Amended in Assembly April 1, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 364

Introduced by Assembly Member Ian Calderon

February 14, 2013

An act to amend begin delete Section end delete begin insert Sections end insert 1534 begin insert and 1569.33 end insert of the Health and Safety Code, relating to community care facilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 364, as amended, 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.

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The California Residential Care Facilities for the Elderly Act provides for the licensure and regulation of residential care facilities for the elderly by the department. The act requires that every licensed residential care facility for the elderly be subject to unannounced visits by the department and requires the department to visit these facilities as often as necessary to ensure the quality of care provided, but no less often than once every 5 years.

end insert

This bill would instead require the department to visit a community care facility begin insert or a residential care facility for the elderly end insert 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 1.  

Section 1534 of the Health and Safety Code is
amended to read:

1534.  

(a) (1) Every licensed community care facility shall be
subject to unannounced visits by the department. The department
shall visit these facilities as often as necessary to ensure the quality
of care provided.

(A) The department shall conduct an annual unannounced visit
to a facility under any of the following circumstances:

(i) When a license is on probation.

(ii) When the terms of agreement in a facility compliance plan
require an annual evaluation.

(iii) When an accusation against a licensee is pending.

(iv) When a facility requires an annual visit as a condition of
receiving federal financial participation.

(v) In order to verify that a person who has been ordered out of
a facility by the department is no longer at the facility.

(B) (i) The department shall conduct annual unannounced visits
to no less than 20 percent of facilities not subject to an evaluation
under subparagraph (A). These unannounced visits shall be
conducted based on a random sampling methodology developed
by the department.

(ii) If the total citations issued by the department exceed the
previous year’s total by 10 percent, the following year the
department shall increase the random sample by an additional 10
percent of the facilities not subject to an evaluation under
subparagraph (A). The department may request additional resources
to increase the random sample by 10 percent.

(C) Under no circumstance shall the department visit a
community care facility less often than once every two years.

(D) In order to facilitate direct contact with group home clients,
the department may interview children who are clients of group
homes at any public agency or private agency at which the client
may be found, including, but not limited to, a juvenile hall,
recreation or vocational program, or a nonpublic school. The
department shall respect the rights of the child while conducting
the interview, including informing the child that he or she has the
right not to be interviewed and the right to have another adult
present during the interview.

(2) The department shall notify the community care facility in
writing of all deficiencies in its compliance with the provisions of
this chapter and the rules and regulations adopted pursuant to this
chapter, and shall set a reasonable length of time for compliance
by the facility.

(3) Reports on the results of each inspection, evaluation, or
consultation shall be kept on file in the department, and all
inspection reports, consultation reports, lists of deficiencies, and
plans of correction shall be open to public inspection.

(b) (1) Nothing in this section shall limit the authority of the
department to inspect or evaluate a licensed foster family agency,
a certified family home, or any aspect of a program where a
licensed community care facility is certifying compliance with
licensing requirements.

(2) Upon a finding of noncompliance by the department, the
department may require a foster family agency to deny or revoke
the certificate of approval of a certified family home, or take other
action the department may deem necessary for the protection of a
child placed with the family home. The family home shall be
afforded the due process provided pursuant to this chapter.

(3) If the department requires a foster family agency to deny or
revoke the certificate of approval, the department shall serve an
order of denial or revocation upon the certified or prospective
foster parent and foster family agency that shall notify the certified
or prospective foster parent of the basis of the department’s action
and of the certified or prospective foster parent’s right to a hearing.

(4) Within 15 days after the department serves an order of denial
or revocation, the certified or prospective foster parent may file a
written appeal of the department’s decision with the department.
The department’s action shall be final if the certified or prospective
foster parent does not file a written appeal within 15 days after the
department serves the denial or revocation order.

(5) The department’s order of the denial or revocation of the
certificate of approval shall remain in effect until the hearing is
completed and the director has made a final determination on the
merits.

(6) A certified or prospective foster parent who files a written
appeal of the department’s order with the department pursuant to
this section shall, as part of the written request, provide his or her
current mailing address. The certified or prospective foster parent
shall subsequently notify the department in writing of any change
in mailing address, until the hearing process has been completed
or terminated.

(7) Hearings held pursuant to this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of
Division 3 of Title 2 of the Government Code. In all proceedings
conducted in accordance with this section the standard of proof
shall be by a preponderance of the evidence.

(8) The department may institute or continue a disciplinary
proceeding against a certified or prospective foster parent upon
any ground provided by this section, enter an order denying or
revoking the certificate of approval, or otherwise take disciplinary
action against the certified or prospective foster parent,
notwithstanding any resignation, withdrawal of application,
surrender of the certificate of approval, or denial or revocation of
the certificate of approval by the foster family agency.

(9) A foster family agency’s failure to comply with the
department’s order to deny or revoke the certificate of employment
by placing or retaining children in care shall be grounds for
disciplining the licensee pursuant to Section 1550.

begin insert

begin insert SEC. end insert begin insert 2. end insert   

end insert

begin insert Section 1569.33 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1569.33.  

(a) Every licensed residential care facility for the
elderly shall be subject to unannounced visits by the department.
The department shall visit these facilities as often as necessary to
ensure the quality of care provided.

(b) The department shall conduct an annual unannounced visit
of a facility under any of the following circumstances:

(1) When a license is on probation.

(2) When the terms of agreement in a facility compliance plan
require an annual evaluation.

(3) When an accusation against a licensee is pending.

(4) When a facility requires an annual visit as a condition of
receiving federal financial participation.

(5) In order to verify that a person who has been ordered out of
the facility for the elderly by the department is no longer at the
facility.

(c) (1) The department shall conduct annual unannounced visits
to no less than 20 percent of facilities not subject to an evaluation
under subdivision (b). These unannounced visits shall be conducted
based on a random sampling methodology developed by the
department.

(2) If the total citations issued by the department exceed the
previous year’s total by 10 percent, the following year the
department shall increase the random sample by 10 percent of the
facilities not subject to an evaluation under subdivision (b). The
department may request additional resources to increase the random
sample by 10 percent.

(d) Under no circumstance shall the department visit a residential
care facility for the elderly less often than once every begin delete five end delete begin insert two end insert
years.

(e) The department shall notify the residential care facility for
the elderly in writing of all deficiencies in its compliance with the
provisions of this chapter and the rules and regulations adopted
pursuant to this chapter, and shall set a reasonable length of time
for compliance by the facility.

(f) Reports on the results of each inspection, evaluation, or
consultation shall be kept on file in the department, and all
inspection reports, consultation reports, lists of deficiencies, and
plans of correction shall be open to public inspection.

(g) As a part of the department’s evaluation process, the
department shall review the plan of operation, training logs, and
marketing materials of any residential care facility for the elderly
that advertises or promotes special care, special programming, or
a special environment for persons with dementia to monitor
compliance with Sections 1569.626 and 1569.627.