California Legislature—2013–14 Regular Session

Assembly Bill No. 1454

Introduced by Assembly Member Ian Calderon

January 9, 2014

An act to amend Sections 1534, 1569.20, 1569.33, 1597.09, and 1597.55a of the Health and Safety Code, relating to public social services.

LEGISLATIVE COUNSEL’S DIGEST

AB 1454, as introduced, Ian Calderon. Care facilities: regulatory visits.

Under existing law, the State Department of Social Services regulates the licensure and operation of community care facilities, residential care facilities for the elderly, child day care centers, and family day care homes. Existing law requires that these facilities be subject to unannounced visits by the department that occur at least once every 5 years. Existing law requires the department to conduct an annual unannounced visit under specified circumstances, including when a license is on probation, and to conduct annual unannounced visits to no less than 20% of the facilities not subject to an evaluation under those specified circumstances.

This bill would instead require these facilities to be subject to an annual unannounced visit by the department. The bill would require the department to conduct more frequent unannounced visits under specified circumstances. The bill would delete the provisions requiring the department to conduct annual unannounced visits to no less than 20% of the facilities and the provisions requiring an unannounced visit at least once every 5 years.

Existing law requires the department to immediately request a fire clearance and notify an applicant to arrange a time for the department to conduct a prelicensure survey if an application for initial licensure is complete.

This bill would provide that the prelicensure survey is optional at the discretion of the department if the department determines that an application is for licensure of a currently licensed facility, as specified.

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 begin insert an annual end insert unannounced begin delete visits end delete begin insert visit end insert 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 begin delete an annual unannounced visit end delete
begin insert more frequent unannounced visits end insert 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 begin delete an annual evaluation. end delete begin insert more frequent unannounced visits. end insert

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

(iv) When a facility requires begin delete an annual visit end delete begin insert end insert begin insert more frequent
unannounced visits end insert 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.

begin delete

(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.

end delete begin delete

(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.

end delete begin delete

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

end delete begin delete

(D)

end delete

begin insert (B) end insert  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
begin insert Part 1 of end insert Division 3 of Title 2 of the Government Code. In all
proceedings conducted in accordance with this begin delete section end delete begin insert section, end insert 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.

SEC. 2.  

Section 1569.20 of the Health and Safety Code is
amended to read:

1569.20.  

Upon the filing of the application for issuance of an
initial license, the department shall, within five working days of
the filing, make a determination regarding the completeness of the
application. If the application is complete, the department shall
immediately request a fire clearance and notify the applicant to
arrange a time for the department to conduct a prelicensure survey.
begin insert If the department determines that an application is for licensure
of a currently licensed facility for which there will be no material
change to the management or operations of the facility, the
prelicensure survey is optional at the discretion of the department. end insert
If the application is incomplete, the department shall notify the
applicant and request the necessary information. Within 60 days
of making a determination that the file is complete, the department
shall make a determination whether the application is in compliance
with this chapter and the rules and regulations of the department
and shall either immediately issue the license or notify the applicant
of the deficiencies. The notice shall specify whether the
deficiencies constitute denial of the application or whether further
corrections for compliance will likely result in approval of the
application.

SEC. 3.  

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

1569.33.  

(a) Every licensed residential care facility for the
elderly shall be subject to begin insert an annual end insert unannounced begin delete visits end delete begin insert visit end insert 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 begin delete an annual unannounced visit end delete
begin insert more frequent unannounced visits end insert 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 begin delete an annual evaluation. end delete begin insert more frequent unannounced visits. end insert

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

(4) When a facility requires begin delete an annual visit end delete begin insert more frequent
unannounced visits end insert 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.

begin delete

(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.

end delete begin delete

(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.

end delete begin delete

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

end delete begin delete

(e)

end delete

begin insert (c) end insert  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.

begin delete

(f)

end delete

begin insert (d) end insert  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.

begin delete

(g)

end delete

begin insert (e) end insert  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.

SEC. 4.  

Section 1597.09 of the Health and Safety Code is
amended to read:

1597.09.  

(a) Each licensed child day care center shall be
subject to begin insert an annual end insert unannounced begin delete visits end delete begin insert visit end insert 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 begin delete an annual unannounced visit end delete
begin insert more frequent unannounced visits end insert to a licensed child day care
center 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 begin delete an annual evaluation. end delete begin insert more frequent unannounced visits. end insert

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

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

begin delete

(c) (1) The department shall conduct an annual unannounced
visit 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.

end delete begin delete

(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
facilities not subject to an evaluation under subdivision (b). The
department may request additional resources to increase the random
sample by 10 percent.

end delete begin delete

(d) Under no circumstance shall the department visit a licensed
child day care center less often than once every five years.

end delete

SEC. 5.  

Section 1597.55a of the Health and Safety Code is
amended to read:

1597.55a.  

Every family day care home shall be subject to begin insert an
annual end insert unannounced begin delete visits end delete begin insert visit end insert by the department as provided in
this section. The department shall visit these facilities as often as
necessary to ensure the quality of care provided.

(a) The department shall conduct an announced site visit prior
to the initial licensing of the applicant.

(b) The department shall conduct begin delete an annual unannounced visit end delete
begin insert more frequent unannounced visits end insert to 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 begin delete an annual evaluation. end delete begin insert more frequent unannounced visits. end insert

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

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

begin delete

(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.

end delete begin delete

(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.

end delete begin delete

(d) Under no circumstance shall the department visit a licensed
family day care home less often than once every five years.

end delete begin delete

(e)

end delete

begin insert (c) end insert  A public agency under contract with the department may
make spot checks if it does not result in any cost to the state.
However, spot checks shall not be required by the department.

begin delete

(f)

end delete

begin insert (d) end insert  The department or licensing agency shall make an
unannounced site visit on the basis of a complaint and a followup
visit as provided in Section 1596.853.

begin delete

(g)

end delete

begin insert (e) end insert  An unannounced site visit shall adhere to both of the
following conditions:

(1) The visit shall take place only during the facility’s normal
business hours or at any time family day care services are being
provided.

(2) The inspection of the facility shall be limited to those parts
of the facility in which family day care services are provided or
to which the children have access.

begin delete

(h)

end delete

begin insert (f) end insert  The department shall implement this section during periods
that Section 1597.55b is not being implemented in accordance
with Section 18285.5 of the Welfare and Institutions Code.