AB 364, as introduced, Ian Calderon. Community care facilities: unannounced visits.
The California Community Care Facilities Act provides for the licensure and regulation of community care facilities by the State Department of Social Services. Existing law requires, except as otherwise specified, that every licensed community care facility be subject to unannounced visits by the department and requires the department to visit the facilities as often as necessary to ensure the quality of care provided, but no less often than once every 5 years.
This bill would instead require the department to visit a community care facility no less often than once every 2 years.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1534 of the Health and Safety Code is
2amended to read:
(a) (1) Every licensed community care facility shall be
4subject to unannounced visits by the department. The department
P2 1shall visit these facilities as often as necessary to ensure the quality
2of care provided.
3(A) The department shall conduct an annual unannounced visit
4to a facility under any of the following circumstances:
5(i) When a license is on probation.
6(ii) When the terms of agreement in a facility compliance plan
7require an annual evaluation.
8(iii) When an accusation against a licensee is pending.
9(iv) When a facility requires an annual visit as a condition of
10receiving federal financial participation.
11(v) In order to verify that a person who has been ordered out of
12a facility by the department is no longer at the facility.
13(B) (i) The department shall conduct annual unannounced visits
14to no less than 20 percent of facilities not subject to an evaluation
15under subparagraph (A). These unannounced visits shall be
16conducted based on a random sampling methodology developed
17by the department.
18(ii) If the total citations issued by the department exceed the
19previous year’s total by 10 percent, the following year the
20department shall increase the random sample by an additional 10
21percent of the facilities not subject to an evaluation
under
22subparagraph (A). The department may request additional resources
23to increase the random sample by 10 percent.
24(C) Under no circumstance shall the department visit a
25community care facility less often than once everybegin delete fiveend deletebegin insert
twoend insert years.
26(D) In order to facilitate direct contact with group home clients,
27the department may interview children who are clients of group
28homes at any public agency or private agency at which the client
29may be found, including, but not limited to, a juvenile hall,
30recreation or vocational program, or a nonpublic school. The
31department shall respect the rights of the child while conducting
32the interview, including informing the child that he or she has the
33right not to be interviewed and the right to have another adult
34present during the interview.
35(2) The department shall notify the community care facility in
36writing of all deficiencies in its compliance with the provisions of
37this chapter and the rules and regulations adopted pursuant to this
38chapter, and shall set a reasonable length of time for compliance
39by the facility.
P3 1(3) Reports on the results of each inspection, evaluation, or
2consultation shall be kept on file in the department, and all
3inspection reports, consultation reports, lists of deficiencies, and
4plans of correction shall be open to public inspection.
5(b) (1) Nothing in this section shall limit the authority of the
6department to inspect or evaluate a licensed foster family agency,
7a certified family home, or any aspect of a program where a
8licensed community care facility is certifying compliance with
9licensing requirements.
10(2) Upon a finding of noncompliance by the department, the
11department may require a foster family agency to deny or revoke
12the certificate of approval of a certified family home, or take other
13action the department may deem necessary for the protection of a
14child placed with the
family home. The family home shall be
15afforded the due process provided pursuant to this chapter.
16(3) If the department requires a foster family agency to deny or
17revoke the certificate of approval, the department shall serve an
18order of denial or revocation upon the certified or prospective
19foster parent and foster family agency that shall notify the certified
20or prospective foster parent of the basis of the department’s action
21and of the certified or prospective foster parent’s right to a hearing.
22(4) Within 15 days after the department serves an order of denial
23or revocation, the certified or prospective foster parent may file a
24written appeal of the department’s decision with the department.
25The department’s action shall be final if the certified or prospective
26foster parent does not file a written appeal within 15 days after the
27department serves the denial or revocation
order.
28(5) The department’s order of the denial or revocation of the
29certificate of approval shall remain in effect until the hearing is
30completed and the director has made a final determination on the
31merits.
32(6) A certified or prospective foster parent who files a written
33appeal of the department’s order with the department pursuant to
34this section shall, as part of the written request, provide his or her
35current mailing address. The certified or prospective foster parent
36shall subsequently notify the department in writing of any change
37in mailing address, until the hearing process has been completed
38or terminated.
39(7) Hearings held pursuant to this section shall be conducted in
40accordance with Chapter 5 (commencing with Section 11500) of
P4 1Division 3 of Title 2 of the Government Code. In all proceedings
2conducted in
accordance with this section the standard of proof
3shall be by a preponderance of the evidence.
4(8) The department may institute or continue a disciplinary
5proceeding against a certified or prospective foster parent upon
6any ground provided by this section, enter an order denying or
7revoking the certificate of approval, or otherwise take disciplinary
8action against the certified or prospective foster parent,
9notwithstanding any resignation, withdrawal of application,
10surrender of the certificate of approval, or denial or revocation of
11the certificate of approval by the foster family agency.
12(9) A foster family agency’s failure to comply with the
13department’s order to deny or revoke the certificate of employment
14by placing or retaining children in care shall be grounds for
15disciplining the licensee pursuant to Section 1550.
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