AB 426: Unlicensed residential foster care facilities: temporary placement management.

Existing law prohibits an unlicensed community care facility, as defined, from operating in the state, and prohibits a person, firm, partnership, association, or corporation within the state, or state or local public agency, from operating, establishing, managing, conducting, or maintaining a community care facility in this state, without a current, valid community care facility license. Existing law authorizes the department to assess an immediate civil penalty in the amount of $200 per day for a violation of either or both of those prohibitions, as specified.

This bill would additionally authorize the department to assess an immediate civil penalty in the amount of $1,000 for each day of the violation on a person, as defined, who provides residential care to children.

Existing law requires the Director of Social Services to follow specified procedures if the director believes that a county is substantially failing to comply with specified provisions of law or any regulation pertaining to any program administered by the department, including, among other things, taking formal action to secure compliance and providing counties with written notice of that action and a minimum of 30 days to correct its failure to comply.

This bill would additionally apply these procedures when a county has failed to comply with the California Community Care Facilities Act. The bill would additionally require the director to inform the county welfare director and the board of supervisors by written notice if the director is informed a county is failing to comply with any provision of law or regulation pertaining to any program administered by the department.