, created pursuant to Chapter 4.6 (commencing with Section 18285) of Part 6 of Division 9 of the Welfare and Institutions Code, and shall be expended, upon appropriation by the Legislature, pursuant to subdivision (f) of Section 18285 of the Welfare and Institutions Code exclusively for the technical assistance, orientation, training, and education of licensed day care center providers.
(j)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(k)(1)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 10 business days of receipt of the notice of a civil penalty assessment and shall provide all supporting documentation at that time. The review shall be conducted by the deputy director of the Community Care Licensing Division. If the department requires additional information from the licensee, that information shall be requested within the first 30 calendar business days after receiving the request for review. If the deputy director determines that the civil penalty was not assessed, or the finding of the deficiency that resulted in the assessment of the civil penalty was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the deputy directors decision within 60 calendar business days of the request to review the assessment of the civil penalty.
(2)Upon exhausting the review described in paragraph (1), a licensee may further appeal that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(3)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(l)(1)A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (k) within 10 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. If the department requires additional information from the licensee, that information shall be requested within the first 30 calendar business days after receiving the request for review. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers decision within 60 calendar business days of the request to review the civil penalty or finding of deficiency.
(2)Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 10 business days of receipt of notice of the regional managers decision. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrators decision within 60 calendar business days of the request to review the civil penalty or finding of deficiency.
(m)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by Section 8 of Chapter 813 of the Statutes of 2014.
(n)This section shall become operative on July 1, 2015.
SEC. 7.Section 1597.58 of the Health and Safety Code, as added by Section 10 of Chapter 813 of the Statutes of 2014, is amended to read:1597.58.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) nor more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment or both, as determined by the department. In no event shall Except as otherwise provided in this chapter, a civil penalty assessment shall not exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Sections 1596.893a, 1596.893b, 1597.56, and 1597.62 the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)Any violation that results in the injury, illness, or death of a child.
(2)Absence of supervision, including, but not limited to, a child left unattended, a child left alone with a person under 18 years of age, and lack of supervision resulting in a child wandering away.
(3)Accessible bodies of water.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Sections 1596.852, 1596.853, 1597.55a, and 1597.55b.
(6)The presence of an excluded person on the premises.
(d)For a violation that the department determines resulted in the death of a child, the civil penalty shall be assessed as follows:
(1)Five thousand dollars ($5,000) for a small family day care home, as described in Section 1597.44.
(2)Seven thousand five hundred dollars ($7,500) for a large family day care home, as described in Section 1597.465.
(e)(1)For a violation that the department determines constitutes physical abuse or resulted in serious injury, as defined in Section 1596.8865, to a child, the civil penalty shall be assessed as follows:
(A)One thousand dollars ($1,000) for a small family day care home, as described in Section 1597.44.
(B)Two thousand dollars ($2,000) for a large family day care home, as described in Section 1597.465.
(2)For purposes of this subdivision, physical abuse includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the childs welfare is a licensee, administrator, or employee of any facility licensed to care for children, or an administrator or employee of a public or private school or other institution or agency.
(f)Before the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the program administrator of the Community Care Licensing Division.
(g)Notwithstanding Sections 1596.893a, 1596.893b, 1597.56, and 1597.62, any family day care home that is cited for repeating the same violation of this chapter or Chapter 3.4 (commencing with Section 1596.70), within 12 months of the first violation is subject to an immediate civil penalty assessment of up to one hundred fifty dollars ($150) and may be assessed up to fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any family day care home that is assessed a civil penalty under subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) shall be assessed an immediate assessment of up to one hundred fifty dollars ($150) and may be assessed up to one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(i)Notwithstanding any other law, revenues received by the state from the payment of civil penalties imposed on licensed family day care homes pursuant to this chapter or Chapter 3.4 (commencing with Section 1596.70), shall be deposited in the Child Health and Safety Fund, created pursuant to Chapter 4.6 (commencing with Section 18285) of Part 6 of Division 9 of the Welfare and Institutions Code, and shall be expended, upon appropriation by the Legislature, pursuant to subdivision (f) of Section 18285 of the Welfare and Institutions Code exclusively for the technical assistance, orientation, training, and education of licensed family day care home providers.
(j)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(k)(1)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 10 business days of receipt of the notice of a civil penalty assessment and shall provide all supporting documentation at that time. The review shall be conducted by the deputy director of the Community Care Licensing Division. If the department requires additional information from the licensee, that information shall be requested within the first 30 calendar business days after receiving the request for review. If the deputy director determines that the civil penalty was not assessed, or the finding of the deficiency that resulted in the assessment of the civil penalty was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the deputy directors decision within 60 calendar business days of the request to review the assessment of the civil penalty.
(2)Upon exhausting the review described in paragraph (1), a licensee may further appeal that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(3)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(l)(1)A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (k) within 10 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. If the department requires additional information from the licensee, that information shall be requested within the first 30 calendar business days after receiving the request for review. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers decision within 60 calendar business days of the request to review the civil penalty or finding of deficiency.
(2)Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 10 business days of receipt of notice of the regional managers decision. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrators decision within 60 calendar business days of the request to review the civil penalty or finding of deficiency.
(m)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by Section 10 of Chapter 813 of the Statutes of 2014.
(n)This section shall become operative on July 1, 2015.
It is the intent of the Legislature to enact legislation that would clarify the complaint process for residential care facilities for the elderly and revise the appeal procedures for a deficiency issued against a care facility licensed by the State Department of Social Services.
SEC. 2.Section 1548 of the Health and Safety Code, as added by Section 2 of Chapter 813 of the Statutes of 2014, is amended to read:1548.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. In no event, shall a civil penalty assessment exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Section 1534, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)(A)Fire clearance violations, including, but not limited to, overcapacity, ambulatory status, inoperable smoke alarms, and inoperable fire alarm systems. The civil penalty shall not be assessed if the licensee has done either of the following:
(i)Requested the appropriate fire clearance based on ambulatory, nonambulatory, or bedridden status, and the decision is pending.
(ii)Initiated eviction proceedings.
(B)A licensee denied a clearance for bedridden residents may appeal to the fire authority, and, if that appeal is denied, may subsequently appeal to the Office of the State Fire Marshal, and shall not be assessed an immediate civil penalty until the final appeal is decided, or after 60 days has passed from the date of the citation, whichever is earlier.
(2)Absence of supervision, as required by statute or regulation.
(3)Accessible bodies of water when prohibited in this chapter or regulations adopted pursuant to this chapter.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1533, 1534, or 1538.
(6)The presence of an excluded person on the premises.
(d)(1)For a violation that the department determines resulted in the death of a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be fifteen thousand dollars ($15,000).
(2)For a violation that the department determines resulted in the death of a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(3)For a violation that the department determines resulted in the death of a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, or group home, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(C)Fifteen thousand dollars ($15,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(4)For a violation that the department determines resulted in the death of a resident at a runaway and homeless youth shelter, the civil penalty shall be five thousand dollars ($5,000).
(e)(1)(A)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be ten thousand dollars ($10,000).
(B)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(C)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, or group home, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(iii)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(D)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at a runaway and homeless youth shelter, the civil penalty shall be one thousand dollars ($1,000).
(2)For purposes of subparagraphs (C) and (D), physical abuse includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the childs welfare is a licensee, administrator, or employee of any facility licensed to care for children.
(f)Prior to the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the director. program administrator of the Community Care Licensing Division.
(g)Notwithstanding Section 1534, any facility that is cited for repeating the same violation of this chapter within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any facility that is assessed a civil penalty pursuant to subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) is subject to an immediate civil penalty of one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(i)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(j)(1)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 10 business days of receipt of the notice of a civil penalty assessment and shall provide all supporting documentation at that time. The review shall be conducted by a regional manager the deputy director of the Community Care Licensing Division. If the regional manager department requires additional information from the licensee, that information shall be requested within the first 30 calendar days after receiving the request for review. If the deputy director determines that the civil penalty was not assessed assessed, or the finding of the deficiency that resulted in the assessment of the civil penalty was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers deputy directors decision within 60 calendar days of the request to review the assessment of the civil penalty.
(3)The licensee may further appeal to the program administrator of the Community Care Licensing Division within 10 days of receipt of the notice of the regional managers decision and shall provide all supporting documentation at that time. If the program administrator determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the program administrators decision within 60 days of the request to review the regional managers decision.
(4)The licensee may further appeal to the deputy director of the Community Care Licensing Division within 10 days of receipt of the notice of the program directors decision and shall provide all supporting documentation at that time. If the deputy director determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the deputy directors decision within 60 days of the request to review the program administrators decision.
(5)
(2)Upon exhausting the deputy director review, review described in paragraph (1), a licensee may further appeal a civil penalty assessed pursuant to subdivision (d) or (e) that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(6)
(3)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(k)(1)A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (j) within 10 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. If the department requires additional information from the licensee, that information shall be requested within the first 30 calendar days after receiving the request for review. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers decision within 60 calendar days of the request to review the civil penalty or finding of deficiency.
(2)Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 10 business days of receipt of notice of the regional managers decision. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrators decision within 60 calendar days of the request to review the civil penalty or finding of deficiency.
(j)
(l)The department shall adopt regulations implementing this section.
(k)
(m)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by the act that added this subdivision. Section 2 of Chapter 813 of the Statutes of 2014.
(l)
(n)As provided in Section 11466.31 of the Welfare and Institutions Code, the department may offset civil penalties owed by a group home against moneys to be paid by a county for the care of minors after the group home has exhausted its appeal of the civil penalty assessment. The department shall provide the group home a reasonable opportunity to pay the civil penalty before instituting the offset provision.
(m)
(o)This section shall become operative on July 1, 2015.
SEC. 3.Section 1568.0822 of the Health and Safety Code, as added by Section 4 of Chapter 813 of the Statutes of 2014, is amended to read:1568.0822.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter, except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. In no event shall a civil penalty assessment exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Section 1568.07, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)(A)Fire clearance violations, including, but not limited to, overcapacity, ambulatory status, inoperable smoke alarms, and inoperable fire alarm systems. The civil penalty shall not be assessed if the licensee has done either of the following:
(i)Requested the appropriate fire clearance based on ambulatory, nonambulatory, or bedridden status, and the decision is pending.
(ii)Initiated eviction proceedings.
(B)A licensee denied a clearance for bedridden residents may appeal to the fire authority, and, if that appeal is denied, may subsequently appeal to the Office of the State Fire Marshal, and shall not be assessed an immediate civil penalty until the final appeal is decided, or after 60 days has passed from the date of the citation, whichever is earlier.
(2)Absence of supervision, as required by statute and regulation.
(3)Accessible bodies of water, when prohibited in this chapter or regulations adopted pursuant to this chapter.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1568.07 or 1568.071.
(6)The presence of an excluded person on the premises.
(d)For a violation that the department determines resulted in the death of a resident, the civil penalty shall be fifteen thousand dollars ($15,000).
(e)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident, the civil penalty shall be ten thousand dollars ($10,000).
(f)Prior to the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the director. program administrator of the Community Care Licensing Division.
(g)Notwithstanding Section 1568.07, any residential care facility that is cited for repeating the same violation of this chapter within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any residential care facility that is assessed a civil penalty pursuant to subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) shall be assessed an immediate civil penalty of one thousand dollars ($1,000) and one hundred dollars ($100) for each day the violation continues until the deficiency is corrected, provided that the violation is a serious violation.
(i)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(j)(1)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 10 business days of receipt of the notice of a civil penalty assessment and shall provide all supporting documentation at that time. The review shall be conducted by a regional manager the deputy director of the Community Care Licensing Division. If the regional manager department requires additional information from the licensee, that information shall be requested within the first 30 calendar days after receiving the request for review. If the deputy director determines that the civil penalty was not assessed assessed, or the finding of deficiency that resulted in the assessment of the civil penalty was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers deputy directors decision within 60 calendar days of the request to review the assessment of the civil penalty.
(3)The licensee may further appeal to the program administrator of the Community Care Licensing Division within 10 days of receipt of the notice of the regional managers decision and shall provide all supporting documentation at that time. If the program administrator determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the program administrators decision within 60 days of the request to review the regional managers decision.
(4)The licensee may further appeal to the deputy director of the Community Care Licensing Division within 10 days of receipt of the notice of the program directors decision and shall provide all supporting documentation at that time. If the deputy director determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the deputy directors decision within 60 days of the request to review the program administrators decision.
(5)
(2)Upon exhausting the deputy director review, review described in paragraph (1), a licensee may further appeal a civil penalty assessed pursuant to subdivision (d) or (e) that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(6)
(3)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(k)(1)A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (j) within 10 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. If the department requires additional information from the licensee, that information shall be requested within the first 30 calendar days after receiving the request for review. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers decision within 60 calendar days of the request to review the civil penalty or finding of deficiency.
(2)Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 10 business days of receipt of notice of the regional managers decision. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrators decision within 60 calendar days of the request to review the civil penalty or finding of deficiency.
(j)
(l)The department shall adopt regulations implementing this section.
(k)
(m)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by the act that added this subdivision. Section 4 of Chapter 813 of the Statutes of 2014.
(l)
(n)This section shall become operative on July 1, 2015.
SEC. 4.Section 1569.35 of the Health and Safety Code is amended to read:1569.35.(a) Any person may request an inspection investigation of any a residential care facility for the elderly in accordance with this chapter by transmitting making a complaint to the department notice of an alleged alleging a violation of applicable requirements prescribed by statutes or regulations of this state, including, but not limited to, a denial of access of any person authorized to enter the facility pursuant to Section 9722 of the Welfare and Institutions Code. A complaint may be made either orally or in writing.
(b) The substance of the complaint shall be provided to the licensee no earlier than at the time of the inspection. Unless the complainant specifically requests otherwise, neither the substance of the complaint provided the licensee nor any copy of the complaint or any record published, released, or otherwise made available to the licensee shall disclose the name of any person mentioned in the complaint except the name of any duly authorized officer, employee, or agent of the department conducting the investigation or inspection pursuant to this chapter.
(c) (1)Upon receipt of a complaint, other than a complaint alleging denial of a statutory right of access to a residential care facility for the elderly, the department shall make a preliminary review and, unless the department determines that the complaint is willfully intended to harass a licensee or is without any reasonable basis, it shall make an onsite inspection within 10 days after receiving the complaint except where the visit would adversely affect the licensing investigation or the investigation of other agencies, including, but not limited to, law enforcement agencies. In either event, the complainant shall be promptly informed of the departments proposed course of action.
(d) Upon receipt of a complaint alleging denial of a statutory right of access to a residential facility for the elderly, the department shall review the complaint. The complainant shall be notified promptly of the departments proposed course of action.
(2)If a local long-term care ombudsman or the State Long-Term Care Ombudsman files a complaint alleging denial of a statutory right of access to a residential care facility for the elderly under Section 9722 of the Welfare and Institutions Code, the department shall give priority to the complaint pursuant to Section 9721 of the Welfare and Institutions Code and notify the Office of the State Long-Term Care Ombudsman that an investigation has been initiated pursuant to this section.
(3)Prior to conducting an onsite investigation pursuant to this section, the department shall make a good faith effort, documented in writing, to contact and interview the complainant and inform the complainant of the departments proposed course of action and the relevant deadline for the department to complete its investigation. To the extent practicable, the officer, employee, or agent of the department who will conduct the investigation shall be the representative who interviews and makes contact with the complainant.
(d)When conducting an investigation pursuant to this section, the department shall consult with and, to the extent practicable, coordinate its investigation of a residential care facility for the elderly with the investigation of the facility by other agencies, including, but not limited to, the Office of the State Long-Term Care Ombudsman and law enforcement agencies.
(e)Within 10 business days of completing the investigation of a complaint under this section, the department shall notify the complainant in writing of the departments determination as a result of the investigation and of the complainants right to appeal the findings. The written notice shall describe the appeal process provided for under subdivisions (f) and (g) and include a copy of any reports and documents describing violations and enforcement actions resulting from the investigation.
(f)A complainant who is dissatisfied with the departments investigation, findings, or enforcement actions resulting from the investigation may file an appeal by notifying the program manager of the officer, employee, or agent of the department conducting the investigation in writing within 15 business days after receiving the notice described in subdivision (e). The program manager shall schedule a meeting or teleconference with the complainant within 30 business days of receiving an appeal. The program manager shall carefully review the concerns, information, and evidence presented by the complainant to determine whether the departments findings or actions should be modified or whether further investigation is necessary. Within 10 business days after conducting the meeting or teleconference with the complainant, the program manager shall notify the complainant in writing of the departments determinations and actions concerning the appeal and of the appeal rights provided in subdivision (g).
(g)If a complainant is dissatisfied with the program managers determination on an appeal pursuant to subdivision (f), the complainant may, within 15 business days after receipt of this determination, file an appeal in writing with the Quality Assurance Unit of the Community Care Licensing Division. Within 30 business days of receiving an appeal, a representative of the Quality Assurance Unit shall interview the complainant, consider any information presented or submitted by the complainant, and review the complaint record to determine whether the departments findings or actions should be modified or whether further investigation is necessary. No later than 10 business days after completing this review, the deputy director of the Community Care Licensing Division shall notify the complainant in writing of the departments determinations and actions concerning the appeal.
(h)A complainant may be assisted or represented by any person of his or her choice in the appeal processes described in this section.
SEC. 5.Section 1569.49 of the Health and Safety Code, as added by Section 6 of Chapter 813 of the Statutes of 2014, is amended to read:1569.49.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. In no event, shall a civil penalty assessment exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Section 1569.33, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)(A)Fire clearance violations, including, but not limited to, overcapacity, ambulatory status, inoperable smoke alarms, and inoperable fire alarm systems. The civil penalty shall not be assessed if the licensee has done either of the following:
(i)Requested the appropriate fire clearance based on ambulatory, nonambulatory, or bedridden status, and the decision is pending.
(ii)Initiated eviction proceedings.
(B)A licensee denied a clearance for bedridden residents may appeal to the fire authority, and, if that appeal is denied, may subsequently appeal to the Office of the State Fire Marshal, and shall not be assessed an immediate civil penalty until the final appeal is decided, or after 60 days has passed from the date of the citation, whichever is earlier.
(2)Absence of supervision as required by statute or regulation.
(3)Accessible bodies of water, when prohibited in this chapter or regulations adopted pursuant to this chapter.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1569.32, 1569.33, or 1569.35.
(6)The presence of an excluded person on the premises.
(d)For a violation that the department determines resulted in the death of a resident, the civil penalty shall be fifteen thousand dollars ($15,000).
(e)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 15610.67 of the Welfare and Institutions Code, to a resident, the civil penalty shall be ten thousand dollars ($10,000).
(f)Prior to the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the director. program administrator of the Community Care Licensing Division.
(g)Notwithstanding Section 1569.33, any residential care facility for the elderly that is cited for repeating the same violation of this chapter within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any residential care facility for the elderly that is assessed a civil penalty pursuant to subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) shall be assessed an immediate civil penalty of one thousand dollars ($1,000) and one hundred dollars ($100) for each day the violation continues until the deficiency is corrected.
(i)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(j)(1)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 10 business days of receipt of the notice of a civil penalty assessment and shall provide all supporting documentation at that time. The review shall be conducted by a regional manager the deputy director of the Community Care Licensing Division. If the regional manager department requires additional information from the licensee, that information shall be requested within the first 30 calendar days after receiving the request for review. If the deputy director determines that the civil penalty was not assessed assessed, or the finding of the deficiency that resulted in the assessment of the civil penalty was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers deputy directors decision within 60 calendar days of the request to review the assessment of the civil penalty.
(3)The licensee may further appeal to the program administrator of the Community Care Licensing Division within 10 days of receipt of the notice of the regional managers decision and shall provide all supporting documentation at that time. If the program administrator determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the program administrators decision within 60 days of the request to review the regional managers decision.
(4)The licensee may further appeal to the deputy director of the Community Care Licensing Division within 10 days of receipt of the notice of the program directors decision and shall provide all supporting documentation at that time. If the deputy director determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the deputy directors decision within 60 days of the request to review the program administrators decision.
(5)
(2)Upon exhausting the deputy director review, review described in paragraph (1), a licensee may further appeal a civil penalty assessed pursuant to subdivision (d) or (e) that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(6)
(3)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(k)(1)A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (j) within 10 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. If the department requires additional information from the licensee, that information shall be requested within the first 30 calendar days after receiving the request for review. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers decision within 60 calendar days of the request to review the civil penalty or finding of deficiency.
(2)Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 10 business days of receipt of notice of the regional managers decision. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrators decision within 60 calendar days of the request to review the civil penalty or finding of deficiency.
(j)
(l)The department shall adopt regulations implementing this section.
(k)
(m)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by the act that added this subdivision. Section 6 of Chapter 813 of the Statutes of 2014.
(l)
(n)This section shall become operative on July 1, 2015.
SECTION 1.SEC. 6.Section 1596.99 of the Health and Safety Code, as added by Section 8 of Chapter 813 of the Statutes of 2014, is amended to read:1596.99.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter or Chapter 3.4 (commencing with Section 1596.70), the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) nor more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. In no event shall a civil penalty assessment exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Sections 1596.893a, 1596.893b, and 1596.98, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)Fire clearance violations, including, but not limited to, overcapacity, inoperable smoke alarms, and inoperable fire alarm systems.
(2)Absence of supervision, including, but not limited to, a child left unattended, supervision of a child by a person under 18 years of age, and lack of supervision resulting in a child wandering away.
(3)Accessible bodies of water.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1596.852, 1596.853, or 1597.09.
(6)The presence of an excluded person on the premises.
(d)For a violation that the department determines resulted in the death of a child, the civil penalty shall be assessed as follows:
(1)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 30 or less children.
(2)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for 31 to 100, inclusive, children.
(3)Fifteen thousand dollars ($15,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(e)(1)For a violation that the department determines constitutes physical abuse or resulted in serious injury, as defined in Section 1596.8865, to a child, the civil penalty shall be assessed as follows:
(A)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 30 or less children.
(B)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for 31 to 100, inclusive, children.
(C)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(2)For purposes of this subdivision, physical abuse includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the childs welfare is a licensee, administrator, or employee of any facility licensed to care for children, or an administrator or employee of a public or private school or other institution or agency.
(f)Before the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the director. program administrator of the Community Care Licensing Division.
(g)Notwithstanding Sections 1596.893a, 1596.893b, and 1596.98, any day care center that is cited for repeating the same violation of this chapter or Chapter 3.4 (commencing with Section 1596.70) within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(h)Any day care center that is assessed a civil penalty under subdivision (g) and that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) shall be assessed an immediate civil penalty of one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(i)Notwithstanding any other law, revenues received by the state from the payment of civil penalties imposed on licensed child care centers pursuant to this chapter or Chapter 3.4 (commencing with Section 1596.70), shall be deposited in the Child Health and Safety Fund, created pursuant to Chapter 4.6 (commencing with Section 18285) of Part 6 of Division 9 of the Welfare and Institutions Code, and shall be expended, upon appropriation by the Legislature, pursuant to subdivision (f) of Section 18285 of the Welfare and Institutions Code exclusively for the technical assistance, orientation, training, and education of licensed day care center providers.
(j)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(k)(1)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 10 business days of receipt of the notice of a civil penalty assessment and shall provide all supporting documentation at that time. The review shall be conducted by a regional manager the deputy director of the Community Care Licensing Division. If the regional manager department requires additional information from the licensee, that information shall be requested within the first 30 calendar days after receiving the request for review. If the deputy director determines that the civil penalty was not assessed assessed, or the finding of the deficiency that resulted in the assessment of the civil penalty was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers deputy directors decision within 60 calendar days of the request to review the assessment of the civil penalty.
(3)The licensee may further appeal to the program administrator of the Community Care Licensing Division within 10 days of receipt of the notice of the regional managers decision and shall provide all supporting documentation at that time. If the program administrator determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the program administrators decision within 60 days of the request to review the regional managers decision.
(4)The licensee may further appeal to the deputy director of the Community Care Licensing Division within 10 days of receipt of the notice of the program directors decision and shall provide all supporting documentation at that time. If the deputy director determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the deputy directors decision within 60 days of the request to review the program administrators decision.
(5)
(2)Upon exhausting the deputy director review, review described in paragraph (1), a licensee may further appeal a civil penalty assessed pursuant to subdivision (d) or (e) that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(6)
(3)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(l)(1)A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (k) within 10 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. If the department requires additional information from the licensee, that information shall be requested within the first 30 calendar days after receiving the request for review. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers decision within 60 calendar days of the request to review the civil penalty or finding of deficiency.
(2)Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 10 business days of receipt of notice of the regional managers decision. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrators decision within 60 calendar days of the request to review the civil penalty or finding of deficiency.
(k)
(m)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by the act that added this subdivision. Section 8 of Chapter 813 of the Statutes of 2014.
(l)
(n)This section shall become operative on July 1, 2015.
SEC. 2.SEC. 7.Section 1597.58 of the Health and Safety Code, as added by Section 10 of Chapter 813 of the Statutes of 2014, is amended to read:1597.58.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) nor more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment or both, as determined by the department. In no event shall a civil penalty assessment exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Sections 1596.893a, 1596.893b, 1597.56, and 1597.62 the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)Any violation that results in the injury, illness, or death of a child.
(2)Absence of supervision, including, but not limited to, a child left unattended, a child left alone with a person under 18 years of age, and lack of supervision resulting in a child wandering away.
(3)Accessible bodies of water.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Sections 1596.852, 1596.853, 1597.55a, and 1597.55b.
(6)The presence of an excluded person on the premises.
(d)For a violation that the department determines resulted in the death of a child, the civil penalty shall be assessed as follows:
(1)Five thousand dollars ($5,000) for a small family day care home, as described in Section 1597.44.
(2)Seven thousand five hundred dollars ($7,500) for a large family day care home, as described in Section 1597.465.
(e)(1)For a violation that the department determines constitutes physical abuse or resulted in serious injury, as defined in Section 1596.8865, to a child, the civil penalty shall be assessed as follows:
(A)One thousand dollars ($1,000) for a small family day care home, as described in Section 1597.44.
(B)Two thousand dollars ($2,000) for a large family day care home, as described in Section 1597.465.
(2)For purposes of this subdivision, physical abuse includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the childs welfare is a licensee, administrator, or employee of any facility licensed to care for children, or an administrator or employee of a public or private school or other institution or agency.
(f)Before the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the director. program administrator of the Community Care Licensing Division.
(g)Notwithstanding Sections 1596.893a, 1596.893b, 1597.56, and 1597.62, any family day care home that is cited for repeating the same violation of this chapter or Chapter 3.4 (commencing with Section 1596.70), within 12 months of the first violation is subject to an immediate civil penalty assessment of up to one hundred fifty dollars ($150) and may be assessed up to fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any family day care home that is assessed a civil penalty under subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) shall be assessed an immediate assessment of up to one hundred fifty dollars ($150) and may be assessed up to one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(i)Notwithstanding any other law, revenues received by the state from the payment of civil penalties imposed on licensed family day care homes pursuant to this chapter or Chapter 3.4 (commencing with Section 1596.70), shall be deposited in the Child Health and Safety Fund, created pursuant to Chapter 4.6 (commencing with Section 18285) of Part 6 of Division 9 of the Welfare and Institutions Code, and shall be expended, upon appropriation by the Legislature, pursuant to subdivision (f) of Section 18285 of the Welfare and Institutions Code exclusively for the technical assistance, orientation, training, and education of licensed family day care home providers.
(j)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(k)(1)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 10 business days of receipt of the notice of a civil penalty assessment and shall provide all supporting documentation at that time. The review shall be conducted by a regional manager the deputy director of the Community Care Licensing Division. If the regional manager department requires additional information from the licensee, that information shall be requested within the first 30 calendar days after receiving the request for review. If the deputy director determines that the civil penalty was not assessed assessed, or the finding of the deficiency that resulted in the assessment of the civil penalty was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers deputy directors decision within 60 calendar days of the request to review the assessment of the civil penalty.
(3)The licensee may further appeal to the program administrator of the Community Care Licensing Division within 10 days of receipt of the notice of the regional managers decision and shall provide all supporting documentation at that time. If the program administrator determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the program administrators decision within 60 days of the request to review the regional managers decision.
(4)The licensee may further appeal to the deputy director of the Community Care Licensing Division within 10 days of receipt of the notice of the program directors decision and shall provide all supporting documentation at that time. If the deputy director determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the deputy directors decision within 60 days of the request to review the program administrators decision.
(5)
(2)Upon exhausting the deputy director review, review described in paragraph (1), a licensee may further appeal a civil penalty assessed pursuant to subdivision (d) or (e) that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(6)
(3)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(l)(1)A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (k) within 10 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. If the department requires additional information from the licensee, that information shall be requested within the first 30 calendar days after receiving the request for review. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers decision within 60 calendar days of the request to review the civil penalty or finding of deficiency.
(2)Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 10 business days of receipt of notice of the regional managers decision. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrators decision within 60 calendar days of the request to review the civil penalty or finding of deficiency.
(k)
(m)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by the act that added this subdivision. Section 10 of Chapter 813 of the Statutes of 2014.
(l)
(n)This section shall become operative on July 1, 2015.
(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter or Chapter 3.4 (commencing with Section 1596.70), the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) nor more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. In no event shall a civil penalty assessment exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Sections 1596.893a, 1596.893b, and 1596.98, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)Fire clearance violations, including, but not limited to, overcapacity, inoperable smoke alarms, and inoperable fire alarm systems.
(2)Absence of supervision, including, but not limited to, a child left unattended, supervision of a child by a person under 18 years of age, and lack of supervision resulting in a child wandering away.
(3)Accessible bodies of water.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1596.852, 1596.853, or 1597.09.
(6)The presence of an excluded person on the premises.
(d)For a violation that the department determines resulted in the death of a child, the civil penalty shall be assessed as follows:
(1)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 30 or less children.
(2)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for 31 to 100, inclusive, children.
(3)Fifteen thousand dollars ($15,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(e)(1)For a violation that the department determines constitutes physical abuse or resulted in serious injury, as defined in Section 1596.8865, to a child, the civil penalty shall be assessed as follows:
(A)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 30 or less children.
(B)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for 31 to 100, inclusive, children.
(C)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(2)For purposes of this subdivision, physical abuse includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the childs welfare is a licensee, administrator, or employee of any facility licensed to care for children, or an administrator or employee of a public or private school or other institution or agency.
(f)Prior to Before the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the director.
(g)Notwithstanding Sections 1596.893a, 1596.893b, and 1596.98, any day care center that is cited for repeating the same violation of this chapter or Chapter 3.4 (commencing with Section 1596.70), within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(h)Any day care center that is assessed a civil penalty under subdivision (g) and that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) shall be assessed an immediate civil penalty of one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(i)Notwithstanding any other law, revenues received by the state from the payment of civil penalties imposed on licensed child care centers pursuant to this chapter or Chapter 3.4 (commencing with Section 1596.70), shall be deposited in the Child Health and Safety Fund, created pursuant to Chapter 4.6 (commencing with Section 18285) of Part 6 of Division 9 of the Welfare and Institutions Code, and shall be expended, upon appropriation by the Legislature, pursuant to subdivision (f) of Section 18285 of the Welfare and Institutions Code exclusively for the technical assistance, orientation, training, and education of licensed day care center providers, and to assist families with the identification, transportation, and enrollment of children to another day care center when a familys day care centers license is revoked or temporarily suspended. providers.
(j)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 10 days of receipt of the notice of a civil penalty assessment and shall provide all supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. If the regional manager determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the regional managers decision within 60 days of the request to review the assessment of the civil penalty.
(3)The licensee may further appeal to the program administrator of the Community Care Licensing Division within 10 days of receipt of the notice of the regional managers decision and shall provide all supporting documentation at that time. If the program administrator determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the program administrators decision within 60 days of the request to review the regional managers decision.
(4)The licensee may further appeal to the deputy director of the Community Care Licensing Division within 10 days of receipt of the notice of the program directors decision and shall provide all supporting documentation at that time. If the deputy director determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the deputy directors decision within 60 days of the request to review the program administrators decision.
(5)Upon exhausting the deputy director review, a licensee may appeal a civil penalty assessed pursuant to subdivision (d) or (e) to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(6)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(k)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by the act that added this subdivision.
(l)This section shall become operative on July 1, 2015.
SEC. 2.Section 1597.58 of the Health and Safety Code, as added by Section 10 of Chapter 813 of the Statutes of 2014, is amended to read:1597.58.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) nor more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment or both, as determined by the department. In no event shall a civil penalty assessment exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Sections 1596.893a, 1596.893b, 1597.56, and 1597.62 the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)Any violation that results in the injury, illness, or death of a child.
(2)Absence of supervision, including, but not limited to, a child left unattended, a child left alone with a person under 18 years of age, and lack of supervision resulting in a child wandering away.
(3)Accessible bodies of water.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Sections 1596.852, 1596.853, 1597.55a, and 1597.55b.
(6)The presence of an excluded person on the premises.
(d)For a violation that the department determines resulted in the death of a child, the civil penalty shall be assessed as follows:
(1)Five thousand dollars ($5,000) for a small family day care home, as described in Section 1597.44.
(2)Seven thousand five hundred dollars ($7,500) for a large family day care home, as described in Section 1597.465.
(e)(1)For a violation that the department determines constitutes physical abuse or resulted in serious injury, as defined in Section 1596.8865, to a child, the civil penalty shall be assessed as follows:
(A)One thousand dollars ($1,000) for a small family day care home, as described in Section 1597.44.
(B)Two thousand dollars ($2,000) for a large family day care home, as described in Section 1597.465.
(2)For purposes of this subdivision, physical abuse includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the childs welfare is a licensee, administrator, or employee of any facility licensed to care for children, or an administrator or employee of a public or private school or other institution or agency.
(f)Prior to Before the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the director.
(g)Notwithstanding Sections 1596.893a, 1596.893b, 1597.56, and 1597.62, any family day care home that is cited for repeating the same violation of this chapter or Chapter 3.4 (commencing with Section 1596.70), within 12 months of the first violation is subject to an immediate civil penalty assessment of up to one hundred fifty dollars ($150) and may be assessed up to fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any family day care home that is assessed a civil penalty under subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) shall be assessed an immediate assessment of up to one hundred fifty dollars ($150) and may be assessed up to one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(i)Notwithstanding any other law, revenues received by the state from the payment of civil penalties imposed on licensed family day care homes pursuant to this chapter or Chapter 3.4 (commencing with Section 1596.70), shall be deposited in the Child Health and Safety Fund, created pursuant to Chapter 4.6 (commencing with Section 18285) of Part 6 of Division 9 of the Welfare and Institutions Code, and shall be expended, upon appropriation by the Legislature, pursuant to subdivision (f) of Section 18285 of the Welfare and Institutions Code exclusively for the technical assistance, orientation, training, and education of licensed family day care home providers, and to assist families with the identification, transportation, and enrollment of children to another family day care home when a familys family day care homes license is revoked or temporarily suspended. providers.
(j)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 10 days of receipt of the notice of a civil penalty assessment and shall provide all supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. If the regional manager determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the regional managers decision within 60 days of the request to review the assessment of the civil penalty.
(3)The licensee may further appeal to the program administrator of the Community Care Licensing Division within 10 days of receipt of the notice of the regional managers decision and shall provide all supporting documentation at that time. If the program administrator determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the program administrators decision within 60 days of the request to review the regional managers decision.
(4)The licensee may further appeal to the deputy director of the Community Care Licensing Division within 10 days of receipt of the notice of the program directors decision and shall provide all supporting documentation at that time. If the deputy director determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the deputy directors decision within 60 days of the request to review the program administrators decision.
(5)Upon exhausting the deputy director review, a licensee may appeal a civil penalty assessed pursuant to subdivision (d) or (e) to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(6)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(k)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by the act that added this subdivision.
(l)This section shall become operative on July 1, 2015.
SECTION 1.It is the intent of the Legislature to enact legislation that would revise the appeal procedures for a deficiency of a care facility licensed by the State Department of Social Services.
It is the intent of the Legislature to enact legislation that would revise the appeal procedures for a deficiency of a care facility licensed by the State Department of Social Services.
|
Date
|
Status
|
|---|---|
| Jul 16, 2015 | Read second time and amended. Re-referred to Com. on APPR. |
| Oct 4, 2015 | Chaptered by Secretary of State - Chapter 486, Statutes of 2015. |
| Oct 4, 2015 | Approved by the Governor. |
| Sep 23, 2015 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 11, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0.). |
| Sep 11, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3152.). |
| Sep 11, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Sep 10, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2692.). |
| Sep 10, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Sep 10, 2015 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 8, 2015 | Read second time. Ordered to third reading. |
| Sep 4, 2015 | Read third time and amended. Ordered to second reading. |
| Aug 31, 2015 | Read second time and amended. Ordered to third reading. |
| Aug 27, 2015 | From committee: Amend, and do pass as amended. (Ayes 6. Noes 1.) (August 27). |
| Aug 17, 2015 | In committee: Referred to APPR. suspense file. |
| Feb 27, 2015 | Introduced. To print. |
| Jul 15, 2015 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 3. Noes 0.) (July 14). |
| Jun 25, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HUMAN S. |
| Jun 4, 2015 | Referred to Com. on HUMAN S. |
| May 22, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1564.) |
| May 22, 2015 | Read third time. Passed. Ordered to the Senate. |
| May 22, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 14, 2015 | Read second time. Ordered to Consent Calendar. |
| May 13, 2015 | From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (May 13). |
| Apr 29, 2015 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 28). Re-referred to Com. on APPR. |
| Apr 6, 2015 | Re-referred to Com. on HUM. S. |
| Mar 26, 2015 | Referred to Coms. on HUM. S. and APPR. |
| Mar 26, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on HUM. S. Read second time and amended. |
| Mar 2, 2015 | Read first time. |
| Mar 1, 2015 | From printer. May be heard in committee March 31. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 11, 2015 | AB 1387 CHU Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 10, 2015 | Assembly 3rd Reading AB1387 Chu By Monning | Senate Floor |
Passed |
|
| Aug 27, 2015 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 17, 2015 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 14, 2015 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Human Services |
Passed |
|
| May 22, 2015 | AB 1387 CHU Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 13, 2015 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 28, 2015 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Human Services |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Advocates for Nursing Home Reform | ** Support | Sep 10, 2015 |
| California Assisted Living Association | ** Support | Sep 10, 2015 |
| Office of the State Long Term Care Ombudsman | ** Support | Sep 10, 2015 |
AB 1387
Page 3
CONCURRENCE IN SENATE AMENDMENTS
AB 1387
(Chu)
As Amended September 4, 2015
Majority vote
ASSEMBLY: |
74-0 |
(May 22, 2015) |
SENATE: |
39-0 |
(September 10, 2015) |
Original Committee Reference: HUM. S.
SUMMARY: Streamlines the appeals process for community care facility civil penalty and violation appeals and enhances the complaint process for residential care facilities for the elderly.
Specifically, this bill:
States legislative intent to enact legislation clarifying the complaint process for residential care facilities for the elderly (RCFEs) and revising the appeal procedures for deficiencies issued against care facilities licensed by the Department of Social Services (DSS/department).
Requires the program administrator of the Community Care Licensing Division (CCLD) within DSS to approve the decision to issue a citation imposing a civil penalty for a violation that DSS determines resulted in the death, physical abuse, or serious bodily injury of an individual, as specified.
Requires a notification of deficiency written by a representative of DSS to include a factual description of the nature of the deficiency, as specified.
Provides for a two-level appeals process for a civil penalty assessed for a violation that DSS determines resulted in the death, physical abuse, or serious bodily injury of an individual, as specified, with the first level involving a review by the deputy director of CCLD and the second level involving an appeal to an administrative law judge, as specified.
Provides for a two-level appeals process for any other civil penalty or deficiency, with the first level involving a review by the regional manager of CCLD, and the second level involving a review by the program administrator of CCLD. Further, states that the program administrator's decision is considered final and concludes the licensee's administrative appeal rights regarding the appeal in question.
Requires a licensee to submit a request for formal review of a civil penalty or an appeal of a decision at a previous level of review within 15 business days of receipt of the notice of the civil penalty assessment or decision.
Specifies that the licensee shall provide all available supporting documentation at the time the licensee submits a request for formal review of a civil penalty or an appeal of a decision. Further, permits a licensee to submit additional supporting documentation, unavailable at the time that he or she submitted the request for review or appeal, within the first 30 business days after submitting the request or appeal.
Requires DSS, if it requires additional information from the licensee, to request that information within 30 business days after receiving the request for review or appeal. Further, requires the licensee to provide this requested information within 30 business days of receiving the request from the department.
Requires the licensee to be notified of the department's decision within 60 business days of the date when all necessary information was provided to the department by the licensee.
Requires DSS to give priority to a complaint filed by a local long-term care ombudsman or the State Long-Term Care Ombudsman that alleges denial of a statutory right of access to an RCFE, as specified. Further, requires DSS to notify the Office of the State Long-Term Care Ombudsman that such an investigation has been initiated.
Requires DSS to, prior to conducting an onsite investigation regarding an RCFE complaint, make a good faith effort, documented in writing, to contact and interview the complainant and inform the complainant of the department's proposed course of action and the relevant deadline for the department to complete its investigation. Further requires, to the extent practicable, that the person conducting the interview be the representative who interviews and makes contact with the complainant.
Requires DSS to notify the complainant in writing of its decision regarding the RCFE complaint within 10 business days of completing the investigation.
Deletes the requirement that revenues from civil penalties levied by DSS against licensed day care providers be used to assist families with the identification, transportation, and enrollment of children to another day care center when a family's day care center’s license is revoked or temporarily suspended.
Deletes the requirement that revenues from civil penalties levied by DSS against licensed family day care home providers be used to assist families with the identification, transportation, and enrollment of children to another day care center when a family’s family day care home’s license is revoked or temporarily suspended.
Makes other technical changes.
The Senate amendments:
State legislative intent to enact legislation clarifying the complaint process for RCFEs and revising the appeal procedures for deficiencies issued against care facilities licensed by DSS.
Streamline community care facility civil penalties and violation appeals processes by reducing the number of steps in an appeal, amending and clarifying timelines, and making other administrative changes.
Modify existing requirements regarding complaints of denial of statutory right of access to RCFEs to give priority to such complaints filed by a local or state long-term care ombudsman and ensure communication with the Office of the State Long-Term Care Ombudsman.
Require DSS to make a good faith effort communicate with and interview an RCFE complainant and to notify the complainant in writing of its decision within 10 business days of completing the investigation.
Make other technical changes.
EXISTING LAW:
Authorizes DSS to levy a civil penalty against a licensed RCFE, day care center, family day care home, or other community care facility in addition to the suspension, temporary suspension, or revocation of the license of each type of facility. Establishes civil penalty amounts that correspond to specific program violations and repeat violations in licensed community care facilities. Specifies heightened penalties, as of July 1, 2015, for violations that DSS has determined resulted in the death, physical abuse, or serious bodily harm of an individual. (Health and Safety Code (HSC) Sections 1548, 1568.0822, 1569.49,1596.99, 1597.58)
Specifies an individual's rights and DSS's responsibilities regarding complaints filed about RCFEs. (HSC Sections 1569.35)
FISCAL EFFECT: According to the Senate Appropriations Committee, this bill may result in the following costs:
Appeals process for death/serious violations: Potential future cost savings due to simplification of the civil penalty review and appeals process from a four-tiered to two-tiered level of review.
Appeals process for all other violations: Potentially significant ongoing costs in excess of $150,000 (General Fund) annually.
COMMENTS: This bill repeals provisions regarding the use of revenues from civil penalties levied by DSS against licensed day care and family day care home providers that were inadvertently included in August 22, 2014, amendments made to AB 2236 (Maienschein), Chapter 813, Statutes of 2014, when the bill was in the Senate. Additionally, this bill does the following: streamlines the four-step appeals process for serious violations codified in AB 2236 by reducing this process to two steps; adopts a separate two-step appeals process for all other civil penalties and violations; extends and clarifies timelines for submission and request of information during the appeals process; and enhances the current process for RCFE complaints by adopting a timeline and complainant communication requirements for DSS.
PRIOR LEGISLATION:
AB 2236, among other provisions, imposed a new civil penalty structure, commencing July 1, 2015, for program violations in facilities licensed by the Community Care Licensing Division of DSS involving the death or physical abuse of, or serious bodily injury to, a resident or child at the care facility.
Analysis Prepared by: Myesha Jackson / HUM. S. / (916) 319-2089 FN: 0002326
AB 1387
Page 6
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 1387
Amended: 9/4/15 in Senate
SENATE HUMAN SERVICES COMMITTEE: 3-0, 7/14/15
AYES: McGuire, Hancock, Liu
NO VOTE RECORDED: Berryhill, Nguyen
SENATE APPROPRIATIONS COMMITTEE: 6-1, 8/27/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza
NOES: Nielsen
ASSEMBLY FLOOR: 74-0, 5/22/15 - See last page for vote
SUBJECT: Care facilities: civil penalties, deficiencies, and appeal procedures
DIGEST: This bill amends the civil penalty review and appeals process for violations resulting in death and serious bodily injury of a resident of child in community care facilities, Residential Care Facilities for the Elderly (RCFEs) and child day care facilities. The bill establishes a civil penalty review and appeals process for all other violations, as specified.
Senate Floor Amendments of 9/4/15 address chaptering conflicts with AB 403 (Stone).
Existing law:
Establishes the Community Care Facilities Act, providing for the licensure and regulation of nonmedical residential care, day treatment, adult day care, or foster family agency services for children or adults. (HSC 1500 et seq.)
Establishes the Residential Care Facilities for the Elderly Act to license and regulate RCFEs as a separate category within the existing residential care licensing structure of the California Department of Social Services (CDSS). (HSC 1569 et seq.)
Establishes the Child Day Care Act, providing for the licensure and regulation of child day care facilities, and large and small family day care homes. (HSC 1596.70 et seq.)
Permits CDSS to levy civil penalties for licensure violations, and provides that in no event shall a civil penalty assessment exceed $150 per day, per violation. Permits CDSS to establish an appeal process for civil penalties via regulation. (HSC 1548, 1568.0822, 1569.49, 1596.99, 1597.58)
Establishes, as of July 1, 2015, specified increased civil penalties for community care facilities, RCFEs, and child day care facilities for a violation determined to result in the death of a resident or which constitutes physical abuse or serious bodily injury, as defined, to a resident. (HSC 1548, 1568.0822, 1569.49, 1596.99, 1597.58)
Establishes, as of July 1, 2015, the following review and appeal structure for either of the above civil penalties:
Prior to issuance of either of the above civil penalties, the decision shall be approved by the director of CDSS.
Subsequent to the approval by the director, a licensee may request three levels of formal appeal and review within CDSS Community Care Licensing Division (CCLD), including review by a regional manager, program administrator, and deputy director, and ultimately a review by an administrative law judge. (HSC 1548, 1568.0822, 1569.49, 1596.99, 1597.58)
This bill:
Requires civil penalties assessed by CCLD resulting in death or serious bodily injury to be approved by the program administrator prior to issuance, instead of by the director of CDSS.
Requires notification of the deficiency by CCLD to include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and if applicable, the particular place or area in the facility in which the deficiency occurred.
Subsequent to approval by the program administrator of a civil penalty resulting in death or serious bodily injury, establishes two levels of formal appeal and review (instead of four) that a licensee may request within 15 days of receiving notice of a penalty. Provides that the first review will be conducted by the deputy director of CCLD and second by an administrative law judge.
Permits a licensee to request a two-tier review of any other civil penalty or deficiency not provided for in #3 above, within 15 days of receiving notice of a civil penalty, as specified. Provides that review of these civil penalties shall be conducted by a regional manager of CCLD, as specified, and requires that the licensee shall be notified of the decision within 60 days. Subsequent to the decision, permits a licensee to request a second review to be conducted by a program administrator of CCLD within 15 days of receipt of the regional manager’s decision, and requires the licensee be notified of the final decision within 60 days.
Provides that a complaint filed by a local long-term care ombudsman or the state Long-Term Care Ombudsman alleging denial of a statutory right of access to an RCFE shall be given priority by CDSS which shall notify the officer of the State Long-Term Care Ombudsman that an investigation has been initiated.
Prior to conducting an onsite complaint investigation, requires CDSS to document in writing a good-faith effort to contact and interview the complainant and to inform the complainant of the department’s proposed course of action, as specified. Within 10 days of a decision, CDSS must notify the complainant in writing of the department’s determination.
Deletes the requirement that revenues from civil penalties levied by CDSS against licensed day care centers and family day care homes be used to assist families with the identification, transportation and enrollment of children to another center when a center’s license is revoked or temporarily suspended.
Authorizes DSS to implement and administer the changes through all-county letters or similar written instructions until regulations are adopted.
Background
Last year, AB 2236 (Maienschein, Chapter 813, Statutes of 2014) established fines for violations that led to death or serious bodily injury of a resident a community care facility, an RCFE or in a child day care. The specific dollar amounts were set according to facility type and size of the facility ranging from $1,000 for violations resulting in serious bodily injury in a small child care homes up to $15,000 for violations resulting in death in any sized RCFE (see detailed chart in prior committee analysis).
Prior to passage of AB 2236, the highest assessed penalty was $150 a day/ per violation and an appeal process was not formally established in statute. Instead, CDSS was granted authority to establish an appeals process through regulation. In addition to establishing a complex new civil penalty structure that substantially increased the size of civil penalties for the most serious violations, AB 2236 codified a new appeals process for the higher civil penalties that was modeled partly on an internal assessment review process used by CDSS. The new appeal process established four layers of review, all occurring after the director of CDSS had already approved the initial civil penalty assessment. This bill simplifies the appeals process for both penalties, providing for the program administrator to initially approve the assessment of the penalty, and if appealed, the deputy director of CCL to review the appeal, before being heard by an Administrative Law Judge, who makes a final determination. This bill also establishes a streamlined appeal process for all other civil penalties by designating a regional manager to review the initial appeal, and a program administrator to make a final determination, if the first review is appealed.
CCL Oversight
On February 11, 2014, the Senate and Assembly Human Services Committees jointly held an informational hearing investigating efforts to increase accountability and oversight of Assisted Living Facilities. Testimony during the hearing highlighted significant technological barriers to the tracking of complaints and deficiencies, limited follow-up practices by the department to ensure that deficiencies are corrected, frequent failure to collect assessed fines and penalties, a lengthy appeals process that hinders immediate action when necessary, and use of a shortened inspection tool that has not been validated for use in RCFEs.
The hearing included testimony from consumer advocates characterizing the current complaint investigation process as being plagued by problems of inadequate investigation, poor communication with complainants, lack of transparency, weak enforcement, and appeal procedures that protect operators and imperil residents.
In response to significant public outcry over a lack of transparency, CCLD began posting on its website information regarding the number and date of licensing inspections performed, the number of citations (categorized by severity), the number and disposition of complaints, and a telephone number enabling consumers to call CCLD to request more specific information regarding the nature of citations and complaints.
Additionally, the 2014 and 2015 Budget Acts include funding for a comprehensive plan to reform the CCLD program. The 2014 Budget Act included an increase of $7.5 million ($5.8 million General Fund) and 71.5 positions to improve the timeliness of investigations, ensure the CCLD inspects all facilities at least once every five years, increase staff training, and establish clear fiscal, program, and corporate accountability. The 2014 Budget also increased licensing and application fees by 10 percent. The recently enacted 2015 Budget Act additionally includes $3 million General Fund and 28.5 positions to address a backlog of complaint cases and expand training and technical assistance. Beginning in January 2017, the DSS will begin increasing inspection frequency to every three years for all facilities, every two years by 2018 for all facility types except child care, and annually by 2019 for adult day care and RCFEs.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriation Committee, this bill would have potential future cost savings due to simplification of the civil penalty review and appeals process from a four-tiered to two-tiered level of review. Additionally, the analysis states there are potentially significant ongoing costs in excess of $150,000 (General Fund) annually due to the establishment of an internal appeals process for other violations.
California Assisted Living Association
California Advocates for Nursing Home Reform
Office of the State Long Term Care Ombudsman
None received
ASSEMBLY FLOOR: 74-0, 5/22/15
AYES: Achadjian, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Alejo, Jones, O'Donnell, Olsen, Waldron, Weber
Prepared by: Sara Rogers / HUMAN S. / (916) 651-1524
9/8/15 16:23:19
**** END ****
AB 1387
Page 6
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 1387
Amended: 8/31/15 in Senate
SENATE HUMAN SERVICES COMMITTEE: 3-0, 7/14/15
AYES: McGuire, Hancock, Liu
NO VOTE RECORDED: Berryhill, Nguyen
SENATE APPROPRIATIONS COMMITTEE: 6-1, 8/27/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza
NOES: Nielsen
ASSEMBLY FLOOR: 74-0, 5/22/15 - See last page for vote
SUBJECT: Care facilities: civil penalties, deficiencies, and appeal procedures
DIGEST: This bill amends the civil penalty review and appeals process for violations resulting in death and serious bodily injury of a resident or child in community care facilities, Residential Care Facilities for the Elderly (RCFEs) and child day care facilities. The bill establishes a civil penalty review and appeals process for all other violations, as specified.
Existing law:
Establishes the Community Care Facilities Act, providing for the licensure and regulation of nonmedical residential care, day treatment, adult day care, or foster family agency services for children or adults. (HSC 1500 et seq.)
Establishes the Residential Care Facilities for the Elderly Act to license and regulate RCFEs as a separate category within the existing residential care licensing structure of the California Department of Social Services (CDSS). (HSC 1569 et seq.)
Establishes the Child Day Care Act, providing for the licensure and regulation of child day care facilities, and large and small family day care homes. (HSC 1596.70 et seq.)
Permits CDSS to levy civil penalties for licensure violations, and provides that in no event shall a civil penalty assessment exceed $150 per day, per violation. Permits CDSS to establish an appeal process for civil penalties via regulation. (HSC 1548, 1568.0822, 1569.49, 1596.99, 1597.58)
Establishes, as of July 1, 2015, specified increased civil penalties for community care facilities, RCFEs, and child day care facilities for a violation determined to result in the death of a resident or which constitutes physical abuse or serious bodily injury, as defined, to a resident. (HSC 1548, 1568.0822, 1569.49, 1596.99, 1597.58)
Establishes, as of July 1, 2015, the following review and appeal structure for either of the above civil penalties:
Prior to issuance of either of the above civil penalties, the decision shall be approved by the director of CDSS.
Subsequent to the approval by the director, a licensee may request three levels of formal appeal and review within CDSS Community Care Licensing Division (CCLD), including review by a regional manager, program administrator, and deputy director, and ultimately a review by an administrative law judge. (HSC 1548, 1568.0822, 1569.49, 1596.99, 1597.58)
This bill:
Requires civil penalties assessed by CCLD resulting in death or serious bodily injury to be approved by the program administrator prior to issuance, instead of by the director of CDSS.
Requires notification of the deficiency by CCLD to include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and if applicable, the particular place or area in the facility in which the deficiency occurred.
Establishes, subsequent to approval by the program administrator of a civil penalty resulting in death or serious bodily injury, two levels of formal appeal and review (instead of four) that a licensee may request within 15 days of receiving notice of a penalty. Provides that the first review will be conducted by the deputy director of CCLD and second by an administrative law judge.
Permits a licensee to request a two-tier review of any other civil penalty or deficiency not provided for in #3 above, within 15 days of receiving notice of a civil penalty, as specified. Provides that review of these civil penalties shall be conducted by a regional manager of CCLD, as specified, and requires that the licensee shall be notified of the decision within 60 days. Subsequent to the decision, permits a licensee to request a second review to be conducted by a program administrator of CCLD within 15 days of receipt of the regional manager’s decision, and requires the licensee be notified of the final decision within 60 days.
Provides that a complaint filed by a local long-term care ombudsman or the state Long-Term Care Ombudsman alleging denial of a statutory right of access to an RCFE shall be given priority by CDSS which shall notify the officer of the State Long-Term Care Ombudsman that an investigation has been initiated.
Requires CDSS, prior to conducting an onsite complaint investigation, to document in writing a good-faith effort to contact and interview the complainant and to inform the complainant of the department’s proposed course of action, as specified. Within 10 days of a decision, CDSS must notify the complainant in writing of the department’s determination.
Deletes the requirement that revenues from civil penalties levied by CDSS against licensed day care centers and family day care homes be used to assist families with the identification, transportation and enrollment of children to another center when a center’s license is revoked or temporarily suspended.
Authorizes DSS to implement and administer the changes through all-county letters or similar written instructions until regulations are adopted.
Background
Last year, AB 2236 (Maienschein, Chapter 813, Statutes of 2014) established fines for violations that led to death or serious bodily injury of a resident a community care facility, an RCFE or in a child day care. The specific dollar amounts were set according to facility type and size of the facility ranging from $1,000 for violations resulting in serious bodily injury in a small child care homes up to $15,000 for violations resulting in death in any sized RCFE (see detailed chart in prior committee analysis).
Prior to passage of AB 2236, the highest assessed penalty was $150 a day/ per violation and an appeal process was not formally established in statute. Instead, CDSS was granted authority to establish an appeals process through regulation. In addition to establishing a complex new civil penalty structure that substantially increased the size of civil penalties for the most serious violations, AB 2236 codified a new appeals process for the higher civil penalties that was modeled partly on an internal assessment review process used by CDSS. The new appeal process established four layers of review, all occurring after the director of CDSS had already approved the initial civil penalty assessment. This bill simplifies the appeals process for both penalties, providing for the program administrator to initially approve the assessment of the penalty, and if appealed, the deputy director of CCL to review the appeal, before being heard by an Administrative Law Judge, who makes a final determination. This bill also establishes a streamlined appeal process for all other civil penalties by designating a regional manager to review the initial appeal, and a program administrator to make a final determination, if the first review is appealed.
CCL Oversight
On February 11, 2014, the Senate and Assembly Human Services Committees jointly held an informational hearing investigating efforts to increase accountability and oversight of Assisted Living Facilities. Testimony during the hearing highlighted significant technological barriers to the tracking of complaints and deficiencies, limited follow-up practices by the department to ensure that deficiencies are corrected, frequent failure to collect assessed fines and penalties, a lengthy appeals process that hinders immediate action when necessary, and use of a shortened inspection tool that has not been validated for use in RCFEs.
The hearing included testimony from consumer advocates characterizing the current complaint investigation process as being plagued by problems of inadequate investigation, poor communication with complainants, lack of transparency, weak enforcement, and appeal procedures that protect operators and imperil residents.
In response to significant public outcry over a lack of transparency, CCLD began posting on its website information regarding the number and date of licensing inspections performed, the number of citations (categorized by severity), the number and disposition of complaints, and a telephone number enabling consumers to call CCLD to request more specific information regarding the nature of citations and complaints.
Additionally, the 2014 and 2015 Budget Acts include funding for a comprehensive plan to reform the CCLD program. The 2014 Budget Act included an increase of $7.5 million ($5.8 million General Fund) and 71.5 positions to improve the timeliness of investigations, ensure the CCLD inspects all facilities at least once every five years, increase staff training, and establish clear fiscal, program, and corporate accountability. The 2014 Budget also increased licensing and application fees by 10 percent. The recently enacted 2015 Budget Act additionally includes $3 million General Fund and 28.5 positions to address a backlog of complaint cases and expand training and technical assistance. Beginning in January 2017, the DSS will begin increasing inspection frequency to every three years for all facilities, every two years by 2018 for all facility types except child care, and annually by 2019 for adult day care and RCFEs.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriation Committee, this bill would have potential future cost savings due to simplification of the civil penalty review and appeals process from a four-tiered to two-tiered level of review. Additionally, the analysis states there are potentially significant ongoing costs in excess of $150,000 (General Fund) annually due to the establishment of an internal appeals process for other violations.
None received
OPPOSITION: (Verified 8/28/15)
None received
ASSEMBLY FLOOR: 74-0, 5/22/15
AYES: Achadjian, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Alejo, Jones, O'Donnell, Olsen, Waldron, Weber
Prepared by: Sara Rogers / HUMAN S. / (916) 651-1524
8/30/15 19:18:18
**** END ****
AB 1387 (Chu) Page 2 of 2
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1387 (Chu) - Care facilities: civil penalties, deficiencies, and appeal procedures
|
|
Version: July 16, 2015 |
Policy Vote: HUMAN S. 3 - 0 |
Urgency: No |
Mandate: No |
Hearing Date: August 27, 2015 |
Consultant: Jolie Onodera |
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 27, 2015
Bill Summary:
AB 1387 would revise the civil penalty review and appeals process for violations resulting in death or serious bodily injury of a child or resident in a community are facility, residential care facility for the elderly (RCFE), or child day care facility. This bill would also establish a civil penalty review and appeals process for all other violations, as specified.
Fiscal Impact:
Appeals process for death/serious violations: Potential future cost savings due to simplification of the civil penalty review and appeals process from a four-tiered to two-tiered level of review.
Appeals process for all other violations: Potentially significant ongoing costs in excess of $150,000 (General Fund) annually.
Author Amendments:
Extends the amount of time a licensee has the right to submit a written request to the DSS for a formal review of a civil penalty assessed, as specified, to within 15 business days of receipt of the notice of the civil penalty assessment.
Authorizes a licensee to submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request.
Authorizes DSS to implement and administer the changes through all-county letters or similar written instructions until regulations are adopted.
Removes the appeals process that was to be added under the provisions of the bill for complainants against an RCFE who are dissatisfied with the investigation, findings, enforcement actions, or decision regarding a complaint, as specified.
Makes other technical changes.
-- END --
AB 1387 (Chu) Page 3 of 3
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1387 (Chu) - Care facilities: civil penalties, deficiencies, and appeal procedures
|
|
Version: July 16, 2015 |
Policy Vote: HUMAN S. 3 - 0 |
Urgency: No |
Mandate: No |
Hearing Date: August 17, 2015 |
Consultant: Jolie Onodera |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 1387 would revise the civil penalty review and appeals process for violations resulting in death or serious bodily injury of a child or resident in a community are facility, residential care facility for the elderly (RCFE), or child day care facility. This bill would also establish a civil penalty review and appeals process for all other violations, as specified. Additionally, this bill would establish an appeals process for complainants against an RCFE who are dissatisfied with the investigation, findings, enforcement actions, or decision regarding a complaint, as specified.
Fiscal Impact:
Appeals process for death/serious violations: Potential future cost savings due to simplification of the civil penalty review and appeals process from a four-tiered to two-tiered level of review.
Appeals process for all other violations: Potentially significant ongoing costs in excess of $150,000 (General Fund) annually.
Appeals process for RCFE complaints: Potentially significant ongoing costs in excess of $1 million (General Fund) annually for DSS to review complaints, confer with complainants, conduct complaint investigations, provide notifications, and conduct the two-tiered appeals process within the prescribed timeframes.
Background:
The Community Care Licensing Division (CCLD) of the Department of Social Services (DSS) administers the licensure and oversight of over 7,500 assisted living, board and care, and continuing care retirement homes that are licensed as RCFEs in California. These residences are designed to provide home-like environment housing options to elderly residents who need assistance with activities of daily living but otherwise do not require continuous, 24-hour assistance or nursing care. The RCFE licensure category includes facilities with as few as six beds to facilities with hundreds of residents whose needs may vary widely.
In response to numerous health and safety issues discovered at facilities licensed by the CCLD, the 2014 and 2015 Budget Acts include funding for a comprehensive plan to reform the CCLD program. The 2014 Budget Act included an increase of $7.5 million ($5.8 million General Fund) and 71.5 positions to improve the timeliness of investigations, ensure the CCLD inspects all facilities at least once every five years, increase staff training, and establish clear fiscal, program, and corporate accountability. The 2014 Budget also increased licensing and application fees by 10 percent. The recently enacted 2015 Budget Act additionally includes $3 million General Fund and 28.5 positions to address a backlog of complaint cases and expand training and technical assistance. Beginning in January 2017, the DSS will begin increasing inspection frequency to every three years for all facilities, every two years by 2018 for all facility types except child care, and annually by 2019 for adult day care and RCFEs.
Proposed Law:
This bill would revise the civil penalty review and appeals process for violations in licensed community care facilities, RCFEs, and child day care facilities, as follows:
Requires civil penalties assessed by the CCLD due to death or serious bodily injury to be approved by the program administrator prior to issuance, instead of by the Director of DSS.
Requires notification of a deficiency by the CCLD to include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and if applicable, the particular place or area in the facility in which the deficiency occurred.
Subsequent to approval of the civil penalty by the program administrator, establishes two levels of formal appeal and review (instead of four) that a licensee may request, initially by the deputy director of the CCLD and subsequently by an administrative law judge.
Permits a licensee to request a two-tier review of any other civil penalty or deficiency within 10 days of receiving notice of a civil penalty, as specified. Provides that review of these civil penalties shall be conducted by a regional manager of the CCLD, as specified, and requires that the licensee shall be notified of the decision within 60 days. Subsequent to the decision, permits a licensee to request a second review to be conducted by a program administrator of CCLD within 10 days of receipt of the regional manager’s decision, and the licensee be notified of the final decision within 60 days.
Provides that a complaint filed by a local long-term care ombudsman or the state Long-Term Care Ombudsman alleging denial of a statutory right of access to an RCFE shall be given priority by DSS which shall notify the officer of the State Long-Term Care Ombudsman that an investigation has been initiated.
Prior to conducting an onsite complaint investigation, requires DSS to document in writing a good-faith effort to contact and interview the complainant and to inform the complainant of the department’s proposed course of action, as specified. Within 10 days of a decision, requires DSS to notify the complainant in writing of the department’s determination.
Provides a complainant who is dissatisfied with the department’s investigation, findings, enforcement actions, or decision with regard to the complaint to file an appeal by notifying a program manager in writing within 15 business days of receiving notice.
Requires the program manager to schedule a meeting or teleconference with the complainant within 30 business days of receiving an appeal, as specified, and to notify the complainant of the decision within 10 business days of a decision.
Permits the complainant to further appeal the decision to the Quality Assurance Unit of CCLD, which must interview the complainant, consider any information presented, review the complaint record, and no later than 10 days after completing the review to notify the complainant in writing of the decision.
Deletes the requirement that revenues from civil penalties levied by DSS against licensed day care providers and family day care home providers be used to assist families with the identification, transportation, and enrollment of children to another center when a center’s license is revoked or temporarily suspended.
Related Legislation:
AB 1554 (Skinner) 2014 was similar to this measure. This bill was held on the Suspense File of this Committee.
AB 2236 (Maienschein) Chapter 813/2014 established civil penalty assessments for violations that lead to death or serious bodily injury of a resident or child in a community care facility, an RCFE, or a child day care facility. This bill also established the four-tier appeals process for violations resulting in death or serious bodily injury to a resident or child, as specified.
Staff Comments:
In order to comply with the revised complaint investigation processes and timelines established in this bill, the DSS would incur additional costs above what was provided in the 2014 and 2015 Budget Acts for investigations. While the additional resource needs would be dependent on the volume of complaints to be addressed pursuant to the new process, it is estimated costs could potentially be in excess of $1 million annually to review complaints, confer with complainants, conduct complaint investigations, provide notifications, and conduct the two-tiered appeals process within the prescribed timeframes of the bill.
As noted in the Background Section above, the 2014 Budget Act included funding for a comprehensive plan to reform the CCLD program. The Budget includes an increase of $7.5 million ($5.8 million General Fund) and 71.5 positions to improve the timeliness of investigations, ensure the CCLD inspects all facilities at least once every five years, increase staff training, and establish clear fiscal, program, and corporate accountability. While the Budget includes positions to improve the timeliness of investigations, it did not contemplate an expedited process for complaint investigations as mandated under the provisions of this bill, nor did it provide for the two levels of appeals for complainants dissatisfied with DSS investigations, findings, or enforcement actions resulting from the investigations.
-- END --
AB 1387 (Chu) Page 11 of 11
SENATE COMMITTEE ON HUMAN SERVICES
Senator McGuire, Chair
2015 - 2016 Regular
Bill No: AB 1387
Author: |
Chu |
||
Version: |
June 25, 2015 |
Hearing Date: |
July 14, 2015 |
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Sara Rogers |
||
Subject: Care facilities: civil penalties, deficiencies, and appeal procedures
SUMMARY
This bill amends the civil penalty review and appeals process for violations resulting in death and serious bodily injury of a resident of child in community care facilities, Residential Care Facilities for the Elderly (RCFE) and child day care facilities. The bill stablishes a civil penalty review and appeals process for all other violations. It permits a complainant of a RCFE who is dissatisfied with a complaint decision to appeal the decision, as specified.
ABSTRACT
Existing law:
Establishes the Community Care Facilities Act, providing for the licensure and regulation of nonmedical residential care, day treatment, adult day care, or foster family agency services for children or adults. (HSC 1500 et seq.)
Establishes the Residential Care Facilities for the Elderly Act to license and regulate RCFEs as a separate category within the existing residential care licensing structure of the California Department of Social Services (CDSS). (HSC 1569 et seq.)
Provides for the licensure and regulation of Residential Care Facilities for Persons with Chronic, Life-Threatening Illness under a separate category. (HSC 168.01 et seq.)
Establishes the Child Day Care Act, providing for the licensure and regulation of child day care facilities, and large and small family day care homes. (HSC 1596.70 et seq.)
Permits CDSS to levy civil penalties for licensure violations, and provides that in no event shall a civil penalty assessment exceed $150 per day, per violation. (HSC 1548, 1568.0822, 1569.49, 1596.99, 1597.58)
Permits CDSS to establish an appeal process for civil penalties via regulation. (HSC 1548, 1568.0822, 1569.49, 1596.99, 1597.58)
As of July 1, 2015, establishes specified increased civil penalties for community care facilities, RCFEs, and child day care facilitiess (see below chart) for the following:
Any violation that CDSS determines resulted in the death of a resident.
Any violation which constitutes physical abuse or serious bodily injury, as defined, to a resident. (HSC 1548, 1568.0822, 1569.49, 1596.99, 1597.58)
As of July 1, 2015 establishes the following review and appeal structure for either of the above civil penalties:
Prior to issuance of either of the above civil penalties, the decision shall be approved by the director of CDSS.
Subsequent to the approval by the director, a licensee may request three levels of formal appeal and review within CDSS Community Care Licensing Division (CCL), including review by a regional manager, program administrator, and deputy director, and ultimately a review by an administrative law judge. (HSC 1548, 1568.0822, 1569.49, 1596.99, 1597.58)
Permits any person to request an inspection of any RCFE via oral or written complaint to the department, as specified. Requires CDSS to make a preliminary review, unless the complaint is without a reasonable basis, and to make an onsite inspection within 10 days of receiving the complaint, unless the visit would adversely affect the investigation, or an investigation of other agencies including law enforcement. (HSC 1569.35)
This bill:
Requires civil penalties assessed by CCL due to death or serious bodily injury to be approved by the program administrator prior to issuance, instead of by the director of CDSS.
Requires notification of a deficiency by CCL to include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and if applicable, the particular place or area in the facility in which the deficiency occurred.
Subsequent to approval of the civil penalty by the program administrator, establishes two levels of formal appeal and review (instead of four) that a licensee may request, first by the deputy director of CCL and second by an administrative law judge.
Provides that if the deputy director requires additional information from the licensee, that information shall be requested within 30 days after receiving the request for review, and additionally requires the licensee to be notified of the decision within 60 calendar days after the review request.
Permits a licensee to request a two-tier review of any other civil penalty or deficiency not provided for in #3 above, within 10 days of receiving notice of a civil penalty, as specified. Provides that review of these civil penalties shall be conducted by a regional manager of CCL, as specified, and requires that the licensee shall be notified of the decision within 60 days. Subsequent to the decision, permits a licensee to request a second review to be conducted by a program administrator of CCL within 10 days of receipt of the regional manager’s decision, and the licensee be notified of the final decision within 60 days.
Provides that a complaint filed by a local long-term care ombudsman or the state Long-Term Care Ombudsman alleging denial of a statutory right of access to an RCFE shall be given priority by CDSS which shall notify the officer of the State Long-Term Care Ombudsman that an investigation has been initiated.
Prior to conducting an onsite complaint investigation, requires CDSS to document in writing a good-faith effort to contact and interview the complainant and to inform the complainant of the department’s proposed course of action, as specified. Within 10 days of a decision, CDSS must notify the complainant in writing of the department’s determination.
Provides a complainant who is dissatisfied with the department’s decision to file an appeal by notifying a program manager in writing within 15 business days of receiving notice.
Requires the program manager to schedule a meeting or teleconference with the complainant within 30 business days of receiving an appeal, as specified, and to notify the complainant of the decision within 10 business days of a decision.
Permits the complainant to further appeal the decision to the Quality Assurance Unit of CCL, which must interview the complainant, consider any information presented, review the complaint record, and no later than 10 days after completing the review to notify the complainant in writing of the decision.
FISCAL IMPACT
The current version of this bill has not been analyzed by a fiscal committee.
BACKGROUND AND DISCUSSION
Purpose of the bill:
Last year, AB 2236 (Maienschein, Chapter 813, Statutes of 2014) established fines for violations that led to death or serious bodily injury of a resident a community care facility, an RCFE or in a child day care. The specific dollar amounts were set according to facility type and size of the facility pursuant to the chart below.
Facility type |
Size |
Serious Bodily Injury |
Death |
RCFE/ARF/CCH/SRF/EBSH |
All sizes |
$10,000 |
$15,000 |
Emergency Homeless Youth Shelter |
≤25 beds |
$1,000 |
$5,000 |
Small Child Care Home |
≤8 children |
$1,000 |
$5,000 |
Large Child Care Home |
9-14 children |
$2,000 |
$7,500 |
Child Care Facility |
1 – 30 children |
$2,500 |
$7,500 |
Child Care Facility |
31 – 100 children |
$5,000 |
$10,000 |
Child Care Facility |
100+ children |
$10,000 |
$15,000 |
Adult Day |
≤50 adults |
$2,500 |
$7,500 |
Adult Day |
50+ adults |
$5,000 |
$10,000 |
FFA/GH/TSCF/THPP/CTF |
≤40 youth |
$2,500 |
$7,500 |
FFA/GH/TSCF/THPP/CTF |
41 – 100 youth |
$5,000 |
$10,000 |
FFA/GH/TSCF/THPP/CTF |
100+ youth |
$10,000 |
$15,000 |
Prior to passage of AB 2236, the highest assessed penalty was $150 a day/ per violation and an appeal process was not formally established in statute. Instead, CDSS was granted authority to establish an appeals process through regulation. In addition to establishing a complex new civil penalty structure that substantially increased the size of civil penalties for the most serious violations, AB 2236 codified a new appeals process for the higher civil penalties that was modeled partly on an internal assessment review process used by CDSS. The new appeal process established four layers of review, all occurring after the director of CDSS had already approved the initial civil penalty assessment. This bill simplifies the appeals process for both penalties, providing for the program administrator to initially approve the assessment of the penalty, and if appealed, the deputy director of CCL to review the appeal, before being heard by an Administrative Law Judge, who makes a final determination.
This bill also establishes a streamlined appeal process for all other civil penalties by designating a regional manager to review the initial appeal, and a program administrator to make a final determination, if the first review is appealed. Finally this bill establishes a new two-tier appeals process for complainants against an RCFE who are dissatisfied with the department’s decision regarding a complaint investigation to appeal to the program manager, who is required to meet or teleconference with the complainant
CCL Oversight
On February 11, 2014, the Senate and Assembly Human Services Committees jointly held an informational hearing investigating efforts to increase accountability and oversight of Assisted Living Facilities. Testimony during the hearing highlighted significant technological barriers to the tracking of complaints and deficiencies, limited follow-up practices by the department to ensure that deficiencies are corrected, frequent failure to collect assessed fines and penalties, a lengthy appeals process that hinders immediate action when necessary, and use of a shortened inspection tool that has not been validated for use in RCFEs.
The hearing included testimony from consumer advocates characterizing the current complaint investigation process as being plagued by problems of inadequate investigation, poor communication with complainants, lack of transparency, weak enforcement, and appeal procedures that protect operators and imperil residents. Current law does not require CCL to send written findings to complainants except upon request, and does not give complainants an opportunity to appeal CCL’s findings.
However, in response to significant public outcry over a lack of transparency, CCL began posting on its website information regarding the number and date of licensing inspections performed, the number of citations (categorized by severity), the number and disposition of complaints, and a telephone number enabling consumers to call CCL to request more specific information regarding the nature of citations and complaints.
Related legislation:
AB 1554 (Skinner, 2014) was substantially similar to this bill. It was held in the Senate Appropriations Committee.
AB 2236 (Maienschein, Chapter 813, Statutes of 2014) established civil penalty assessments for violations that led to death or serious bodily injury of a resident in a community care facility, an RCFE or a child day care facility. It also established the four-tier appeals process.
COMMENTS
Staff recommends the following technical amendments:
SEC. 2.
1548.
(b) The amount of the civil
penalty shall not be less than twenty-five dollars ($25) or more than
fifty dollars ($50) per day for each violation of this chapter except
where the nature or seriousness of the violation or the frequency of
the violation warrants a higher penalty or an immediate civil penalty
assessment, or both, as determined by the department. In
no event, shall Except as otherwise provided
for pursuant to this Chapter, a civil penalty assessment
shall not exceed one hundred fifty dollars
($150) per day per violation.
1548.
(j) (1) A licensee shall
have the right to submit to the department a written request for a
formal review of a civil penalty assessed pursuant to subdivisions
(d) and (e) within 10 business days of receipt of the notice of a
civil penalty assessment and shall provide all supporting
documentation at that time. The review shall be conducted by the
deputy director of the Community Care Licensing Division. If the
department requires additional information from the licensee, that
information shall be requested within the first 30 calendar
business days after receiving the request
for review. If the deputy director determines that the civil penalty
was not assessed, or the finding of the deficiency that resulted in
the assessment of the civil penalty was not made, in accordance with
applicable statutes or regulations of the department, he or she may
amend or dismiss the civil penalty or finding of deficiency. The
licensee shall be notified in writing of the deputy director’s
decision within 60 calendar
business days of the request to review the
assessment of the civil penalty.
(k) (1) A licensee shall
have the right to submit to the department a written request for a
formal review of any other civil penalty or deficiency not described
in subdivision (j) within 10 business days of receipt of the notice
of a civil penalty assessment or a finding of a deficiency, and shall
provide all supporting documentation at that time. The review shall
be conducted by a regional manager of the Community Care Licensing
Division. If the department requires additional information from the
licensee, that information shall be requested within the first 30
calendar business
days after receiving the request for review. If the regional manager
determines that the civil penalty was not assessed, or the finding of
the deficiency was not made, in accordance with applicable statutes
or regulations of the department, he or she may amend or dismiss the
civil penalty or finding of deficiency. The licensee shall be
notified in writing of the regional manager’s decision within 60
calendar business
days of the request to review the civil penalty or finding of
deficiency.
(2) Upon exhausting the
review described in paragraph (1), the licensee may further appeal
that decision to the program administrator of the Community Care
Licensing Division within 10 business days of receipt of notice of
the regional manager’s decision. If the program administrator
determines that the civil penalty was not assessed, or the finding of
the deficiency was not made, in accordance with applicable statutes
or regulations of the department, he or she may amend or dismiss the
civil penalty or finding of deficiency. The licensee shall be
notified in writing of the program administrator’s decision within
60 calendar business
days of the request to review the civil penalty or finding of
deficiency.
SEC. 3.
1568.0822.
(b) The amount of the civil
penalty shall not be less than twenty-five dollars ($25) or more than
fifty dollars ($50) per day for each violation of this chapter,
except where the nature or seriousness of the violation or the
frequency of the violation warrants a higher penalty or an immediate
civil penalty assessment, or both, as determined by the department.
In no event, shall Except as
otherwise provided for pursuant to this Chapter, a civil
penalty assessment shall not exceed one hundred
fifty dollars ($150) per day per violation.
1568.0822.
(j) (1) A licensee shall
have the right to submit to the department a written request for a
formal review of a civil penalty assessed pursuant to subdivisions
(d) and (e) within 10 business days of receipt of the notice of a
civil penalty assessment and shall provide all supporting
documentation at that time. The review shall be conducted by the
deputy director of the Community Care Licensing Division. If the
department requires additional information from the licensee, that
information shall be requested within the first 30 calendar
business days after receiving the request
for review. If the deputy director determines that the civil penalty
was not assessed, or the finding of deficiency that resulted in the
assessment of the civil penalty was not made, in accordance with
applicable statutes or regulations of the department, he or she may
amend or dismiss the civil penalty or finding of deficiency. The
licensee shall be notified in writing of the deputy director’s
decision within 60 calendar
business days of the request to review the
assessment of the civil penalty.
(k) (1) A licensee shall
have the right to submit to the department a written request for a
formal review of any other civil penalty or deficiency not described
in subdivision (j) within 10 business days of receipt of the notice
of a civil penalty assessment or a finding of a deficiency, and shall
provide all supporting documentation at that time. The review shall
be conducted by a regional manager of the Community Care Licensing
Division. If the department requires additional information from the
licensee, that information shall be requested within the first 30
calendar business
days after receiving the request for review. If the regional manager
determines that the civil penalty was not assessed, or the finding of
the deficiency was not made, in accordance with applicable statutes
or regulations of the department, he or she may amend or dismiss the
civil penalty or finding of deficiency. The licensee shall be
notified in writing of the regional manager’s decision within 60
calendar business
days of the request to review the civil penalty or finding of
deficiency.
(2) Upon exhausting the
review described in paragraph (1), the licensee may further appeal
that decision to the program administrator of the Community Care
Licensing Division within 10 business days of receipt of notice of
the regional manager’s decision. If the program administrator
determines that the civil penalty was not assessed, or the finding of
the deficiency was not made, in accordance with applicable statutes
or regulations of the department, he or she may amend or dismiss the
civil penalty or finding of deficiency. The licensee shall be
notified in writing of the program administrator’s decision within
60 calendar business
days of the request to review the civil penalty or finding of
deficiency.
SEC. 5.
1569.49.
(b) The amount of the civil
penalty shall not be less than twenty-five dollars ($25) or more than
fifty dollars ($50) per day for each violation of this chapter except
where the nature or seriousness of the violation or the frequency of
the violation warrants a higher penalty or an immediate civil penalty
assessment, or both, as determined by the department. In
no event, shall Except as otherwise provided
for pursuant to this Chapter, a civil penalty assessment
shall not exceed one hundred fifty dollars
($150) per day per violation.
1569.49.
(j) (1) A licensee shall
have the right to submit to the department a written request for a
formal review of a civil penalty assessed pursuant to subdivisions
(d) and (e) within 10 business days of receipt of the notice of a
civil penalty assessment and shall provide all supporting
documentation at that time. The review shall be conducted by a
regional manager the deputy director of the Community Care Licensing
Division. If the department requires additional information from the
licensee, that information shall be requested within the first 30
calendar business
days after receiving the request for review. If the deputy director
determines that the civil penalty was not assessed, or the finding of
the deficiency that resulted in the assessment of the civil penalty
was not made, in accordance with applicable statutes or regulations
of the department, he or she may amend or dismiss the civil penalty
or finding of deficiency. The licensee shall be notified in writing
of the deputy director’s decision within 60 calendar
business days of the request to review the
assessment of the civil penalty.
(k) (1) A licensee shall
have the right to submit to the department a written request for a
formal review of any other civil penalty or deficiency not described
in subdivision (j) within 10 business days of receipt of the notice
of a civil penalty assessment or a finding of a deficiency, and shall
provide all supporting documentation at that time. The review shall
be conducted by a regional manager of the Community Care Licensing
Division. If the department requires additional information from the
licensee, that information shall be requested within the first 30
calendar business
days after receiving the request for review. If the regional manager
determines that the civil penalty was not assessed, or the finding of
the deficiency was not made, in accordance with applicable statutes
or regulations of the department, he or she may amend or dismiss the
civil penalty or finding of deficiency. The licensee shall be
notified in writing of the regional manager’s decision within 60
calendar business
days of the request to review the civil penalty or finding of
deficiency.
(2) Upon exhausting the
review described in paragraph (1), the licensee may further appeal
that decision to the program administrator of the Community Care
Licensing Division within 10 business days of receipt of notice of
the regional manager’s decision. If the program administrator
determines that the civil penalty was not assessed, or the finding of
the deficiency was not made, in accordance with applicable statutes
or regulations of the department, he or she may amend or dismiss the
civil penalty or finding of deficiency. The licensee shall be
notified in writing of the program administrator’s decision within
60 calendar business
days of the request to review the civil penalty or finding of
deficiency.
SEC. 6.
1596.99.
(b) The amount of the civil
penalty shall not be less than twenty-five dollars ($25) nor more
than fifty dollars ($50) per day for each violation of this chapter
except where the nature or seriousness of the violation or the
frequency of the violation warrants a higher penalty or an immediate
civil penalty assessment, or both, as determined by the department.
In no event, shall Except as
otherwise provided for pursuant to this Chapter, a civil
penalty assessment shall not exceed one hundred
fifty dollars ($150) per day per violation.
1596.99.
(k) (1) A licensee shall
have the right to submit to the department a written request for a
formal review of a civil penalty assessed pursuant to subdivisions
(d) and (e) within 10 business days of receipt of the notice of a
civil penalty assessment and shall provide all supporting
documentation at that time. The review shall be conducted by the
deputy director of the Community Care Licensing Division. If the
department requires additional information from the licensee, that
information shall be requested within the first 30 calendar
business r days after receiving the request
for review. If the deputy director determines that the civil penalty
was not assessed, or the finding of the deficiency that resulted in
the assessment of the civil penalty was not made, in accordance with
applicable statutes or regulations of the department, he or she may
amend or dismiss the civil penalty or finding of deficiency. The
licensee shall be notified in writing of the deputy director’s
decision within 60 calendar
business days of the request to review the
assessment of the civil penalty.
(l) (1) A licensee shall
have the right to submit to the department a written request for a
formal review of any other civil penalty or deficiency not described
in subdivision (k) within 10 business days of receipt of the notice
of a civil penalty assessment or a finding of a deficiency, and shall
provide all supporting documentation at that time. The review shall
be conducted by a regional manager of the Community Care Licensing
Division. If the department requires additional information from the
licensee, that information shall be requested within the first 30
calendar business
days after receiving the request for review. If the regional manager
determines that the civil penalty was not assessed, or the finding of
the deficiency was not made, in accordance with applicable statutes
or regulations of the department, he or she may amend or dismiss the
civil penalty or finding of deficiency. The licensee shall be
notified in writing of the regional manager’s decision within 60
calendar business
days of the request to review the civil penalty or finding of
deficiency.
(2) Upon exhausting the
review described in paragraph (1), the licensee may further appeal
that decision to the program administrator of the Community Care
Licensing Division within 10 business days of receipt of notice of
the regional manager’s decision. If the program administrator
determines that the civil penalty was not assessed, or the finding of
the deficiency was not made, in accordance with applicable statutes
or regulations of the department, he or she may amend or dismiss the
civil penalty or finding of deficiency. The licensee shall be
notified in writing of the program administrator’s decision within
60 calendar business
days of the request to review the civil penalty or finding of
deficiency.
SEC. 7.
1597.58.
(b) The amount of the civil
penalty shall not be less than twenty-five dollars ($25) nor more
than fifty dollars ($50) per day for each violation of this chapter
except where the nature or seriousness of the violation or the
frequency of the violation warrants a higher penalty or an immediate
civil penalty assessment or both, as determined by the department. In
no event, shall Except as otherwise provided
for pursuant to this Chapter, a civil penalty assessment
shall not exceed one hundred fifty dollars
($150) per day per violation.
1597.58.
(k) (1) A licensee shall
have the right to submit to the department a written request for a
formal review of a civil penalty assessed pursuant to subdivisions
(d) and (e) within 10 business days of receipt of the notice of a
civil penalty assessment and shall provide all supporting
documentation at that time. The review shall be conducted by the
deputy director of the Community Care Licensing Division. If the
department requires additional information from the licensee, that
information shall be requested within the first 30 calendar
business days after receiving the request
for review. If the deputy director determines that the civil penalty
was not assessed, or the finding of the deficiency that resulted in
the assessment of the civil penalty was not made, in accordance with
applicable statutes or regulations of the department, he or she may
amend or dismiss the civil penalty or finding of deficiency. The
licensee shall be notified in writing of the deputy director’s
decision within 60 calendar
business days of the request to review the
assessment of the civil penalty.
(l) (1) A licensee shall
have the right to submit to the department a written request for a
formal review of any other civil penalty or deficiency not described
in subdivision (k) within 10 business days of receipt of the notice
of a civil penalty assessment or a finding of a deficiency, and shall
provide all supporting documentation at that time. The review shall
be conducted by a regional manager of the Community Care Licensing
Division. If the department requires additional information from the
licensee, that information shall be requested within the first 30
calendar business
days after receiving the request for review. If the regional manager
determines that the civil penalty was not assessed, or the finding of
the deficiency was not made, in accordance with applicable statutes
or regulations of the department, he or she may amend or dismiss the
civil penalty or finding of deficiency. The licensee shall be
notified in writing of the regional manager’s decision within 60
calendar business
days of the request to review the civil penalty or finding of
deficiency.
(2) Upon exhausting the
review described in paragraph (1), the licensee may further appeal
that decision to the program administrator of the Community Care
Licensing Division within 10 business days of receipt of notice of
the regional manager’s decision. If the program administrator
determines that the civil penalty was not assessed, or the finding of
the deficiency was not made, in accordance with applicable statutes
or regulations of the department, he or she may amend or dismiss the
civil penalty or finding of deficiency. The licensee shall be
notified in writing of the program administrator’s decision within
60 calendar business
days of the request to review the civil penalty or finding of
deficiency.
PRIOR VOTES
Assembly Floor: |
74 - 0 |
Assembly Appropriations Committee: |
17 - 0 |
Assembly Human Services Committee: |
7 - 0 |
POSITIONS
Support:
California Assisted Living Association
California Advocates for Nursing Home Reform
Office of the State Long Term Care Ombudsman
Oppose:
None received.
-- END –
AB 1387
Page 2
Date of Hearing: May 13, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 1387
(Chu) – As Amended March 26, 2015
Policy Committee: |
Human Services |
Vote: |
7 - 0 |
|
|
|
|
|
|
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
Provides technical clean-up to AB 2236 (Maienschein), Chapter 813, Statutes of 2014. Specifically, this bill:
Deletes the requirement that revenues from civil penalties levied by the Department of Social Services (DSS) against licensed day care providers be used to assist families with the identification, transportation, and enrollment of children to another day care center when a family’s day care center’s license is revoked or temporarily suspended.
Deletes the requirement that revenues from civil penalties levied by DSS against licensed family day care home providers be used to assist families with the identification, transportation, and enrollment of children to another day care center when a family’s family day care home’s license is revoked or temporarily suspended.
FISCAL EFFECT:
Negligible state cost.
COMMENTS:
Purpose. This is a clean-up measure that repeals provisions inadvertently included in August 22, 2014, amendments made to AB 2236 (Maienschein) when the bill was in the Senate.
Child Care Resource & Referral (R&R) agencies: R&R agencies are located in every county in California and are charged with helping to ensure parents and their children get matched with the most appropriate child care option to meet a family’s needs. The many services they provide to help families include documenting parents’ requests for child care services, tracking a provider’s licensing status, and working with providers to improve the quality of child care and to expand the supply of child care in each county. While discussions are ongoing related to the state’s investment in child care and supportive services for families, the provisions being deleted in this bill are already addressed through the work of R&R agencies.
Prior Legislation: AB 2236 (Maienschein), Chapter 813, Statutes of 2014, among other provisions, imposed a new civil penalty structure, commencing July 1, 2015, for program violations in facilities licensed by the Community Care Licensing Division of DSS involving the death or physical abuse of, or serious bodily injury to, a resident or child at the care facility.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
AB 1387
Page 2
Date of Hearing: April 28, 2015
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Kansen Chu, Chair
AB 1387
(Chu) – As Amended March 26, 2015
SUBJECT: Care facilities: civil penalties
SUMMARY: Provides technical clean-up to AB 2236 (Maienschein), Chapter 813, Statutes of 2014.
Specifically, this bill:
Deletes the requirement that revenues from civil penalties levied by the Department of Social Services (DSS) against licensed day care providers be used to assist families with the identification, transportation, and enrollment of children to another day care center when a family’s day care center’s license is revoked or temporarily suspended.
Deletes the requirement that revenues from civil penalties levied by DSS against licensed family day care home providers be used to assist families with the identification, transportation, and enrollment of children to another day care center when a family’s family day care home’s license is revoked or temporarily suspended.
EXISTING LAW:
Authorizes DSS to levy a civil penalty against a licensed day care provider or a licensed family day care home in addition to the suspension, temporary suspension, or revocation of the license of either type of facility. Establishes civil penalty amounts that correspond to specific program violations and repeat violations in licensed day care centers and licensed family day care homes. (HSC 1596.99, 1597.58)
Requires revenues received by the state from the payment of civil penalties imposed on licensed day care centers or licensed family day care homes, as specified, to be deposited into the Child Health and Safety Fund for expenditure by the Legislature exclusively for the technical assistance, orientation, training and education of licensed day care center providers or licensed family day care homes, respectively. (HSC 1596.99, 1597.58)
Provides that, as of July 1, 2015, in addition to being used for technical assistance, orientation, training and education, revenues received from civil penalties imposed on licensed child care centers or licensed family day care homes, as specified, must also be used to assist families with the identification, transportation, and enrollment of children to another day care center or family day care home, respectively, when the license of the center or home is revoked or temporarily suspended. (HSC 1596.99, 1597.58, as amended by Chapter 813, Statutes of 2014)
Establishes in the State Treasury the Child Health and Safety Fund to derive funds, primarily, from the license plate program, as specified, to be expended upon appropriation by the Legislature for specified child-related health and safety purposes. Establishes an amount received from the license plate program to be available to DSS, upon appropriation, to carry out oversight and other administrative duties, as specified, in child day care centers and family day care homes. Additionally provides that moneys derived from civil penalties imposed on child day care facility providers are to be used by DSS, upon appropriation, exclusively for the technical assistance, orientation, training, and education of child day care facility providers. (WIC 18285)
Establishes child care resource and referral agencies for the purpose of identifying and maintaining information about the full range of existing child care services and assisting families with referrals to child care programs within a particular county. (EDC 8210 et seq.)
FISCAL EFFECT: This bill is keyed non-fiscal by the Office of Legislative Counsel.
COMMENTS: This is a clean-up measure that repeals provisions inadvertently included in August 22, 2014 amendments made to AB 2236 (Maienschein) when the bill was in the Senate.
Child Care Resource & Referral (R&R) agencies: R&R agencies are located in every county in California and are charged with helping to ensure parents and their children get matched with the most appropriate child care option to meet a family’s needs. The many services they provide to help families include documenting parents’ requests for child care services, tracking a provider’s licensing status, and working with providers to improve the quality of child care and to expand the supply of child care in each county. While discussions are ongoing related to the state’s investment in child care and supportive services for families, the provisions being deleted in this bill are already addressed through the work of R&R agencies.
PRIOR LEGISLATION:
AB 2236 (Maienschein), Chapter 813, Statutes of 2014, among other provisions, imposed a new civil penalty structure, commencing July 1, 2015, for program violations in facilities licensed by the Community Care Licensing Division of DSS involving the death or physical abuse of, or serious bodily injury to, a resident or child at the care facility.
DOUBLE REFERRAL. This bill has been double-referred. Should this bill pass out of this committee, it will be referred to the Assembly Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file.
Opposition
None on file.
Analysis Prepared by: Myesha Jackson / HUM. S. / (916) 319-2089
Discussed in Hearing
51SEC
Assembly Floor
2MIN
Senate Floor
31SEC
Senate Standing Committee on Appropriations
Bill Author
Bill Co-Author(s):