AB 1460,
as amended, Committee on Budget. begin deleteBudget Act of 2014. end deletebegin insertHuman services.end insert
(1) Under existing law, the State Department of Social Services regulates the licensure and operation of various types of facilities, including community care facilities, residential care facilities for the elderly, residential care facilities for persons with chronic, life-threatening illness, child day care centers, and family day care homes. Existing law requires that some of these facilities be subject to unannounced visits by the department at least once every 5 years.
end insertbegin insertExisting law, the California Community Care Facilities Act, provides for the licensure and regulation of foster family agencies, as defined, by the department. Under existing law, foster family agencies certify foster family homes and find homes or other placements for children. Existing law specifies how foster family agencies are required to carry out these functions, including a requirement that a foster family agency annually recertify a certified family home. A violation of these provisions, or the willful or repeated violation of any rule or regulation promulgated under this provision, is a crime.
end insertbegin insertThis bill would require a foster family agency to conduct an announced inspection of a certified family home during the annual recertification and an unannounced inspection when certain circumstances are present, including when a certified family home is on probation. The bill would also authorize a foster family agency to inspect a certified family home more frequently than annually in order to ensure the quality of care provided. The bill would clarify that certain provisions relating to regulation and licensing of community care facilities generally are applicable to certified family homes approved by a foster family agency. By expanding the scope of a crime, this bill would impose a state-mandated local program.
end insertbegin insert(2) Existing law requires the department to inspect a residential care facility for persons with chronic, life-threatening illness within 90 days after the facility accepts its first resident for placement following its initial licensure. Existing law also requires that evaluations be conducted annually and as often as necessary to ensure the quality of care being provided.
end insertbegin insertThis bill would instead require that annual inspections be conducted at least annually and that both types of inspections conducted pursuant to these provisions be unannounced.
end insertbegin insert(3) Existing law, the California Residential Care Facilities for the Elderly Act, provides for the department to license and regulate residential care facilities for the elderly. A violation of the act is a misdemeanor.
end insertbegin insertExisting law requires the department to immediately request a fire clearance and notify an applicant for a license to operate a residential care facility for the elderly to arrange a time for the department to conduct a prelicensure survey if an application for initial licensure is complete.
end insertbegin insertThis bill would provide that the prelicensure inspection is optional at the discretion of the department 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.
end insertbegin insert(4) Existing law requires, if the Director of Social Services determines that it is necessary to temporarily suspend a license of a residential care facility for the elderly in order to protect the residents or clients of the facility from physical or mental abuse, abandonment, or any other substantial threat to health or safety, the department to make every effort to minimize trauma for the residents. Existing law authorizes and requires the department, in the event of a temporary license suspension or revocation, to comply with specified procedures relating to the transfer of residents, including requiring the department to contact and work with any local agency that may have placement or advocacy responsibility for the residents of a residential care facility for the elderly, as specified, to locate alternative placement sites and contact responsible relatives. Existing law requires, upon an order to revoke a license, a licensee to provide a 60-day written notice of license revocation that may lead to closure to the resident and the resident’s responsible person within 24 hours of receipt of the department’s order of revocation. Existing law entitles a resident who transfers from the facility during that 60-day period to a refund of preadmission fees in accordance with specified provisions.
end insertbegin insertThis bill would require, if the Director of Social Services determines at any time during or following a temporary suspension or revocation of a license that there is a risk to the residents or clients of the facility from physical or mental abuse, abandonment, or any other substantial threat to health or safety, the department to take any necessary action to minimize trauma for the residents, including, but not limited to, arranging for the preparation of the residents’ records and medications for transfer and checking in on the status of each transferred resident within 24 hours of transfer. The bill would additionally require the department to contact the Office of the State Long-Term Care Ombudsman after a decisions is made to temporarily suspend or upon a final order revoke a license that is likely to result in closure of the facility. The bill would also require, upon an order to temporarily suspend a license, a licensee to immediately provide a written notice of license suspension to the resident and initiate contact with the resident’s responsible person, as specified, and would entitle a resident who transfers due to the receipt of a notice of a temporary suspension or revocation of license to be entitled to a refund of preadmission fees.
end insertbegin insertThis bill would prohibit a licensee, upon receipt of an order to temporarily suspend or revoke a license, from accepting new residents or entering into admission agreements for new residents. The bill would generally make a licensee who fails to comply with the requirements of these provisions liable for civil penalties in the amount of $500 per violation per day for each day that the licensee is in violation of these provisions until the violation has been corrected. By expanding the scope of a crime, this bill would impose a state-mandated local program.
end insertbegin insert(5) The bill would authorize the department to appoint a temporary manager to assume the operation of a residential care facility for the elderly for 60 days, subject to extension by the department, when specified circumstances exist, including when the director determines that it is necessary to temporarily suspend the license of the facility and immediate relocation of the residents of the facility is not feasible, or when the licensee has opted to secure a temporary manager in response to a final order to revoke a license. The bill would set forth the duties of the temporary manager, would limit the expenditures and encumbrances by the temporary manager unless approved by the department, and would require that the costs of the temporary manager be paid directly by the facility while the temporary manager is assigned. To the extent department funds are used for the costs of the temporary manager or related expenses, the bill would require the department to be reimbursed from the revenues accruing to the facility or to the licensee, and to the extent those revenues are insufficient, the bill would require that the unreimbursed amount constitute a lien upon the asset of the facility or the proceeds from the sale of the facility, as specified.
end insertbegin insertThe bill would also authorize the department to apply for a court order appointing a receiver to temporarily operate a community care facility or a residential care facility for the elderly for no more than 3 months, subject to extension by the department, when circumstances exist indicating that continued management of the facility by the licensee would present a substantial probability of imminent danger or serious physical harm or death to the clients or residents or the facility is closing and adequate arrangements for the relocation of clients or residents have not been made. The bill would specify the duties of a receiver appointed pursuant to these provisions and would require that the salary of the receiver be set by the court and be paid from the revenue coming to the facility. In the event the revenue is insufficient, the bill would require that the salary be paid from the emergency client contingency fund. The bill would require that state funds advanced to pay for that salary or other related expenses be reimbursed from the revenues accruing to the facility. If those revenues are insufficient, the bill would require that the unreimbursed amount constitute a lien on the assets of the facility.
end insertbegin insert(6) Existing law establishes a schedule of licensing fees to be charged by the department for each type of facility, and provides for these fees to be deposited into the Technical Assistance Fund.
end insertbegin insertThis bill would increase the licensure and renewal fees for community care facilities, residential care facilities for persons with chronic, life-threatening illness, residential care facilities for the elderly, and child day care facilities, and would require the department to adjust the fees assessed against licensees as necessary to ensure they do not exceed specified costs.
end insertbegin insert(7) Existing law authorizes the department to impose various civil penalties for various licensing violations. Existing law authorizes the department to transmit no more than 1⁄2 of those penalties assessed against community care facilities and residential care facilities for the elderly to be used to establish an emergency resident relocation fund to be utilized for the care and relocation of residents when the license of a community care facility or a residential care facility for the elderly is revoked or temporarily suspended, when appropriated by the Legislature. Existing law requires the department to seek the advice of providers in developing a state plan for emergency resident relocation.
end insertbegin insertThe bill would instead authorize the creation of an emergency client contingency account and an emergency resident contingency account within the Technical Assistance Fund to be used, at the discretion of the Director of the State Department of Social Services, for the care and relocation of clients and residents when a facility’s license is revoked or temporarily suspended. The bill would require the department to seek the input of stakeholders and local agencies in developing policies for emergency client or resident care and supervision. The bill would also authorize the civil penalties deposited in the Technical Assistance Fund to be used for the technical assistance, training, and education of licensees.
end insertbegin insert(8) This bill would provide that it is the intent of the Legislature to comprehensively increase the penalties for facilities licensed by the State Department of Social Services in subsequent legislation, with particular emphasis on penalties for violations that result in serious injury or death.
end insertbegin insert(9) This bill would provide that it is the intent of the Legislature that increased staffing and funding resources for the State Department of Social Service’s Community Care Licensing Division appropriated in the Budget Act of 2014 be used to enhance the division’s structure and improve operations, as specified. The bill also provides that it is the intent of the Legislature to, over a period of time, increase the frequency of facility inspections resulting in annual inspections for some or all facility types. The bill would require the State Department of Social Services to update the Legislature on the status of the structural and quality enhancement improvements during the 2015-16 legislative budget subcommittee hearings.
end insertbegin insert(10) The Home Care Services Consumer Protection Act, operative January 1, 2015, provides for the licensure and regulation of home care organizations, as defined, by the State Department of Social Services, and the registration of home care aides. The act excludes specified entities from the definition of a home care organization and does not include certain types of individuals as home care aides for the purposes of these provisions. The act requires background clearances for home care aides, as prescribed, and sets forth specific duties of the home care organization, the department, and the Department of Justice in this regard. The act requires home care aides hired after January 1, 2015, to demonstrate they are free of active tuberculosis. A violation of the act is a crime.
end insertbegin insertThis bill would revise and recast the provisions of the act and delay the implementation date of the act to January 1, 2016. Specifically, the bill would delete those provisions of the act that exempt specified individuals from the registration requirements for home care aides described above and expand the list of individuals and entities that are not considered home care aides or home care organizations, respectively, for purposes of the act. The bill would require that each home care organization be separately licensed, as specified. This bill would additionally require the chief executive officer or other person serving in a similar capacity in a home care organization, as specified, to consent to a background examination. The bill would prohibit the department from issuing a provisional license or license to any corporate home care organization applicant that has a member of the board of directors, executive director, or officer who is not eligible for licensure, as specified.
end insertbegin insertThis bill would revise the licensure requirements of a home care organization to additionally require certain disclosures and proof of an employee dishonesty bond. The bill would also revise the license renewal requirements for home care organizations to include, among other things, specified insurance and workers’ compensation policies and being current on all fees and civil penalties due to the department. The bill would provide certain review procedures for applications for licensure received by the department. The bill would, among other things, require the department to cease any further review of an application for a specified period of time if it is determined that the home care organization applicant was previously issued a license pursuant to the act or other specified provisions of law and that license was revoked, as specified. The bill would apply similar requirements to a home care organization applicant that had previously applied for a certificate of approval with a foster family agency and was denied, as specified. The bill would also authorize the department to exclude a person from acting as, and require the home care organization to remove that person from, his or her position as a member of the board of directors, an executive director, or an officer of a licensee if the department determines that the person was previously issued a license pursuant to the act or other specified provisions of law and that license was revoked, as specified, or if the person was previously issued a certificate of approval by a foster family agency that was subsequently revoked, as specified.
end insertbegin insertThis bill would require home care organization licensees to report any suspected or known dependent adult, elder, or child abuse to the department. The bill would require the department, upon receipt of these reports, to cross-report the suspected or known abuse to local law enforcement and Adult Protective Services or Child Protected Services, as specified. The bill would authorize home care organization applicants and home care aide applicants who submit applications prior to January 1, 2016, to provide home care services without meeting the tuberculosis requirements described above, provided those requirements are met by July 1, 2016. The bill would authorize the department to adopt and readopt emergency regulations to implement and administer the provisions of the act, as specified.
end insertbegin insertThis bill would require all fines and penalties collected for violations of the above provisions to be deposited into the Home Care Technical Assistance Fund, which would be created by the bill. The bill would require that the moneys in the fund be made available to the department upon appropriation by the Legislature for specified purposes.
end insertbegin insertBy expanding the scope of existing crimes, this bill would impose a state-mandated local program.
end insertbegin insert(11) Existing law, the California Community Care Facilities Act, provides for the licensure and inspection of community care facilities, including, but not limited to, group homes, by the State Department of Social Services. Existing law makes any violation of the act a misdemeanor.
end insertbegin insertThis bill would require each person employed as a facility manager or staff member of a group home on or after October 1, 2014, to be at least 21 years of age, except as specified. Because a violation of this requirement would be a crime, the bill would impose a state-mandated local program.
end insertbegin insert(12) Existing law authorizes the Director of Social Services to enter into an agreement with a tribe, consortium of tribes, or tribal organization, regarding the care and custody of Indian children and jurisdiction over Indian child custody proceedings, under specified circumstances. Pursuant to these agreements, these child welfare activities are delegated to the tribe, consortium of tribes, or tribal organization, which is also required to provide specified matching funds. Existing law specifies the share of costs required of the tribe, consortium of tribes, or tribal organization operating a program pursuant to these agreements.
end insertbegin insertThis bill would, notwithstanding those provisions, adjust the tribal share of costs commencing July 1, 2014.
end insertbegin insert(13) Existing law requires a county welfare department to refer all cases in which a parent is absent from the home, or as specified, to the local child support agency immediately at the time of the application for public assistance, except as specified.
end insertbegin insertExisting law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families (TANF) block grant program, state, and county funds. Existing law requires each applicant or recipient to, as a condition of eligibility for aid paid under CalWORKs, assign to the county any rights to support from any other person the applicant or recipient may have on his or her own behalf, or on behalf of any other family member for whom the applicant or recipient is applying for or receiving aid, and to cooperate with the county welfare department and local child support agency in establishing the paternity of a child of the applicant or recipient born out of wedlock with respect to whom aid is claimed, and in establishing, modifying, or enforcing a support order with respect to a child of the individual for whom aid is requested or obtained.
end insertbegin insertThe bill would exempt from these provisions an assistance unit that excludes any adults pursuant to specified provisions of law, including a provision that makes an individual ineligible for CalWORKs aid if the individual has been convicted in state or federal court after December 31, 1997.
end insertbegin insert(14) Under existing law, with certain exceptions, an applicant or recipient, as a condition of eligibility for aid under the CalWORKs program, is required to participate in welfare-to-work activities for a specified number of hours each week.
end insertbegin insertThe bill would modify the number of welfare-to-work participation hours to conform to certain federal requirements.
end insertbegin insert(15) Existing law requires the State Department of Social Services to administer a voluntary Temporary Assistance Program (TAP) to provide cash assistance and other benefits to specified current and future CalWORKs recipients who meet the exemption criteria for participation in welfare-to-work activities and are not single parents who have a child under one year of age. Existing law requires the TAP to commence no later than October 1, 2014.
end insertbegin insertThis bill would delay the commencement date of the TAP until October 1, 2016.
end insertbegin insert(16) Existing law establishes maximum aid grant amounts to be provided under the CalWORKs program, subject to specified adjustments. Existing law increases the maximum aid payments in effect on July 1, 2012, by 5% commencing March 1, 2014.
end insertbegin insertThis bill would increase aid payments by 5% as of April 1, 2015.
end insertbegin insert(17) Under existing law, after a family has used all available liquid resources in excess of $100, the family is entitled to receive a CalWORKS allowance for nonrecurring special needs, including homeless assistance.
end insertbegin insertThis bill would specify that a recipient of CalWORKs benefits is eligible to receive specified housing supports, including financial assistance and housing stabilization and relocation, if the county determines that the recipient’s family is experiencing homelessness or housing instability that would be a barrier to self-sufficiency or child well-being. The bill would require the State Department of Social Services, in consultation with the County Welfare Directors Association of California, to, among other things, develop criteria by which counties may opt to participate in providing housing supports to eligible recipients of CalWORKs benefits. The bill would include a statement of legislative findings and declarations.
end insertbegin insert(18) Under existing law, with certain exceptions, every individual, as a condition of eligibility for aid under the CalWORKs program, is required to participate in welfare-to-work activities. Existing law authorizes recipients to participate in family stabilization if the county determines that his or her family is experiencing an identified situation or crisis that is destabilizing the family and would interfere with participation in welfare-to-work activities and services.
end insertbegin insertThis bill would authorize funds allocated for family stabilization to be used to provide housing and other needed services to a family during any month that a family is participating in family stabilization. The bill would state the intent of the legislature that family stabilization is a voluntary component intended to provide needed services and constructive interventions for parents and to assist in barrier removal for families facing very difficult needs.
end insertbegin insert(19) Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county.
end insertbegin insertExisting law requires the Department of Community Services and Development to receive and administer the federal Low-Income Home Energy Assistance Program (LIHEAP) block grant. Under existing law, to the extent permitted by federal law, the State Department of Social Services, in conjunction with the Department of Community Services and Development, is required to design, implement, and maintain a utility assistance initiative to provide applicants and recipients of CalFresh benefits a nominal LIHEAP service benefit, as specified, out of the federal LIHEAP block grant.
end insertbegin insertThis bill would repeal those provisions and instead, effective July 1, 2014, create the State Utility Assistance Subsidy (SUAS), a state-funded energy assistance program. The bill would require the Department of Community Services and Development to delegate authority over the program to the State Department of Social Services. The bill would require the State Department of Social Services, among other things, in designing, implementing, and maintaining the SUAS program, to provide households that do not currently qualify for, nor receive, a standard utility allowance with a SUAS benefit, as specified, if the household would become eligible for CalFresh benefits or would receive increased benefits if the standard utility allowance was provided. The bill would condition the implementation of these provisions on an appropriation of funds by the Legislature in the annual Budget Act or related legislation. To the extent that the bill would increased the administrative duties of county welfare departments, the bill would impose a state-mandated local program.
end insertbegin insert(20) Existing law requires the State Department of Social Services, to the extent permitted by federal law, to design and implement a program of categorical eligibility for the purpose of establishing the gross income limit for the federal Temporary Assistance for Needy Families and state maintenance of effort funded service that confers categorical eligibility for those needy households and that includes a member who receives, or is eligible to receive, medical assistance under the Medi-Cal program.
end insertbegin insertThis bill would, effective July 1, 2014, delete those provisions.
end insertbegin insert(21) Existing law requires each county to pay 30% of the nonfederal share of costs of administering the CalFresh program. Existing law also requires counties to expend an amount for programs that provide services to needy families that, when combined with the funds expended above for the administration of the CalFresh program, equals or exceeds the amount spent by the county for corresponding activities during the 1996-97 fiscal year. Existing law provides that any county that equals or exceeds the amount spent by the county for corresponding activities during the 1996-97 fiscal year entirely through expenditures for the administration of the CalFresh program in the 2010-11, 2011-12, 2012-13, and 2013-14 fiscal years shall receive the full General Fund allocation for the administration of the CalFresh program without paying the county’s share of the nonfederal costs for the amount above the 1996-97 expenditure requirement.
end insertbegin insertThis bill would extend counties’ eligibility to receive the full allocation for CalFresh administration under the above circumstances to the 2014-15 fiscal year. The bill would also reduce the amount of the waiver throughout subsequent fiscal years, as specified, and would eliminate the waiver by the 2018-19 fiscal year.
end insertbegin insert(22) Existing law requires the State Department of Social Services to annually report to the appropriate fiscal and policy committees of the Legislature and to post on its Internet Web site a summary of outcome and expenditure data that allows for monitoring the changes of the 2011 realignment of child welfare services, foster care, adoptions, and adult protective services programs.
end insertbegin insertThis bill would require the report to contain specified information, including the child welfare services social worker caseloads per county.
end insertbegin insert(23) Existing law establishes the State Department of Social Services and sets forth its duties and responsibilities regarding ensuring that the needs of foster children are met by local child welfare agencies and foster care providers. Existing law declares the findings of the Legislature that there is a need to develop programs to provide the kinds of innovative strategies and services that will ameliorate, reduce, and ultimately eliminate the trauma of child sexual abuse.
end insertbegin insertThis bill would establish the Commercially Sexually Exploited Children Program to be administered by the State Department of Social Services in order to adequately serve children who have been sexually exploited, and would require the department, in consultation with the County Welfare Directors Association of California, to develop an allocation methodology to distribute funding for the program. The bill would authorize the use of these funds by counties electing to participate in the program for certain prevention and intervention activities and services to children who are victims, or at risk of becoming victims, of commercial sexual exploitation. The bill would require the department to contract to provide training for county children’s services workers to identify, intervene, and provide case management services to children who are victims of commercial sexual exploitation, and the training of foster caregivers for the prevention and identification of potential victims, as specified. The bill would also require the department to ensure that the Child Welfare Services/Case Management System is capable of collecting data concerning children who are commercially sexually exploited, as specified. The bill would require the department, no later than April 1, 2017, to provide to the Legislature information regarding the implementation of the program.
end insertbegin insertThis bill would require each county electing to receive funds pursuant to the provisions described above to develop an interagency protocol to be utilized in serving sexually exploited children who have been adjudged to be a dependent child of the juvenile court. The bill would require the county interagency protocol to be developed by a team led by a representative of the county human services department and to include representatives from specified county agencies and the juvenile court.
end insertbegin insertThis bill would make these provisions operative on January 1, 2015.
end insertbegin insert(24) Existing law establishes the jurisdiction of the juvenile court, which may adjudge certain children to be dependents of the court under certain circumstances, including when the child is abused, a parent or guardian fails to adequately supervise or protect the child, as specified, or a parent or guardian fails to provide the child with adequate food, clothing, shelter, or medical treatment.
end insertbegin insertThis bill would make a legislative finding that declares that a child is within the jurisdiction of the juvenile court and may become a dependent child of the court if the child is a victim of sexual trafficking, or receives food or shelter in exchange for, or is paid to perform, specified sexual acts, as a result of the failure or inability of his or her parent or guardian to protect the child, and would declare that this finding is declaratory of existing law.
end insertbegin insert(25) Existing law, the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, provides for payments to group home providers at a per child per month rate, and in accordance with prescribed rate classification levels, for the care and supervision of the AFDC-FC child placed with the provider.
end insertbegin insertThis bill would specify that nothing precludes a county from providing a supplemental rate to serve commercially exploited foster children, as specified, and would provide that, to the extent federal financial participation is available, these federal funds should be utilized.
end insertbegin insert(26) Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. In order to be eligible for AFDC-FC, existing law requires a child or nonminor dependent to be placed in a specified placement, including, among others, the approved home of a relative, provided the child is otherwise eligible for federal financial participation in the AFDC-FC payment. Existing law requires foster care providers be paid a per child per month rate, as specified, in return for the care and supervision of an AFDC-FC child placed with them.
end insertbegin insertThis bill would establish the Approved Relative Caregiver Funding Option Program and would require counties who opt to participate in the program to, effective January 1, 2015, pay an approved relative caregiver a per child per month rate in return for the care and supervision of an AFDC-FC ineligible child placed with the relative caregiver that is equal to the basic rate paid to foster care providers for an AFDC-FC child if the county has notified the department of its decision to participate in the program, as specified, and the related child placed in the home meets certain requirements, including that the child resides in the state.
end insertbegin insertThe bill would require a participating county to affirmatively indicate that the county understands and agrees to specified conditions, including that the county will be responsible to pay any additional costs needed to make all payments to the relative caregivers if state and federal funds are insufficient. If a participating county decides to opt out of the program, the bill requires the county to provide at least 120 days’ prior written notice of that decision to the department and to provide at least 90 days’ prior written notice to the approved relative caregiver or caregivers informing them that his or her per child per month payment will be reduced, and the date that the reduction will occur.
end insertbegin insertThe bill would specify the funding for the program, including the use of state General Fund resources that do not count towards the state’s maintenance of effort requirements for the federal Temporary Assistance for Needy Families (TANF) block grant. The bill would appropriate the sum of $30,000,000 from the General Fund for the 2015 calendar year and for each calendar year thereafter, as specified, for these purposes. If this appropriation is insufficient to fully fund the base caseload of approved relative caregivers, as specified, the bill would also provide for the appropriation of additional funds necessary to fully fund that base caseload, and would require the adjusted amount for the calendar year appropriation, beginning with the 2016 calendar year, to be adjusted by the California Necessities Index for each subsequent year.
end insertbegin insert(27) The bill would authorize the State Department of Social Services to implement specified provisions of the bill through all-county letters or similar instructions and would require the department to adopt emergency regulations implementing these provisions no later than January 1, 2016.
end insertbegin insert(28) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
end insertbegin insertWith regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
end insertbegin insert(29) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
end insertThis bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2014.
end deleteVote: majority.
Appropriation: begin deleteno end deletebegin insertyesend insert.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 17415 of the end insertbegin insertFamily Codeend insertbegin insert is amended to
2read:end insert
(a) It shall be the duty of the county welfare department
4to refer all cases in which a parent is absent from the home, or in
5which the parents are unmarried and parentage has not been
6established by the completion and filing of a voluntary declaration
7of paternity pursuant to Section 7573 or a court of competent
8jurisdiction, to the local child support agency immediately at the
9time the application for public assistance, including Medi-Cal
10benefits, or certificate of eligibility, is signed by the applicant or
11recipient, except as provided in Section 17552begin delete of this codeend delete and
12begin delete Sectionend deletebegin insert Sections 11477 andend insert 11477.04 of the Welfare and
13Institutions Code. If an applicant is found to be ineligible, the
14applicant shall be notified in writing that the referral of the case
15to the local child support agency may be terminated at the
16applicant’s request. The county welfare department shall cooperate
17with the local child support agency and shall make available all
18pertinent informationbegin delete as provided inend deletebegin insert pursuant toend insert Section 17505.
P16 1(b) Upon referral from the county welfare department, the local
2child support agency shall investigate the question of nonsupport
3or paternity and shall take all steps necessary to obtain child
4support for the needy child, enforce spousal support as part of the
5state plan under Section 17604, and determine paternity in the case
6of a child born out of wedlock. Upon the advice of the county
7welfare department that a child is being considered for adoption,
8the local child support agency shall delay the investigation and
9other actions with respect to the case until advised that the adoption
10is no longer under consideration. The granting of public assistance
11or Medi-Cal benefits to an applicant shall not be delayed or
12contingent upon investigation
by the local child support agency.
13(c) In cases where Medi-Cal benefits are the only assistance
14provided, the local child support agency shall provide child and
15spousal support services unless the recipient of the services notifies
16the local child support agency that only services related to securing
17health insurance benefits are requested.
18(d) begin delete Whereend deletebegin insert Wheneverend insert a court order has been obtained, any
19contractual agreement for support between the local child support
20agency or the county welfare department and the noncustodial
21parent shall be deemed null and void to the extent that it is not
22consistent with the court order.
23(e) Whenever a familybegin delete whichend deletebegin insert thatend insert has been receiving public
24assistance, including Medi-Cal, ceases to receive assistance,
25including Medi-Cal, the local child support agency shall, to the
26extent required by federal regulations, continue to enforce support
27payments from the noncustodial parent until the individual on
28whose behalf the enforcement efforts are made sends written notice
29to the local child support agency requesting that enforcement
30services be discontinued.
31(f) The local child support agency shall,begin delete whereend deletebegin insert whenend insert appropriate,
32utilize reciprocal arrangements adopted with other states in securing
33support from an absent parent. In individual cases where utilization
34of reciprocal arrangements has proven ineffective, the local child
35support agency may forward to the Attorney General a request to
36utilize federal courts in order to obtain or enforce orders for child
37or spousal support. If reasonable efforts to collect amounts assigned
38pursuant to Section 11477 of the Welfare and Institutions Code
39have failed, the local child support agency may request that the
40case be forwarded to thebegin insert United Statesend insert Treasury Department for
P17 1collection in accordance with federal regulations. The Attorney
2General,begin delete whereend deletebegin insert whenend insert appropriate, shall forward these requests to
3the Secretary of Health and Human Services, or a designated
4representative.
begin insertSection 1506.5 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
6amended to read:end insert
(a) Foster family agencies shall not use foster family
8homes licensed by a county without the approval of the licensing
9county. When approval is granted, a written agreement between
10the foster family agency and the county shall specify the nature of
11administrative control and case management responsibility and
12the nature and number of the children to be served in the home.
13(b) Before a foster family agency may use a licensed foster
14family home it shall review and, with the exception of a new
15fingerprint clearance, qualify the home in accordance with Section
161506.
17(c) When approval is given, and for the duration of the
18agreement permitting the foster family
agency use of its licensed
19foster family home, no child shall be placed in that home except
20through the foster family agency.
21(d) Nothing in this section shall transfer or eliminate the
22responsibility of the placing agency for the care, custody, or control
23of the child. Nothing in this section shall relieve a foster family
24agency of its responsibilities for or on behalf of a child placed with
25it.
26(e) (1) If an application to a foster family agency for a
27certificate of approval indicates, or the department determines
28during the application review process, that the applicant previously
29was issued a license under this chapter or under Chapter 1
30(commencing with Section 1200), Chapter 2 (commencing with
31Section 1250), Chapter 3.01 (commencing with Section 1568.01),
32Chapter 3.2 (commencing with Section 1569), Chapter 3.4
33(commencing with Section 1596.70),
Chapter 3.5 (commencing
34with Section 1596.90), or Chapter 3.6 (commencing with Section
351597.30) and the prior license was revoked within the preceding
36two years, the foster family agency shall cease any further review
37of the application until two years have elapsed from the date of
38the revocation.
39(2) If an application to a foster family agency for a certificate
40of approval indicates, or the department determines during the
P18 1application review process, that the applicant previously was issued
2a certificate of approval by a foster family agency that was revoked
3by the department pursuant to subdivision (b) of Section 1534
4within the preceding two years, the foster family agency shall cease
5any further review of the application until two years have elapsed
6from the date of the revocation.
7(3) If an application to a foster family agency for a certificate
8of approval indicates, or
the department determines during the
9application review process, that the applicant was excluded from
10a facility licensed by the departmentbegin insert or from a certified family
11homeend insert pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897,
12the foster family agency shall cease any further review of the
13application unless the excluded person has been reinstated pursuant
14to Section 11522 of the Government Code by the department.
15(4) The cessation of review shall not constitute a denial of the
16application for purposes of subdivision (b) of Section 1534 or any
17other law.
18(f) (1) If an application to a foster family agency for a
19certificate of approval indicates, or the department determines
20during the application review process, that the applicant had
21previously
applied for a license under any of the chapters listed in
22paragraph (1) of subdivision (e) and the application was denied
23within the last year, the foster family agency shall cease further
24review of the application as follows:
25(A) In cases where the applicant petitioned for a hearing, the
26foster family agency shall cease further review of the application
27until one year has elapsed from the effective date of the decision
28and order of the department upholding a denial.
29(B) In cases where the department informed the applicant of
30his or her right to petition for a hearing and the applicant did not
31petition for a hearing, the foster family agency shall cease further
32review of the application until one year has elapsed from the date
33of the notification of the denial and the right to petition for a
34hearing.
35(2) The
foster family agency may continue to review the
36application if the department has determined that the reasons for
37the denial of the application were due to circumstances and a
38condition that either have been corrected or are no longer in
39existence.
P19 1(3) The cessation of review shall not constitute a denial of the
2application for purposes of subdivision (b) of Section 1534 or any
3other law.
4(g) (1) If an application to a foster family agency for a
5certificate of approval indicates, or the department determines
6during the application review process, that the applicant had
7previously applied for a certificate of approval with a foster family
8agency and the department ordered the foster family agency to
9deny the application pursuant to subdivision (b) of Section 1534,
10the foster family agency shall cease further review of the
11application as follows:
12(A) In cases where the applicant petitioned for a hearing, the
13foster family agency shall cease further review of the application
14until one year has elapsed from the effective date of the decision
15and order of the department upholding a denial.
16(B) In cases where the department informed the applicant of
17his or her right to petition for a hearing and the applicant did not
18petition for a hearing, the foster family agency shall cease further
19review of the application until one year has elapsed from the date
20of the notification of the denial and the right to petition for a
21hearing.
22(2) The foster family agency may continue to review the
23application if the department has determined that the reasons for
24the denial of the application were due to circumstances and
25conditions that either have been corrected or are no longer
in
26existence.
27(3) The cessation of review shall not constitute a denial of the
28application for purposes of subdivision (b) of Section 1534 or any
29other law.
begin insertSection 1520.3 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
31amended to read:end insert
(a) (1) If an application for a license or special permit
33indicates, or the department determines during the application
34review process, that the applicant previously was issued a license
35under this chapter or under Chapter 1 (commencing with Section
361200), Chapter 2 (commencing with Section 1250), Chapter 3.01
37(commencing with Section 1568.01), Chapter 3.3 (commencing
38with Section 1569), Chapter 3.4 (commencing with Section
391596.70), Chapter 3.5 (commencing with Section 1596.90), or
40Chapter 3.6 (commencing with Section 1597.30) and the prior
P20 1license was revoked within the preceding two years, the department
2shall cease any further review of the application until two years
3shall have elapsed from the date of the revocation. The cessation
4of review shall not
constitute a denial of the application for
5purposes of Section 1526 or any other provision of law.
6(2) If an application for a license or special permit indicates,
7or the department determines during the application review process,
8that the applicant previously was issued a certificate of approval
9by a foster family agency that was revoked by the department
10pursuant to subdivision (b) of Section 1534 within the preceding
11two years, the department shall cease any further review of the
12application until two years shall have elapsed from the date of the
13revocation.
14(3) If an application for a license or special permit indicates,
15or the department determines during the application review process,
16that the applicant was excluded from a facility licensed by the
17departmentbegin insert or from a certified family homeend insert
pursuant to Sections
181558, 1568.092, 1569.58, or 1596.8897, the department shall cease
19any further review of the application unless the excluded individual
20has been reinstated pursuant to Section 11522 of the Government
21Code by the department.
22(b) If an application for a license or special permit indicates,
23or the department determines during the application review process,
24that the applicant had previously applied for a license under any
25of the chapters listed in paragraph (1) of subdivision (a) and the
26application was denied within the last year, the department shall
27cease further review of the application as follows:
28(1) In cases where the applicant petitioned for a hearing, the
29department shall cease further review of the application until one
30year has elapsed from the effective date of the decision and order
31of the department upholding a denial.
32(2) In cases where the department informed the applicant of
33his or her right to petition for a hearing and the applicant did not
34petition for a hearing, the department shall cease further review
35of the application until one year has elapsed from the date of the
36notification of the denial and the right to petition for a hearing.
37(3) The department may continue to review the application if
38it has determined that the reasons for the denial of the application
39were due to circumstances and conditions which either have been
40corrected or are no longer in existence.
P21 1(c) If an application for a license or special permit indicates,
2or the department determines during the application review process,
3that the applicant had previously applied for a certificate of
4approval with a foster family agency and the department ordered
5the
foster family agency to deny the application pursuant to
6subdivision (b) of Section 1534, the department shall cease further
7review of the application as follows:
8(1) In cases where the applicant petitioned for a hearing, the
9department shall cease further review of the application until one
10year has elapsed from the effective date of the decision and order
11of the department upholding a denial.
12(2) In cases where the department informed the applicant of
13his or her right to petition for a hearing and the applicant did not
14petition for a hearing, the department shall cease further review
15of the application until one year has elapsed from the date of the
16notification of the denial and the right to petition for a hearing.
17(3) The department may continue to review the application if
18it has determined that the reasons
for the denial of the application
19were due to circumstances and conditions that either have been
20corrected or are no longer in existence.
21(d) The cessation of review shall not constitute a denial of the
22application for purposes of Section 1526 or any other law.
begin insertSection 1522 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is amended
24to read:end insert
The Legislature recognizes the need to generate timely
26and accurate positive fingerprint identification of applicants as a
27condition of issuing licenses, permits, or certificates of approval
28for persons to operate or provide direct care services in a
29community care facility, foster family home, or a certified family
30home of a licensed foster family agency. Therefore, the Legislature
31supports the use of the fingerprint live-scan technology, as
32identified in the long-range plan of the Department of Justice for
33fully automating the processing of fingerprints and other data by
34the year 1999, otherwise known as the California Crime
35Information Intelligence System (CAL-CII), to be used for
36applicant fingerprints. It is the intent of the Legislature in enacting
37this section to require the fingerprints of those individuals whose
38contact with community care
clients may pose a risk to the clients’
39health and safety. An individual shall be required to obtain either
40a criminal record clearance or a criminal record exemption from
P22 1the State Department of Social Services before his or her initial
2presence in a community carebegin delete facility.end deletebegin insert facility or certified family
3home.end insert
4(a) (1) Before issuing a license or special permit to any person
5or persons to operate or manage a community care facility, the
6State Department of Social Services shall secure from an
7appropriate law enforcement agency a criminal record to determine
8whether the applicant or any other person specified in subdivision
9(b) has ever been convicted of a crime other than a minor traffic
10violation or arrested for any crime specified in Section 290 of the
11Penal Code, for violating Section 245 or 273.5, of the Penal Code,
12subdivision (b) of Section 273a of the Penal Code, or, prior to
13January 1, 1994, paragraph (2) of Section 273a of the Penal Code,
14or for any crime for which the department cannot grant an
15exemption if the
person was convicted and the person has not been
16exonerated.
17(2) The criminal history information shall include the full
18criminal record, if any, of those persons, and subsequent arrest
19information pursuant to Section 11105.2 of the Penal Code.
20(3) Except during the 2003-04 to the 2014-15 fiscal years,
21inclusive, neither the Department of Justice nor the State
22Department of Social Services may charge a fee for the
23fingerprinting of an applicant for a license or special permit to
24operate a facility providing nonmedical board, room, and care for
25six or less children or for obtaining a criminal record of the
26applicant pursuant to this section.
27(4) The following shall apply to the criminal record information:
28(A) If the State Department of Social Services
finds that the
29applicant, or any other person specified in subdivision (b), has
30been convicted of a crime other than a minor traffic violation, the
31application shall be denied, unless the director grants an exemption
32pursuant to subdivision (g).
33(B) If the State Department of Social Services finds that the
34applicant, or any other person specified in subdivision (b) is
35awaiting trial for a crime other than a minor traffic violation, the
36State Department of Social Services may cease processing the
37application until the conclusion of the trial.
38(C) If no criminal record information has been recorded, the
39Department of Justice shall provide the applicant and the State
40Department of Social Services with a statement of that fact.
P23 1(D) If the State Department of Social Services finds after
2licensure that the licensee, or any
other person specified in
3paragraph (1) of subdivision (b), has been convicted of a crime
4other than a minor traffic violation, the license may be revoked,
5unless the director grants an exemption pursuant to subdivision
6(g).
7(E) An applicant and any other person specified in subdivision
8(b) shall submit fingerprint images and related information to the
9Department of Justice for the purpose of searching the criminal
10records of the Federal Bureau of Investigation, in addition to the
11criminal records search required by this subdivision. If an applicant
12and all other persons described in subdivision (b) meet all of the
13conditions for licensure, except receipt of the Federal Bureau of
14Investigation’s criminal offender record information search
15response for the applicant or any of the persons described in
16subdivision (b), the department may issue a license if the applicant
17and each person described in subdivision (b) has signed and
18submitted a
statement that he or she has never been convicted of
19a crime in the United States, other than a traffic infraction, as
20prescribed in paragraph (1) of subdivision (a) of Section 42001 of
21the Vehicle Code. If, after licensure,begin insert orend insert thebegin insert issuance of a certificate
22of approval of a certified family home by a foster family agency,
23theend insert department determines that the licensee or any other person
24specified in subdivision (b) has a criminal record, thebegin delete licenseend delete
25begin insert departmentend insert maybegin delete be revokedend deletebegin insert revoke the license, or require a foster
26family agency to revoke the certificate of approval,end insert pursuant to
27Section 1550. The department may also suspend the licensebegin insert or
28require a foster family agency to suspend the certificate of approvalend insert
29 pending an administrative hearing pursuant to Section 1550.5.
30(F) The State Department of Social Services shall develop
31procedures to provide the individual’s state and federal criminal
32history information with the written notification of his or her
33exemption denial or revocation based on the criminal record.
34Receipt of the criminal history information shall be optional on
35the part of the individual, as set forth in the agency’s
procedures.
36The procedure shall protect the confidentiality and privacy of the
37individual’s record, and the criminal history information shall not
38be made available to the employer.
39(G) Notwithstanding any other law, the department is authorized
40to provide an individual with a copy of his or her state or federal
P24 1level criminal offender record information search response as
2provided to that department by the Department of Justice if the
3department has denied a criminal background clearance based on
4this information and the individual makes a written request to the
5department for a copy specifying an address to which it is to be
6sent. The state or federal level criminal offender record information
7search response shall not be modified or altered from its form or
8content as provided by the Department of Justice and shall be
9provided to the address specified by the individual in his or her
10written request. The department shall retain a copy of the
11
individual’s written request and the response and date provided.
12(b) (1) In addition to the applicant, this section shall be
13applicable to criminal convictions of the following persons:
14(A) Adults responsible for administration or direct supervision
15of staff.
16(B) Any person, other than a client, residing in thebegin delete facility.end delete
17begin insert facility or certified family home.end insert
18(C) Any person who provides client assistance in dressing,
19grooming, bathing, or personal hygiene. Any nurse assistant or
20home health aide meeting the requirements of Section 1338.5 or
211736.6, respectively, who is not employed, retained, or contracted
22by the licensee, and who has been certified or recertified on or
23after July 1, 1998, shall be deemed to meet the criminal record
24clearance requirements of this section. A certified nurse assistant
25and certified home health aide who will be providing client
26assistance and who falls under this exemption shall provide one
27copy of his or her current certification, prior to providing care, to
28the community care facility. The facility shall maintain the copy
29of the certification on file as long as
care is being provided by the
30certified nurse assistant or certified home health aide at thebegin delete facility.end delete
31begin insert facility or certified family home.end insert Nothing in this paragraph restricts
32the right of the department to exclude a certified nurse assistant
33or certified home health aide from a licensed community care
34facilitybegin insert or certified family homeend insert pursuant to Section 1558.
35(D) Any staff person, volunteer, or employee who has contact
36with the clients.
37(E) If the applicant is a firm, partnership, association, or
38corporation, the chief executive officer or other person serving in
39like capacity.
P25 1(F) Additional officers of the governing body of the applicant,
2
or other persons with a financial interest in the applicant, as
3determined necessary by the department by regulation. The criteria
4used in the development of these regulations shall be based on the
5person’s capability to exercise substantial influence over the
6operation of the facility.
7(2) The following persons are exempt from the requirements
8applicable under paragraph (1):
9(A) A medical professional as defined in department regulations
10who holds a valid license or certification from the person’s
11governing California medical care regulatory entity and who is
12not employed, retained, or contracted by the licensee if all of the
13following apply:
14(i) The criminal record of the person has been cleared as a
15condition of licensure or certification by the person’s governing
16California medical care regulatory entity.
17(ii) The person is providing time-limited specialized clinical
18care or services.
19(iii) The person is providing care or services within the person’s
20scope of practice.
21(iv) The person is not a community care facility licensee or an
22employee of the facility.
23(B) A third-party repair person or similar retained contractor if
24all of the following apply:
25(i) The person is hired for a defined, time-limited job.
26(ii) The person is not left alone with clients.
27(iii) When clients are present in the room in which the repair
28person or contractor is working, a staff person who
has a criminal
29record clearance or exemption is also present.
30(C) Employees of a licensed home health agency and other
31members of licensed hospice interdisciplinary teams who have a
32contract with a client or resident of the facility and are in the
33facility at the request of that client or resident’s legal
34decisionmaker. The exemption does not apply to a person who is
35a community care facility licensee or an employee of the facility.
36(D) Clergy and other spiritual caregivers who are performing
37services in common areas of the community care facility or who
38are advising an individual client at the request of, or with the
39permission of, the client or legal decisionmaker, are exempt from
40fingerprint and criminal background check requirements imposed
P26 1by community care licensing. This exemption does not apply to a
2person who is a community care licensee or employee of the
3facility.
4(E) Members of fraternal, service, or similar organizations who
5conduct group activities for clients if all of the following apply:
6(i) Members are not left alone with clients.
7(ii) Members do not transport clients off the facility premises.
8(iii) The same organization does not conduct group activities
9for clients more often than defined by the department’s regulations.
10(3) In addition to the exemptions in paragraph (2), the following
11persons in foster family homes, certified family homes, and small
12family homes are exempt from the requirements applicable under
13paragraph (1):
14(A) Adult friends and family of the licensed or
certified foster
15parent, who come into the home to visit for a length of time no
16longer than defined by the department in regulations, provided
17that the adult friends and family of the licenseebegin insert or certified parentend insert
18 are not left alone with the foster children. However, thebegin delete licensee,end delete
19begin insert licensee or certified parent,end insert acting as a reasonable and prudent
20parent, as defined in paragraph (2) of subdivision (a) of Section
21362.04 of the Welfare and Institutions Code, may allow his or her
22adult friends and family to provide short-term care to the foster
23child and act as an appropriate occasional short-term babysitter
24for the child.
25(B) Parents of a foster child’s friend when the foster child is
26visiting the friend’s home and the friend, licensed or certified foster
27parent, or both are also present. However, thebegin delete licensee,end deletebegin insert licensee
28or certified parent,end insert acting as a reasonable and prudent parent, may
29allow the parent of the foster child’s friend to act as an appropriate
30short-term babysitter for the child without the friend being present.
31(C) Individuals who are engaged by any licensed or certified
32foster parent to provide short-term care to the child for periods not
33to exceed 24 hours. Caregivers shall use a reasonable and prudent
34parent standard in selecting appropriate individuals to act as
35appropriate occasional short-term babysitters.
36(4) In addition to the exemptions specified in paragraph (2), the
37following persons in adult day care and adult day support centers
38are exempt from the requirements applicable under paragraph
(1):
39(A) Unless contraindicated by the client’s individualized
40program plan (IPP) or needs and service plan, a spouse, significant
P27 1other, relative, or close friend of a client, or an attendant or a
2facilitator for a client with a developmental disability if the
3attendant or facilitator is not employed, retained, or contracted by
4the licensee. This exemption applies only if the person is visiting
5the client or providing direct care and supervision to the client.
6(B) A volunteer if all of the following applies:
7(i) The volunteer is supervised by the licensee or a facility
8employee with a criminal record clearance or exemption.
9(ii) The volunteer is never left alone with clients.
10(iii) The
volunteer does not provide any client assistance with
11dressing, grooming, bathing, or personal hygiene other than
12washing of hands.
13(5) (A) In addition to the exemptions specified in paragraph
14(2), the following persons in adult residential and social
15rehabilitation facilities, unless contraindicated by the client’s
16individualized program plan (IPP) or needs and services plan, are
17exempt from the requirements applicable under paragraph (1): a
18spouse, significant other, relative, or close friend of a client, or an
19attendant or a facilitator for a client with a developmental disability
20if the attendant or facilitator is not employed, retained, or
21contracted by the licensee. This exemption applies only if the
22person is visiting the client or providing direct care and supervision
23to that client.
24(B) Nothing in this subdivision shall prevent a licensee from
25
requiring a criminal record clearance of any individual exempt
26from the requirements of this section, provided that the individual
27has client contact.
28(6) Any person similar to those described in this subdivision,
29as defined by the department in regulations.
30(c) (1) Subsequent to initial licensure, a person specified in
31subdivision (b) who is not exempted from fingerprinting shall
32obtain either a criminal record clearance or an exemption from
33disqualification pursuant to subdivision (g) from the State
34Department of Social Services prior to employment, residence, or
35initial presence in the facility. A person specified in subdivision
36(b) who is not exempt from fingerprinting shall be fingerprinted
37and shall sign a declaration under penalty of perjury regarding any
38prior criminal convictions. The licensee shall submit fingerprint
39images and related information
to the Department of Justice and
40the Federal Bureau of Investigation, through the Department of
P28 1Justice, for a state and federal level criminal offender record
2information search, or comply with paragraph (1) of subdivision
3(h). These fingerprint images and related information shall be sent
4by electronic transmission in a manner approved by the State
5Department of Social Services and the Department of Justice for
6the purpose of obtaining a permanent set of fingerprints, and shall
7be submitted to the Department of Justice by the licensee. A
8licensee’s failure to prohibit the employment, residence, or initial
9presence of a person specified in subdivision (b) who is not exempt
10from fingerprinting and who has not received either a criminal
11record clearance or an exemption from disqualification pursuant
12to subdivision (g) or to comply with paragraph (1) of subdivision
13(h), as required in this section, shall result in the citation of a
14deficiency and the immediate assessment of civil penalties in the
15amount of one
hundred dollars ($100) per violation per day for a
16maximum of five days, unless the violation is a second or
17subsequent violation within a 12-month period in which case the
18civil penalties shall be in the amount of one hundred dollars ($100)
19per violation for a maximum of 30 days, and shall be grounds for
20disciplining the licensee pursuant to Section 1550. The department
21may assess civil penalties for continued violations as permitted by
22Section 1548. The fingerprint images and related information shall
23then be submitted to the Department of Justice for processing.
24Upon request of the licensee, who shall enclose a self-addressed
25stamped postcard for this purpose, the Department of Justice shall
26verify receipt of the fingerprints.
27(2) Within 14 calendar days of the receipt of the fingerprint
28images, the Department of Justice shall notify the State Department
29of Social Services of the criminal record information, as provided
30for in subdivision
(a). If no criminal record information has been
31recorded, the Department of Justice shall provide the licensee and
32the State Department of Social Services with a statement of that
33fact within 14 calendar days of receipt of the fingerprint images.
34Documentation of the individual’s clearance or exemption from
35disqualification shall be maintained by the licensee and be available
36for inspection. If new fingerprint images are required for
37processing, the Department of Justice shall, within 14 calendar
38days from the date of receipt of the fingerprints, notify the licensee
39that the fingerprints were illegible, the Department of Justice shall
40notify the State Department of Social Services, as required by
P29 1Section 1522.04, and shall also notify the licensee by mail, within
214 days of electronic transmission of the fingerprints to the
3Department of Justice, if the person has no criminal history
4recorded. A violation of the regulations adopted pursuant to Section
51522.04 shall result in the citation of a deficiency and
an immediate
6assessment of civil penalties in the amount of one hundred dollars
7($100) per violation per day for a maximum of five days, unless
8the violation is a second or subsequent violation within a 12-month
9period in which case the civil penalties shall be in the amount of
10one hundred dollars ($100) per violation for a maximum of 30
11days, and shall be grounds for disciplining the licensee pursuant
12to Section 1550. The department may assess civil penalties for
13continued violations as permitted by Section 1548.
14(3) Except for persons specified in subdivision (b) who are
15exempt from fingerprinting, the licensee shall endeavor to ascertain
16the previous employment history of persons required to be
17fingerprinted. If it is determined by the State Department of Social
18Services, on the basis of the fingerprint images and related
19information submitted to the Department of Justice, that subsequent
20to obtaining a criminal record clearance or exemption
from
21disqualification pursuant to subdivision (g), the person has been
22convicted of, or is awaiting trial for, a sex offense against a minor,
23or has been convicted for an offense specified in Section 243.4,
24273a, 273d, 273g, or 368 of the Penal Code, or a felony, the State
25Department of Social Services shall notify the licensee to act
26immediately to terminate the person’s employment, remove the
27person from the community care facility, or bar the person from
28entering the community care facility. The State Department of
29Social Services may subsequently grant an exemption from
30disqualification pursuant to subdivision (g). If the conviction or
31arrest was for another crime, except a minor traffic violation, the
32licensee shall, upon notification by the State Department of Social
33Services, act immediately to either (A) terminate the person’s
34employment, remove the person from the community care facility,
35or bar the person from entering the community care facility; or
36(B) seek an exemption from disqualification
pursuant to subdivision
37(g). The State Department of Social Services shall determine if
38the person shall be allowed to remain in the facility until a decision
39on the exemption from disqualification is rendered. A licensee’s
40failure to comply with the department’s prohibition of employment,
P30 1contact with clients, or presence in the facility as required by this
2paragraph shall result in a citation of deficiency and an immediate
3assessment of civil penalties in the amount of one hundred dollars
4($100) per violation per day and shall be grounds for disciplining
5the licensee pursuant to Section 1550.
6(4) The department may issue an exemption from
7disqualification on its own motion pursuant to subdivision (g) if
8the person’s criminal history indicates that the person is of good
9character based on the age, seriousness, and frequency of the
10conviction or convictions. The department, in consultation with
11interested parties, shall develop regulations to
establish the criteria
12to grant an exemption from disqualification pursuant to this
13paragraph.
14(5) Concurrently with notifying the licensee pursuant to
15paragraph (3), the department shall notify the affected individual
16of his or her right to seek an exemption from disqualification
17pursuant to subdivision (g). The individual may seek an exemption
18from disqualification only if the licensee terminates the person’s
19employment or removes the person from the facility after receiving
20notice from the department pursuant to paragraph (3).
21(d) (1) Before issuing a license or certificate of approval to any
22person or persons to operate a foster family home or certified
23family home as described in Section 1506, the State Department
24of Social Services or other approving authority shall secure
25California and Federal Bureau of Investigation criminal history
26information to
determine whether the applicant or any person
27specified in subdivision (b) who is not exempt from fingerprinting
28has ever been convicted of a crime other than a minor traffic
29violation or arrested for any crime specified in subdivision (c) of
30Section 290 of the Penal Code, for violating Section 245 or 273.5,
31subdivision (b) of Section 273a or, prior to January 1, 1994,
32paragraph (2) of Section 273a of the Penal Code, or for any crime
33for which the department cannot grant an exemption if the person
34was convicted and the person has not been exonerated. The State
35Department of Social Services or other approving authority shall
36not issue a license or certificate of approval to any foster family
37home or certified family home applicant who has not obtained
38both a California and Federal Bureau of Investigation criminal
39record clearance or exemption from disqualification pursuant to
40subdivision (g).
P31 1(2) The criminal history information shall include
the full
2criminal record, if any, of those persons.
3(3) Neither the Department of Justice nor the State Department
4of Social Services may charge a fee for the fingerprinting of an
5applicant for a license, special permit, or certificate of approval
6described in this subdivision. The record, if any, shall be taken
7into consideration when evaluating a prospective applicant.
8(4) The following shall apply to the criminal record information:
9(A) If the applicant or other persons specified in subdivision
10(b) who are not exempt from fingerprinting have convictions that
11would make the applicant’s home unfit as a foster family home or
12a certified family home, the license, special permit, or certificate
13of approval shall be denied.
14(B) If the State Department of
Social Services finds that the
15applicant, or any person specified in subdivision (b) who is not
16exempt from fingerprinting is awaiting trial for a crime other than
17a minor traffic violation, the State Department of Social Services
18or other approving authority may cease processing the application
19until the conclusion of the trial.
20(C) For purposes of this subdivision, a criminal record clearance
21provided under Section 8712 of the Family Code may be used by
22the department or other approving agency.
23(D) To the same extent required for federal funding, an applicant
24for a foster family home license or for certification as a family
25home, and any other person specified in subdivision (b) who is
26not exempt from fingerprinting, shall submit a set of fingerprint
27images and related information to the Department of Justice and
28the Federal Bureau of Investigation, through the Department of
29
Justice, for a state and federal level criminal offender record
30information search, in addition to the criminal records search
31required by subdivision (a).
32(5) Any person specified in this subdivision shall, as a part of
33the application, be fingerprinted and sign a declaration under
34penalty of perjury regarding any prior criminal convictions or
35arrests for any crime against a child, spousal or cohabitant abuse
36or, any crime for which the department cannot grant an exemption
37if the person was convicted and shall submit these fingerprints to
38the licensing agency or other approving authority.
39(6) (A) Subsequent to initial licensure or certification, a person
40specified in subdivision (b) who is not exempt from fingerprinting
P32 1shall obtain both a California and Federal Bureau of Investigation
2criminal record clearance, or an exemption from disqualification
3pursuant
to subdivision (g), prior to employment, residence, or
4initial presence in the foster family or certified family home. A
5foster family home licensee or foster family agency shall submit
6fingerprint images and related information of persons specified in
7subdivision (b) who are not exempt from fingerprinting to the
8Department of Justice and the Federal Bureau of Investigation,
9through the Department of Justice, for a state and federal level
10criminal offender record information search, or to comply with
11paragraph (1) of subdivision (h). A foster family home licensee’s
12or a foster family agency’s failure to either prohibit the
13employment, residence, or initial presence of a person specified
14in subdivision (b) who is not exempt from fingerprinting and who
15has not received either a criminal record clearance or an exemption
16from disqualification pursuant to subdivision (g), or comply with
17paragraph (1) of subdivision (h), as required in this section, shall
18result in a citation of a deficiency, and the immediate
civil penalties
19of one hundred dollars ($100) per violation per day for a maximum
20of five days, unless the violation is a second or subsequent violation
21within a 12-month period in which case the civil penalties shall
22be in the amount of one hundred dollars ($100) per violation for
23a maximum of 30 days, and shall be grounds for disciplining the
24licensee pursuant to Section 1550. A violation of the regulation
25adopted pursuant to Section 1522.04 shall result in the citation of
26a deficiency and an immediate assessment of civil penalties in the
27amount of one hundred dollars ($100) per violation per day for a
28maximum of five days, unless the violation is a second or
29subsequent violation within a 12-month period in which case the
30civil penalties shall be in the amount of one hundred dollars ($100)
31per violation for a maximum of 30 days, and shall be grounds for
32disciplining the foster family home licensee or the foster family
33agency pursuant to Section 1550. The State Department of Social
34Services may assess
penalties for continued violations, as permitted
35by Section 1548. The fingerprint images shall then be submitted
36to the Department of Justice for processing.
37(B) Upon request of the licensee, who shall enclose a
38self-addressed envelope for this purpose, the Department of Justice
39shall verify receipt of the fingerprints. Within five working days
40of the receipt of the criminal record or information regarding
P33 1criminal convictions from the Department of Justice, the
2department shall notify the applicant of any criminal arrests or
3convictions. If no arrests or convictions are recorded, the
4Department of Justice shall provide the foster family home licensee
5or the foster family agency with a statement of that fact concurrent
6with providing the information to the State Department of Social
7Services.
8(7) If the State Department of Social Servicesbegin insert
or end insertbegin insertother approving
9authorityend insert finds that the applicant, or any other person specified in
10subdivision (b) who is not exempt from fingerprinting, has been
11convicted of a crime other than a minor traffic violation, the
12application shall be denied, unless the director grants an exemption
13from disqualification pursuant to subdivision (g).
14(8) If the State Department of Social Servicesbegin insert or end insertbegin insertother approving
15authorityend insert finds after licensure or the granting of the certificate of
16approval that the licensee, certified foster parent, or any other
17person specified in subdivision (b) who is not exempt from
18
fingerprinting, has been convicted of a crime other than a minor
19traffic violation, the license or certificate of approval may be
20revoked by the department or the foster family agency, whichever
21is applicable, unless the director grants an exemption from
22disqualification pursuant to subdivision (g). A licensee’s failure
23to comply with the department’s prohibition of employment,
24contact with clients, or presence in the facility as required by
25paragraph (3) of subdivision (c) shall be grounds for disciplining
26the licensee pursuant to Section 1550.
27(e) The State Department of Social Services shall not use a
28record of arrest to deny, revoke, or terminate any application,
29license, employment, or residence unless the department
30investigates the incident and secures evidence, whether or not
31related to the incident of arrest, that is admissible in an
32administrative hearing to establish conduct by the person that may
33pose a risk to the health and safety
of any person who is or may
34become a client. The State Department of Social Services is
35authorized to obtain any arrest or conviction records or reports
36from any law enforcement agency as necessary to the performance
37of its duties to inspect, license, and investigate community care
38facilities and individuals associated with a community care facility.
39(f) (1) For purposes of this section or any other provision of
40this chapter, a conviction means a plea or verdict of guilty or a
P34 1conviction following a plea of nolo contendere. Any action that
2the State Department of Social Services is permitted to take
3following the establishment of a conviction may be taken when
4the time for appeal has elapsed, when the judgment of conviction
5has been affirmed on appeal, or when an order granting probation
6is made suspending the imposition of sentence, notwithstanding
7a subsequent order pursuant to Sections 1203.4 and 1203.4a of the
8Penal
Code permitting the person to withdraw his or her plea of
9guilty and to enter a plea of not guilty, or setting aside the verdict
10of guilty, or dismissing the accusation, information, or indictment.
11For purposes of this section or any other provision of this chapter,
12the record of a conviction, or a copy thereof certified by the clerk
13of the court or by a judge of the court in which the conviction
14occurred, shall be conclusive evidence of the conviction. For
15purposes of this section or any other provision of this chapter, the
16arrest disposition report certified by the Department of Justice, or
17documents admissible in a criminal action pursuant to Section
18969b of the Penal Code, shall be prima facie evidence of the
19conviction, notwithstanding any other law prohibiting the
20admission of these documents in a civil or administrative action.
21(2) For purposes of this section or any other provision of this
22chapter, the department shall consider criminal
convictions from
23another state or federal court as if the criminal offense was
24committed in this state.
25(g) (1) After review of the record, the director may grant an
26exemption from disqualification for a license or special permit as
27specified in paragraph (4) of subdivision (a), or for a license,
28special permit, or certificate of approval as specified in paragraphs
29(4), (7), and (8) of subdivision (d), or for employment, residence,
30or presence in a community care facility as specified in paragraphs
31(3), (4), and (5) of subdivision (c), if the director has substantial
32and convincing evidence to support a reasonable belief that the
33applicant and the person convicted of the crime, if other than the
34applicant, are of good character as to justify issuance of the license
35or special permit or granting an exemption for purposes of
36subdivision (c). Except as otherwise provided in this subdivision,
37an exemption shall not be granted
pursuant to this subdivision if
38the conviction was for any of the following offenses:
39(A) (i) An offense specified in Section 220, 243.4, or 264.1,
40subdivision (a) of Section 273a or, prior to January 1, 1994,
P35 1paragraph (1) of Section 273a, Section 273d, 288, or 289,
2subdivision (c) of Section 290, or Section 368 of the Penal Code,
3or was a conviction of another crime against an individual specified
4in subdivision (c) of Section 667.5 of the Penal Code.
5(ii) Notwithstanding clause (i), the director may grant an
6exemption regarding the conviction for an offense described in
7paragraph (1), (2), (7), or (8) of subdivision (c) of Section 667.5
8of the Penal Code, if the employee or prospective employee has
9been rehabilitated as provided in Section 4852.03 of the Penal
10Code, has maintained the conduct required in Section 4852.05 of
11the Penal Code for at least 10
years, and has the recommendation
12of the district attorney representing the employee’s county of
13residence, or if the employee or prospective employee has received
14a certificate of rehabilitation pursuant to Chapter 3.5 (commencing
15with Section 4852.01) of Title 6 of Part 3 of the Penal Code. This
16clause shall not apply to foster care providers, including relative
17caregivers, nonrelated extended family members, or any other
18person specified in subdivision (b), in those homes where the
19individual has been convicted of an offense described in paragraph
20(1) of subdivision (c) of Section 667.5 of the Penal Code.
21(B) A felony offense specified in Section 729 of the Business
22and Professions Code or Section 206 or 215, subdivision (a) of
23Section 347, subdivision (b) of Section 417, or subdivision (a) of
24Section 451 of the Penal Code.
25(C) Under no circumstances shall an exemption be
granted
26pursuant to this subdivision to any foster care provider applicant
27if that applicant, or any other person specified in subdivision (b)
28in those homes, has a felony conviction for either of the following
29offenses:
30(i) A felony conviction for child abuse or neglect, spousal abuse,
31crimes against a child, including child pornography, or for a crime
32involving violence, including rape, sexual assault, or homicide,
33but not including other physical assault and battery. For purposes
34of this subparagraph, a crime involving violence means a violent
35 crime specified in clause (i) of subparagraph (A), or subparagraph
36(B).
37(ii) A felony conviction, within the last five years, for physical
38assault, battery, or a drug- or alcohol-related offense.
39(iii) This subparagraph shall not apply to licenses or approvals
40wherein a
caregiver was granted an exemption to a criminal
P36 1conviction described in clause (i) or (ii) prior to the enactment of
2this subparagraph.
3(iv) This subparagraph shall remain operative only to the extent
4that compliance with its provisions is required by federal law as
5a condition for receiving funding under Title IV-E of the federal
6Social Security Act (42 U.S.C. Sec. 670 et seq.).
7(2) The department shall not prohibit a person from being
8employed or having contact with clients in a facility on the basis
9of a denied criminal record exemption request or arrest information
10unless the department complies with the requirements of Section
111558.
12(h) (1) For purposes of compliance with this section, the
13department may permit an individual to transfer a current criminal
14record clearance, as defined in
subdivision (a), from one facility
15to another, as long as the criminal record clearance has been
16processed through a state licensing district office, and is being
17transferred to another facility licensed by a state licensing district
18office. The request shall be in writing to the State Department of
19Social Services, and shall include a copy of the person’s driver’s
20license or valid identification card issued by the Department of
21Motor Vehicles, or a valid photo identification issued by another
22state or the United States government if the person is not a
23California resident. Upon request of the licensee, who shall enclose
24a self-addressed envelope for this purpose, the State Department
25of Social Services shall verify whether the individual has a
26clearance that can be transferred.
27(2) The State Department of Social Services shall hold criminal
28record clearances in its active files for a minimum of three years
29after an employee is no longer
employed at a licensed facility in
30order for the criminal record clearance to be transferred.
31(3) The following shall apply to a criminal record clearance or
32exemption from the department or a county office with
33department-delegated licensing authority:
34(A) A county office with department-delegated licensing
35authority may accept a clearance or exemption from the
36department.
37(B) The department may accept a clearance or exemption from
38any county office with department-delegated licensing authority.
P37 1(C) A county office with department-delegated licensing
2authority may accept a clearance or exemption from any other
3county office with department-delegated licensing authority.
4(4) With respect
to notifications issued by the Department of
5Justice pursuant to Section 11105.2 of the Penal Code concerning
6an individual whose criminal record clearance was originally
7processed by the department or a county office with
8department-delegated licensing authority, all of the following shall
9apply:
10(A) The Department of Justice shall process a request from the
11department or a county office with department-delegated licensing
12authority to receive the notice only if all of the following conditions
13are met:
14(i) The request shall be submitted to the Department of Justice
15by the agency to be substituted to receive the notification.
16(ii) The request shall be for the same applicant type as the type
17for which the original clearance was obtained.
18(iii) The
request shall contain all prescribed data elements and
19format protocols pursuant to a written agreement between the
20department and the Department of Justice.
21(B) (i) On or before January 7, 2005, the department shall notify
22the Department of Justice of all county offices that have
23department-delegated licensing authority.
24(ii) The department shall notify the Department of Justice within
2515 calendar days of the date on which a new county office receives
26department-delegated licensing authority or a county’s delegated
27licensing authority is rescinded.
28(C) The Department of Justice shall charge the department, a
29county office with department-delegated licensing authority, or a
30county child welfare agency with criminal record clearance and
31exemption authority, a fee for each time a request to
substitute the
32recipient agency is received for purposes of this paragraph. This
33fee shall not exceed the cost of providing the service.
34(5) (A) A county child welfare agency with authority to secure
35clearances pursuant to Section 16504.5 of the Welfare and
36Institutions Code and to grant exemptions pursuant to Section
37361.4 of the Welfare and Institutions Code may accept a clearance
38or exemption from another county with criminal record and
39exemption authority pursuant to these sections.
P38 1(B) With respect to notifications issued by the Department of
2Justice pursuant to Section 11105.2 of the Penal Code concerning
3an individual whose criminal record clearance was originally
4processed by a county child welfare agency with criminal record
5clearance and exemption authority, the Department of Justice shall
6process a request from a county child welfare agency with
criminal
7record and exemption authority to receive the notice only if all of
8the following conditions are met:
9(i) The request shall be submitted to the Department of Justice
10by the agency to be substituted to receive the notification.
11(ii) The request shall be for the same applicant type as the type
12for which the original clearance was obtained.
13(iii) The request shall contain all prescribed data elements and
14format protocols pursuant to a written agreement between the State
15Department of Social Services and the Department of Justice.
16(i) The full criminal record obtained for purposes of this section
17may be used by the department or by a licensed adoption agency
18as a clearance required for adoption purposes.
19(j) If a licensee or facility is required by law to deny employment
20or to terminate employment of any employee based on written
21notification from the state department that the employee has a prior
22criminal conviction or is determined unsuitable for employment
23under Section 1558, the licensee or facility shall not incur civil
24liability or unemployment insurance liability as a result of that
25denial or termination.
26(k) The State Department of Social Services may charge a fee
27for the costs of processing electronic fingerprint images and related
28information.
29(l) Amendments to this section made in the 1999 portion of the
301999-2000 Regular Session shall be implemented commencing
3160 days after the effective date of the act amending this section in
32the 1999 portion of the 1999-2000 Regular Session, except that
33those
provisions for the submission of fingerprints for searching
34the records of the Federal Bureau of Investigation shall be
35implemented 90 days after the effective date of that act.
begin insertSection 1523.1 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
37amended to read:end insert
(a) begin insert (1)end insertbegin insert end insert An application fee adjusted by facility and
39capacity shall be charged by the department for the issuance of a
40license. After initial licensure, a fee shall be charged by the
P39 1department annually on each anniversary of the effective date of
2the license. The fees are for the purpose of financing the activities
3specified in this chapter. Fees shall be assessed asbegin delete follows:end deletebegin insert follows,
4subject to paragraph (2):end insert
|
Fee Schedule |
|||
|
Facility Type |
Capacity |
Initial |
Annual |
|
Foster Family and |
|
|
|
|
Adult Day Programs |
1-15 |
$165 |
$83 |
|
16-30 |
$275 |
$138 |
|
|
31-60 |
$550 |
$275 |
|
|
61-75 |
$689 |
$344 |
|
|
76-90 |
$825 |
$413 |
|
|
91-120 |
$1,100 |
$550 |
|
|
121+ |
$1,375 |
$688 |
|
|
Other Community |
1-3 |
$413 |
$413 |
|
4-6 |
$825 |
$413 |
|
|
7-15 |
$1,239 |
$619 |
|
|
16-30 |
$1,650 |
$825 |
|
|
31-49 |
$2,064 |
$1,032 |
|
|
|
50-74 |
$2,477 |
$1,239 |
|
|
75-100 |
$2,891 |
$1,445 |
|
|
101-150 |
$3,304 |
$1,652 |
|
|
151-200 |
$3,852 |
$1,926 |
|
|
201-250 |
$4,400 |
$2,200 |
|
|
251-300 |
$4,950 |
$2,475 |
|
|
301-350 |
$5,500 |
$2,750 |
|
|
351-400 |
$6,050 |
$3,025 |
|
|
401-500 |
$7,150 |
$3,575 |
|
|
501-600 |
$8,250 |
$4,125 |
|
|
601-700 |
$9,350 |
$4,675 |
|
|
701+ |
$11,000 |
$5,500 |
begin insert
| begin insert
Fee Schedule |
|||
| begin insert
Facility Type end insert | begin insert
Capacity end insert | begin insert
Initial | begin insert
Annual end insert |
| begin insert
Foster Family and
| begin insert
end insert | begin insert
$3,025 end insert | begin insert
$1,513 end insert |
| begin insert
Adult Day Programs end insert | begin insert
1-15 end insert | begin insert
$182 end insert | begin insert
$91 end insert |
| begin insert
16-30 end insert | begin insert
$303 end insert | begin insert
$152 end insert |
|
| begin insert
31-60 end insert | begin insert
$605 end insert | begin insert
$303 end insert |
|
| begin insert
61-75 end insert | begin insert
$758 end insert | begin insert
$378 end insert |
|
| begin insert
76-90 end insert | begin insert
$908 end insert | begin insert
$454 end insert |
|
| begin insert
91-120 end insert | begin insert
$1,210 end insert | begin insert
$605 end insert |
|
| begin insert
121+ end insert | begin insert
$1,513 end insert | begin insert
$757 end insert |
|
| begin insert end insert | begin insert end insert | begin insert end insert | begin insert end insert |
| begin insert
Other Community | begin insert
1-3 end insert | begin insert
$454 end insert | begin insert
$454 end insert |
| begin insert
4-6 end insert | begin insert
$908 end insert | begin insert
$454 end insert |
|
| begin insert
7-15 end insert | begin insert
$1,363 end insert | begin insert
$681 end insert |
|
| begin insert
16-30 end insert | begin insert
$1,815 end insert | begin insert
$908 end insert |
|
| begin insert
31-49 end insert | begin insert
$2,270 end insert | begin insert
$1,135 end insert |
|
| begin insert
end insert | begin insert
50-74 end insert | begin insert
$2,725 end insert | begin insert
$1,363 end insert |
| begin insert
end insert | begin insert
75-100 end insert | begin insert
$3,180 end insert | begin insert
$1,590 end insert |
| begin insert
end insert | begin insert
101-150 end insert | begin insert
$3,634 end insert | begin insert
$1,817 end insert |
| begin insert
end insert | begin insert
151-200 end insert | begin insert
$4,237 end insert | begin insert
$2,119 end insert |
| begin insert
end insert | begin insert
201-250 end insert | begin insert
$4,840 end insert | begin insert
$2,420 end insert |
| begin insert
end insert | begin insert
251-300 end insert | begin insert
$5,445 end insert | begin insert
$2,723 end insert |
| begin insert
end insert | begin insert
301-350 end insert | begin insert
$6,050 end insert | begin insert
$3,025 end insert |
| begin insert
end insert | begin insert
351-400 end insert | begin insert
$6,655 end insert | begin insert
$3,328 end insert |
| begin insert
end insert | begin insert
401-500 end insert | begin insert
$7,865 end insert | begin insert
$3,933 end insert |
| begin insert
end insert | begin insert
501-600 end insert | begin insert
$9,075 end insert | begin insert
$4,538 end insert |
| begin insert
end insert | begin insert
601-700 end insert | begin insert
$10,285 end insert | begin insert
$5,143 end insert |
| begin insert
end insert | begin insert
701+ end insert | begin insert
$12,100 end insert | begin insert
$6,050 end insert |
28(2) (A) The Legislature finds that all revenues generated by
29fees for licenses computed under this section and used for the
30purposes for which they were imposed are not subject to Article
31XIII B of the California Constitution.
32(B) The department, at least every five years, shall analyze
33initial application fees and annual fees issued by it to ensure the
34appropriate fee amounts are charged. The department shall
35recommend to the Legislature that fees established by the
36Legislature be adjusted as necessary to ensure that the amounts
37are appropriate.
38(b) (1) In addition to fees set forth in subdivision (a), the
39department shall charge the following fees:
P41 1(A) A fee that represents 50 percent of an established application
2fee when an existing licensee moves the facility to a new physical
3address.
4(B) A fee that represents 50 percent of the established
5application fee when a corporate licensee changes who has the
6authority to select a
majority of the board of directors.
7(C) A fee of twenty-five dollars ($25) when an existing licensee
8seeks to either increase or decrease the licensed capacity of the
9facility.
10(D) An orientation fee of fifty dollars ($50) for attendance by
11any individual at a department-sponsored orientation session.
12(E) A probation monitoring fee equal to thebegin insert currentend insert annual fee,
13in addition to thebegin insert currentend insert annual fee for that category and capacity
14for each year a license has been placed on probation as a result of
15a stipulation or decision and order pursuant to the administrative
16adjudication procedures of the
Administrative Procedure Act
17(Chapter 4.5 (commencing with Section 11400) and Chapter 5
18(commencing with Section 11500) of Part 1 of Division 3 of Title
192 of the Government Code).
20(F) A late fee that represents an additional 50 percent of the
21establishedbegin insert currentend insert annual fee when any licensee fails to pay the
22begin insert currentend insert annual licensing fee on or before the due date as indicated
23by postmark on the payment.
24(G) A fee to cover any costs incurred by the department for
25processing payments including, but not limited to, bounced check
26charges, charges for credit and debit transactions, and postage due
27charges.
28(H) A
plan of correction fee of two hundred dollars ($200) when
29any licensee does not implement a plan of correction on or prior
30to the date specified in the plan.
31(2) Foster family homes shall be exempt from the fees imposed
32pursuant to this subdivision.
33(3) Foster family agencies shall be annually assessed
34eighty-eight dollars ($88) for each home certified by the agency.
35(4) No local jurisdiction shall impose any business license, fee,
36or tax for the privilege of operating a facility licensed under this
37chapter which serves six or fewer persons.
38(c) (1) The revenues collected from licensing fees pursuant to
39this section shall be utilized by the department for the purpose of
40ensuring the health and safety of all individuals provided
care and
P42 1supervision by licensees and to support activities of the licensing
2program, including, but not limited to, monitoring facilities for
3compliance with licensing laws and regulations pursuant to this
4chapter, and other administrative activities in support of the
5licensing program, when appropriated for these purposes. The
6revenues collected shall be used in addition to any other funds
7appropriated in the Budget Act in support of the licensing program.
8begin insert The department shall adjust the fees collected pursuant to this
9section as necessary to ensure that they do not exceed the costs
10described in this paragraph.end insert
11(2) The department shall not utilize any portion of these revenues
12sooner than 30 days after notification in writing of the purpose
13and use of this revenue, as approved by the Director of Finance,
14to the Chairperson of the Joint
Legislative Budget Committee, and
15the chairpersons of the committee in each house that considers
16appropriations for each fiscal year. The department shall submit
17a budget change proposal to justify any positions or any other
18related support costs on an ongoing basis.
19(d) A facility may use a bona fide business check to pay the
20license fee required under this section.
21(e) The failure of an applicant or licensee to pay all applicable
22and accrued fees and civil penalties shall constitute grounds for
23denial or forfeiture of a license.
begin insertSection 1523.2 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
25amended to read:end insert
(a) Beginning with the 1996-97 fiscal year, there is
27hereby created in the State Treasury the Technical Assistance
28Fund, from which money, upon appropriation by the Legislature
29in the Budget Act, shall be expended by the department to fund
30administrative and other activities in support of the licensing
31program.
32(b) In each fiscal year, fees collected by the department pursuant
33to Sections 1523.1, 1568.05, 1569.185, and 1596.803 shall be
34deposited into the Technical Assistance Fund created pursuant to
35subdivision (a) and shall be expended by the department for the
36purpose of ensuring the health and safety of all individuals provided
37care and supervision by licensees and to support activities of the
38licensing program,
including, but not limited to, monitoring
39facilities for compliance with applicable laws and regulations.
P43 1(c) Notwithstanding any other provision of law, revenues
2received by the department from payment of civil penalties
3imposed on licensed facilities pursuant to Sections 1522, 1536,
41547, 1548, 1568.0821, 1568.0822, 1568.09, 1569.17, 1569.485,
5and 1569.49 shall be deposited into the Technical Assistance Fund
6created pursuant to subdivision (a), andbegin delete shallend deletebegin insert mayend insert be expended by
7the departmentbegin delete exclusivelyend delete for the technical assistance, training,
8and education of licensees.
begin insertSection 1533 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is amended
10to read:end insert
begin insert (a)end insertbegin insert end insert Except as otherwise provided in this section, any
12duly authorized officer, employee, or agent of the State Department
13of Social Services may, upon presentation of proper identification,
14enter and inspect any place providing personal care, supervision,
15and services at any time, with or without advance notice, to secure
16compliance with, or to prevent a violation of, any provision of this
17chapter.
18begin insert (b)end insertbegin insert end insertbegin insert (1)end insertbegin insert end insert Foster family homesbegin delete whichend deletebegin insert thatend insert are considered private
19residences for the purposes of Section 1530.5 shall not be subject
20to inspection by the department or its officers without advance
21notice, except in response to abegin delete complaint.end deletebegin insert complaint, a plan of
22correction, or as set forth in Section 1534.end insert Thebegin delete unannounced visitsend delete
23begin insert complaint inspectionend insert shall not constitutebegin delete the annual evaluation begin insert an inspection asend insert required by Section 1534.
24visitend deletebegin delete Inspection visits begin insert Announced inspections ofend insert foster family homesbegin insert required by
25toend delete
26Section 1534end insert shall be made during normal business hours, unless
27the serious nature of a complaint requires otherwise.
28“Normal
end delete
29begin insert(2)end insertbegin insert end insertbegin delete business hours,” asend deletebegin insert Asend insert used in thisbegin delete section,end deletebegin insert subdivision,
30“normal business hours”end insert means from 8 a.m. to 5 p.m., inclusive,
31of each day from Monday to Friday, inclusive, other than state
32holidays.
begin insertSection 1534 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is amended
34to read:end insert
(a) (1) (A) Except for foster family homes, every
36licensed community care facility shall be subject to unannounced
37inspections by the department.
38(B) Foster family homes shall be subject to announced
39inspections by the department, except that a foster family home
40shall be subject to unannounced inspections in response to a
P44 1complaint, a plan of correction, or under any of the circumstances
2set forth in subparagraph (B) of paragraph (2).
3(a)
end delete
4begin insert(2)end insert begin delete (1)end deletebegin insert(A)end insert begin delete Every licensed community care facility shall be The department
5subject to unannounced visits by the department.end delete
6begin delete shall visitend deletebegin insert may inspectend insert these facilities as often as necessary to
7ensure the quality of care provided.
8(A)
end delete
9begin insert(B)end insert The department shall conduct an annual unannouncedbegin delete visit begin insert inspection ofend insert a facility under any of the following circumstances:
10toend delete
11(i) When a license is on probation.
12(ii) When the terms of agreement in a facility compliance plan
13require an annualbegin delete evaluation.end deletebegin insert inspection.end insert
14(iii) When an accusation against a licensee is pending.
15(iv) When a facility requires an annualbegin delete visitend deletebegin insert inspectionend insert as a
16condition of receiving federal financial participation.
17(v) In order to verify that a person who has been ordered out of
18a facility by the department is no longer at the facility.
19(C) (i) The department shall conduct annual unannounced
20inspections of no less than 20 percent of facilities, except for foster
21family homes, not subject to an inspection under subparagraph
22(B).
23(ii) The department shall conduct annual announced
inspections
24of no less than 20 percent of foster family homes not subject to an
25inspection under subparagraph (B).
26(B)
end delete
27begin insert(iii)end insert begin delete (i)end deletebegin delete end deletebegin delete end deletebegin delete end deletebegin delete The department shall conduct annual unannounced These
28visits to no less than 20 percent of facilities not subject to an
29evaluation under subparagraph (A).end deletebegin delete unannounced visitsend delete
30begin insert inspectionsend insert shall be conducted based on a random sampling
31methodology developed by the department.
32(ii)
end delete
33begin insert(iv)end insert If the total citations issued by the departmentbegin insert to facilitiesend insert
34 exceed the previous year’s total by 10 percent, the following year
35the department shall increase the random sample by an additional
3610 percent of the facilities not subject to anbegin delete evaluationend deletebegin insert inspectionend insert
37 under subparagraphbegin delete (A).end deletebegin insert (B).end insert The department may request
38additional resources to increase the random sample by 10 percent.
39(C)
end delete
P45 1begin insert(v)end insert begin delete Under no circumstanceend deletebegin insert The departmentend insert shallbegin delete the department begin insert not inspectend insert abegin insert licensedend insert community care facility less often than
2visitend delete
3once every five years.
4(D)
end delete
5begin insert(3)end insert In order to facilitate direct contact with group home clients,
6the department may interview children who are clients of group
7homes at any public agency or private agency at which the client
8may be found, including, but not limited to, a juvenile hall,
9recreation or vocational program, or abegin insert public orend insert nonpublic school.
10The department shall respect the rights of the child while
11conducting the interview, including informing the child that he or
12she has the right not to be interviewed and the right to have another
13adult present during the interview.
14(2)
end delete
15begin insert(4)end insert The department shall notify the community care facility in
16writing of all deficiencies in its compliance with the provisions of
17this chapter and the rules and regulations adopted pursuant to this
18chapter, and shall set a reasonable length of time for compliance
19by the facility.
20(3)
end delete
21begin insert(5)end insert Reports on the results of each inspection, evaluation, or
22consultation shall be kept on file in the department, and all
23inspection reports, consultation reports, lists of deficiencies, and
24plans of correction shall be open to public inspection.
25(b) (1) begin delete Nothing in thisend deletebegin insert Thisend insert sectionbegin delete shallend deletebegin insert does notend insert limit the
26authority of the department to inspect or evaluate a licensed foster
27family agency, a certified family home, or any aspect of a program
28begin delete whereend deletebegin insert in whichend insert a licensed community care facility is certifying
29compliance with licensing requirements.
30(2) (A) A foster family agency shall conduct an announced
31inspection of a certified family home during the annual
32recertification described in Section 1506 in order to ensure that
33the certified family home meets all applicable licensing standards.
34A foster family agency may inspect a certified family home as often
35as necessary to ensure the quality of care provided.
36(B) In addition to the inspections required
pursuant to
37subparagraph (A), a foster family agency shall conduct an
38unannounced inspection of a certified family home under any of
39the following circumstances:
40(i) When a certified family home is on probation.
end insertbegin insert
P46 1(ii) When the terms of the agreement in a facility compliance
2plan require an annual inspection.
3(iii) When an accusation against a certified family home is
4pending.
5(iv) When a certified family home requires an annual inspection
6as a condition of receiving federal financial participation.
7(v) In order to verify that a person who has been ordered out
8of a certified family home by the department is no longer at the
9home.
10(2)
end delete
11begin insert(3)end insert Upon a finding of noncompliance by the department, the
12department may require a foster family agency to deny or revoke
13the certificate of approval of a certified family home, or take other
14action the department may deem necessary for the protection of a
15child placed with thebegin insert certifiedend insert family home. Thebegin delete family homeend delete
16begin insert certified parent or prospective foster parentend insert shall be afforded the
17due process provided pursuant to this chapter.
18(3)
end delete
19begin insert(4)end insert If the department requires a foster family agency to deny or
20revoke the certificate of approval, the department shall serve an
21order of denial or revocation upon the certified or prospective
22foster parent and foster family agency that shall notify the certified
23or prospective foster parent of the basis of the department’s action
24and of the certified or prospective foster parent’s right to a hearing.
25(4)
end delete
26begin insert(5)end insert Within 15 days after the department serves an order of denial
27or revocation, the certified or prospective foster parent may file a
28written appeal of the department’s decision with the department.
29The department’s action shall be final if the certified or prospective
30foster parent does not file a written appeal within 15 days after the
31department serves the denial or revocation order.
32(5)
end delete
33begin insert(6)end insert The department’s order of the denial or revocation of the
34certificate of approval shall remain in effect until the hearing is
35completed and the director has made a final determination on the
36merits.
37(6)
end delete
38begin insert(7)end insert A certified or prospective foster parent who files a written
39appeal of the department’s order with the department pursuant to
40this section shall, as part of the written request, provide his or her
P47 1current mailing address. The certified or prospective foster parent
2shall subsequently notify the department in writing of any change
3in mailing address, until the hearing process has been completed
4or terminated.
5(7)
end delete
6begin insert(8)end insert Hearings held pursuant to this section shall be conducted in
7accordance with Chapter 5 (commencing with Section 11500) of
8begin insert Part 1 ofend insert Division 3 of Title 2 of the Government Code. In all
9proceedings conducted in accordance with this section the standard
10of proof shall be by a preponderance of the evidence.
11(8)
end delete
12begin insert(9)end insert The department may institute or continue a disciplinary
13proceeding against a certified or prospective foster parent upon
14any ground provided by thisbegin delete section,end deletebegin insert section or Section 1550,end insert enter
15an order denying or revoking the certificate of approval, or
16otherwise take disciplinary action against the certified or
17prospective foster parent, notwithstanding any resignation,
18withdrawal of application, surrender of the certificate of approval,
19or denial or revocation of the certificate of approval by the foster
20family agency.
21(9)
end delete
22begin insert(10)end insert A foster family agency’s failure to comply with the
23department’s order to deny or revoke the certificate ofbegin delete employmentend delete
24begin insert approvalend insert by placing or retaining children in care shall be grounds
25for disciplining the licensee pursuant to Section 1550.
begin insertSection 1546 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is repealed.end insert
The department may require not more than 50 percent
28of each penalty assessed pursuant to Section 1548 to be transmitted
29to the department for use by the Community Care Licensing
30Division of the state department to establish an emergency resident
31relocation fund to be utilized for the relocation and care of residents
32when a facility’s license is revoked or temporarily suspended,
33when appropriated by the Legislature. The money in the fund shall
34cover costs, including but not limited to, transportation expenses,
35expenses incurred in notifying family members, and any other
36costs directly associated with providing continuous care to the
37residents. The department shall seek the advice of providers in
38developing a state plan for emergency resident relocation.
begin insertSection 1546 is added to the end insertbegin insertHealth and Safety Codeend insertbegin insert,
40to read:end insert
An emergency client contingency account may be
2established within the Technical Assistance Fund to which not
3more than 50 percent of each penalty assessed pursuant to Section
41548 is deposited for use by the Community Care Licensing
5Division of the department, at the discretion of the director, for
6the care and relocation of clients when a facility’s license is
7revoked or temporarily suspended. The money in the account shall
8cover costs, including, but not limited to, transportation expenses,
9expenses incurred in notifying family members, and any other costs
10directly associated with providing continuous care and supervision
11to the clients. The department may seek the opinion of stakeholders
12and local governmental agencies in developing policies for
13emergency client care and supervision.
begin insertSection 1546.1 is added to the end insertbegin insertHealth and Safety
15Codeend insertbegin insert, to read:end insert
(a) (1) It is the intent of the Legislature in enacting
17this section to authorize the department to take quick, effective
18action to protect the health and safety of clients of community care
19facilities and to minimize the effects of transfer trauma that
20accompany the abrupt transfer of clients by appointing a temporary
21manager to assume the operation of a facility that is found to be
22in a condition in which continued operation by the licensee or his
23or her representative presents a substantial probability of imminent
24danger of serious physical harm or death to the clients.
25(2) A temporary manager appointed pursuant to this section
26shall assume the operation of the facility in order to bring it into
27compliance with the law,
facilitate a transfer of ownership to a
28new licensee, or ensure the orderly transfer of clients should the
29facility be required to close. Upon a final decision and order of
30revocation of the license or a forfeiture by operation of law, the
31department shall immediately issue a provisional license to the
32appointed temporary manager. Notwithstanding the applicable
33sections of this code governing the revocation of a provisional
34license, the provisional license issued to a temporary manager
35shall automatically expire upon the termination of the temporary
36manager. The temporary manager shall possess the provisional
37license solely for purposes of carrying out the responsibilities
38authorized by this section and the duties set forth in the written
39agreement between the department and the temporary manager.
P49 1The temporary manager shall have no right to appeal the
2expiration of the provisional license.
3(b) For purposes of this section, “temporary manager”
means
4the person, corporation, or other entity appointed temporarily by
5the department as a substitute facility licensee or administrator
6with authority to hire, terminate, reassign staff, obligate facility
7funds, alter facility procedures, and manage the facility to correct
8deficiencies identified in the facility’s operation. The temporary
9manager shall have the final authority to direct the care and
10supervision activities of any person associated with the facility,
11including superseding the authority of the licensee and the
12administrator.
13(c) The director may appoint a temporary manager when it is
14determined that it is necessary to temporarily suspend any license
15of a community care facility pursuant to Section 1550.5 and any
16of the following circumstances exist:
17(1) The immediate relocation of the clients is not feasible based
18on transfer trauma, lack of alternate placements,
or other
19emergency considerations for the health and safety of the clients.
20(2) The licensee is unwilling or unable to comply with the
21requirements of Section 1556 for the safe and orderly relocation
22of clients when ordered to do so by the department.
23(d) (1) Upon appointment, the temporary manager shall
24complete its application for a license to operate a community care
25facility and take all necessary steps and make best efforts to
26eliminate any substantial threat to the health and safety to clients
27or complete the transfer of clients to alternative placements
28pursuant to Section 1556. For purposes of a provisional license
29issued to a temporary manager, the licensee’s existing fire safety
30clearance shall serve as the fire safety clearance for the temporary
31manager’s provisional license.
32(2) A
person shall not impede the operation of a temporary
33manager. The temporary manager’s access to, or possession of,
34the property shall not be interfered with during the term of the
35temporary manager appointment. There shall be an automatic stay
36for a 60-day period subsequent to the appointment of a temporary
37manager of any action that would interfere with the functioning
38of the facility, including, but not limited to, termination of utility
39services, attachments or set-offs of client trust funds, and
40repossession of equipment in the facility.
P50 1(e) (1) The appointment of a temporary manager shall be
2immediately effective and shall continue for a period not to exceed
360 days unless otherwise extended in accordance with paragraph
4(2) of subdivision (h) at the discretion of the department or
5otherwise terminated earlier by any of the following events:
6(A) The
temporary manager notifies the department, and the
7department verifies, that the facility meets state and, if applicable,
8federal standards for operation, and will be able to continue to
9maintain compliance with those standards after the termination
10of the appointment of the temporary manager.
11(B) The department approves a new temporary manager.
12(C) A new operator is licensed.
13(D) The department closes the facility.
14(E) A hearing or court order ends the temporary manager
15appointment, including the appointment of a receiver under Section
161546.2.
17(F) The appointment is terminated by the department or the
18temporary manager.
19(2) The appointment of a temporary manager shall authorize
20the temporary manager to act pursuant to this section. The
21appointment shall be made pursuant to a written agreement
22between the temporary manager and the department that outlines
23the circumstances under which the temporary manager may expend
24funds. The department shall provide the licensee and administrator
25with a copy of the accusation to appoint a temporary manager at
26the time of appointment. The accusation shall notify the licensee
27of the licensee’s right to petition the Office of Administrative
28Hearings for a hearing to contest the appointment of the temporary
29manager as described in subdivision (f) and shall provide the
30licensee with a form and appropriate information for the licensee’s
31use in requesting a hearing.
32(3) The director may rescind the appointment of a temporary
33manager and appoint a new temporary manager at any time that
34the director determines the
temporary manager is not adhering to
35the conditions of the appointment.
36(f) (1) The licensee of a community care facility may contest
37the appointment of the temporary manager by filing a petition for
38an order to terminate the appointment of the temporary manager
39with the Office of Administrative Hearings within 15 days from
40the date of mailing of the accusation to appoint a temporary
P51 1manager under subdivision (e). On the same day as the petition is
2filed with the Office of Administrative Hearings, the licensee shall
3serve a copy of the petition to the office of the director.
4(2) Upon receipt of a petition under paragraph (1), the Office
5of Administrative Hearings shall set a hearing date and time within
610 business days of the receipt of the petition. The office shall
7promptly notify the licensee and the department of the date, time,
8and place of the hearing.
The office shall assign the case to an
9administrative law judge. At the hearing, relevant evidence may
10be presented pursuant to Section 11513 of the Government Code.
11The administrative law judge shall issue a written decision on the
12petition within 10 business days of the conclusion of the hearing.
13The 10-day time period for holding the hearing and for rendering
14a decision may be extended by the written agreement of the parties.
15(3) The administrative law judge shall uphold the appointment
16of the temporary manager if the department proves, by a
17preponderance of the evidence, that the circumstances specified
18in subdivision (c) applied to the facility at the time of the
19appointment. The administrative law judge shall order the
20termination of the temporary manager if the burden of proof is
21not satisfied.
22(4) The decision of the administrative law judge is subject to
23judicial review
as provided in Section 1094.5 of the Code of Civil
24Procedure by the superior court of the county where the facility
25is located. This review may be requested by the licensee of the
26facility or the department by filing a petition seeking relief from
27the order. The petition may also request the issuance of temporary
28injunctive relief pending the decision on the petition. The superior
29court shall hold a hearing within 10 business days of the filing of
30the petition and shall issue a decision on the petition within 10
31days of the hearing. The department may be represented by legal
32counsel within the department for purposes of court proceedings
33authorized under this section.
34(g) If the licensee of the community care facility does not protest
35the appointment or does not prevail at either the administrative
36hearing under paragraph (2) of subdivision (f) or the superior
37court hearing under paragraph (4) of subdivision (f), the temporary
38 manager shall
continue in accordance with subdivision (e).
39(h) (1) If the licensee of the community care facility petitions
40the Office of Administrative Hearings pursuant to subdivision (f),
P52 1the appointment of the temporary manager by the director pursuant
2to this section shall continue until it is terminated by the
3administrative law judge or by the superior court, or it shall
4continue until the conditions of subdivision (e) are satisfied,
5whichever is earlier.
6(2) At any time during the appointment of the temporary
7manager, the director may request an extension of the appointment
8by filing a petition for hearing with the Office of Administrative
9Hearings and serving a copy of the petition on the licensee. The
10office shall proceed as specified in paragraph (2) of subdivision
11(f). The administrative law judge may extend the appointment of
12the temporary manager an
additional 60 days upon a showing by
13the department that the conditions specified in subdivision (c)
14continue to exist.
15(3) The licensee or the department may request review of the
16administrative law judge’s decision on the extension as provided
17in paragraph (4) of subdivision (f).
18(i) The temporary manager appointed pursuant to this section
19shall meet the following qualifications:
20(1) Be qualified to oversee correction of deficiencies on the
21basis of experience and education.
22(2) Not be the subject of any pending actions by the department
23or any other state agency nor have ever been excluded from a
24department licensed facility or had a license or certification
25suspended or revoked by an administrative action by the
26department or any other state
agency.
27(3) Have no financial ownership interest in the facility and have
28no member of his or her immediate family who has a financial
29ownership interest in the facility.
30(4) Not currently serve, or within the past two years have served,
31as a member of the staff of the facility.
32(j) Payment of the costs of the temporary manager shall comply
33with the following requirements:
34(1) Upon agreement with the licensee, the costs of the temporary
35manager and any other expenses in connection with the temporary
36management shall be paid directly by the facility while the
37temporary manager is assigned to that facility. Failure of the
38licensee to agree to the payment of those costs may result in the
39payment of the costs by the department and subsequent required
P53 1
reimbursement of the department by the licensee pursuant to this
2section.
3(2) Direct costs of the temporary manager shall be equivalent
4to the sum of the following:
5(A) The prevailing fee paid by licensees for positions of the
6same type in the facility’s geographic area.
7(B) Additional costs that reasonably would have been incurred
8by the licensee if the licensee and the temporary manager had
9been in an employment relationship.
10(C) Any other reasonable costs incurred by the temporary
11manager in furnishing services pursuant to this section.
12(3) May exceed the amount specified in paragraph (2) if the
13department is otherwise unable to attract a qualified temporary
14manager.
15(k) (1) The responsibilities of the temporary manager may
16include, but are not limited to, the following:
17(A) Paying wages to staff. The temporary manager shall have
18the full power to hire, direct, manage, and discharge employees
19of the facility, subject to any contractual rights they may have. The
20temporary manager shall pay employees at the same rate of
21compensation, including benefits, that the employees would have
22received from the licensee or wages necessary to provide adequate
23staff for the protection of clients and compliance with the law.
24(B) Preserving client funds. The temporary manager shall be
25entitled to, and shall take possession of, all property or assets of
26clients that are in the possession of the licensee or administrator
27of the facility. The temporary manager shall preserve all
property,
28assets, and records of clients of which the temporary manager
29takes possession.
30(C) Contracting for outside services as may be needed for the
31operation of the facility. Any contract for outside services in excess
32of five thousand dollars ($5,000) shall be approved by the director.
33(D) Paying commercial creditors of the facility to the extent
34required to operate the facility. The temporary manager shall
35honor all leases, mortgages, and secured transactions affecting
36the building in which the facility is located and all goods and
37fixtures in the building, but only to the extent of payments that, in
38the case of a rental agreement, are for the use of the property
39during the period of the temporary management, or that, in the
P54 1case of a purchase agreement, come due during the period of the
2temporary management.
3(E) Doing all things necessary and proper to maintain and
4operate the facility in accordance with sound fiscal policies. The
5temporary manager shall take action as is reasonably necessary
6to protect or conserve the assets or property of which the
7temporary manager takes possession and may use those assets or
8property only in the performance of the powers and duties set out
9in this section.
10(2) Expenditures by the temporary manager in excess of five
11thousand dollars ($5,000) shall be approved by the director. Total
12encumbrances and expenditures by the temporary manager for
13the duration of the temporary management shall not exceed the
14sum of forty-nine thousand nine hundred ninety-nine dollars
15($49,999) unless approved by the director in writing.
16(3) The temporary manager shall make no capital improvements
17to the facility in excess of five thousand dollars ($5,000)
without
18the approval of the director.
19(l) (1) To the extent department funds are advanced for the
20costs of the temporary manager or for other expenses in connection
21with the temporary management, the department shall be
22reimbursed from the revenues accruing to the facility or to the
23licensee or an entity related to the licensee. Any reimbursement
24received by the department shall be redeposited in the account
25from which the department funds were advanced. If the revenues
26are insufficient to reimburse the department, the unreimbursed
27amount shall constitute a lien upon the assets of the facility or the
28proceeds from the sale thereof. The lien against the personal assets
29of the facility or an entity related to the licensee shall be filed with
30the Secretary of State on the forms required for a notice of
31judgment lien. A lien against the real property of the facility or an
32entity related to the licensee shall be recorded with
the county
33recorder of the county where the facility of the licensee is located
34or where the real property of the entity related to the licensee is
35located. The lien shall not attach to the interests of a lessor, unless
36the lessor is operating the facility. The authority to place a lien
37against the personal and real property of the licensee for the
38reimbursement of any state funds expended pursuant to this section
39shall be given judgment creditor priority.
P55 1(2) For purposes of this section, “entity related to the licensee”
2means an entity, other than a natural person, of which the licensee
3is a subsidiary or an entity in which a person who was obligated
4to disclose information under Section 1520 possesses an interest
5that would also require disclosure pursuant to Section 1520.
6(m) Appointment of a temporary manager under this section
7does not relieve the licensee of any
responsibility for the care and
8supervision of clients under this chapter. The licensee, even if the
9license is deemed surrendered or the facility abandoned, shall be
10required to reimburse the department for all costs associated with
11operation of the facility during the period the temporary manager
12is in place that are not accounted for by using facility revenues or
13for the relocation of clients handled by the department if the
14licensee fails to comply with the relocation requirements of Section
151556 when required by the department to do so. If the licensee
16fails to reimburse the department under this section, then the
17department, along with using its own remedies available under
18this chapter, may request that the Attorney General’s office, the
19city attorney’s office, or the local district attorney’s office seek
20any available criminal, civil, or administrative remedy, including,
21but not limited to, injunctive relief, restitution, and damages in the
22same manner as provided for in Chapter 5 (commencing with
23
Section 17200) of Part 2 of Division 7 of the Business and
24Professions Code.
25(n) The department may use funds from the emergency client
26contingency account pursuant to Section 1546 when needed to
27supplement the operation of the facility or the transfer of clients
28under the control of the temporary manager appointed under this
29section if facility revenues are unavailable or exhausted when
30needed. Pursuant to subdivision (l), the licensee shall be required
31to reimburse the department for any funds used from the emergency
32client contingency account during the period of control of the
33temporary manager and any incurred costs of collection.
34(o) This section does not apply to a residential facility that
35serves six or fewer persons and is also the principal residence of
36the licensee.
37(p) Notwithstanding any other provision
of law, the temporary
38manager shall be liable only for damages resulting from gross
39negligence in the operation of the facility or intentional tortious
40acts.
P56 1(q) All governmental immunities otherwise applicable to the
2state shall also apply to the state in the use of a temporary manager
3in the operation of a facility pursuant to this section.
4(r) A licensee shall not be liable for any occurrences during the
5temporary management under this section except to the extent that
6the occurrences are the result of the licensee’s conduct.
7(s) The department may adopt regulations for the administration
8of this section.
begin insertSection 1546.2 is added to the end insertbegin insertHealth and Safety
10Codeend insertbegin insert, to read:end insert
(a) It is the intent of the Legislature in enacting this
12section to authorize the department to take quick, effective action
13to protect the health and safety of residents of community care
14facilities and to minimize the effects of transfer trauma that
15accompany the abrupt transfer of clients through a system whereby
16the department may apply for a court order appointing a receiver
17to temporarily operate a community care facility. The receivership
18is not intended to punish a licensee or to replace attempts to secure
19cooperative action to protect the clients’ health and safety. The
20receivership is intended to protect the clients in the absence of
21other reasonably available alternatives. The receiver shall assume
22the operation of the facility in order to bring it into compliance
23with law, facilitate a transfer of
ownership to a new licensee, or
24ensure the orderly transfer of clients should the facility be required
25to close.
26(b) (1) Whenever circumstances exist indicating that continued
27management of a community care facility by the current licensee
28would present a substantial probability or imminent danger of
29serious physical harm or death to the clients, or the facility is
30closing or intends to terminate operation as a community care
31facility and adequate arrangements for relocation of clients have
32not been made at least 30 days prior to the closing or termination,
33the director may petition the superior court for the county in which
34the community care facility is located for an order appointing a
35receiver to temporarily operate the community care facility in
36accordance with this section.
37(2) The petition shall allege the facts upon which the action is
38based and shall
be supported by an affidavit of the director. A
39copy of the petition and affidavits, together with an order to appear
40and show cause why temporary authority to operate the community
P57 1care facility should not be vested in a receiver pursuant to this
2section, shall be delivered to the licensee, administrator, or a
3responsible person at the facility to the attention of the licensee
4and administrator. The order shall specify a hearing date, which
5shall be not less than 10, nor more than 15, days following delivery
6of the petition and order upon the licensee, except that the court
7may shorten or lengthen the time upon a showing of just cause.
8(c) (1) If the director files a petition pursuant to subdivision
9(b) for appointment of a receiver to operate a community care
10facility, in accordance with Section 564 of the Code of Civil
11Procedure, the director may also petition the court, in accordance
12with Section 527 of the Code of
Civil Procedure, for an order
13appointing a temporary receiver. A temporary receiver appointed
14by the court pursuant to this subdivision shall serve until the court
15has made a final determination on the petition for appointment of
16a receiver filed pursuant to subdivision (b). A receiver appointed
17pursuant to this subdivision shall have the same powers and duties
18as a receiver would have if appointed pursuant to subdivision (b).
19Upon the director filing a petition for a receiver, the receiver shall
20complete its application for a provisional license to operate a
21community care facility. For purposes of a provisional license
22issued to a receiver, the licensee’s existing fire safety clearance
23shall serve as the fire safety clearance for the receiver’s provisional
24license.
25(2) At the time of the hearing, the department shall advise the
26licensee of the name of the proposed receiver. The receiver shall
27be a certified community care facility
administrator or other
28responsible person or entity, as determined by the court, from a
29list of qualified receivers established by the department, and, if
30need be, with input from providers of residential care and
31consumer representatives. Persons appearing on the list shall have
32experience in the delivery of care services to clients of community
33care facilities, and, if feasible, shall have experience with the
34operation of a community care facility, shall not be the subject of
35any pending actions by the department or any other state agency,
36and shall not have ever been excluded from a department licensed
37facility nor have had a license or certification suspended or
38revoked by an administrative action by the department or any other
39state agency. The receivers shall have sufficient background and
40experience in management and finances to ensure compliance with
P58 1orders issued by the court. The owner, licensee, or administrator
2shall not be appointed as the receiver unless authorized by the
3court.
4(3) If at the conclusion of the hearing, which may include oral
5testimony and cross-examination at the option of any party, the
6court determines that adequate grounds exist for the appointment
7of a receiver and that there is no other reasonably available
8remedy to protect the clients, the court may issue an order
9appointing a receiver to temporarily operate the community care
10facility and enjoining the licensee from interfering with the receiver
11in the conduct of his or her duties. In these proceedings, the court
12shall make written findings of fact and conclusions of law and
13shall require an appropriate bond to be filed by the receiver and
14paid for by the licensee. The bond shall be in an amount necessary
15to protect the licensee in the event of any failure on the part of the
16receiver to act in a reasonable manner. The bond requirement
17may be waived by the licensee.
18(4) The court may
permit the licensee to participate in the
19continued operation of the facility during the pendency of any
20receivership ordered pursuant to this section and shall issue an
21order detailing the nature and scope of participation.
22(5) Failure of the licensee to appear at the hearing on the
23petition shall constitute an admission of all factual allegations
24contained in the petition for purposes of these proceedings only.
25(6) The licensee shall receive notice and a copy of the
26application each time the receiver applies to the court or the
27department for instructions regarding his or her duties under this
28section, when an accounting pursuant to subdivision (i) is
29submitted, and when any other report otherwise required under
30this section is submitted. The licensee shall have an opportunity
31to present objections or otherwise participate in those proceedings.
32(d) A person shall not impede the operation of a receivership
33created under this section. The receiver’s access to, or possession
34of, the property shall not be interfered with during the term of the
35receivership. There shall be an automatic stay for a 60-day period
36subsequent to the appointment of a receiver of any action that
37would interfere with the functioning of the facility, including, but
38not limited to, cancellation of insurance policies executed by the
39licensees, termination of utility services, attachments or setoffs of
P59 1client trust funds and working capital accounts, and repossession
2of equipment in the facility.
3(e) When a receiver is appointed, the licensee may, at the
4discretion of the court, be divested of possession and control of
5the facility in favor of the receiver. If the court divests the licensee
6of possession and control of the facility in favor of the receiver,
7
the department shall immediately issue a provisional license to
8the receiver. Notwithstanding the applicable sections of this code
9governing the revocation of a provisional license, the provisional
10license issued to a receiver shall automatically expire upon the
11termination of the receivership. The receiver shall possess the
12provisional license solely for purposes of carrying out the
13responsibilities authorized by this section and the duties ordered
14by the court. The receiver shall have no right to appeal the
15expiration of the provisional license.
16(f) A receiver appointed pursuant to this section:
17(1) May exercise those powers and shall perform those duties
18ordered by the court, in addition to other duties provided by statute.
19(2) Shall operate the facility in a manner that ensures the safety
20and adequate care for
the clients.
21(3) Shall have the same rights to possession of the building in
22which the facility is located, and of all goods and fixtures in the
23building at the time the petition for receivership is filed, as the
24licensee and administrator would have had if the receiver had not
25been appointed.
26(4) May use the funds, building, fixtures, furnishings, and any
27accompanying consumable goods in the provision of care and
28services to clients and to any other persons receiving services from
29the facility at the time the petition for receivership was filed.
30(5) Shall take title to all revenue coming to the facility in the
31name of the receiver who shall use it for the following purposes
32in descending order of priority:
33(A) To pay wages to staff. The receiver shall
have full power to
34hire, direct, manage, and discharge employees of the facility,
35subject to any contractual rights they may have. The receiver shall
36pay employees at the same rate of compensation, including benefits,
37that the employees would have received from the licensee or wages
38necessary to provide adequate staff for the protection of the clients
39and compliance with the law.
P60 1(B) To preserve client funds. The receiver shall be entitled to,
2and shall take, possession of all property or assets of clients that
3are in the possession of the licensee or operator of the facility. The
4receiver shall preserve all property, assets, and records of clients
5of which the receiver takes possession.
6(C) To contract for outside services as may be needed for the
7operation of the community care facility. Any contract for outside
8services in excess of five thousand dollars ($5,000) shall be
9
approved by the court.
10(D) To pay commercial creditors of the facility to the extent
11required to operate the facility. Except as provided in subdivision
12(h), the receiver shall honor all leases, mortgages, and secured
13transactions affecting the building in which the facility is located
14and all goods and fixtures in the building of which the receiver
15has taken possession, but only to the extent of payments which, in
16the case of a rental agreement, are for the use of the property
17during the period of receivership, or which, in the case of a
18purchase agreement, come due during the period of receivership.
19(E) To receive a salary, as approved by the court.
20(F) To do all things necessary and proper to maintain and
21operate the facility in accordance with sound fiscal policies. The
22receiver shall take action as is reasonably
necessary to protect or
23conserve the assets or property of which the receiver takes
24possession and may use those assets or property only in the
25performance of the powers and duties set out in this section and
26by order of the court.
27(G) To ask the court for direction in the treatment of debts
28incurred prior to the appointment, if the licensee’s debts appear
29extraordinary, of questionable validity, or unrelated to the normal
30and expected maintenance and operation of the facility, or if
31payment of the debts will interfere with the purposes of
32receivership.
33(g) (1) A person who is served with notice of an order of the
34court appointing a receiver and of the receiver’s name and address
35shall be liable to pay the receiver, rather than the licensee, for any
36goods or services provided by the community care facility after
37the date of the order. The receiver shall give
a receipt for each
38payment and shall keep a copy of each receipt on file. The receiver
39shall deposit amounts received in a special account and shall use
40this account for all disbursements. Payment to the receiver
P61 1pursuant to this subdivision shall discharge the obligation to the
2extent of the payment and shall not thereafter be the basis of a
3claim by the licensee or any other person. A client shall not be
4evicted nor may any contract or rights be forfeited or impaired,
5nor may any forfeiture be effected or liability increased, by reason
6of an omission to pay the licensee, operator, or other person a
7sum paid to the receiver pursuant to this subdivision.
8(2) This section shall not be construed to suspend, during the
9temporary management by the receiver, any obligation of the
10licensee for payment of local, state, or federal taxes. A licensee
11shall not be held liable for acts or omissions of the receiver during
12the term of the temporary
management.
13(3) Upon petition of the receiver, the court may order immediate
14payment to the receiver for past services that have been rendered
15and billed, and the court may also order a sum not to exceed one
16month’s advance payment to the receiver of any sums that may
17become payable under the Medi-Cal program.
18(h) (1) A receiver shall not be required to honor a lease,
19mortgage, or secured transaction entered into by the licensee of
20the facility and another party if the court finds that the agreement
21between the parties was entered into for a collusive, fraudulent
22purpose or that the agreement is unrelated to the operation of the
23facility.
24(2) A lease, mortgage, or secured transaction or an agreement
25unrelated to the operation of the facility that the receiver is
26permitted to dishonor pursuant to
this subdivision shall only be
27subject to nonpayment by the receiver for the duration of the
28receivership, and the dishonoring of the lease, mortgage, security
29interest, or other agreement, to this extent, by the receiver shall
30not relieve the owner or operator of the facility from any liability
31for the full amount due under the lease, mortgage, security interest,
32or other agreement.
33(3) If the receiver is in possession of real estate or goods subject
34to a lease, mortgage, or security interest that the receiver is
35permitted to avoid pursuant to paragraph (1), and if the real estate
36or goods are necessary for the continued operation of the facility,
37the receiver may apply to the court to set a reasonable rent, price,
38or rate of interest to be paid by the receiver during the duration
39of the receivership. The court shall hold a hearing on this
40application within 15 days. The receiver shall send notice of the
P62 1application to any known owner of the
property involved at least
210 days prior to the hearing.
3(4) Payment by the receiver of the amount determined by the
4court to be reasonable is a defense to any action against the
5receiver for payment or possession of the goods or real estate,
6subject to the lease or mortgage, which is brought by any person
7who received the notice required by this subdivision. However,
8payment by the receiver of the amount determined by the court to
9be reasonable shall not relieve the owner or operator of the facility
10from any liability for the difference between the amount paid by
11the receiver and the amount due under the original lease,
12mortgage, or security interest.
13(i) A monthly accounting shall be made by the receiver to the
14department of all moneys received and expended by the receiver
15on or before the 15th day of the following month or as ordered by
16the court, and the remainder of income
over expenses for that
17month shall be returned to the licensee. A copy of the accounting
18shall be provided to the licensee. The licensee or owner of the
19community care facility may petition the court for a determination
20as to the reasonableness of any expenditure made pursuant to
21paragraph (5) of subdivision (f).
22(j) (1) The receiver shall be appointed for an initial period of
23not more than three months. The initial three-month period may
24be extended for additional periods not exceeding three months, as
25determined by the court pursuant to this section. At the end of one
26month, the receiver shall report to the court on its assessment of
27the probability that the community care facility will meet state
28standards for operation by the end of the initial three-month period
29and will continue to maintain compliance with those standards
30after termination of the receiver’s management. If it appears that
31the facility cannot be
brought into compliance with state standards
32within the initial three-month period, the court shall take
33appropriate action as follows:
34(A) Extend the receiver’s management for an additional three
35months if there is a substantial likelihood that the facility will meet
36state standards within that period and will maintain compliance
37with the standards after termination of the receiver’s management.
38The receiver shall report to the court in writing upon the facility’s
39progress at the end of six weeks of any extension ordered pursuant
40to this paragraph.
P63 1(B) Order the director to revoke or temporarily suspend, or
2both, the license pursuant to Article 5 (commencing with Section
31550) and extend the receiver’s management for the period
4necessary to transfer clients in accordance with the transfer plan,
5but for not more than three months from the date of initial
6appointment of a receiver,
or 14 days, whichever is greater. An
7extension of an additional three months may be granted if deemed
8necessary by the court.
9(2) If it appears at the end of six weeks of an extension ordered
10pursuant to subparagraph (A) of paragraph (1) that the facility
11cannot be brought into compliance with state standards for
12operation or that it will not maintain compliance with those
13standards after the receiver’s management is terminated, the court
14shall take appropriate action as specified in subparagraph (B) of
15paragraph (1).
16(3) In evaluating the probability that a community care facility
17will maintain compliance with state standards of operation after
18the termination of receiver management ordered by the court, the
19court shall consider at least the following factors:
20(A) The duration, frequency, and severity of past
violations in
21the facility.
22(B) History of compliance in other care facilities operated by
23the proposed licensee.
24(C) Efforts by the licensee to prevent and correct past violations.
25(D) The financial ability of the licensee to operate in compliance
26with state standards.
27(E) The recommendations and reports of the receiver.
28(4) Management of a community care facility operated by a
29receiver pursuant to this section shall not be returned to the
30licensee, to any person related to the licensee, or to any person
31who served as a member of the facility’s staff or who was employed
32by the licensee prior to the appointment of the receiver unless both
33of the following conditions are met:
34(A) The department believes that it would be in the best interests
35of the clients of the facility, requests that the court return the
36operation of the facility to the former licensee, and provides clear
37and convincing evidence to the court that it is in the best interests
38of the facility’s clients to take that action.
39(B) The court finds that the licensee has fully cooperated with
40the department in the appointment and ongoing activities of a
P64 1receiver appointed pursuant to this section, and, if applicable, any
2temporary manager appointed pursuant to Section 1546.1.
3(5) The owner of the facility may at any time sell, lease, or close
4the facility, subject to the following provisions:
5(A) If the owner closes the facility, or the sale or lease results
6in the
closure of the facility, the court shall determine if a transfer
7plan is necessary. If the court so determines, the court shall adopt
8and implement a transfer plan consistent with the provisions of
9Section 1556.
10(B) If the licensee proposes to sell or lease the facility and the
11facility will continue to operate as a community care facility, the
12court and the department shall reevaluate any proposed transfer
13plan. If the court and the department determine that the sale or
14lease of the facility will result in compliance with licensing
15standards, the transfer plan and the receivership shall, subject to
16those conditions that the court may impose and enforce, be
17terminated upon the effective date of the sale or lease.
18(k) (1) The salary of the receiver shall be set by the court
19commensurate with community care facility industry standards,
20giving due consideration
to the difficulty of the duties undertaken,
21and shall be paid from the revenue coming to the facility. If the
22revenue is insufficient to pay the salary in addition to other
23expenses of operating the facility, the receiver’s salary shall be
24paid from the emergency client contingency account as provided
25in Section 1546. State advances of funds in excess of five thousand
26dollars ($5,000) shall be approved by the director. Total advances
27for encumbrances and expenditures shall not exceed the sum of
28forty-nine thousand nine hundred ninety-nine dollars ($49,999)
29unless approved by the director in writing.
30(2) To the extent state funds are advanced for the salary of the
31receiver or for other expenses in connection with the receivership,
32as limited by subdivision (g), the state shall be reimbursed from
33the revenues accruing to the facility or to the licensee or an entity
34related to the licensee. Any reimbursement received by the state
35shall be
redeposited in the account from which the state funds were
36advanced. If the revenues are insufficient to reimburse the state,
37the unreimbursed amount shall constitute a lien upon the assets
38of the facility or the proceeds from the sale thereof. The lien against
39the personal assets of the facility or an entity related to the licensee
40shall be filed with the Secretary of State on the forms required for
P65 1a notice of judgment lien. A lien against the real property of the
2facility or an entity related to the licensee shall be recorded with
3the county recorder of the county where the facility of the licensee
4is located or where the real property of the entity related to the
5licensee is located. The lien shall not attach to the interests of a
6lessor, unless the lessor is operating the facility.
7(3) For purposes of this subdivision, “entity related to the
8licensee” means an entity, other than a natural person, of which
9the licensee is a subsidiary or an
entity in which any person who
10was obligated to disclose information under Section 1520 possesses
11an interest that would also require disclosure pursuant to Section
121520.
13(l) (1) This section does not impair the right of the owner of a
14community care facility to dispose of his or her property interests
15in the facility, but any facility operated by a receiver pursuant to
16this section shall remain subject to that administration until
17terminated by the court. The termination shall be promptly
18effectuated, provided that the interests of the clients have been
19safeguarded as determined by the court.
20(2) This section does not limit the power of the court to appoint
21a receiver under any other applicable provision of law or to order
22any other remedy available under law.
23(m) (1) Notwithstanding any other provision of law, the receiver
24shall be liable only for damages resulting from gross negligence
25in the operation of the facility or intentional tortious acts.
26(2) All governmental immunities otherwise applicable to the
27State of California shall also apply in the use of a receiver in the
28operation if a facility pursuant to this section.
29(3) The licensee shall not be liable for any occurrences during
30the receivership except to the extent that the occurrences are the
31result of the licensee’s conduct.
32(n) The department may adopt regulations for the administration
33of this section. This section does not impair the authority of the
34department to temporarily suspend licenses under Section 1550.5
35or to reach a voluntary agreement with the licensee for alternate
36management of a
community care facility including the use of a
37temporary manager under Section 1546.1. This section does not
38authorize the department to interfere in a labor dispute.
P66 1(o) This section does not apply to a residential facility that
2serves six or fewer persons and is also the principal residence of
3the licensee.
4(p) This section does not apply to a licensee that has obtained
5a certificate of authority to offer continuing care contracts, as
6defined in paragraph (8) of subdivision (c) of Section 1771.
begin insertSection 1548.1 is added to the end insertbegin insertHealth and Safety
8Codeend insertbegin insert, to read:end insert
The Legislature finds and declares that the current
10civil penalty structure for facilities licensed by the State
11Department of Social Services is insufficient to ensure the health
12and safety of those in care. It is the intent of the Legislature to
13comprehensively increase these penalties for all facilities in
14subsequent legislation, with particular emphasis on penalties for
15violations that result in serious injury or death.
begin insertSection 1550 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
17amended to read:end insert
The department may deny an application for, or suspend
19or revoke, any license, or anybegin insert special permit, certificate of
20approval, orend insert administrator certificate, issued under this chapter
21upon any of the following grounds and in the manner provided in
22this chapter, or may deny a transfer of a license pursuant to
23paragraph (2) of subdivision (b) of Section 1524 for any of the
24following grounds:
25(a) Violationbegin delete by the licensee or holderend delete ofbegin delete a special permit ofend delete
26 this chapter or of the rules and regulations promulgated under this
27begin delete chapter.end deletebegin insert chapter by the licensee or holder of a special permit or
28certificate.end insert
29(b) Aiding, abetting, or permitting the violation of this chapter
30or of the rules and regulations promulgated under this chapter.
31(c) Conduct which is inimical to the health, morals, welfare, or
32safety of eitherbegin insert the people of this state orend insert an individual in, or
33receiving services from, the facility orbegin delete the people of the State of begin insert certified family home.end insert
34California.end delete
35(d) The conviction of a licensee,begin insert holder of a special permitend insert or
36begin insert certificate, orend insert other person mentioned in Section 1522, at any time
37before or during licensure, of a crime as defined in Section 1522.
38(e) The licensee of anybegin delete facilityend deletebegin insert facility, the holder of a special
39permitend insert orbegin insert certificate, orend insert the person providing direct care or
P67 1supervision knowingly allows any child to have illegal drugs or
2alcohol.
3(f) Engaging in acts of financial malfeasance concerning the
4operation of abegin delete facility,end deletebegin insert facility or certified family home,end insert including,
5but not limited to, improper use or embezzlement of client moneys
6and property or fraudulent appropriation for personal gain of
7facility moneys and property, or willful or negligent failure to
8provide services.
begin insertSection 1551 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
10amended to read:end insert
(a) Proceedings for the suspension, revocation, or denial
12of a license, registration, special permit,begin insert certificate of approval,end insert
13 or any administrator certificate under this chapter, or denial of
14transfer of a license pursuant to paragraph (2) of subdivision (c)
15of Section 1524, shall be conducted in accordance with Chapter 5
16(commencing with Section 11500) of Part 1 of Division 3 of Title
172 of the Government Code, and the department shall have all the
18powers granted by those provisions. In the event of conflict
19between this chapter and the Government Code, the Government
20Code shall prevail.
21(b) In all proceedings
conducted in accordance with this section,
22the standard of proof to be applied shall be by the preponderance
23of the evidence.
24(c) If thebegin delete licenseend deletebegin insert license, special permit, certificate of approval,
25or administrator certificateend insert is not temporarily suspended pursuant
26to Section 1550, the hearing shall be held within 90 calendar days
27after receipt of the notice of defense, unless a continuance of the
28hearing is granted by the department or the administrative law
29judge. When the matter has been set for hearing only the
30administrative law judge may grant a continuance of the hearing.
31The administrative law judge may, but need not, grant a
32continuance of the hearing only upon finding the existence of one
33or more of the following:
34(1) The death or incapacitating illness of a party, a representative
35or attorney of a party, a witness to an essential fact, or of the parent,
36child, or member of the household of such person, when it
is not
37feasible to substitute another representative, attorney, or witness
38because of the proximity of the hearing date.
39(2) Lack of notice of hearing as provided in Section 11509 of
40the Government Code.
P68 1(3) A material change in the status of the case where a change
2in the parties or pleadings requires postponement, or an executed
3settlement or stipulated findings of fact obviate the need for
4hearing. A partial amendment of the pleadings shall not be good
5cause for continuance to the extent that the unamended portion of
6the pleadings is ready to be heard.
7(4) A stipulation for continuance signed by all parties or their
8authorized representatives, including, but not limited to, a
9representative, which is communicated with the request for
10continuance to the administrative law judge no later than 25
11business days before
the hearing.
12(5) The substitution of the representative or attorney of a party
13upon showing that the substitution is required.
14(6) The unavailability of a party, representative, or attorney of
15a party, or witness to an essential fact due to a conflicting and
16required appearance in a judicial matter if when the hearing date
17was set, the person did not know and could neither anticipate nor
18at any time avoid the conflict, and the conflict with request for
19continuance is immediately communicated to the administrative
20law judge.
21(7) The unavailability of a party, a representative or attorney of
22a party, or a material witness due to an unavoidable emergency.
23(8) Failure by a party to comply with a timely discovery request
24if the continuance request is made by
the party who requested the
25discovery.
begin insertSection 1556 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
27amended to read:end insert
(a) If the director determines that it is necessary to
29temporarily suspend any license or special permit of a community
30care facility in order to protect the residents or clients of the facility
31from physical or mental abuse, abandonment, or any other
32substantial threat to health or safety, the department shall make
33every effort to minimize transfer trauma for the residents or clients.
34(b) The department shall contact any local agency that may have
35begin delete placementend deletebegin insert assessment, placement, protective,end insert or advocacy
36responsibility for the residents or clients of a facility after a
37decision is made to temporarily suspend the license or special
38permit of the facility and prior to its implementation. The
39department shall workbegin insert togetherend insert with these agenciesbegin insert and the
40licensee, if the director determines itend insert tobegin insert be appropriate, toend insert locate
P69 1alternative placementbegin delete sitesend deletebegin insert sites,end insert and to contact relativesbegin insert or other
2personsend insert responsible for the care of thesebegin delete clientsend deletebegin insert residentsend insert or
3begin delete residents.end deletebegin insert clients, provide onsite evaluation of the residents or
4clients, and assist in the transfer of the residents or clients.end insert
5(c) In any case where the department alleges that a client or
6resident has a health condition or health conditions which cannot
7be cared for within the limits of the license or special permit, or
8requires inpatient care in a health facility licensed pursuant to
9Chapter 2 (commencing with Section 1250), the department shall
10do all of the following:
11(1) Consult withbegin delete physicians and surgeonsend deletebegin insert appropriate medical
12personnelend insert about when the client or resident should be removed
13from the facility and how transfer trauma can be minimized.
14(2) If the department temporarily suspends the license or special
15permit of a facility, usebegin delete physicians and surgeons or otherend delete medical
16personnel deemed appropriate by the department to provide onsite
17evaluation of the clients or residents.
18(3) If the department does not suspend the license or special
19permit of a facility, order the licensee to remove only those clients
20or residents who have health conditions which cannot be cared for
21within the limits of the license or special permit or require inpatient
22care in a health facility licensed pursuant to Chapter 2
23(commencing with Section 1250), as determined by the department,
24if the department determines that other clients or residents are not
25in physical danger.
26(d) In any case where the department orders thebegin insert temporary
27suspension of a licensee or orders theend insert
licensee, or holder of a
28special permit, to remove a client or resident who has a health
29condition or health conditions which cannot be cared for within
30the limits of the license or special permit or requires inpatient care
31in a health facility licensed pursuant to Chapter 2 (commencing
32with Section 1250), thebegin insert department may require theend insert licensee or
33holder of a special permitbegin delete shallend deletebegin insert toend insert do all of the following:
34(1) Prepare and submit to the department a written plan forbegin insert the
35safe and orderlyend insert relocation of the client or resident, in a form
36acceptable to the department.
37(2) Comply with all terms and conditions of the approved
38relocation plan.
P70 1(3) Provide any other information as may be required by the
2department for the proper administration and enforcement of this
3section.
begin insertSection 1558 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
5amended to read:end insert
(a) The department may prohibit any person from being
7a member of the board of directors, an executive director, or an
8officer of a licensee, or a licensee from employing, or continuing
9the employment of, or allowing in a licensedbegin delete facility,end deletebegin insert facilityend insert or
10begin insert certified family home, orend insert allowing contact with clients of a licensed
11facilitybegin insert or certified family homeend insert by, any employee, prospective
12employee, or person who is not a client who has:
13(1) Violated, or aided or permitted the violation by any other
14person of, any provisions of this chapter or of any rules or
15regulations promulgated under this chapter.
16(2) Engaged in conduct that is inimical to the health, morals,
17welfare, or safety of eitherbegin insert
the people of this state orend insert an individual
18in or receiving services from thebegin delete facility,end deletebegin insert facilityend insert orbegin delete the people of begin insert certified family home.end insert
19the State of California.end delete
20(3) Been denied an exemption to work or to be present in a
21begin delete facility,end deletebegin insert facility or certified family home,end insert when that person has
22been convicted of a crime as defined in Section 1522.
23(4) Engaged in any other conduct that would constitute a basis
24for disciplining abegin delete licensee.end deletebegin insert licensee or certified family home.end insert
25(5) Engaged in acts of financial malfeasance concerning the
26operation of abegin delete facility,end deletebegin insert facility or certified family home,end insert including,
27but not limited to, improper use or embezzlement of client moneys
28and property or fraudulent appropriation for personal gain of
29facility moneys and property, or willful or negligent failure to
30provide services.
31(b) The excluded person, thebegin delete facility,end deletebegin insert facility or certified family
32home,end insert and the licensee shall be given written notice of the basis
33of the department’s action and of the excluded person’s right to
34an appeal. The notice shall be served either by personal service or
35by registered mail. Within 15 days after the department serves the
36notice, the excluded person may file with the department a written
37appeal of the exclusion order. If the excluded person fails to file
38a written appeal within the prescribed time, the department’s action
39shall be final.
P71 1(c) (1) The department may require the immediate removal of
2a member of the board of directors, an executive director, or an
3officer of a licensee or exclusion of an employee, prospective
4employee, or person who is not a client from a facilitybegin insert
or certified
5family homeend insert pending a final decision of the matter, when, in the
6opinion of the director, the action is necessary to protect residents
7or clients from physical or mental abuse, abandonment, or any
8other substantial threat to their health or safety.
9(2) If the department requires the immediate removal of a
10member of the board of directors, an executive director, or an
11officer of a licensee or exclusion of an employee, prospective
12employee, or person who is not a client from abegin delete facility,end deletebegin insert facility or
13certified family home,end insert the department shall serve an order of
14immediate exclusion upon the excluded person that shall notify
15the excluded person of the basis of the department’s action and of
16the excluded person’s right to a hearing.
17(3) Within 15 days after the department serves an order of
18immediate exclusion, the excluded person may file a written appeal
19of the exclusion with the department. The department’s action
20shall be final if the excluded person does not appeal the exclusion
21within the prescribed time. The department shall do the following
22upon receipt of a written appeal:
23(A) Within 30 days of receipt of the appeal, serve an accusation
24upon the excluded person.
25(B) Within 60 days of receipt of a notice of defense pursuant
26to Section 11506 of the Government Code by the excluded person
27to conduct a hearing on the accusation.
28(4) An order of immediate exclusion of the excluded person
29from the facilitybegin insert or certified family homeend insert shall remain in effect
30until the hearing is completed and the director has made a final
31determination on the merits. However, the order of immediate
32exclusion shall be deemed vacated if the director fails to make a
33final determination on the merits within 60 days after the original
34hearing has been completed.
35(d) An excluded person who files a written appeal with the
36department pursuant to this section shall, as part of the written
37request, provide his
or her current mailing address. The excluded
38person shall subsequently notify the department in writing of any
39change in mailing address, until the hearing process has been
40completed or terminated.
P72 1(e) Hearings held pursuant to this section shall be conducted in
2accordance with Chapter 5 (commencing with Section 11500) of
3Division 3 of Title 2 of the Government Code. The standard of
4proof shall be the preponderance of the evidence and the burden
5of proof shall be on the department.
6(f) The department may institute or continue a disciplinary
7proceeding against a member of the board of directors, an executive
8director, or an officer of a licensee or an employee, prospective
9employee, or person who is not a client upon any ground provided
10by this section. The department may enter an order prohibiting
11any person from being a member of the board of directors, an
12executive director, or
an officer of a licensee or prohibiting the
13excluded person’s employment or presence in thebegin delete facility,end deletebegin insert facilityend insert
14 orbegin insert certified family home, orend insert otherwise take disciplinary action
15against the excluded person, notwithstanding any resignation,
16withdrawal of employment application, or change of duties by the
17excluded person, or any discharge, failure to hire, or reassignment
18of the excluded person by the licensee or that the excluded person
19no longer has contact with clients at thebegin delete facility.end deletebegin insert facility or certified
20family home.end insert
21(g) A licensee’sbegin insert or certified family home’send insert failure to comply
22with the department’s exclusion order after being notified of the
23order shall be grounds for disciplining the licensee pursuant to
24Section 1550.
25(h) (1) (A) In cases where the excluded person appealed the
26exclusion order, the person shall be prohibited from working in
27any facility or being licensed to operate any facility licensed by
28the department or from being a certified foster parent for the
29remainder of the excluded person’s life, unless otherwise ordered
30by the
department.
31(B) The excluded individual may petition for reinstatement one
32year after the effective date of the decision and order of the
33department upholding the exclusion order pursuant to Section
3411522 of the Government Code. The department shall provide the
35excluded person with a copy of Section 11522 of the Government
36Code with the decision and order.
37(2) (A) In cases where the department informed the excluded
38person of his or her right to appeal the exclusion order and the
39excluded person did not appeal the exclusion order, the person
40shall be prohibited from working in any facility or being licensed
P73 1to operate any facility licensed by the department or a certified
2foster parent for the remainder of the excluded person’s life, unless
3otherwise ordered by the department.
4(B) The excluded
individual may petition for reinstatement after
5one year has elapsed from the date of the notification of the
6exclusion order pursuant to Section 11522 of the Government
7Code. The department shall provide the excluded person with a
8copy of Section 11522 of the Government Code with the exclusion
9order.
begin insertSection 1562 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
11amended to read:end insert
(a) The director shall ensure that operators and staffs of
13community care facilities have appropriate training to provide the
14care and services for which a license or certificate is issued. The
15section shall not apply to a facility licensed as an Adult Residential
16Facility for Persons with Special Health Care Needs pursuant to
17Article 9 (commencing with Section 1567.50).
18(b) It is the intent of the Legislature that children in foster care
19reside in the least restrictive, family-based settings that can meet
20their needs, and that group homes will be used only for short-term,
21specialized, and intensive treatment purposes that are consistent
22with a case plan that is determined by a child’s best interests.
23Accordingly, the Legislature encourages the department to adopt
24
policies, practices, and guidance that ensure that the education,
25qualification, and training requirements for child care staff in group
26homes are consistent with the intended role of group homes to
27provide short-term, specialized, and intensive treatment, with a
28particular focus on crisis intervention, behavioral stabilization,
29and other treatment-related goals, as well as the connections
30between those efforts and work toward permanency for children.
31(c) (1) On and after October 1, 2014, each person employed
32as a facility manager or staff member of a group home, as defined
33in paragraph (13) of subdivision (a) of Section 1502, who provides
34direct care and supervision to children and youth residing in the
35group home shall be at least 21 years of age.
36(2) Paragraph (1) shall not apply to a facility manager or staff
37member employed at the group home before October 1, 2014.
38(3) For purposes of this subdivision, “group home” does not
39include a runaway and homeless youth shelter.
begin insertSection 1568.05 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
2amended to read:end insert
(a) begin insert (1)end insertbegin insert end insert An application fee adjusted by facility and
4capacity, shall be charged by the department for a license to operate
5a residential care facility for persons with chronic life-threatening
6illness. After initial licensure, a fee shall be charged by the
7department annually, on each anniversary of the effective date of
8the license. The fees are for the purpose of financing the activities
9specified in this chapter. Fees shall be assessed asbegin delete follows:end deletebegin insert follows,
10subject to paragraph (2):end insert
|
Fee Schedule |
||
|---|---|---|
|
Capacity |
Initial |
Annual |
|
1-6 |
$605 end insert | begin insert
end insert
begin insert end insertbegin insert end insertbegin insert end insert |
|
7-15 |
$758 end insert | begin insert
end insert
begin insert end insertbegin insert end insertbegin insert end insert |
|
16-25 |
$908 end insert | begin insert
end insert
begin insert end insertbegin insert end insertbegin insert end insert |
|
26+ |
$1,060 end insert | begin insert
end insert
begin insert end insertbegin insert end insertbegin insert end insert |
28(2) (A) The Legislature finds that all revenues generated by
29fees for licenses computed under this section and used for the
30purposes for which they were imposed are not subject to Article
31XIII B of the California Constitution.
32(B) The department, at least every five years, shall analyze
33initial application fees and annual fees issued by it to ensure the
34appropriate fee amounts are charged. The department shall
35recommend to the Legislature that
fees established by the
36Legislature be adjusted as necessary to ensure that the amounts
37are appropriate.
38(b) (1) In addition to fees set forth in subdivision (a), the
39department shall charge the following fees:
P75 1(A) A fee that represents 50 percent of an established application
2fee when an existing licensee moves the facility to a new physical
3address.
4(B) A fee that represents 50 percent of the established
5application fee when a corporate licensee changes who has the
6authority to select a majority of the board of directors.
7(C) A fee of twenty-five dollars ($25) when an existing licensee
8seeks to either increase or decrease the licensed capacity of the
9facility.
10(D) An orientation fee of fifty dollars ($50) for attendance by
11any individual at a department-sponsored orientation session.
12(E) A probation monitoring fee equal to thebegin insert currentend insert annual fee,
13in addition to thebegin insert currentend insert annual fee for that category and capacity
14for each year a license has been placed on probation as a result of
15a stipulation or decision and order pursuant to the administrative
16adjudication procedures of the Administrative Procedure Act
17(Chapter 4.5 (commencing with Section 11400) and Chapter 5
18(commencing with Section 11500) of Part 1 of Division 3 of Title
192 of the Government Code).
20(F) A late
fee that represents an additional 50 percent of the
21begin insert currentend insert established annual fee when any licensee fails to pay the
22begin insert currentend insert annual licensing fee on or before the due date as indicated
23by postmark on the payment.
24(G) A fee to cover any costs incurred by the department for
25processing payments including, but not limited to, bounced check
26charges, charges for credit and debit transactions, and postage due
27charges.
28(H) A plan of correction fee of two hundred dollars ($200) when
29any licensee does not implement a plan of correction on or prior
30to the date specified in the plan.
31(2) No local governmental entity
shall impose any business
32license, fee, or tax for the privilege of operating a facility licensed
33under this chapter which serves six or fewer persons.
34(c) All fees collected pursuant to subdivisions (a) and (b) shall
35be deposited in the Technical Assistance Fund.
36(d) The revenues collected from licensing fees pursuant to this
37section shall be utilized by the department for the purpose of
38ensuring the health and safety of all individuals provided care and
39supervision by licensees and to support activities of the licensing
40program, including, but not limited to, monitoring facilities for
P76 1compliance with licensing laws and regulations pursuant to this
2chapter, and other administrative activities in support of the
3licensing program, when appropriated for these purposes. The
4revenues collected shall be used in addition to any other funds
5appropriated in the Budget Act in support of
the licensing program.
6begin insert The department shall adjust the fees collected pursuant to this
7section as necessary to ensure that they do not exceed the costs
8described in this subdivision.end insert
9(e) The department shall not utilize any portion of the revenues
10collected pursuant to this section sooner than 30 days after
11notification in writing of the purpose and use of this revenue, as
12approved by the Director of Finance, to the Chairperson of the
13Joint Legislative Budget Committee, and the chairpersons of the
14committee in each house that considers appropriations for each
15fiscal year. The department shall submit a budget change proposal
16to justify any positions or any other related support costs on an
17ongoing basis.
18(f) Fees established pursuant to this section shall not be effective
19
unless licensing fees are established for all adult residential
20facilities licensed by the department.
21(g) A residential care facility may use a bona fide business check
22to pay the license fee required under this section.
23(h) The failure of an applicant for licensure or a licensee to pay
24all applicable and accrued fees and civil penalties shall constitute
25grounds for denial or forfeiture of a license.
begin insertSection 1568.07 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
27amended to read:end insert
(a) (1) Within 90 days after a facility accepts its
29first resident for placement following its initial licensure, the
30department shallbegin delete inspectend deletebegin insert conduct an unannounced inspection ofend insert
31 the facility to evaluate compliance with rules and regulations and
32to assess the facility’s continuing ability to meet regulatory
33requirements. The licensee shall notify the department, within five
34business days after accepting its first resident for placement, that
35the facility has commenced operating.
36(2) The department may take appropriate remedial action as
37provided for in this chapter.
38(b) (1) Every licensed residential care facility shall be
39periodically inspected and evaluated for quality of care by a
40representative or representatives designated by the director.
P77 1begin delete Evaluationsend deletebegin insert Unannounced inspectionsend insert shall be conducted at least
2annually and as often as necessary to ensure the quality of care
3being provided.
4(2) During each licensing inspection the department shall
5determine if the facility meets regulatory standards, including, but
6not limited to, providing residents with the appropriate level of
7care based on the facility’s license, providing adequate staffing
8and services, updated resident records and assessments, and
9compliance with basic health and safety standards.
10(3) If the department determines that a resident requires a higher
11level of care than the facility is authorized to provide, the
12department may initiate a professional level of care assessment by
13an assessor
approved by the department. An assessment shall be
14conducted in consultation with the resident, the resident’s physician
15and surgeon, and the resident’s case manager, and shall reflect the
16desires of the resident, the resident’s physician and surgeon, and
17the resident’s case manager. The assessment also shall recognize
18that certain illnesses are episodic in nature and that the resident’s
19need for a higher level of care may be temporary.
20(4) The department shall notify the residential care facility in
21writing of all deficiencies in its compliance with this chapter and
22the rules and regulations adopted pursuant to this chapter, and shall
23set a reasonable length of time for compliance by the facility.
24(5) Reports on the results of eachbegin delete inspection, evaluation,end delete
25begin insert inspectionend insert or consultation shall be kept on file in the department,
26and all inspection reports, consultation reports, lists of deficiencies,
27and plans of correction shall be open to public inspection.
28(c) Any duly authorized officer, employee, or agent of the
29department may, upon presentation of proper identification, enter
30and inspect any place providing personal care, supervision, and
31services, at any time, with or without advance notice, to secure
32compliance with, or to prevent a violation of, this chapter.
33(d) No licensee, or officer or employee of the licensee, shall
34discriminate or retaliate in any manner, including, but not limited
35to, eviction or threat of eviction, against any person
receiving the
36services of the licensee’s facility, or against any employee of the
37licensee’s facility, on the basis, or for the reason, that the person
38or employee or any other person has initiated or participated in
39the filing of a complaint, grievance, or a request for inspection
40with the department pursuant to this chapter or has initiated or
P78 1participated in the filing of a complaint, grievance, or request for
2investigation with the appropriate local or state ombudsman.
3(e) Any person who, without lawful authorization from a duly
4authorized officer, employee, or agent of the department, informs
5an owner, operator, employee, agent, or resident of a residential
6care facility, of an impending or proposed inspectionbegin delete or evaluationend delete
7 of that facility by personnel of the department, is guilty of a
8misdemeanor and upon conviction thereof shall be punished by a
9fine not to exceed one thousand dollars ($1,000), by imprisonment
10in the county jail for a period not to exceed 180 days, or by both
11a fine and imprisonment.
begin insertSection 1569.185 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
13amended to read:end insert
(a) begin insert (1)end insertbegin insert end insert An application fee adjusted by facility and
15capacity shall be charged by the department for the issuance of a
16license to operate a residential care facility for the elderly. After
17initial licensure, a fee shall be charged by the department annually
18on each anniversary of the effective date of the license.
19The fees are for the purpose of financing activities specified in
20this chapter. Fees shall be assessed asbegin delete follows:end deletebegin insert follows, subject to
21paragraph (2):end insert
|
Fee Schedule |
||
|
Capacity |
Initial |
Annual |
|
1-3 |
$454 end insert |
$454 end insert |
|
4-6 |
$908 end insert |
$454 end insert |
|
7-15 |
$1,363 end insert |
$681 end insert |
|
16-30 |
$1,815 end insert |
$908 end insert |
|
31-49 |
$2,270 end insert |
$1,135 end insert |
|
50-74 |
$2,725 end insert |
$1,363 end insert |
|
75-100 |
$3,180 end insert |
$1,590 end insert |
|
101-150 |
$3,634 end insert |
$1,817 end insert |
|
151-200 |
$4,237 end insert |
$2,119 end insert |
|
201-250 |
$4,840 end insert |
$2,420 end insert |
|
251-300 |
$5,445 end insert |
$2,723 end insert |
| begin insert
301-350 end insert | begin insert
$5,500 end insert | begin insert
$2,750 end insert |
|
| begin insert
end insert
| begin insert
end insert
|
| begin insert
351-400 end insert | begin insert
$6,655 end insert | begin insert
$3,328 end insert |
|
401-500 |
$7,865 end insert |
$3,933 end insert |
|
501-600 |
$9,075 end insert |
$4,538 end insert |
|
601-700 |
$10,285 end insert |
$5,143 end insert |
|
701+ |
$12,100 end insert |
$6,050 end insert |
23(2) (A) The Legislature finds that all revenues generated by
24fees for licenses computed under this section and used for the
25purposes for which they were imposed are not subject to Article
26XIII B of the California Constitution.
27(B) The department, at least every five years, shall analyze
28initial application fees and annual fees issued by it to ensure the
29appropriate fee amounts are charged. The department shall
30recommend to the Legislature that fees established by the
31Legislature be adjusted as necessary to ensure that the amounts
32are appropriate.
33(b) (1) In addition to fees set forth in subdivision (a), the
34department shall charge the following fees:
35(A) A fee that represents 50 percent of an established application
36fee when an existing licensee moves the facility to a new physical
37address.
38(B) A fee that represents 50 percent of the established
39application fee when a corporate licensee changes who has the
40authority to select a
majority of the board of directors.
P80 1(C) A fee of twenty-five dollars ($25) when an existing licensee
2seeks to either increase or decrease the licensed capacity of the
3facility.
4(D) An orientation fee of fifty dollars ($50) for attendance by
5any individual at a department-sponsored orientation session.
6(E) A probation monitoring fee equal to thebegin insert currentend insert annual fee,
7in addition to thebegin insert currentend insert annual fee for that category and capacity
8for each year a license has been placed on probation as a result of
9a stipulation or decision and order pursuant to the administrative
10adjudication procedures of the
Administrative Procedure Act
11(Chapter 4.5 (commencing with Section 11400) and Chapter 5
12(commencing with Section 11500) of Part 1 of Division 3 of Title
132 of the Government Code).
14(F) A late fee that represents an additional 50 percent of the
15establishedbegin insert currentend insert annual fee when any licensee fails to pay the
16begin insert currentend insert annual licensing fee on or before the due date as indicated
17by postmark on the payment.
18(G) A fee to cover any costs incurred by the department for
19processing payments including, but not limited to, bounced check
20charges, charges for credit and debit transactions, and postage due
21charges.
22(H) A
plan of correction fee of two hundred dollars ($200) when
23any licensee does not implement a plan of correction on or prior
24to the date specified in the plan.
25(2) No local jurisdiction shall impose any business license, fee,
26or tax for the privilege of operating a facility licensed under this
27chapter which serves six or fewer persons.
28(c) (1) The revenues collected from licensing fees pursuant to
29this section shall be utilized by the department for the purpose of
30ensuring the health and safety of all individuals provided care or
31supervision by licensees and to support the activities of the
32licensing programs, including, but not limited to, monitoring
33facilities for compliance with licensing laws and regulations
34pursuant to this chapter, and other administrative activities in
35support of the licensing program, when appropriated for these
36purposes. The revenues
collected shall be used in addition to any
37other funds appropriated in the annual Budget Act in support of
38the licensing program.begin insert The department shall adjust the fees
39collected pursuant to this section to ensure that they do not exceed
40the costs described in this paragraph.end insert
P81 1(2) The department shall not utilize any portion of these revenues
2sooner than 30 days after notification in writing of the purpose
3and use, as approved by the Department of Finance, to the
4Chairperson of the Joint Legislative Budget Committee, and the
5chairpersons of the committee in each house that considers
6appropriations for each fiscal year. The department shall submit
7a budget change proposal to justify any positions or any other
8related support costs on an ongoing basis.
9(d) A residential care
facility for the elderly may use a bona
10fide business check to pay the license fee required under this
11section.
12(e) The failure of an applicant for licensure or a licensee to pay
13all applicable and accrued fees and civil penalties shall constitute
14grounds for denial or forfeiture of a license.
begin insertSection 1569.20 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
16amended to read:end insert
Upon the filing of the application for issuance of an
18initial license, the department shall, within five working days of
19the filing, make a determination regarding the completeness of the
20application. If the application is complete, the department shall
21immediately request a fire clearance and notify the applicant to
22arrange a time for the department to conduct a prelicensurebegin delete survey.end delete
23begin insert inspection.end insert If thebegin insert department determines that anend insert application isbegin insert for
24licensure of a currently licensed facility for which there is no
25material change to the management or operations of the facility,
26the prelicensure inspection is optional at the discretion of the
27department. If the application isend insert incomplete, the department shall
28notify the applicant and request the necessary information. Within
2960 days of making a determination that the file is complete, the
30department shall make a determination whether the application is
31in compliance with this chapter and the rules and regulations of
32the department and shall either immediately
issue the license or
33notify the applicant of the deficiencies. The notice shall specify
34whether the deficiencies constitute denial of the application or
35whether further corrections for compliance will likely result in
36approval of the application.
begin insertSection 1569.48 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
38amended to read:end insert
begin delete A fundend deletebegin insert An emergency resident contingency accountend insert
40 may be establishedbegin insert within the Technical Assistance Fund
P82 1established under Section 1523.2end insert to which not more than 50 percent
2of each penalty assessed pursuant to Section 1569.49 isbegin delete transmitted begin insert depositedend insert for use by the Community Care
3to the departmentend delete
4Licensing Division of thebegin delete department to establish an emergency begin insert department, at the discretion
5resident relocation fund to be utilizedend delete
6of the director,end insert for the relocation and care of residents when a
7facility’s license is revoked or temporarilybegin delete suspended, when begin insert suspended.end insert The money in the
8appropriated by the Legislature.end deletebegin delete fundend delete
9begin insert accountend insert shall cover costs, including, but not limited to,
10transportation expenses, expenses incurred in notifying family
11members, and any other costs directly associated with providing
12continuous carebegin insert and supervisionend insert to the residents. The department
13shall seek thebegin delete adviceend deletebegin insert inputend insert ofbegin delete providersend deletebegin insert stakeholders and local
14agenciesend insert in developingbegin delete a state planend deletebegin insert policiesend insert for emergency resident
15begin delete relocation.end deletebegin insert care and supervision.end insert
begin insertSection 1569.481 is added to the end insertbegin insertHealth and Safety
17Codeend insertbegin insert, to read:end insert
(a) (1) It is the intent of the Legislature in enacting
19this section to authorize the department to take quick, effective
20action to protect the health and safety of residents of residential
21care facilities for the elderly and to minimize the effects of transfer
22trauma that accompany the abrupt transfer of residents by
23appointing a temporary manager to assume the operation of a
24facility that is found to be in a condition in which continued
25operation by the licensee or his or her representative presents a
26substantial probability of imminent danger of serious physical
27harm or death to the residents.
28(2) A temporary manager appointed pursuant to this section
29shall assume the operation of the facility in order to bring it into
30
compliance with the law, facilitate a transfer of ownership to a
31new licensee, or ensure the orderly transfer of residents should
32the facility be required to close. Upon a final decision and order
33of revocation of the license, issuance of a temporary suspension,
34or a forfeiture by operation of law, the department shall
35immediately issue a provisional license to the appointed temporary
36manager. Notwithstanding the applicable sections of this code
37governing the revocation of a provisional license, the provisional
38license issued to a temporary manager shall automatically expire
39upon the termination of the temporary manager. The temporary
40manager shall possess the provisional license solely for purposes
P83 1of carrying out the responsibilities authorized by this section and
2the duties set forth in the written agreement between the department
3and the temporary manager. The temporary manager shall have
4no right to appeal the expiration of the provisional license.
5(b) For purposes of this section, “temporary manager” means
6the person, corporation, or other entity appointed temporarily by
7the department as a substitute facility licensee or administrator
8with authority to hire, terminate, reassign staff, obligate facility
9funds, alter facility procedures, and manage the facility to correct
10deficiencies identified in the facility’s operation. The temporary
11manager shall have the final authority to direct the care and
12supervision activities of any person associated with the facility,
13including superseding the authority of the licensee and the
14administrator.
15(c) The director, in order to protect the residents of the facility
16from physical or mental abuse, abandonment, or any other
17substantial threat to health or safety, may appoint a temporary
18manager when any of the following circumstances exist:
19(1) The director determines that it
is necessary to temporarily
20suspend the license of a residential care facility for the elderly
21pursuant to Section 1569.50 and the immediate relocation of the
22residents is not feasible based on transfer trauma, lack of available
23alternative placements, or other emergency considerations for the
24health and safety of the residents.
25(2) The licensee is unwilling or unable to comply with the
26requirements of Section 1569.525 or the requirements of Section
271569.682 regarding the safe and orderly relocation of residents
28when ordered to do so by the department or when otherwise
29required by law.
30(3) The licensee has opted to secure a temporary manager
31pursuant to Section 1569.525.
32(d) (1) Upon appointment, the temporary manager shall
33complete its application for a license to operate a residential care
34
facility for the elderly and take all necessary steps and make best
35efforts to eliminate any substantial threat to the health and safety
36to residents or complete the transfer of residents to alternative
37placements pursuant to Section 1569.525 or 1569.682. For
38purposes of a provisional license issued to a temporary manager,
39the licensee’s existing fire safety clearance shall serve as the fire
40safety clearance for the temporary manager’s provisional license.
P84 1(2) A person shall not impede the operation of a temporary
2manager. The temporary manager’s access to, or possession of,
3the property shall not be interfered with during the term of the
4temporary manager appointment. There shall be an automatic stay
5for a 60-day period subsequent to the appointment of a temporary
6manager of any action that would interfere with the functioning
7of the facility, including, but not limited to, termination of utility
8services, attachments, or setoffs of resident
trust funds, and
9repossession of equipment in the facility.
10(e) (1) The appointment of a temporary manager shall be
11immediately effective and shall continue for a period not to exceed
1260 days unless otherwise extended in accordance with paragraph
13(2) of subdivision (h) at the discretion of the department or as
14permitted by paragraph (2) of subdivision (d) of Section 1569.525,
15or unless otherwise terminated earlier by any of the following
16events:
17(A) The temporary manager notifies the department, and the
18department verifies, that the facility meets state and, if applicable,
19federal standards for operation, and will be able to continue to
20maintain compliance with those standards after the termination
21of the appointment of the temporary manager.
22(B) The department approves a new temporary manager.
23(C) A new operator is licensed.
24(D) The department closes the facility.
25(E) A hearing or court order ends the temporary manager
26appointment, including the appointment of a receiver under Section
271569.482.
28(F) The appointment is terminated by the department or the
29temporary manager.
30(2) The appointment of a temporary manager shall authorize
31the temporary manager to act pursuant to this section. The
32appointment shall be made pursuant to a written agreement
33between the temporary manager and the department that outlines
34the circumstances under which the temporary manager may expend
35funds. The department shall provide the licensee and administrator
36with a copy of the accusation to
appoint a temporary manager at
37the time of appointment. The accusation shall notify the licensee
38of the licensee’s right to petition the Office of Administrative
39Hearings for a hearing to contest the appointment of the temporary
40manager as described in subdivision (f) and shall provide the
P85 1licensee with a form and appropriate information for the licensee’s
2use in requesting a hearing.
3(3) The director may rescind the appointment of a temporary
4manager and appoint a new temporary manager at any time that
5the director determines the temporary manager is not adhering to
6the conditions of the appointment.
7(f) (1) The licensee of a residential care facility for the elderly
8may contest the appointment of the temporary manager by filing
9a petition for an order to terminate the appointment of the
10temporary manager with the Office of Administrative Hearings
11within 15
days from the date of mailing of the accusation to appoint
12a temporary manager under subdivision (e). On the same day as
13the petition is filed with the Office of Administrative Hearings, the
14licensee shall serve a copy of the petition to the office of the
15director.
16(2) Upon receipt of a petition under paragraph (1), the Office
17of Administrative Hearings shall set a hearing date and time within
1810 business days of the receipt of the petition. The office shall
19promptly notify the licensee and the department of the date, time,
20and place of the hearing. The office shall assign the case to an
21administrative law judge. At the hearing, relevant evidence may
22be presented pursuant to Section 11513 of the Government Code.
23The administrative law judge shall issue a written decision on the
24petition within 10 business days of the conclusion of the hearing.
25The 10-day time period for holding the hearing and for rendering
26a decision may be extended by the
written agreement of the parties.
27(3) The administrative law judge shall uphold the appointment
28of the temporary manager if the department proves, by a
29preponderance of the evidence, that the circumstances specified
30in subdivision (c) applied to the facility at the time of the
31appointment. The administrative law judge shall order the
32termination of the temporary manager if the burden of proof is
33not satisfied.
34(4) The decision of the administrative law judge is subject to
35judicial review as provided in Section 1094.5 of the Code of Civil
36Procedure by the superior court of the county where the facility
37is located. This review may be requested by the licensee of the
38facility or the department by filing a petition seeking relief from
39the order. The petition may also request the issuance of temporary
40injunctive relief pending the decision on the petition. The superior
P86 1court shall hold
a hearing within 10 business days of the filing of
2the petition and shall issue a decision on the petition within 10
3days of the hearing. The department may be represented by legal
4counsel within the department for purposes of court proceedings
5authorized under this section.
6(g) If the licensee does not protest the appointment or does not
7prevail at either the administrative hearing under paragraph (2)
8of subdivision (f) or the superior court hearing under paragraph
9(4) of subdivision (f), the temporary manager shall continue in
10accordance with subdivision (e).
11(h) (1) If the licensee petitions the Office of Administrative
12Hearings pursuant to subdivision (f), the appointment of the
13temporary manager by the director pursuant to this section shall
14continue until it is terminated by the administrative law judge or
15by the superior court, or it shall continue
until the conditions of
16subdivision (e) are satisfied, whichever is earlier.
17(2) At any time during the appointment of the temporary
18manager, the director may request an extension of the appointment
19by filing a petition for hearing with the Office of Administrative
20Hearings and serving a copy of the petition on the licensee. The
21office shall proceed as specified in paragraph (2) of subdivision
22(f). The administrative law judge may extend the appointment of
23the temporary manager an additional 60 days upon a showing by
24the department that the conditions specified in subdivision (c)
25continue to exist.
26(3) The licensee or the department may request review of the
27administrative law judge’s decision on the extension as provided
28in paragraph (4) of subdivision (f).
29(i) The temporary manager appointed pursuant to this
section
30shall meet the following qualifications:
31(1) Be qualified to oversee correction of deficiencies in a
32residential care facility for the elderly on the basis of experience
33and education.
34(2) Not be the subject of any pending actions by the department
35or any other state agency nor have ever been excluded from a
36department-licensed facility or had a license or certification
37suspended or revoked by an administrative action by the
38department or any other state agency.
P87 1(3) Have no financial ownership interest in the facility and have
2no member of his or her immediate family who has a financial
3ownership interest in the facility.
4(4) Not currently serve, or within the past two years have served,
5as a member of the staff of the facility.
6(j) Payment of the costs of the temporary manager shall comply
7with the following requirements:
8(1) Upon agreement with the licensee, the costs of the temporary
9manager and any other expenses in connection with the temporary
10management shall be paid directly by the facility while the
11temporary manager is assigned to that facility. Failure of the
12licensee to agree to the payment of those costs may result in the
13payment of the costs by the department and subsequent required
14reimbursement of the department by the licensee pursuant to this
15section.
16(2) Direct costs of the temporary manager shall be equivalent
17to the sum of the following:
18(A) The prevailing fee paid by licensees for positions of the
19same type in the facility’s geographic area.
20(B) Additional costs that reasonably would have been incurred
21by the licensee if the licensee and the temporary manager had
22been in an employment relationship.
23(C) Any other reasonable costs incurred by the temporary
24manager in furnishing services pursuant to this section.
25(3) Direct costs may exceed the amount specified in paragraph
26(2) if the department is otherwise unable to find a qualified
27temporary manager.
28(k) (1) The responsibilities of the temporary manager may
29include, but are not limited to, the following:
30(A) Paying wages to staff. The temporary manager shall have
31the full power to hire, direct, manage, and discharge employees
32of the facility, subject to any
contractual rights they may have. The
33temporary manager shall pay employees at the same rate of
34compensation, including benefits, that the employees would have
35received from the licensee or wages necessary to provide adequate
36staff for the protection of clients and compliance with the law.
37(B) Preserving resident funds. The temporary manager shall
38be entitled to, and shall take possession of, all property or assets
39of residents that are in the possession of the licensee or
40administrator of the facility. The temporary manager shall preserve
P88 1all property, assets, and records of residents of which the
2temporary manager takes possession.
3(C) Contracting for outside services as may be needed for the
4operation of the facility. Any contract for outside services in excess
5of five thousand dollars ($5,000) shall be approved by the director.
6(D) Paying commercial creditors of the facility to the extent
7required to operate the facility. The temporary manager shall
8honor all leases, mortgages, and secured transactions affecting
9the building in which the facility is located and all goods and
10fixtures in the building, but only to the extent of payments that, in
11the case of a rental agreement, are for the use of the property
12during the period of the temporary management, or that, in the
13case of a purchase agreement, come due during the period of the
14temporary management.
15(E) Performing all acts that are necessary and proper to
16maintain and operate the facility in accordance with sound fiscal
17policies. The temporary manager shall take action as is reasonably
18necessary to protect or conserve the assets or property of which
19the temporary manager takes possession and may use those assets
20or property only in the performance of the
powers and duties set
21forth in this section.
22(2) Expenditures by the temporary manager in excess of five
23thousand dollars ($5,000) shall be approved by the director. Total
24encumbrances and expenditures by the temporary manager for
25the duration of the temporary management shall not exceed the
26sum of forty-nine thousand nine hundred ninety-nine dollars
27($49,999) unless approved by the director in writing.
28(3) The temporary manager shall not make capital improvements
29to the facility in excess of five thousand dollars ($5,000) without
30the approval of the director.
31(l) (1) To the extent department funds are advanced for the
32costs of the temporary manager or for other expenses in connection
33with the temporary management, the department shall be
34reimbursed from the revenues accruing to the facility or
to the
35licensee or an entity related to the licensee. Any reimbursement
36received by the department shall be redeposited in the account
37from which the department funds were advanced. If the revenues
38are insufficient to reimburse the department, the unreimbursed
39amount shall constitute a lien upon the assets of the facility or the
40proceeds from the sale thereof. The lien against the personal assets
P89 1of the facility or an entity related to the licensee shall be filed with
2the Secretary of State on the forms required for a notice of
3judgment lien. A lien against the real property of the facility or an
4entity related to the licensee shall be recorded with the county
5recorder of the county where the facility of the licensee is located
6or where the real property of the entity related to the licensee is
7located. The lien shall not attach to the interests of a lessor, unless
8the lessor is operating the facility. The authority to place a lien
9against the personal and real property of the licensee for the
10reimbursement
of any state funds expended pursuant to this section
11shall be given judgment creditor priority.
12(2) For purposes of this section, “entity related to the licensee”
13means an entity, other than a natural person, of which the licensee
14is a subsidiary or an entity in which a person who was obligated
15to disclose information under Section 1569.15 possesses an interest
16that would also require disclosure pursuant to Section 1569.15.
17(m) Appointment of a temporary manager under this section
18does not relieve the licensee of any responsibility for the care and
19supervision of residents under this chapter. The licensee, even if
20the license is deemed surrendered or the facility abandoned, shall
21be required to reimburse the department for all costs associated
22with operation of the facility during the period the temporary
23manager is in place that are not accounted for by using facility
24revenues or
for the relocation of residents handled by the
25department if the licensee fails to comply with the relocation
26requirements of Section 1569.525 or 1569.682 when required by
27the department to do so. If the licensee fails to reimburse the
28department under this section, then the department, along with
29using its own remedies available under this chapter, may request
30that the Attorney General’s office, the city attorney’s office, or the
31local district attorney’s office seek any available criminal, civil,
32or administrative remedy, including, but not limited to, injunctive
33relief, restitution, and damages in the same manner as provided
34for in Chapter 5 (commencing with Section 17200) of Part 2 of
35Division 7 of the Business and Professions Code.
36(n) The department may use funds from the emergency resident
37contingency account pursuant to Section 1569.48 when needed to
38supplement the operation of the facility or the transfer of residents
39under the control
of the temporary manager appointed under this
40section if facility revenues are unavailable or exhausted when
P90 1needed. Pursuant to subdivision (l), the licensee shall be required
2to reimburse the department for any funds used from the emergency
3resident contingency account during the period of control of the
4temporary manager and any incurred costs of collection.
5(o) This section does not apply to a residential care facility for
6the elderly that serves six or fewer persons and is also the principal
7residence of the licensee.
8(p) Notwithstanding any other provision of law, the temporary
9manager shall be liable only for damages resulting from gross
10negligence in the operation of the facility or intentional tortious
11acts.
12(q) All governmental immunities otherwise applicable to the
13state shall also apply to the state in
the use of a temporary manager
14in the operation of a facility pursuant to this section.
15(r) A licensee shall not be liable for any occurrences during the
16temporary management under this section except to the extent that
17the occurrences are the result of the licensee’s conduct.
18(s) The department may adopt regulations for the administration
19of this section.
begin insertSection 1569.482 is added to the end insertbegin insertHealth and Safety
21Codeend insertbegin insert, to read:end insert
(a) It is the intent of the Legislature in enacting this
23section to authorize the department to take quick, effective action
24to protect the health and safety of residents of residential care
25facilities for the elderly and to minimize the effects of transfer
26trauma that accompany the abrupt transfer of residents through
27a system whereby the department may apply for a court order
28appointing a receiver to temporarily operate a residential care
29facility for the elderly. The receivership is not intended to punish
30a licensee or to replace attempts to secure cooperative action to
31protect the residents’ health and safety. The receivership is
32intended to protect the residents in the absence of other reasonably
33available alternatives. The receiver shall assume the operation of
34the facility in order to bring it into
compliance with law, facilitate
35a transfer of ownership to a new licensee, or ensure the orderly
36transfer of residents should the facility be required to close.
37(b) (1) Whenever circumstances exist indicating that continued
38management of a residential care facility by the current licensee
39would present a substantial probability or imminent danger of
40serious physical harm or death to the residents, or the facility is
P91 1closing or intends to terminate operation as a residential care
2facility for the elderly and adequate arrangements for relocation
3of residents have not been made at least 30 days prior to the
4closing or termination, the director may petition the superior court
5for the county in which the facility is located for an order
6appointing a receiver to temporarily operate the facility in
7accordance with this section.
8(2) The petition shall allege the
facts upon which the action is
9based and shall be supported by an affidavit of the director. A
10copy of the petition and affidavits, together with an order to appear
11and show cause why temporary authority to operate the residential
12care facility for the elderly should not be vested in a receiver
13pursuant to this section, shall be delivered to the licensee,
14administrator, or a responsible person at the facility to the
15attention of the licensee and administrator. The order shall specify
16a hearing date, which shall be not less than 10, nor more than 15,
17days following delivery of the petition and order upon the licensee,
18except that the court may shorten or lengthen the time upon a
19showing of just cause.
20(c) (1) If the director files a petition pursuant to subdivision
21(b) for appointment of a receiver to operate a residential care
22facility for the elderly, in accordance with Section 564 of the Code
23of Civil Procedure, the
director may also petition the court, in
24accordance with Section 527 of the Code of Civil Procedure, for
25an order appointing a temporary receiver. A temporary receiver
26appointed by the court pursuant to this subdivision shall serve
27until the court has made a final determination on the petition for
28appointment of a receiver filed pursuant to subdivision (b). A
29receiver appointed pursuant to this subdivision shall have the same
30powers and duties as a receiver would have if appointed pursuant
31to subdivision (b). Upon the director filing a petition for a receiver,
32the receiver shall complete its application for a provisional license
33to operate a residential care facility for the elderly. For purposes
34of a provisional license issued to a receiver, the licensee’s existing
35fire safety clearance shall serve as the fire safety clearance for
36the receiver’s provisional license.
37(2) At the time of the hearing, the department shall advise the
38licensee of
the name of the proposed receiver. The receiver shall
39be a certified residential care facility for the elderly administrator
40or other responsible person or entity, as determined by the court,
P92 1from a list of qualified receivers established by the department,
2and, if need be, with input from providers of residential care and
3consumer representatives. Persons appearing on the list shall have
4experience in the delivery of care services to clients of community
5care facilities, and, if feasible, shall have experience with the
6operation of a residential care facility for the elderly, shall not be
7the subject of any pending actions by the department or any other
8state agency, and shall not have ever been excluded from a
9department licensed facility nor have had a license or certification
10suspended or revoked by an administrative action by the
11department or any other state agency. The receivers shall have
12sufficient background and experience in management and finances
13to ensure compliance with orders issued by the
court. The owner,
14licensee, or administrator shall not be appointed as the receiver
15unless authorized by the court.
16(3) If at the conclusion of the hearing, which may include oral
17testimony and cross-examination at the option of any party, the
18court determines that adequate grounds exist for the appointment
19of a receiver and that there is no other reasonably available
20remedy to protect the residents, the court may issue an order
21appointing a receiver to temporarily operate the residential care
22facility for the elderly and enjoining the licensee from interfering
23with the receiver in the conduct of his or her duties. In these
24proceedings, the court shall make written findings of fact and
25conclusions of law and shall require an appropriate bond to be
26filed by the receiver and paid for by the licensee. The bond shall
27be in an amount necessary to protect the licensee in the event of
28any failure on the part of the receiver to act in a reasonable
29
manner. The bond requirement may be waived by the licensee.
30(4) The court may permit the licensee to participate in the
31continued operation of the facility during the pendency of any
32receivership ordered pursuant to this section and shall issue an
33order detailing the nature and scope of participation.
34(5) Failure of the licensee to appear at the hearing on the
35petition shall constitute an admission of all factual allegations
36contained in the petition for purposes of these proceedings only.
37(6) The licensee shall receive notice and a copy of the
38application each time the receiver applies to the court or the
39department for instructions regarding his or her duties under this
40section, when an accounting pursuant to subdivision (i) is
P93 1submitted, and when any other report otherwise required under
2this section is submitted.
The licensee shall have an opportunity
3to present objections or otherwise participate in those proceedings.
4(d) A person shall not impede the operation of a receivership
5created under this section. The receiver’s access to, or possession
6of, the property shall not be interfered with during the term of the
7receivership. There shall be an automatic stay for a 60-day period
8subsequent to the appointment of a receiver of any action that
9would interfere with the functioning of the facility, including, but
10not limited to, cancellation of insurance policies executed by the
11licensees, termination of utility services, attachments, or setoffs
12of resident trust funds and working capital accounts and
13repossession of equipment in the facility.
14(e) When a receiver is appointed, the licensee may, at the
15discretion of the court, be divested of possession and control of
16the facility in favor of
the receiver. If the court divests the licensee
17of possession and control of the facility in favor of the receiver,
18the department shall immediately issue a provisional license to
19the receiver. Notwithstanding the applicable sections of this code
20governing the revocation of a provisional license, the provisional
21license issued to a receiver shall automatically expire upon the
22termination of the receivership. The receiver shall possess the
23provisional license solely for purposes of carrying out the
24responsibilities authorized by this section and the duties ordered
25by the court. The receiver shall have no right to appeal the
26expiration of the provisional license.
27(f) A receiver appointed pursuant to this section:
28(1) May exercise those powers and shall perform those duties
29ordered by the court, in addition to other duties provided by statute.
30(2) Shall operate the facility in a manner that ensures the safety
31and adequate care for the residents.
32(3) Shall have the same rights to possession of the building in
33which the facility is located, and of all goods and fixtures in the
34building at the time the petition for receivership is filed, as the
35licensee and administrator would have had if the receiver had not
36been appointed.
37(4) May use the funds, building, fixtures, furnishings, and any
38accompanying consumable goods in the provision of care and
39services to residents and to any other persons receiving services
40from the facility at the time the petition for receivership was filed.
P94 1(5) Shall take title to all revenue coming to the facility in the
2name of the receiver who shall use it for the
following purposes
3in descending order of priority:
4(A) To pay wages to staff. The receiver shall have full power to
5hire, direct, manage, and discharge employees of the facility,
6subject to any contractual rights they may have. The receiver shall
7pay employees at the same rate of compensation, including benefits,
8that the employees would have received from the licensee or wages
9necessary to provide adequate staff for the protection of the clients
10and compliance with the law.
11(B) To preserve resident funds. The receiver shall be entitled
12to, and shall take, possession of all property or assets of residents
13that are in the possession of the licensee or operator of the facility.
14The receiver shall preserve all property, assets, and records of
15residents of which the receiver takes possession.
16(C) To contract for outside
services as may be needed for the
17operation of the residential care facility for the elderly. Any
18contract for outside services in excess of five thousand dollars
19($5,000) shall be approved by the court.
20(D) To pay commercial creditors of the facility to the extent
21required to operate the facility. Except as provided in subdivision
22(h), the receiver shall honor all leases, mortgages, and secured
23transactions affecting the building in which the facility is located
24and all goods and fixtures in the building of which the receiver
25has taken possession, but only to the extent of payments which, in
26the case of a rental agreement, are for the use of the property
27during the period of receivership, or which, in the case of a
28purchase agreement, come due during the period of receivership.
29(E) To receive a salary, as approved by the court.
30(F) To do all things necessary and proper to maintain and
31operate the facility in accordance with sound fiscal policies. The
32receiver shall take action as is reasonably necessary to protect or
33conserve the assets or property of which the receiver takes
34possession and may use those assets or property only in the
35performance of the powers and duties set out in this section and
36by order of the court.
37(G) To ask the court for direction in the treatment of debts
38incurred prior to the appointment, if the licensee’s debts appear
39extraordinary, of questionable validity, or unrelated to the normal
40and expected maintenance and operation of the facility, or if
P95 1payment of the debts will interfere with the purposes of
2receivership.
3(g) (1) A person who is served with notice of an order of the
4court appointing a receiver and of the receiver’s name and address
5
shall be liable to pay the receiver, rather than the licensee, for any
6goods or services provided by the residential care facility for the
7elderly after the date of the order. The receiver shall give a receipt
8for each payment and shall keep a copy of each receipt on file.
9The receiver shall deposit amounts received in a special account
10and shall use this account for all disbursements. Payment to the
11receiver pursuant to this subdivision shall discharge the obligation
12to the extent of the payment and shall not thereafter be the basis
13of a claim by the licensee or any other person. A resident shall not
14be evicted nor may any contract or rights be forfeited or impaired,
15nor may any forfeiture be effected or liability increased, by reason
16of an omission to pay the licensee, operator, or other person a
17sum paid to the receiver pursuant to this subdivision.
18(2) This section shall not be construed to suspend, during the
19temporary management by the
receiver, any obligation of the
20licensee for payment of local, state, or federal taxes. A licensee
21shall not be held liable for acts or omissions of the receiver during
22the term of the temporary management.
23(3) Upon petition of the receiver, the court may order immediate
24payment to the receiver for past services that have been rendered
25and billed, and the court may also order a sum not to exceed one
26month’s advance payment to the receiver of any sums that may
27become payable under the Medi-Cal program.
28(h) (1) A receiver shall not be required to honor a lease,
29mortgage, or secured transaction entered into by the licensee of
30the facility and another party if the court finds that the agreement
31between the parties was entered into for a collusive, fraudulent
32purpose or that the agreement is unrelated to the operation of the
33facility.
34(2) A lease, mortgage, or secured transaction or an agreement
35unrelated to the operation of the facility that the receiver is
36permitted to dishonor pursuant to this subdivision shall only be
37subject to nonpayment by the receiver for the duration of the
38receivership, and the dishonoring of the lease, mortgage, security
39interest, or other agreement, to this extent, by the receiver shall
40not relieve the owner or operator of the facility from any liability
P96 1for the full amount due under the lease, mortgage, security interest,
2or other agreement.
3(3) If the receiver is in possession of real estate or goods subject
4to a lease, mortgage, or security interest that the receiver is
5permitted to avoid pursuant to paragraph (1), and if the real estate
6or goods are necessary for the continued operation of the facility,
7the receiver may apply to the court to set a reasonable rent, price,
8or rate of
interest to be paid by the receiver during the duration
9of the receivership. The court shall hold a hearing on this
10application within 15 days. The receiver shall send notice of the
11application to any known owner of the property involved at least
1210 days prior to the hearing.
13(4) Payment by the receiver of the amount determined by the
14court to be reasonable is a defense to any action against the
15receiver for payment or possession of the goods or real estate,
16subject to the lease or mortgage, which is brought by any person
17who received the notice required by this subdivision. However,
18payment by the receiver of the amount determined by the court to
19be reasonable shall not relieve the owner or operator of the facility
20from any liability for the difference between the amount paid by
21the receiver and the amount due under the original lease,
22mortgage, or security interest.
23(i) A
monthly accounting shall be made by the receiver to the
24department of all moneys received and expended by the receiver
25on or before the 15th day of the following month or as ordered by
26the court, and the remainder of income over expenses for that
27month shall be returned to the licensee. A copy of the accounting
28shall be provided to the licensee. The licensee or owner of the
29residential care facility for the elderly may petition the court for
30a determination as to the reasonableness of any expenditure made
31pursuant to paragraph (5) of subdivision (f).
32(j) (1) The receiver shall be appointed for an initial period of
33not more than three months. The initial three-month period may
34be extended for additional periods not exceeding three months, as
35determined by the court pursuant to this section. At the end of one
36month, the receiver shall report to the court on its assessment of
37the probability that the residential care facility
for the elderly will
38meet state standards for operation by the end of the initial
39three-month period and will continue to maintain compliance with
40those standards after termination of the receiver’s management.
P97 1If it appears that the facility cannot be brought into compliance
2with state standards within the initial three-month period, the court
3shall take appropriate action as follows:
4(A) Extend the receiver’s management for an additional three
5months if there is a substantial likelihood that the facility will meet
6state standards within that period and will maintain compliance
7with the standards after termination of the receiver’s management.
8The receiver shall report to the court in writing upon the facility’s
9progress at the end of six weeks of any extension ordered pursuant
10to this paragraph.
11(B) Order the director to revoke or temporarily suspend, or
12both, the license
pursuant to Section 1569.50 and extend the
13receiver’s management for the period necessary to transfer clients
14in accordance with the transfer plan, but for not more than three
15months from the date of initial appointment of a receiver, or 14
16days, whichever is greater. An extension of an additional three
17months may be granted if deemed necessary by the court.
18(2) If it appears at the end of six weeks of an extension ordered
19pursuant to subparagraph (A) of paragraph (1) that the facility
20cannot be brought into compliance with state standards for
21operation or that it will not maintain compliance with those
22standards after the receiver’s management is terminated, the court
23shall take appropriate action as specified in subparagraph (B) of
24paragraph (1).
25(3) In evaluating the probability that a residential care facility
26for the elderly will maintain compliance with state standards of
27
operation after the termination of receiver management ordered
28by the court, the court shall consider at least the following factors:
29(A) The duration, frequency, and severity of past violations in
30the facility.
31(B) History of compliance in other care facilities operated by
32the proposed licensee.
33(C) Efforts by the licensee to prevent and correct past violations.
34(D) The financial ability of the licensee to operate in compliance
35with state standards.
36(E) The recommendations and reports of the receiver.
37(4) Management of a residential care facility for the elderly
38operated by a receiver pursuant to this section shall not be
returned
39to the licensee, to any person related to the licensee, or to any
40person who served as a member of the facility’s staff or who was
P98 1employed by the licensee prior to the appointment of the receiver
2unless both of the following conditions are met:
3(A) The department believes that it would be in the best interests
4of the residents of the facility, requests that the court return the
5operation of the facility to the former licensee, and provides clear
6and convincing evidence to the court that it is in the best interests
7of the facility’s residents to take that action.
8(B) The court finds that the licensee has fully cooperated with
9the department in the appointment and ongoing activities of a
10receiver appointed pursuant to this section, and, if applicable, any
11temporary manager appointed pursuant to Section 1569.481.
12(5) The owner of the facility may at any time sell, lease, or close
13the facility, subject to the following provisions:
14(A) If the owner closes the facility, or the sale or lease results
15in the closure of the facility, the court shall determine if a transfer
16plan is necessary. If the court so determines, the court shall adopt
17and implement a transfer plan consistent with the provisions of
18Section 1569.682.
19(B) If the licensee proposes to sell or lease the facility and the
20facility will continue to operate as a residential care facility for
21the elderly, the court and the department shall reevaluate any
22proposed transfer plan. If the court and the department determine
23that the sale or lease of the facility will result in compliance with
24licensing standards, the transfer plan and the receivership shall,
25subject to those conditions that the court may impose and enforce,
26be
terminated upon the effective date of the sale or lease.
27(k) (1) The salary of the receiver shall be set by the court
28commensurate with community care facility industry standards,
29giving due consideration to the difficulty of the duties undertaken,
30and shall be paid from the revenue coming to the facility. If the
31revenue is insufficient to pay the salary in addition to other
32expenses of operating the facility, the receiver’s salary shall be
33paid from the emergency resident contingency account as provided
34in Section 1569.48. State advances of funds in excess of five
35thousand dollars ($5,000) shall be approved by the director. Total
36advances for encumbrances and expenditures shall not exceed the
37sum of forty-nine thousand nine hundred ninety-nine dollars
38($49,999) unless approved by the director in writing.
39(2) To the extent state funds are advanced for the
salary of the
40receiver or for other expenses in connection with the receivership,
P99 1as limited by subdivision (g), the state shall be reimbursed from
2the revenues accruing to the facility or to the licensee or an entity
3related to the licensee. Any reimbursement received by the state
4shall be redeposited in the account from which the state funds were
5advanced. If the revenues are insufficient to reimburse the state,
6the unreimbursed amount shall constitute a lien upon the assets
7of the facility or the proceeds from the sale thereof. The lien against
8the personal assets of the facility or an entity related to the licensee
9shall be filed with the Secretary of State on the forms required for
10a notice of judgment lien. A lien against the real property of the
11facility or an entity related to the licensee shall be recorded with
12the county recorder of the county where the facility of the licensee
13is located or where the real property of the entity related to the
14licensee is located. The lien shall not attach to the
interests of a
15lessor, unless the lessor is operating the facility.
16(3) For purposes of this subdivision, “entity related to the
17licensee” means an entity, other than a natural person, of which
18the licensee is a subsidiary or an entity in which any person who
19was obligated to disclose information under Section 1569.15
20possesses an interest that would also require disclosure pursuant
21to Section 1569.15.
22(l) (1) This section does not impair the right of the owner of a
23residential care facility for the elderly to dispose of his or her
24property interests in the facility, but any facility operated by a
25receiver pursuant to this section shall remain subject to that
26administration until terminated by the court. The termination shall
27be promptly effectuated, provided that the interests of the residents
28have been safeguarded as determined by the court.
29(2) This section does not limit the power of the court to appoint
30a receiver under any other applicable provision of law or to order
31any other remedy available under law.
32(m) (1) Notwithstanding any other provision of law, the receiver
33shall be liable only for damages resulting from gross negligence
34in the operation of the facility or intentional tortious acts.
35(2) All governmental immunities otherwise applicable to the
36State of California shall also apply in the use of a receiver in the
37operation if a facility pursuant to this section.
38(3) The licensee shall not be liable for any occurrences during
39the receivership except to the extent that the occurrences are the
40result of the licensee’s conduct.
P100 1(n) The department may adopt regulations for the administration
2of this section. This section does not impair the authority of the
3department to temporarily suspend licenses under Section 1569.50
4or to reach a voluntary agreement with the licensee for alternate
5management of a community care facility including the use of a
6temporary manager under Section 1569.481. This section does
7not authorize the department to interfere in a labor dispute.
8(o) This section does not apply to a residential care facility for
9the elderly that serves six or fewer persons and is also the principal
10residence of the licensee.
11(p) This section does not apply to a licensee that has obtained
12a certificate of authority to offer continuing care contracts, as
13defined in paragraph (8) of subdivision (c) of Section 1771.
begin insertSection 1569.525 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
15amended to read:end insert
(a) If the director determines that it is necessary to
17temporarily suspend or to revoke any license of a residential care
18facility for the elderly in order to protect the residents or clients
19of the facility from physical or mental abuse, abandonment, or any
20other substantial threat to health or safety pursuant to Section
211569.50, the department shall make every effort to minimize
22trauma for the residents.
23(b) (1) (A) After a decision is made to temporarily suspend or,
24upon an order, to revoke the license of a residential care facility
25for the elderly which is likely to result in closure of the facility,
26the department shall contact both
of the following:
27(i) The Office of the State Long-Term Care Ombudsman.
end insertbegin insert
28(ii) Any local agency that may have placement or advocacy
29responsibility for the residents of a residential care facility for the
30elderly.
31(b)
end delete
32begin insert(B)end insert The department shallbegin delete contact any local agency that may begin insert work with these agencies, and the licensee if the
33have placement or advocacy responsibility for the residents of a
34residential care facility for the elderly after a decision is made to
35temporarily suspend or to revoke the license of the facility and
36prior to its implementation. The department shall work with these
37agencies toend delete
38director determines it to be appropriate, toend insert locate alternative
39placement sites and to contact relativesbegin insert or other personsend insert
P101 1 responsible for the care of thesebegin insert residents, and to assist in the
2transfer ofend insert residents.
3(c)
end delete
4begin insert(2)end insert The department shall usebegin delete physicians and surgeons and other begin insert appropriately skilled professionalsend insert deemed
5medical personnelend delete
6appropriate by the department to provide onsite evaluation of the
7residents and assist in any transfers.
8(d)
end delete
9begin insert(3)end insert The departmentbegin delete mayend deletebegin insert shallend insert require the licensee to prepare
10and submit to the licensing agency a written plan for relocation
11and compliance with the terms and conditions of the approved
12plans, and to provide other information as necessary for the
13enforcement of this section.
14(c) Upon receipt of an order to temporarily suspend or revoke
15a license, the licensee shall be prohibited from accepting new
16residents or entering into admission agreements for new residents.
17(d) Upon an order to temporarily suspend a license, the
18following shall apply:
19(1) The licensee shall immediately provide written notice of the
20temporary suspension to the resident and initiate contact with the
21resident’s responsible person, if applicable.
22(2) The department may secure, or permit the licensee to secure,
23the services of a temporary manager who is not an immediate
24family member of the licensee or an entity that is not owned by the
25licensee to manage the day-to-day operations of the facility. The
26temporary manager shall be appointed and assume operation of
27the facility in accordance with Section 1569.481.
28(e) Upon an order to revoke abegin delete license, except an order to revoke license following the temporary suspension of a license pursuant
29aend delete
30to Sectionbegin delete 1569.50,end deletebegin insert 1569.50 that led toend insert thebegin insert transfer of all residents,
31theend insert following shall apply:
32(1) The licensee shall provide a 60-day written notice of license
33revocation that may lead to closure to the resident and the resident’s
34responsible person within 24 hours of receipt of the department’s
35order of revocation.
36(2) The department shall permit the licensee to secure the
37services of abegin delete personend deletebegin insert temporary managerend insert who is not an immediate
38family member of the licensee or an entity that is not owned by
39the licensee to manage the day-to-day operations of the residential
P102 1care facility for the elderly for a period of at least 60 days, provided
2that all of the following conditions are met:
3(A) A proposal is submitted to the department within 72 hours
4of the licensee’s receipt of the department’s order of revocation
5that includes both of the following:
6(i) A completed “Application for a Community Care Facility
7or Residential Care Facility for the Elderly License” form (LIC
8200), or similar form as determined by the department, signed and
9dated by both the licensee and the person or entity described in
10paragraph
(2).
11(ii) A copy of the executed agreement between the licensee and
12the person or entity described in paragraph (2) that delineates the
13roles and responsibilities of each party and specifies that the person
14or entity described in paragraph (2) shall have the full authority
15necessary to operate the facility, in compliance with all applicable
16laws and regulations, and without interference from the licensee.
17(B) The person or entity described in paragraph (2) shall be
18currently licensed and in substantial compliance to operate a
19residential care facility for the elderly that is of comparable size
20or greater and has comparable programming to the facility. For
21purposes of this subparagraph, the following definitions apply:
22(i) “Comparable programming” includes, but is not limited to,
23dementia care, hospice care, and care
for residents with exempted
24prohibited health care conditions.
25(ii) “Comparable size” means a facility capacity of 1 to 15
26residents, 16 to 49 residents, or 50 or more residents.
27(C) The person or entity described in paragraph (2) shall not be
28subject to the application fee specified in Section 1569.185.
29(D) If the department denies a proposal to secure the services
30of a person or entity pursuant to paragraph (2), this denial shall
31not be deemed a denial of a license application subject to the right
32to a hearing under Section 1569.22 and other procedural rights
33under Section 1569.51.
34(3)
end delete
35begin insert(f)end insert begin delete (A)end deletebegin insert(1)end insert Notwithstanding Section 1569.651 or any other
36begin delete provision ofend delete law, for paid preadmissionbegin delete fees in excess of five begin insert fees,end insert a resident who transfers from the
37hundred dollars ($500),end delete
38facilitybegin delete duringend deletebegin insert due toend insert thebegin delete 60-day period described in paragraph (1)end delete
39begin insert notice of temporary suspension or revocationend insert ofbegin delete subdivision (e)end deletebegin insert a
P103 1license pursuant to this sectionend insert is entitled to a refund in accordance
2with all of the following:
3(i)
end delete
4begin insert(A)end insert A 100-percent refund if preadmission fees were paid within
5six months ofbegin delete theend deletebegin insert eitherend insert notice of closure required bybegin delete paragraph begin insert this section.end insert
6(1).end delete
7(ii)
end delete
8begin insert(B)end insert A 75-percent refund if preadmission fees were paid more
9than six months, but not more than 12 months, beforebegin delete theend deletebegin insert eitherend insert
10 noticebegin delete of closureend delete required bybegin delete paragraph (1).end deletebegin insert this section.end insert
11(iii)
end delete
12begin insert(C)end insert A 50-percent refund if preadmission fees were paid more
13than 12 months, but not more than 18 months, beforebegin delete theend deletebegin insert eitherend insert
14 noticebegin delete of closureend delete required bybegin delete paragraph (1).end deletebegin insert this section.end insert
15(iv)
end delete
16begin insert(D)end insert A 25-percent refund if preadmission fees were paid more
17than 18 months, but not more than 25 months, beforebegin delete theend deletebegin insert eitherend insert
18 noticebegin delete of closureend delete required bybegin delete paragraph (1).end deletebegin insert this section.end insert
19(B)
end delete
20begin insert(2)end insert No preadmission fee refund is required if preadmission fees
21were paid 25 months or more beforebegin delete theend deletebegin insert eitherend insert noticebegin delete of closureend delete
22 required bybegin delete paragraph (1).end deletebegin insert this section.end insert
23(C)
end delete
24begin insert(3)end insert The preadmission fee refund required by this paragraph shall
25be paid within 15 days of issuingbegin delete theend deletebegin insert eitherend insert noticebegin delete of closureend delete
26 required bybegin delete paragraph (1).end deletebegin insert this section.end insert In lieu of the refund, the
27resident may request that the licensee provide a credit toward the
28resident’s monthly fee obligation in an amount equal to the
29preadmission fee refund due.
30(4) If a resident transfers from the facilitybegin delete duringend deletebegin insert due toend insert the
31begin delete 60-day period described in paragraph (1)end deletebegin insert revocationend insert ofbegin delete subdivision begin insert a license,end insert and the resident gives notice at least five days before
32(e),end delete
33leaving the facility,begin insert or ifend insert thebegin insert transfer is due to a temporary
34suspension of the license order, theend insert licensee shall refund to the
35resident or his or her legal representative a proportional per diem
36amount of any prepaid monthly fees at the time the resident leaves
37the facility and the unit is vacated. Otherwise the licensee shall
38pay the refund within seven days from the date that the resident
39leaves the facility and the unit is vacated.
40(5)
end delete
P104 1begin insert(g)end insert Withinbegin delete 10 daysend deletebegin insert 24 hoursend insert afterbegin delete all residentsend deletebegin insert each residenceend insert
2 whobegin delete areend deletebegin insert isend insert transferring pursuant to these provisions have left the
3facility, the licensee that had his or her licensebegin insert temporarily
4suspended orend insert revoked shall, based on information provided by the
5resident or the resident’sbegin delete legal representative,end deletebegin insert responsible person,end insert
6 submit a final list of names and new locations of all residents to
7the department and the local ombudsman program.
8(h) If at any point during or following a temporary suspension
9or revocation order of a license the director determines that there
10is a risk to the residents of a facility from physical or mental abuse,
11abandonment, or any other substantial threat to health or safety,
12the department shall take any necessary action to minimize trauma
13for the residents, including, but not limited to, all of the following:
14(1) Contact any local agency that may have placement or
15advocacy responsibility for the residents and work with those
16agencies to locate alternative placement sites.
17(2) Contact the residents’ relatives, legal representatives,
18authorized agents in a health care directive, or responsible parties.
19(3) Assist in the transfer of residents, and, if necessary, arrange
20or coordinate transportation.
21(4) Provide onsite evaluation of the residents and
use any
22medical personnel deemed appropriate by the department to
23provide onsite evaluation of the residents and assist in any
24transfers.
25(5) Arrange for or coordinate care and supervision.
end insertbegin insert26(6) Arrange for the distribution of medications.
end insertbegin insert27(7) Arrange for the preparation and service of meals and snacks.
end insertbegin insert
28(8) Arrange for the
preparation of the residents’ records and
29medications for transfer of each resident.
30(9) Assist in any way necessary to facilitate a safe transfer of
31all residents.
32(10) Check on the status of each transferred resident within 24
33hours of transfer.
34(i) The participation of the department and local agencies in
35the relocation of residents from a residential care facility for the
36elderly shall not relieve the licensee of any responsibility under
37this section. A licensee that fails to comply with the
requirements
38of this section shall be required to reimburse the department and
39local agencies for the cost of providing those services. If the
40licensee fails to provide the services required in this section, the
P105 1department shall request that the Attorney General’s office, the
2city attorney’s office, or the local district attorney’s office seek
3injunctive relief and damages.
4(j) Notwithstanding Section 1569.49, a licensee who fails to
5comply with the requirements of this section shall be liable for
6civil penalties in the amount of five hundred dollars ($500) per
7violation per day for each day that the licensee is in violation of
8this section, until the violation has been corrected. The civil
9penalties shall be issued immediately following the written notice
10of violation.
11(f)
end delete
12begin insert(k)end insert begin delete Nothing in thisend deletebegin insert Thisend insert section shallbegin insert notend insert preclude the
13department from amending the effective date in the order of
14begin insert suspension orend insert revocationbegin insert of a licenseend insert and closing thebegin delete facility prior begin insert facility,end insert or from pursuing any other available remedies if
15to the end of the 60-day notice period provided for in subdivision
16(e),end delete
17necessary to protect the health and safety of the residents in care.
begin insertSection 1569.682 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
19amended to read:end insert
(a) A licensee of a licensed residential care facility
21 for the elderly shall, prior to transferring a resident of the facility
22to another facility or to an independent living arrangement as a
23result of the forfeiture of a license, as described in subdivision (a),
24(b), or (f) of Section 1569.19, or a change of use of the facility
25pursuant to the department’s regulations, take all reasonable steps
26to transfer affected residents safely and to minimize possible
27transfer trauma, and shall, at a minimum, do all of the following:
28(1) Prepare, for each resident, a relocation evaluation of the
29needs of that resident, which shall include both of the following:
30(A) Recommendations on the type of facility that
would meet
31the needs of the resident based on the current service plan.
32(B) A list of facilities, within a 60-mile radius of the resident’s
33current facility, that meet the resident’s present needs.
34(2) Provide each resident or the resident’s responsible person
35with a written notice no later than 60 days before the intended
36eviction. The notice shall include all of the following:
37(A) The reason for the eviction, with specific facts to permit a
38determination of the date, place, witnesses, and circumstances
39concerning the reasons.
40(B) A copy of the resident’s current service plan.
P106 1(C) The relocation evaluation.
2(D) A list of referral agencies.
3(E) The right of the resident or resident’s legal representative
4to contact the department to investigate the reasons given for the
5eviction pursuant to Section 1569.35.
6(F) The contact information for the local long-term care
7ombudsman, including address and telephone number.
8(3) Discuss the relocation evaluation with the resident and his
9or her legal representative within 30 days of issuing the notice of
10eviction.
11(4) Submit a written report of any eviction to the licensing
12agency within five days.
13(5) Upon issuing the written notice of eviction, a licensee shall
14not accept new residents or enter into new admission agreements.
15(6) (A) For paid preadmission fees in excess of five hundred
16dollars ($500), the resident is entitled to a refund in accordance
17with all of the following:
18(i) A 100-percent refund if preadmission fees were paid within
19six months of notice of eviction.
20(ii) A 75-percent refund if preadmission fees were paid more
21thanbegin delete 6end deletebegin insert sixend insert months but not more than 12 months before notice of
22eviction.
23(iii) A 50-percent refund if preadmission fees were paid more
24than 12 months but not more than 18 months before notice of
25eviction.
26(iv) A 25-percent refund if preadmission fees were paid more
27than 18 months but less than 25 months before notice of eviction.
28(B) No preadmission refund is required if preadmission fees
29were paid 25 months or more before the notice of eviction.
30(C) The preadmission refund required by this paragraph shall
31be paid within 15 days of issuing the eviction notice. In lieu of the
32refund, the resident
may request that the licensee provide a credit
33toward the resident’s monthly fee obligation in an amount equal
34to the preadmission fee refund due.
35(7) If the resident gives notice five days before leaving the
36facility, the licensee shall refund to the resident or his or her legal
37representative a proportional per diem amount of any prepaid
38monthly fees at the time the resident leaves the facility and the
39unit is vacated. Otherwise the licensee shall pay the refund within
P107 1seven days from the date that the resident leaves the facility and
2the unit is vacated.
3(8) Within 10 days of all residents having left the facility, the
4licensee, based on information provided by the resident or
5resident’s legal representative, shall submit a final list of names
6and new locations of all residents to the department and the local
7ombudsman program.
8(b) If seven or more residents of a residential care facility for
9the elderly will be transferred as a result of the forfeiture of a
10license or change in the use of the facility pursuant to subdivision
11(a), the licensee shall submit a proposed closure plan to the
12department for approval. The department shall approve or
13disapprove the closure plan, and monitor its implementation, in
14accordance with the following requirements:
15(1) Upon submission of the closure plan, the licensee shall be
16prohibited from accepting new residents and entering into new
17admission agreements for new residents.
18(2) The closure plan shall meet the requirements described in
19subdivision (a), and describe the staff available to assist in the
20transfers. The department’s review shall include a determination
21as to whether the licensee’s closure plan
contains a relocation
22evaluation for each resident.
23(3) Within 15 working days of receipt, the department shall
24approve or disapprove the closure plan prepared pursuant to this
25subdivision, and, if the department approves the plan, it shall
26become effective upon the date the department grants its written
27approval of the plan.
28(4) If the department disapproves a closure plan, the licensee
29may resubmit an amended plan, which the department shall
30promptly either approve or disapprove, within 10 working days
31of receipt by the department of the amended plan. If the department
32fails to approve a closure plan, it shall inform the licensee, in
33writing, of the reasons for the disapproval of the plan.
34(5) If the department fails to take action within 20 working days
35of receipt of either the original or the amended closure
plan, the
36plan, or amended plan, as the case may be, shall be deemed
37approved.
38(6) Until such time that the department has approved a licensee’s
39closure plan, the facility shall not issue a notice of transfer or
40require any resident to transfer.
P108 1(7) Upon approval by the department, the licensee shall send a
2copy of the closure plan to the local ombudsman program.
3(c) (1) If a licensee fails to comply with the requirements of
4begin delete subdivision (a),end deletebegin insert this section,end insert and if the director determines that it
5is necessary to protect the residents of a facility from physical or
6mental abuse, abandonment, or any other substantial threat to
7health or safety, the department shall take any necessary action to
8minimize trauma for thebegin delete residents.end deletebegin insert residents, including caring for
9the residents through the use of a temporary manager as provided
10for in Section 1569.481 when the director determines the immediate
11relocation of the residents is not feasible based on transfer trauma
12or other considerations such as the unavailability of alternative
13placements.end insert The department shall contact any local agency that
14may havebegin delete placementend deletebegin insert assessment placement, protective,end insert or advocacy
15responsibility for the residents, and shall workbegin insert togetherend insert with those
16agencies to locate alternative placement sites, contact relatives or
17other persons responsible for the care of these residents, provide
18onsite evaluation of the residents, and assist in the transfer of
19residents.
20(2) The participation of the department and local agencies in
21the relocation of residents from a residential care facility for the
22elderly shall not relieve the licensee of any responsibility under
23this section. A licensee that fails to comply with the requirements
24of this section shall be required to reimburse the department and
25local agencies
for the cost of providing the relocationbegin delete services.end delete
26begin insert services or the costs incurred in caring for the residents through
27the use of a temporary manager as provided for in Section
281569.481.end insert If the licensee fails to provide the relocation services
29required inbegin delete subdivisions (a) and (b),end deletebegin insert this section,end insert then the
30department may request that the Attorney General’s office, the
31city attorney’s office, or the local district attorney’s office seek
32injunctive relief and damages in the same manner as provided for
33in Chapter 5 (commencing with Section 17200) of Part 2 of
34Division 7 of the Business and Professionsbegin delete Code.end deletebegin insert Code, including
35restitution to the department of any costs incurred in caring for
36the residents through the use of a temporary manager as provided
37for in Section 1569.481.end insert
38(d) A licensee who fails to comply with requirements of this
39section shall be liable for the imposition of civil penalties in the
40amount of one hundred dollars ($100) per violation per day for
P109 1each day that the licensee is in violation of this section, until such
2time that the violation has been corrected. The civil penalties shall
3be issued immediately following the written notice of violation.
4However, if the violation does not present an immediate or
5substantial threat to the health or safety of residents and the licensee
6corrects the violation within three days after receiving the notice
7of violation, the
licensee shall not be liable for payment of any
8civil penalties pursuant to this subdivision related to the corrected
9violation.
10(e) A resident of a residential care facility for the elderly covered
11under this section, may bring a civil action against any person,
12firm, partnership, or corporation who owns, operates, establishes,
13manages, conducts, or maintains a residential care facility for the
14elderly who violates the rights of a resident, as set forth in this
15section. Any person, firm, partnership, or corporation who owns,
16operates, establishes, manages, conducts, or maintains a residential
17care facility for the elderly who violates this section shall be
18responsible for the acts of the facility’s employees and shall be
19liable for costs and attorney’s fees. Any such residential care
20facility for the elderly may also be enjoined from permitting the
21violation to continue. The remedies specified in this section shall
22be in addition to any other
remedy provided by law.
23(f) This section shall not apply to a licensee that has obtained
24a certificate of authority to offer continuing care contracts, as
25defined in paragraph (8) of subdivision (c) of Section 1771.
begin insertSection 1596.803 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
27amended to read:end insert
(a) begin insert (1)end insertbegin insert end insert An application fee adjusted by facility and
29capacity shall be charged by the department for the issuance of a
30license to operate a child day care facility. After initial licensure,
31a fee shall be charged by the department annually, on each
32anniversary of the effective date of the license. The fees are for
33the purpose of financing activities specified in this chapter. Fees
34shall be assessed asbegin delete follows:end deletebegin insert follows, subject to paragraph (2):end insert
|
Fee Schedule |
|||
|
Facility Type |
Capacity |
Original |
Annual |
|
Family Day Care |
1-8 |
$73 end insert |
$73 end insert |
|
|
9-14 |
$140 end insert |
$140 end insert |
|
Day Care Centers |
1-30 |
$484 end insert |
$242 end insert |
|
|
31-60 |
$968 end insert |
$484 end insert |
|
|
61-75 |
$1,210 end insert |
$605 end insert |
|
|
76-90 |
$1,452 end insert |
$726 end insert |
|
|
91-120 |
$1,936 end insert |
$968 end insert |
|
|
121+ |
$2,420 end insert |
$1,210 end insert |
16(2) (A) The Legislature finds that all revenues generated by
17fees for licenses computed under this section and used for the
18purposes for which they were imposed are not subject to Article
19XIII B of the California Constitution.
20(B) The department, at least every five years, shall analyze
21
initial application fees and annual fees issued by it to ensure the
22appropriate fee amounts are charged. The department shall
23recommend to the Legislature that fees established by the
24Legislature be adjusted as necessary to ensure that the amounts
25are appropriate.
26(b) (1) In addition to fees set forth in subdivision (a), the
27department shall charge the following fees:
28(A) A fee that represents 50 percent of an established application
29fee when an existing licensee moves the facility to a new physical
30address.
31(B) A fee that represents 50 percent of the established
32application fee when a corporate licensee changes who has the
33authority to select a majority of the board of directors.
34(C) A fee of twenty-five
dollars ($25) when an existing licensee
35seeks to either increase or decrease the licensed capacity of the
36facility.
37(D) An orientation fee of twenty-five dollars ($25) for
38attendance by any individual at a department-sponsored family
39child day care home orientation session, and a fifty dollar ($50)
P111 1orientation fee for attendance by any individual at a
2department-sponsored child day care center orientation session.
3(E) A probation monitoring fee equal to thebegin insert currentend insert annual fee,
4in addition to thebegin insert currentend insert annual fee for that category and capacity
5for each year a license has been placed on probation as a result of
6a stipulation or decision and order pursuant to the
administrative
7adjudication procedures of the Administrative Procedure Act
8(Chapter 4.5 (commencing with Section 11400) and Chapter 5
9(commencing with Section 11500) of Part 1 of Division 3 of Title
102 of the Government Code).
11(F) A late fee that represents an additional 50 percent of the
12establishedbegin insert currentend insert annual fee when any licensee fails to pay the
13begin insert currentend insert annual licensing fee on or before the due date as indicated
14by postmark on the payment.
15(G) A fee to cover any costs incurred by the department for
16processing payments including, but not limited to, bounced check
17charges, charges for credit and debit transactions, and postage due
18charges.
19(H) A plan of correction fee of two hundred dollars ($200) when
20any licensee does not implement a plan of correction on or prior
21to the date specified in the plan.
22(2) No local jurisdiction shall impose any business license, fee,
23or tax for the privilege of operating a small family day care home
24licensed under this act.
25(c) (1) The revenues collected from licensing fees pursuant to
26this section shall be utilized by the department for the purpose of
27ensuring the health and safety of all individuals provided care and
28supervision by licensees, and to support the activities of the
29licensing program, including, but not limited to, monitoring
30facilities for compliance with licensing laws and regulations
31pursuant to this act, and other administrative activities in support
32of the licensing program, when
appropriated for these purposes.
33The revenues collected shall be used in addition to any other funds
34appropriated in the annual Budget Act in support of the licensing
35program.begin insert The department shall adjust the fees collected pursuant
36to this section as necessary to ensure they do not exceed the costs
37described in this paragraph.end insert
38(2) The department shall not utilize any portion of these revenues
39sooner than 30 days after notification in writing of the purpose
40and use, as approved by the Department of Finance, to the
P112 1Chairperson of the Joint Legislative Budget Committee, and the
2chairpersons of the committee in each house that considers
3appropriations for each fiscal year. The department shall submit
4a budget change proposal to justify any positions or any other
5related support costs on an ongoing basis.
6(d) A child day care facility may use a bona fide business or
7personal check to pay the license fee required under this section.
8(e) The failure of an applicant for licensure or a licensee to pay
9all applicable and accrued fees and civil penalties shall constitute
10grounds for denial or forfeiture of a license.
begin insertSection 1596.871 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
12amended to read:end insert
The Legislature recognizes the need to generate
14timely and accurate positive fingerprint identification of applicants
15as a condition of issuing licenses, permits, or certificates of
16approval for persons to operate or provide direct care services in
17a child care center or family child care home. It is the intent of the
18Legislature in enacting this section to require the fingerprints of
19those individuals whose contact with child day care facility clients
20may pose a risk to the children’s health and safety. An individual
21shall be required to obtain either a criminal record clearance or a
22criminal record exemption from the State Department of Social
23Services before his or her initial presence in a child day care
24facility.
25(a) (1) Before issuing a license or special
permit to any person
26to operate or manage a day care facility, the department shall secure
27from an appropriate law enforcement agency a criminal record to
28determine whether the applicant or any other person specified in
29subdivision (b) has ever been convicted of a crime other than a
30minor traffic violation or arrested for any crime specified in
31subdivision (c) of Section 290 of the Penal Code, for violating
32Section 245 or 273.5, subdivision (b) of Section 273a or, prior to
33January 1, 1994, paragraph (2) of Section 273a of the Penal Code,
34or for any crime for which the department cannot grant an
35exemption if the person was convicted and the person has not been
36exonerated.
37(2) The criminal history information shall include the full
38criminal record, if any, of those persons, and subsequent arrest
39information pursuant to Section 11105.2 of the Penal Code.
P113 1(3) Except during the 2003-04
to the 2014-15 fiscal years,
2inclusive, neither the Department of Justice nor the department
3may charge a fee for the fingerprinting of an applicant who will
4serve six or fewer children or any family day care applicant for a
5license, or for obtaining a criminal record of an applicant pursuant
6to this section.
7(4) The following shall apply to the criminal record information:
8(A) If the State Department of Social Services finds that the
9applicant or any other person specified in subdivision (b) has been
10convicted of a crime, other than a minor traffic violation, the
11application shall be denied, unless the director grants an exemption
12pursuant to subdivision (f).
13(B) If the State Department of Social Services finds that the
14applicant, or any other person specified in subdivision (b), is
15awaiting trial for a crime other
than a minor traffic violation, the
16State Department of Social Services may cease processing the
17application until the conclusion of the trial.
18(C) If no criminal record information has been recorded, the
19Department of Justice shall provide the applicant and the State
20Department of Social Services with a statement of that fact.
21(D) If the State Department of Social Services finds after
22licensure that the licensee, or any other person specified in
23paragraph (2) of subdivision (b), has been convicted of a crime
24other than a minor traffic violation, the license may be revoked,
25unless the director grants an exemption pursuant to subdivision
26(f).
27(E) An applicant and any other person specified in subdivision
28(b) shall submit fingerprint images and related information to the
29Department of Justice and the Federal Bureau of
Investigation,
30through the Department of Justice, for a state and federal level
31criminal offender record information search, in addition to the
32search required by subdivision (a). If an applicant meets all other
33conditions for licensure, except receipt of the Federal Bureau of
34Investigation’s criminal history information for the applicant and
35persons listed in subdivision (b), the department may issue a license
36if the applicant and each person described by subdivision (b) has
37signed and submitted a statement that he or she has never been
38convicted of a crime in the United States, other than a traffic
39infraction as defined in paragraph (1) of subdivision (a) of Section
4042001 of the Vehicle Code. If, after licensure, the department
P114 1determines that the licensee or person specified in subdivision (b)
2has a criminal record, the license may be revoked pursuant to
3Section 1596.885. The department may also suspend the license
4pending an administrative hearing pursuant to Section 1596.886.
5(b) (1) In addition to the applicant, this section shall be
6applicable to criminal convictions of the following persons:
7(A) Adults responsible for administration or direct supervision
8of staff.
9(B) Any person, other than a child, residing in the facility.
10(C) Any person who provides care and supervision to the
11children.
12(D) Any staff person, volunteer, or employee who has contact
13with the children.
14(i) A volunteer providing time-limited specialized services shall
15be exempt from the requirements of this subdivision if this person
16is directly supervised by the licensee or a facility employee with
17a criminal
record clearance or exemption, the volunteer spends no
18more than 16 hours per week at the facility, and the volunteer is
19not left alone with children in care.
20(ii) A student enrolled or participating at an accredited
21educational institution shall be exempt from the requirements of
22this subdivision if the student is directly supervised by the licensee
23or a facility employee with a criminal record clearance or
24exemption, the facility has an agreement with the educational
25institution concerning the placement of the student, the student
26spends no more than 16 hours per week at the facility, and the
27student is not left alone with children in care.
28(iii) A volunteer who is a relative, legal guardian, or foster parent
29of a client in the facility shall be exempt from the requirements of
30this subdivision.
31(iv) A contracted
repair person retained by the facility, if not
32left alone with children in care, shall be exempt from the
33requirements of this subdivision.
34(v) Any person similar to those described in this subdivision,
35as defined by the department in regulations.
36(E) If the applicant is a firm, partnership, association, or
37corporation, the chief executive officer, other person serving in
38like capacity, or a person designated by the chief executive officer
39as responsible for the operation of the facility, as designated by
40the applicant agency.
P115 1(F) If the applicant is a local educational agency, the president
2of the governing board, the school district superintendent, or a
3person designated to administer the operation of the facility, as
4designated by the local educational agency.
5(G) Additional officers of the governing body of the applicant,
6or other persons with a financial interest in the applicant, as
7determined necessary by the department by regulation. The criteria
8used in the development of these regulations shall be based on the
9person’s capability to exercise substantial influence over the
10operation of the facility.
11(H) This section does not apply to employees of child care and
12development programs under contract with the State Department
13of Education who have completed a criminal record clearance as
14part of an application to the Commission on Teacher Credentialing,
15and who possess a current credential or permit issued by the
16commission, including employees of child care and development
17programs that serve both children subsidized under, and children
18not subsidized under, a State Department of Education contract.
19The Commission on Teacher Credentialing shall notify the
20department upon revocation of
a current credential or permit issued
21to an employee of a child care and development program under
22contract with the State Department of Education.
23(I) This section does not apply to employees of a child care and
24development program operated by a school district, county office
25of education, or community college district under contract with
26the State Department of Education who have completed a criminal
27record clearance as a condition of employment. The school district,
28county office of education, or community college district upon
29receiving information that the status of an employee’s criminal
30record clearance has changed shall submit that information to the
31department.
32(2) Nothing in this subdivision shall prevent a licensee from
33requiring a criminal record clearance of any individuals exempt
34from the requirements under this subdivision.
35(c) (1) (A) Subsequent to initial licensure, any person specified
36in subdivision (b) and not exempted from fingerprinting shall, as
37a condition to employment, residence, or presence in a child day
38care facility be fingerprinted and sign a declaration under penalty
39of perjury regarding any prior criminal conviction. The licensee
40shall submit fingerprint images and related information to the
P116 1Department of Justice and the Federal Bureau of Investigation,
2through the Department of Justice, orbegin delete toend delete comply with paragraph
3(1) of subdivision (h), prior to the person’s employment, residence,
4or initial presence in the child day care facility.
5(B) These fingerprint imagesbegin delete for the purpose of obtaining a begin insert and related informationend insert shall be
6permanent set of fingerprintsend delete
7electronically submitted to the Department of Justice in a manner
8approved by the State Department of Social Services andbegin insert the
9Department of Justice for the purpose of obtaining a permanent
10set of fingerprints. A licensee’s failureend insert tobegin insert submit fingerprint images
11and related information toend insert the Department ofbegin delete Justice,end deletebegin insert Justiceend insert or
12to comply with paragraph (1) of subdivision (h), as required in this
13section, shall result in the citation of a deficiency, and an immediate
14assessment of civil penalties in the amount of one hundred dollars
15($100) per violation per day for a maximum of five days, unless
16the violation is a second or subsequent violation within a 12-month
17period in which case the civil penalties shall be in the amount of
18one hundred dollars ($100) per violation for a maximum of 30
19days, and shall be grounds for disciplining the licensee pursuant
20to Section 1596.885 or Section 1596.886. The State Department
21of Social Services may assess civil penalties forbegin insert repeated orend insert
22 continued violations permitted by Sections 1596.99 andbegin delete 1597.62.end delete
23begin insert 1597.58.end insert The fingerprint images and related information shall then
24be submitted to the department for processing. Within 14 calendar
25days of the receipt of the fingerprint images, the Department of
26Justice shall notify the State Department of Social Services of the
27criminal record information, as provided in this subdivision. If no
28criminal record information has been recorded, the Department of
29Justice shall provide the licensee and the State Department of
30Social Services with a statement of that fact within 14 calendar
31days of receipt of the fingerprint images. If new fingerprint images
32are required for processing, the Department of Justice shall, within
3314 calendar days from the date of receipt of the fingerprint images,
34notify the licensee that the fingerprints were illegible.
35(C) Documentation of the individual’s clearance or exemption
36shall be maintained by the licensee, and shall be available for
37inspection. When live-scan technology is operational, as defined
38in Section 1522.04, the Department of Justice shall notify the
39department, as required by that section, and notify the licensee by
40mail within 14 days of electronic transmission of the fingerprints
P117 1to the Department of Justice, if the person has no criminal record.
2Any violation of the regulations adopted pursuant to Section
31522.04 shall result in the citation of a deficiency and an immediate
4assessment of civil penalties in the amount of one hundred dollars
5($100) per violation per day for a maximum of five days, unless
6the violation is a second or subsequent violation within a 12-month
7period in which case the civil penalties shall be in the amount of
8one hundred dollars ($100) per violation for a maximum of 30
9days, and shall be grounds for disciplining the licensee pursuant
10to Section 1596.885 or Section
1596.886. The department may
11assess civil penalties forbegin insert repeated orend insert continued violations, as
12permitted by Sections 1596.99 andbegin delete 1597.62.end deletebegin insert 1597.58.end insert
13(2) Except for persons specified in paragraph (2) of subdivision
14(b), the licensee shall endeavor to ascertain the previous
15employment history of persons required to be fingerprinted under
16this subdivision. If it is determined by the department, on the basis
17of fingerprints submitted to the Department of Justice, that the
18person has been convicted of a sex offense against a minor, an
19offense specified in Section 243.4, 273a, 273d, 273g, or 368 of
20the Penal Code, or a felony, the State Department of Social
21Services shall notify the licensee to act immediately to terminate
22the person’s employment, remove the person from the child day
23care facility, or bar the person from entering the child day care
24facility. The department may subsequently grant an exemption
25pursuant
to subdivision (f). If the conviction was for another crime
26except a minor traffic violation, the licensee shall, upon notification
27by the State Department of Social Services, act immediately to
28either (1) terminate the person’s employment, remove the person
29from the child day care facility, or bar the person from entering
30the child day care facility; or (2) seek an exemption pursuant to
31subdivision (f). The department shall determine if the person shall
32be allowed to remain in the facility until a decision on the
33exemption is rendered. A licensee’s failure to comply with the
34department’s prohibition of employment, contact with clients, or
35presence in the facility as required by this paragraph shall result
36in a citation of deficiency and an immediate assessment of civil
37penalties by the department against the licensee, in the amount of
38one hundred dollars ($100) per violation per day for a maximum
39of five days, unless the violation is a second or subsequent violation
40within a 12-month period in which case
the civil penalties shall
P118 1be in the amount of one hundred dollars ($100) per violation for
2a maximum of 30 days, and shall be grounds for disciplining the
3licensee pursuant to Section 1596.885 or 1596.886.
4(3) The department may issue an exemption on its own motion
5pursuant to subdivision (f) if the person’s criminal history indicates
6that the person is of good character based on the age, seriousness,
7and frequency of the conviction or convictions. The department,
8in consultation with interested parties, shall develop regulations
9to establish the criteria to grant an exemption pursuant to this
10paragraph.
11(4) Concurrently with notifying the licensee pursuant to
12paragraph (3), the department shall notify the affected individual
13of his or her right to seek an exemption pursuant to subdivision
14(f). The individual may seek an exemption only if the licensee
15terminates the person’s
employment or removes the person from
16the facility after receiving notice from the department pursuant to
17paragraph (3).
18(d) (1) For purposes of this section or any other provision of
19this chapter, a conviction means a plea or verdict of guilty or a
20conviction following a plea of nolo contendere. Any action that
21the department is permitted to take following the establishment of
22a conviction may be taken when the time for appeal has elapsed,
23when the judgment of conviction has been affirmed on appeal, or
24when an order granting probation is made suspending the
25imposition of sentence, notwithstanding a subsequent order
26pursuant to Sections 1203.4 and 1203.4a of the Penal Code
27permitting the person to withdraw his or her plea of guilty and to
28enter a plea of not guilty, or setting aside the verdict of guilty, or
29dismissing the accusation, information, or indictment. For purposes
30of this section or any other provision of this
chapter, the record of
31a conviction, or a copy thereof certified by the clerk of the court
32or by a judge of the court in which the conviction occurred, shall
33be conclusive evidence of the conviction. For purposes of this
34section or any other provision of this chapter, the arrest disposition
35report certified by the Department of Justice, or documents
36admissible in a criminal action pursuant to Section 969b of the
37Penal Code, shall be prima facie evidence of conviction,
38notwithstanding any other provision of law prohibiting the
39admission of these documents in a civil or administrative action.
P119 1(2) For purposes of this section or any other provision of this
2chapter, the department shall consider criminal convictions from
3another state or federal court as if the criminal offense was
4committed in this state.
5(e) The State Department of Social Services may not use a
6record of arrest to
deny, revoke, or terminate any application,
7license, employment, or residence unless the department
8investigates the incident and secures evidence, whether or not
9related to the incident of arrest, that is admissible in an
10administrative hearing to establish conduct by the person that may
11pose a risk to the health and safety of any person who is or may
12become a client. The State Department of Social Services is
13authorized to obtain any arrest or conviction records or reports
14from any law enforcement agency as necessary to the performance
15of its duties to inspect, license, and investigate community care
16facilities and individuals associated with a community care facility.
17(f) (1) After review of the record, the director may grant an
18exemption from disqualification for a license or special permit as
19specified in paragraphs (1) and (4) of subdivision (a), or for
20employment, residence, or presence in a child day care facility
as
21specified in paragraphs (3), (4), and (5) of subdivision (c) if the
22director has substantial and convincing evidence to support a
23reasonable belief that the applicant and the person convicted of
24the crime, if other than the applicant, are of good character so as
25to justify issuance of the license or special permit or granting an
26exemption for purposes of subdivision (c). However, an exemption
27may not be granted pursuant to this subdivision if the conviction
28was for any of the following offenses:
29(A) An offense specified in Section 220, 243.4, or 264.1,
30subdivision (a) of Section 273a or, prior to January 1, 1994,
31paragraph (1) of Section 273a, Section 273d, 288, or 289,
32subdivision (c) of Section 290, or Section 368 of the Penal Code,
33or was a conviction of another crime against an individual specified
34in subdivision (c) of Section 667.5 of the Penal Code.
35(B) A felony offense
specified in Section 729 of the Business
36and Professions Code or Section 206 or 215, subdivision (a) of
37Section 347, subdivision (b) of Section 417, or subdivision (a) or
38(b) of Section 451 of the Penal Code.
39(2) The department may not prohibit a person from being
40employed or having contact with clients in a facility on the basis
P120 1of a denied criminal record exemption request or arrest information
2unless the department complies with the requirements of Section
31596.8897.
4(g) Upon request of the licensee, who shall enclose a
5self-addressed stamped postcard for this purpose, the Department
6of Justice shall verify receipt of the fingerprint images.
7(h) (1) For the purposes of compliance with this section, the
8department may permit an individual to transfer a current criminal
9record clearance, as
defined in subdivision (a), from one facility
10to another, as long as the criminal record clearance has been
11processed through a state licensing district office, and is being
12transferred to another facility licensed by a state licensing district
13office. The request shall be in writing to the department, and shall
14include a copy of the person’s driver’s license or valid
15identification card issued by the Department of Motor Vehicles,
16or a valid photo identification issued by another state or the United
17States government if the person is not a California resident. Upon
18request of the licensee, who shall enclose a self-addressed stamped
19envelope for this purpose, the department shall verify whether the
20individual has a clearance that can be transferred.
21(2) The State Department of Social Services shall hold criminal
22record clearances in its active files for a minimum of two years
23after an employee is no longer employed at a licensed facility in
24
order for the criminal record clearances to be transferred.
25(3) The following shall apply to a criminal record clearance or
26exemption from the department or a county office with
27department-delegated licensing authority:
28(A) A county office with department-delegated licensing
29authority may accept a clearance or exemption from the
30department.
31(B) The department may accept a clearance or exemption from
32any county office with department-delegated licensing authority.
33(C) A county office with department-delegated licensing
34authority may accept a clearance or exemption from any other
35county office with department-delegated licensing authority.
36(4) With respect to notifications issued by the
Department of
37Justice pursuant to Section 11105.2 of the Penal Code concerning
38an individual whose criminal record clearance was originally
39processed by the department or a county office with
P121 1department-delegated licensing authority, all of the following shall
2apply:
3(A) The Department of Justice shall process a request from the
4department or a county office with department-delegated licensing
5authority to receive the notice, only if all of the following
6conditions are met:
7(i) The request shall be submitted to the Department of Justice
8by the agency to be substituted to receive the notification.
9(ii) The request shall be for the same applicant type as the type
10for which the original clearance was obtained.
11(iii) The request shall contain all prescribed
data elements and
12format protocols pursuant to a written agreement between the
13department and the Department of Justice.
14(B) (i) On or before January 7, 2005, the department shall notify
15the Department of Justice of all county offices that have
16department-delegated licensing authority.
17(ii) The department shall notify the Department of Justice within
1815 calendar days of the date on which a new county office receives
19department-delegated licensing authority or a county’s delegated
20licensing authority is rescinded.
21(C) The Department of Justice shall charge the department or
22a county office with department-delegated licensing authority a
23fee for each time a request to substitute the recipient agency is
24received for purposes of this paragraph. This fee shall not exceed
25the cost of providing the
service.
26(i) Notwithstanding any other provision of law, the department
27may provide an individual with a copy of his or her state or federal
28level criminal offender record information search response as
29provided to that department by the Department of Justice if the
30department has denied a criminal background clearance based on
31this information and the individual makes a written request to the
32department for a copy specifying an address to which it is to be
33sent. The state or federal level criminal offender record information
34search response shall not be modified or altered from its form or
35content as provided by the Department of Justice and shall be
36provided to the address specified by the individual in his or her
37written request. The department shall retain a copy of the
38individual’s written request and the response and date provided.
begin insertSection 1796.12 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
40amended to read:end insert
For purposes of this chapter, the following definitions
2shall apply:
3(a) “Affiliated home care aide” means an individual, 18 years
4of age or older, who is employed by a home care organization to
5provide home care services to a client and is listed on the home
6care aide registry.
7(b) “Child” or “children” means an individual or individuals
8under 18 years of age.
9(c) “Client” means an individual who receives home care
10services from a registered home care aide.
11(d) “Department” means the State Department of Social
12Services.
13(e) “Director” means the Director of Social Services.
14(f) “Family member” means any spouse, by marriage or
15otherwise,begin insert domestic partner,end insert child or stepchild, by natural birth or
16by adoption, parent, brother, sister, half-brother, half-sister,
17parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt,
18uncle, first cousin, or any person denoted by the prefix “grand” or
19“great,” or the spouse of any of these persons, even if the marriage
20has been terminated by death or dissolution.
21(g) “Home care aide applicant” means an individual, 18 years
22of age or older, who is requesting to becomebegin delete anend deletebegin insert aend insert registered home
23care aide and the department has received and is processing the
24individual’s complete home care aide application andbegin delete fees.end delete
25begin insert nonrefundable application fee.end insert
26(h) “Home care aide application” means the official form,
27designated by the department, to request to become a registered
28home care aide.
29(i) “Home care aide registry” means a department-established
30and department-maintained Internet Web site of registered home
31care aides and home care aide applicants, which includes all of the
32following: the individual’s name, registration number, registration
33status, registration expiration date, and, if applicable, the home
34care organization to which the affiliated home care aide or affiliated
35home care aide applicant is associated.
36(j) “Home care organization” means an individual, 18
years of
37age or older, firm, partnership, corporation, limited liability
38company, joint venture, association, or other entity that arranges
39for home care services by an affiliated home care aide to a client,
40and is licensed pursuant to this chapter.
P123 1(k) “Home care organization applicant” means an individual,
218 years of age or older, or a firm, partnership, corporation,
3limited liability company, joint venture, association, or other entity
4where the individual or individuals applying for the license are
518 years of age or older and are requesting to become a home
6care organization licensee and the department has received and
7is processing the complete home care organization application
8and nonrefundable application fee.
9(k)
end delete
10begin insert (end insertbegin insertlend insertbegin insert)end insert “Home care organization application” means the official
11form, designated by the department, to request to become a licensed
12home care organization.
13(l)
end delete
14begin insert(m)end insert “Home care organization licensee” means an individual, 18
15years of age or older, firm, partnership, corporation, limited liability
16company, joint venture, association, or other entity having the
17authority and responsibility for the operationbegin insert or managementend insert of a
18licensed home care organization.
19(m)
end delete
20begin insert(n)end insert “Home care services” means nonmedical services and
21assistance provided by a registered home care aide to a client who,
22because of advanced age or physical or mental disability, cannot
23perform these services. These services enable the client to remain
24in his or her residence and include, but are not limited to, assistance
25with the following: bathing, dressing, feeding, exercising, personal
26hygiene and grooming, transferring, ambulating, positioning,
27toileting and incontinence care, assisting with medication that the
28client self-administers, housekeeping, meal planning and
29preparation, laundry, transportation, correspondence, making
30telephone calls, shopping for personal care items or groceries, and
31
companionship. This subdivision shall not authorize a registered
32home care aide to assist with medication that the client
33self-administers that would otherwise require administration or
34oversight by a licensed health care professional.
35(n)
end delete
36begin insert(o)end insert “Registered home care aide” means an affiliated home care
37aide or independent home care aide, 18 years of age or older, who
38is listed on the home care aide registry.
39(o)
end delete
P124 1begin insert(p)end insert “Independent home care aide” means an individual, 18 years
2of age or older, who is not employed by a home care organization,
3but who is listed on the home care aide registry and is providing
4home care services through a direct agreement with a client.
begin insertSection 1796.14 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
6amended to read:end insert
(a) Individuals who are not employed by a home care
8organization but who provide home care services to a client may
9be listed on the home care aide registry.
10(b) An affiliated home care aide shall be listed on the home care
11aide registry prior to providing home care services to a client.
12(c) An individual providing home care services to a child is
13exempt from any requirement to be listed on the home care aide
14registry if the individual is one of the following:
15(1) A family member of the child.
end delete16(2) A guardian of the child.
end delete17(3) A conservator of the child.
end delete
18(4) A foster parent of the child, in a foster family home, as
19defined in paragraph (5) of subdivision (a) of Section 1502, or a
20certified family home, as defined in subdivision (d) of Section
211506.
22(5) Nonrelative extended family member, as defined in Section
23362.7 of the Welfare and Institutions Code.
24(6) Providing home care services in a facility in which only
25Indian children who are eligible under the federal Indian Child
26Welfare Act (25 U.S.C. 1901 et seq.) are placed and is one of the
27following:
28(A) An extended family member of the Indian child, as defined
29in Section 1903 of Title 25 of the United States Code.
30(B) A foster home that is licensed, approved, or specified by
31the Indian child’s tribe pursuant to Section 1915 of Title 25 of the
32United States Code.
33(7)
end delete
34begin insert(c)end insert begin delete Providingend deletebegin insert(1)end insertbegin insert end insertbegin insert Home care aides shall not include individuals
35who are providingend insert home care services as part ofbegin delete his or herend deletebegin insert theirend insert
36 job duties through one of the following entities:
37(A) begin delete Aend deletebegin insert Services authorized to be provided by a licensedend insert home
38health agencybegin delete licensedend delete under Chapter 8 (commencing with Section
391725).
P125 1(B) begin delete Aend deletebegin insert Services authorized to be provided by a licensedend insert hospice
2begin delete licensed underend deletebegin insert pursuant toend insert Chapter 8.5 (commencing with Section
31745).
4(C) begin delete Aend deletebegin insert Services authorized to be provided by a licensedend insert health
5facilitybegin delete licensed underend deletebegin insert pursuant toend insert Chapter 2 (commencing with
6Section 1250).
7(D) Any clinic licensed under Sections 1204 or 1204.1.
end delete8(E)
end delete
9begin insert(D)end insert begin delete A county providing in-homeend deletebegin insert In-homeend insert supportive services
10begin insert providedend insert pursuant to Article 7 (commencing with Section 12300)
11of Chapter 3 of Part 3 of Division 9begin delete of the Welfare and Institutions begin insert of,end insert or
12Code, without regard to whether the county provides these services
13as a public authorityend deletebegin delete through a nonprofit consortium Section
14established pursuant toend deletebegin delete 12301.6 ofend deletebegin insert 14132.95, 14132.952,
15or 14132.956 of,end insert the Welfare and Institutions Code.
16(E) A community care facility licensed pursuant to Chapter 3
17(commencing with Section 1500), a residential care facility for
18persons with chronic life-threatening illness licensed pursuant to
19Chapter 3.01 (commencing with Section 1568.01), a residential
20care facility for the elderly licensed pursuant to Chapter 3.2
21(commencing with Section 1569), or a facility licensed pursuant
22to the California Child Day Care Facilities Act, (Chapter 3.4
23(commencing with Section 1596.70)), which includes day care
24centers, as described in Chapter 3.5 (commencing with Section
251596.90), family day care homes, as described in Chapter 3.6
26
(commencing with Section 1597.30), and employer-sponsored
27child care centers, as described in Chapter 3.65 (commencing with
28Section 1597.70).
29(F) A clinic licensed pursuant to Section 1204 or 1204.1.
end insert30(F)
end delete
31begin insert(G)end insert A home medical device retail facility licensedbegin delete underend delete
32begin insert pursuant toend insert Section 111656.
33(G)
end delete
34begin insert(H)end insert An organization vendored or contracted through a regional
35center or the State Department of Developmental Services pursuant
36to the Lanterman Developmental Disabilities Services Act
37begin delete (Division 4.5end deletebegin insert (Chapter 1end insert (commencing with Section 4500) of
38begin insert Division 4.5 ofend insert the Welfare and Institutions Code) and the
39California Early Intervention Services Act (Title 14 (commencing
40with Section 95000) of the Government Code) to provide services
P126 1and supports for persons with developmental disabilities, as defined
2in Section 4512 of the Welfare and Institutions Code, when funding
3for those services is provided through the State Department of
4Developmental Services and more than 50 percent of the recipients
5of the home care services provided by the organization are persons
6with developmental disabilities.
7(H) A community care facility as licensed under Chapter 3
8(commencing with Section 1500), a residential care facility for
9persons with special health care needs licensed under Chapter 3.01
10(commencing with Section 1568.01), a residential care facility for
11the elderly licensed under Chapter 3.2 (commencing with Section
121569), or a child day care licensed under Chapter 3.4 (commencing
13with Section 1596.70).
14(I) begin delete Anyend deletebegin insert Anend insert alcoholism or drug abuse recovery or treatment
15facility as definedbegin delete byend deletebegin insert inend insert Section 11834.02.
16(J) Any other entity providing services similar to those described
17in this paragraph, as determined by the director.
18(8) Providing services authorized pursuant to Section 2731 of
19the Business and Professions Code
20(d) (1) Home care aides shall not include individuals who are
21providing home care services as part of their job duties through
22one of the following entities:
23(A) Services authorized to be provided by a licensed home
24health agency under Chapter 8 (commencing with Section 1725).
25(B) Services authorized to be provided by a licensed hospice
26pursuant to Chapter 8.5 (commencing with Section 1745).
27(C) Services authorized to be provided by a licensed health
28facility pursuant to Chapter 2 (commencing with Section 1250).
29(D) In-home supportive services provided pursuant to Article
307 (commencing with Section 12300) of Chapter 3 of Part 3 of
31Division 9 of the Welfare and Institutions Code.
32(E)
end delete
33begin insert(J)end insert begin delete Services authorized to be provided by oneend deletebegin insert A facility in which
34only Indian children who are eligible under the federal Indian
35Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) are placed and is
36eitherend insert of the following:
37(i) begin delete A licensed residential care facility forend deletebegin insert An extended family
38 member ofend insert thebegin delete elderly pursuant to Chapter 3.2 (commencing withend delete
39begin insert Indian child, as defined inend insert Sectionbegin delete 1569).end deletebegin insert 1903 of Title 25 of the
40United States Code.end insert
P127 1(ii) Abegin delete licensed community care facilityend deletebegin insert foster home that is
2licensed, approved, or specified by the Indian child’s tribeend insert pursuant
3tobegin delete Chapter 3 (commencing with Section 1500).end deletebegin insert Section 1915 of
4Title 25 of the United States Code.end insert
5(iii) A licensed residential care facility for persons with chronic
6life-threatening illness pursuant to Chapter 3.01 (commencing with
7Section 1568.01).
8(iv) A licensed facility, pursuant to the California Child Day
9Care Act (Chapter 3.4 (commencing with Section 1596.70)), which
10includes day care centers under Chapter 3.5 (commencing with
11Section 1596.90) and family day care homes under to Chapter 3.6
12(commencing with Section 1597.30).
13(2) Home care aides shall not include individuals providing
14services authorized to be provided pursuant to Section 2731 of the
15Business and Professions Code.
16(d) Home care aides shall not include a nonrelative extended
17family member, as defined in Section 362.7 of the Welfare and
18Institutions Code.
19(e) In the event of a conflict between this chapter and a provision
20listed in subdivision (b), (c), or (d), the provision in subdivision
21(b), (c), or (d) shall control.
begin insertSection 1796.16 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
23amended to read:end insert
begin insert (a)end insertbegin insert end insert A registered home care aide may provide home
25care services to more than one child for a family, but may not
26provide home care services for a child or children from more than
27one family at the same time. Thisbegin delete sectionend deletebegin insert chapterend insert shall not preclude
28a registered home care aide from providing home care services for
29a child or children of multiple families at different times. This
30chapter shall not override provisions of the California Child Day
31Carebegin insert Facilitiesend insert Act (Chapter 3.4 (commencing with Section
321596.70)),begin insert which includesend insert Chapter 3.5 (commencing with Section
331596.90),begin delete andend delete Chapter 3.6 (commencing with Sectionbegin delete 1597.30).end delete
34begin insert 1597.30), and Chapter 3.65 (commencing with Section 1597.70).end insert
35(b) This chapter does not override provisions of the California
36Community Care Facilities Act (Chapter 3 (commencing with
37Section 1500)), Residential Care Facilities for Persons With
38Chronic Life-Threatening Illness Act (Chapter 3.01 (commencing
39with Section 1568.01)), or the California Residential Care
P128 1Facilities for the Elderly Act (Chapter 3.2 (commencing with
2Section 1569)).
begin insertSection 1796.17 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
4amended to read:end insert
(a) Each home care organization shall be separately
6licensed. Nothing in this chapter shall prevent a licensee from
7obtaining more than one home care organization license or
8obtaining a home care organization license in addition to other
9licenses issued by the department, or both.
10begin insert (b)end insertbegin insert end insert A home care organization shall not include the following:
11(a)
end delete
12begin insert(1)end insert A home health agency licensed under Chapter 8
13(commencing with Section 1725).
14(b)
end delete
15begin insert(2)end insert A hospice licensed under Chapter 8.5 (commencing with
16Section 1745).
17(c)
end delete
18begin insert(3)end insert A health facility licensed under Chapter 2 (commencing
19with Section 1250).
20(d)
end delete
21begin insert(4)end insert Abegin delete county providing in-home supportiveend deletebegin insert person who performsend insert
22 servicesbegin insert through the In-Home Supportive Services programend insert
23 pursuant to Article 7 (commencing with Section 12300) of Chapter
243 of Part 3 of Division 9begin delete of the Welfare and Institutions Code, begin insert of,end insert or
25without regard to whether the county provides these services as a
26public authorityend deletebegin delete through a nonprofit consortium established Section
27pursuant toend deletebegin delete 12301.6 ofend deletebegin insert 14132.95, 14132.952, or 14132.956
28of,end insert the Welfare and Institutions Code.
29(e)
end delete
30begin insert(5)end insert A home medical device retail facility licensed under Section
31111656.
32(f)
end delete
33begin insert(6)end insert An organization vendored or contracted through a regional
34center or the State Department of Developmental Services pursuant
35to the Lanterman Developmental Disabilities Services Act
36(Division 4.5 (commencing with Section 4500) of the Welfare and
37Institutions Code) and the California Early Intervention Services
38Act (Title 14 (commencing with Section 95000) of the Government
39Code) to provide services and supports for persons with
40developmental disabilities, as defined in Section 4512 of the
P129 1Welfare and Institutions Code, when funding for those services is
2provided through the State Department of Developmental Services
3and more than 50 percent of the recipients of the home care services
4provided by the
organization are persons with developmental
5disabilities.
6(g)
end delete
7begin insert(7)end insert An employment agency, as defined in Section 1812.5095
8of the Civil Code, that procures, offers, refers, provides, or attempts
9to provide an independent home care aide who provides home care
10services clients.
11(h) A residential care facility for the elderly licensed under
12Chapter 3.2 (commencing with Section 1569).
13(i)
end delete
14begin insert(8)end insert A community care facility licensedbegin delete underend deletebegin insert pursuant toend insert
15 Chapter 3 (commencing with Section 1500),begin delete orend delete a residential care
16facility for persons with chronic life-threatening illness licensed
17begin delete underend deletebegin insert pursuant toend insert Chapter 3.01 (commencing with Section
18begin delete 1568.01).end deletebegin insert 1568.01), a residential care facility for the elderly
19licensed pursuant to Chapter 3.2 (commencing with Section 1569),
20or a facility licensed pursuant to the California Child Day Care
21Facilities Act (Chapter 3.4 (commencing with Section 1596.70)),
22which includes day care centers, as described in Chapter 3.5
23(commencing with Section 1596.90), family day care homes, as
24described in Chapter 3.6 (commencing with Section 1597.30), and
25employer-sponsored child care centers, as described in Chapter
263.65 (commencing with Section 1597.70).end insert
27(j)
end delete
28begin insert(9)end insert Anbegin delete personend deletebegin insert alcoholismend insert orbegin delete organization performing activities begin insert drug abuse recoveryend insert or
29that fall under the jurisdiction of a child day care facility licensed
30under Chapter 3.4 (commencing with Section 1596.70), a day care
31center licensed under Chapter 3.5 (commencing with Section
321596.60),end deletebegin delete a family day care home licensed begin insert treatment facility as defined
33under Chapter 3.6 (commencing withend delete
34inend insert Sectionbegin delete 1597.30).end deletebegin insert 11834.02.end insert
35(10) A person providing services authorized pursuant to Section
362731 of the Business and Professions Code.
37(11) A clinic licensed pursuant to Section 1204 or 1204.1.
end insertbegin insert
38(12) A nonrelative extended family member, as defined in Section
39362.7 of the Welfare and Institutions Code.
P130 1(13) A facility providing home care services in which only Indian
2children who are eligible under the federal Indian Child Welfare
3Act (25 U.S.C. Sec. 1901 et seq.) are placed and which satisfies
4either of the following:
5(A) An extended family member of the Indian child, as defined
6in Section 1903 of Title 25 of the United States Code.
7(B) A foster home that is licensed, approved, or specified by the
8Indian child’s tribe pursuant to Section 1915 of Title 25 of the
9United States Code.
10(14) Any other individual or entity providing services similar
11to those described in this chapter, as determined by the director.
12(c) In the event of a conflict between this chapter and a provision
13listed in subdivision (b), the provision in subdivision (b) shall
14control.
begin insertSection 1796.19 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
16amended to read:end insert
(a) The department shall consider, but is not limited
18to, the following when determining whether to approve a
19registration application:
20(1) Evidence satisfactory to the department of the ability of the
21begin delete independentend delete home care aide applicantbegin delete or the affiliated home care to comply with this chapter and the rules and
22aide applicantend delete
23regulations promulgated under this chapter by the department.
24(2) Evidence satisfactory to the department that thebegin delete independentend delete
25 home care aide applicantbegin delete or the affiliated home care aide applicantend delete
26 is of reputable and responsible character. The evidence shall
27include, but is not limited to, a review of the independent home
28care aide applicant’sbegin delete or the affiliated home care aide applicant’send delete
29 criminal offender record information pursuant to Section 1522.
30(3) begin delete Disclosure of anyend deletebegin insert Anyend insert revocation or other disciplinary action
31taken, or in the process of being taken, related to the care of
32individuals against thebegin delete independentend delete home care aidebegin delete applicant or applicant.
33the affiliated home care aideend delete
34(4) A signed statement that the independent home care aide
35applicant or the affiliated home care aide applicant has read and
36understood this chapter and any rules and regulations promulgated
37under this chapter by the department.
38(5)
end delete
P131 1begin insert(4)end insert Any other information that may be required by the
2department for the proper administration and enforcement of this
3chapter.
4(b) Failure of the home care aide applicant to cooperate with
5the department in the completion of the Home Care Aide
6application shall result in the withdrawal of the registration
7application. “Failure to cooperate” means that the information
8described in this chapter and by any rules and regulations
9promulgated under this chapter has not been provided, or has not
10been provided in the form requested by the department, or both.
begin insertSection 1796.22 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
12amended to read:end insert
Any individual who has submittedbegin delete anend deletebegin insert a home care
14aideend insert application and who possesses any one of the following
15identification cards may initiate a background examination to be
16a registered home care aide:
17(a) A valid California driver’s license.
18(b) A valid identification card issued by the Department of
19Motor Vehicles.
20(c) A valid Alien Registration Card.
21(d) In the case of a person living in a state other than California,
22a valid numbered photo identification card issued by an agency of
23the state other than California.
begin insertSection 1796.23 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
25amended to read:end insert
(a) Each person initiating a background examination
27to be a registered home care aide shall submit his or her fingerprints
28to the Department of Justice by electronic transmission in a manner
29approved by thebegin delete State Department of Social Services,end deletebegin insert department,end insert
30 unless exempt under subdivision (d). Each person initiating a
31background examination to be a registered home care aide shall
32also submit to thebegin delete State Department of Social Servicesend deletebegin insert departmentend insert
33 a signed declaration under penalty of perjury regarding any prior
34criminal convictions pursuant to Section 1522 and a completed
35home care aide application.
36(b) A law enforcement agency or other local agency authorized
37to take fingerprints may charge a reasonable fee to offset the costs
38of fingerprinting for the purposes of this chapter.begin insert The fee revenues
39shall be deposited in the Fingerprint Fees Account.end insert
P132 1(c) The Department of Justice shall use the fingerprints to search
2the state and Federal Bureau of Investigation criminal offender
3record information pursuant to
Section 1522.
4(d) A person who is a current licensee or employee in a facility
5licensed by thebegin delete State Department of Social Services,end deletebegin insert department,end insert
6 a certified foster parent, a certified administrator, or a registered
7TrustLine provider need not submit fingerprints to thebegin delete State begin insert department,end insert and may transfer his
8Department of Social Servicesend delete
9or her current criminal record clearance or exemption pursuant to
10paragraph (1) of subdivision (h) of Section 1522. The person shall
11instead submit to thebegin delete State Department of Social Services,end delete
12begin insert department,end insert along with the person’s registration application, a
13copy of the person’s identification card described in Section
141796.22 and sign a declaration verifying the person’s identity.
begin insertSection 1796.24 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
16amended to read:end insert
(a) (1) The department shall establish a home care
18aide registry pursuant to this chapter and shall continuously update
19the registry information. Upon submission of the home carebegin delete aidend delete
20begin insert aideend insert application and fingerprints or other identification documents
21pursuant to Sectionbegin delete 1796.23,end deletebegin insert 1796.22,end insert the department shall enter
22into the home care aide registry the person’s name, identification
23number, and an indicator that the person has submitted a home
24care aide application and fingerprints or identification
25documentation. This person shall be known as a “home care aide
26applicant.”
27(2) A person shall not be entitled to apply to be a registered
28home care aide and shall have his or her registration application
29returned without the right to appeal if the person would not be
30eligible to obtain a license pursuant to Sectionbegin delete 1558.1.end deletebegin insert 1796.40 or
311796.41.end insert
32(b) (1) Before approving an individual for registration, the
33department shall check the individual’s criminal history pursuant
34to Section 1522. Upon completion of the searches of the state
35summary criminal offender record information and the records of
36the Federal Bureau of Investigation, thebegin insert home care aideend insert applicant
37shall be issued a criminal record clearance or granted a criminal
38record exemption if grounds do not exist for denial pursuant to
39Section 1522. The department shall enter that finding in the
40person’s record in the home care aide registry and shall notify the
P133 1person of the action. This person shall be known asbegin delete an “independentend delete
2begin insert a “registeredend insert home carebegin delete aide” or an “affiliated home careend delete aide.”
3If thebegin insert home care aideend insert applicant meets all of the conditions for
4registration, except receipt of the Federal Bureau of Investigation’s
5criminal offender record information search response, the
6department may issue a clearance if thebegin insert home care aideend insert applicant
7has signed and submitted a statement that he or she has never been
8convicted of a crime in the United States, other than a minor traffic
9violation. If, after approval, the department determines that the
10registrant has a criminal record, registration may be revoked
11pursuant to Section 1796.26.
12(2) For purposes of compliance with this section, the department
13may permitbegin delete anend deletebegin insert a home care organizationend insert applicantbegin insert or a home care
14organization licenseeend insert to request the transfer of abegin insert home care aide’send insert
15 current criminal record clearance or exemption for a licensed care
16facility issued by thebegin delete department or a county with delegated begin insert department.end insert A signed criminal record clearance
17licensing authority.end delete
18or exemption transfer request shall be submitted to the department
19and shall include a copy of the person’s driver’s license or valid
20identification card issued by the Department of Motor Vehicles,
21or a valid photo identification issued by another state or the United
22States government if the person is not a California resident. Upon
23request of thebegin delete licensee, who shall enclose a self-addressed envelope begin insert licensee or home care aide applicant,end insert the
24for this purpose,end deletebegin delete State begin insert departmentend insert shall verify whether
25Department of Social Servicesend delete
26the individual has a clearance or exemption that can be transferred
27pursuant to the requirements of this chapter.
28(3) Thebegin delete State Department of Social Servicesend deletebegin insert departmentend insert shall
29hold criminal record clearances and exemptions in its active files
30for a minimum of three years after the individual is no longer on
31the registry in order to facilitate a transfer request.
begin insertSection 1796.25 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
33amended to read:end insert
(a) (1) If the department finds that the home care
35aide applicant or the registered home care aide has been convicted
36of a crime, other than a minor traffic violation, the department
37shall deny the home care aide application, or revoke the registered
38home care aide’s registration unless the director grants an
39exemption pursuant to subdivision (g) of Section 1522.
P134 1(2) If the department finds that thebegin delete independentend delete home care aide
2begin delete applicant, the independent home care aide, the affiliated home care begin insert applicantend insert or
3aide applicant,end deletebegin delete the affiliatedend deletebegin insert registeredend insert home care
4aide has an arrest as described in subdivision (a) of Section 1522,
5the department may deny the registration application or registration
6renewal application, or revoke the registered home care aide’s
7registration, if thebegin delete independentend delete home care aidebegin delete applicant,
8independent home care aide, affiliated home care aide applicant,end delete
9 orbegin delete affiliatedend deletebegin insert registeredend insert home care aide may pose a risk to the health
10and safety of any person who is or may become a client and the
11department complies with subdivision (e) of Section 1522.
12(3) The department may deny the home care aide application
13or the renewal application of a registered home carebegin insert aide, or revoke
14the home careend insert aidebegin insert registration,end insert if the department discovers that
15it had previously revoked a license or certificate of approval to be
16a certified family home, a certified administrator, or a registered
17TrustLine provider held by the home care aide applicant or
18
registered home care aide, or that it had excluded the home care
19aide applicant or registered home care aide from a licensed facility.
20(4) The department may deny the home care aide application
21or registered home care aide registration renewal application, for
22placement or retention upon the home care aide registry or revoke
23the registered home care aide’s registration if the department
24discovers that it had previously denied the home care aide
25applicant’s or registered home care aide’s application for a license
26from the department or certificate of approval to be a certified
27family home, a certified administrator, or a registered TrustLine
28provider.
29(b) (1) If the department revokes or denies a home care aide
30application or registered home care aide’s renewal application
31pursuant to subdivision (a), the department shall advise the home
32care aide applicant or
registered home carebegin delete aideend deletebegin insert aide, by written
33notification,end insert of the right to appeal. The home care aide applicant
34or registered home care aide shall have 15 daysbegin insert from the date of
35the written notificationend insert to appeal the denial or revocation.
36(2) Upon receipt by the department of the appeal, the appeal
37shall be set for hearing. The hearing shall be conducted in
38accordance with Section 1551.
39(c) If the home care aide application or registered home care
40aide renewal application has been denied, the home care aide
P135 1applicant or registered home care aide shall not reapply until he
2or she meets the timeframe set forthbegin delete by the departmentend delete in
3begin delete regulation, not to exceed one year.end deletebegin insert Sections 1796.40 and 1796.41.end insert
begin insertSection 1796.26 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
5amended to read:end insert
(a) (1) The department may revoke or deny a
7registered home care aide’s registration or request for registration
8renewal ifbegin insert any ofend insert thebegin insert following apply to theend insert registered home care
9begin delete aide does any of the following:end deletebegin insert aide:end insert
10(A) begin delete Procuresend deletebegin insert Heend insert orbegin delete attemptsend deletebegin insert she procured or attemptedend insert to
11procure his or her registered home care aide registration or renewal
12by fraud or misrepresentation.
13(B) Knowingly makes or gives any false statement or
14information in conjunction with the registered home care aide
15application or renewal application.
16(C)
end delete
17begin insert(B)end insert begin delete Hasend deletebegin insert He or she hasend insert a criminal conviction,begin insert other than a minor
18traffic violation,end insert unless an exemption is granted pursuant to Section
191522.
20(D) Engages or has engaged in an incident of abuse or neglect
21or other conduct that poses a threat to the health and safety of any
22person who is or may become a client.
23(E) Violates this chapter or of the rules or regulations
24promulgated under this chapter.
25(F) Aids, abets, or permits the violation of this chapter or of the
26rules and regulations promulgated under this chapter.
27(G)
end delete
28begin insert(C)end insert begin delete Engagesend deletebegin insert Heend insert orbegin insert she engages orend insert has engaged in conduct
29which is inimical to the health, morals, welfare, or safety of the
30people of thebegin delete stateend deletebegin insert State of Californiaend insert or an individual receiving
31or seeking to receive home care services.
32(H) Engages or has engaged in acts of financial malfeasance
33concerning a client, including, but not limited to, improper use or
34embezzlement of client moneys and property or fraudulent
35appropriation for personal gain of client moneys and property, or
36willful or negligent failure to provide services.
37(2) An individual whosebegin delete registered home care aideend delete registration
38has been revoked shall not reapply until he or she meets the
39timeframe as set forth in Sectionbegin delete 1558.1.end deletebegin insert 1796.40 or 1796.41.end insert
P136 1(3) An individual whosebegin delete registered home care aideend delete criminal
2record exemption has been denied shall not reapply for two years
3from the date of the exemption denial.
4(4) The hearing to revoke or deny the registered home care aide
5registration or registration renewal request shall be conducted in
6accordance with Section 1551.
7(b) (1) The registered home care aide’s registration shall be
8considered forfeited under the following conditions:
9(A) The registered home care aide has had a license or certificate
10of approval revoked, suspended, or denied as authorized under
11Section 1534, 1550, 1568.082, 1569.50,begin insert 1596.608,end insert or 1596.885.
12(B) The registered home care aide has been denied employment,
13residence, or presence in a facility or client’s home based on action
14resulting from an administrative hearing pursuant to Section 1558,
151568.092, 1569.58, or 1596.8897.
16(C) The registered home care aide fails to maintain a current
17mailing address with the department.
18(D) The registered home care aide’s registration is not renewed.
19(E) The registered home care aide surrenders his or her
20registration to the department.
21(F) The registered home care aide dies.
22(2) An individual whose registered home care aide registration
23has been forfeited shall not reapply until he or
she meets the
24timeframe set forth by the department inbegin delete Section 1558.1.end deletebegin insert Sections
251796.40 and 1796.41.end insert
26(c) A registered home care aide’s registration shall not be
27transferred or sold to another individual or entity.
begin insertSection 1796.29 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
29amended to read:end insert
The department shall do both of the following in the
31administration of the home care aide registry:
32(a) Establish and maintain on the department’s Internet Web
33site the registry of registered home care aides and home care aide
34applicants.
35(1) To expedite the ability of a consumer to search and locate
36a registered home care aide or home care aide applicant, the
37Internet Web site shall enable consumers to look up the registration
38status by providing the registered home care aide’s or home care
39aide applicant’s name, registration number, registration status,begin delete andend delete
P137 1 registration expirationbegin delete date.end deletebegin insert date, and, if applicable, the home care
2organization with which the affiliated home care aide is associated.end insert
3(2) The Internet Web site shall not provide any additional,
4individually identifiable information about a registered home care
5aide or home care aide applicant. The department may request and
6may maintain additional information for registered home care aides
7or home care aide applicants, as necessary for the administration
8of this chapter, which shall not be publicly available on the home
9care aide registry.
10(b) Update the home care registry upon receiving notification
11from a home care organization that an affiliated home care aide is
12no longer employed by the home care
organization.
begin insertSection 1796.31 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
14amended to read:end insert
(a) To remain on the home care aide registry, a
16registered home care aide shall renew his or her registration every
17two years.
18(1) A registered home care aide’s registration shall expire every
19two years, on the anniversary date of the initial registration date.
20If the registration is not renewed on or prior to its expiration date,
21the registration shall be forfeited pursuant to subdivision (b) of
22Section 1796.26.
23(2) To renew a registration, the registered home care aide shall,
24on or before the registration expiration date, request renewal by
25submitting to the department the registration renewal application
26form and paying thebegin insert
nonrefundableend insert registration renewal application
27fee in the amount determined by the department.
28(b) Renewal of a registered home care aide’s registration is
29conditioned on compliance with all of the following:
30(1) Submitting a complete registration renewal application form
31and payment ofbegin delete fees,end deletebegin insert the nonrefundable renewal fee,end insert both of which
32shall be postmarked on or before the expiration of the registration.
33(2) Continuing to satisfy the requirements set forth in this
34chapter.
35(3) Cooperating with the department in the completion of the
36renewal process. Failure of the registered home care aide to
37cooperate shall result in the withdrawal of the registration renewal
38application by the department. For purposes of this section,begin delete a failureend delete
39begin insert “failureend insert tobegin delete cooperateend deletebegin insert cooperate”end insert means that the information
40described in this chapter and in any rules and regulations
P138 1promulgated under this chapter has not been provided, or has not
2been provided in the form requested by the department, or both.
3(c) (1) The department shall notify a registered home care aide
4in writing of his or her registration expiration date and the process
5of renewal.
6(c)
end delete
7begin insert(2)end insert begin delete A revoked registered home care aide’s registration is subjectend delete
8begin insert Written notification pursuantend insert tobegin delete expiration as provided for inend delete this
9begin delete section. If reinstatement ofend deletebegin insert subdivision shall be mailed toend insert the
10registered home care aide’sbegin delete registration is approved by the begin insert mailing address of record at least 60 days beforeend insert
11department, the individual, as a condition precedent to
12reinstatement, shall pay a fee in an amount equal to the renewal
13fee accrued atend delete
14 thebegin delete time of its revocation.end deletebegin insert registration expiration date.end insert
begin insertSection 1796.33 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
16amended and renumbered to read:end insert
Any individual who has submitted an application
19and who possesses any one of the following identification cards
20may initiate a background examination to be a licensed home care
21organization:
22(a) A valid California driver’s license.
23(b) A valid identification card issued by the Department of
24Motor Vehicles.
25(c) A valid Alien Registration Card.
26(d) In the case of a person living in a state other
than California,
27a valid numbered photo identification card issued by an agency of
28the state other than California.
begin insertSection 1796.34 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
30amended and renumbered to read:end insert
In order to obtain a home care organization license,
33the following individual or individuals shall consent to the
34background examination described in Section 1796.23:
35(a) The ownerbegin delete or ownersend delete of the home care organization, if the
36begin delete owners are individuals.end deletebegin insert owner is an individual.end insert
37(b) If the owner of a home care organization is a corporation,
38limited liability company, joint venture, association, or other entity,
39an individual having a 10-percent or greaterbegin delete interestend deletebegin insert ownershipend insert in
40thatbegin delete entity.end deletebegin insert entity and the chief executive officer or other person
P139 1serving in a similar capacity. The department shall not issue a
2provisional license or license to any corporate home care
3organization applicant that has a member of the board of directors,
4executive director, or officer who is not eligible for licensure
5pursuant to Sections 1796.40 and 1796.41.end insert
begin insertSection 1796.35 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
7amended and renumbered to read:end insert
(a) A person or a private or public organization, with
10the exception ofbegin delete a county providingend deletebegin insert any person who performsend insert
11 in-home supportive servicesbegin insert through the In-Home Supportive
12Services programend insert pursuant to Article 7 (commencing with Section
1312300) of Chapter 3 of Part 3 of Division 9 of the Welfare and
14Institutions Code,begin insert or Section 14132.95, 14132.952, or 14132.956
15of the Welfareend insert andbegin insert Institutions Code, andend insert the exceptions provided
16for in subdivision (b), shall not do any of the following, unless it
17is licensedbegin delete underend deletebegin insert pursuant toend insert this chapter:
18(1) begin delete Representend deletebegin insert Own, manage, or representend insert himself, herself or
19itself to be a home care organization by name, advertising,
20soliciting, or any other presentments to the public, or in the context
21of services within the scope of this chapter, imply that he, she, or
22it is licensed to provide those services or to make any reference to
23employee bonding in relation to those services.
24(2) Use the terms “home care organization,” “home care,”
25“in-home care,” or any combination of those terms, within its
26name.
27(b) This section does not apply to either of the following:
28(1) begin delete A county providingend deletebegin insert Any person who performsend insert in-home
29supportive servicesbegin insert through the In-Home Supportive Services
30programend insert pursuant to Article 7 (commencing with Section 12300)
31of Chapter 3 of Part 3 of Division 9begin delete ofend deletebegin insert of, or Section 14132.95,
3214132.952, or 14132.956 of,end insert the Welfare and Institutions Code.
33(2) An employment agency, as defined in Section 1812.5095
34of the Civil Code, that procures, offers, refers, provides, or attempts
35to provide anbegin delete affiliatedend deletebegin insert independentend insert home care aide who provides
36home care to clients.
begin insertSection 1796.36 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
38amended and renumbered to read:end insert
(a) Subject to the exceptions set forth in Section
3 1796.17, an individual, partnership, corporation, limited liability
4company, joint venture, association, or other entity shall not arrange
5for the provision of home care services by a registered home care
6aide to a client in this state before obtaining a license pursuant to
7this chapter. This shall be deemed “unlicensed home care services.”
8(b) Upon discovering an individual or entity is in violation of
9subdivision (a), the department shall send a written notice of
10noncompliance to the individual or entity and assess
a civil penalty
11of nine hundred dollars ($900) per day for each calendar day of
12each violation.
13(c) Upon discovering that an individual or entity is in violation
14of subdivision (a), the department shall send a copy of the written
15notice of noncompliance to the individual or entity and to the
16Attorney General or appropriate district attorney or city attorney.
17(d) Upon receiving this notice, the Attorney General, district
18attorney, or city attorney may do any or all of the following:
19(1) Issue a cease and desist order, which shall remain in effect
20until the individual or entity has obtained a license pursuant to this
21chapter. If the individual or entity fails to comply with the cease
22and desist order within 20 calendar days, the Attorney General,
23district attorney, or city attorney may apply for an injunction.
24(2) Impose the civil penalty described in subdivision (b).
end delete25(3)
end delete
26begin insert(2)end insert Bring an action against the individual or entity under Chapter
275 (commencing with Section 17200) of Part 2 of Division 7 of the
28Business and Professions Code.
begin insertSection 1796.37 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
30amended and renumbered to read:end insert
(a) A home care organization that has its principal
33place of business in another state, in addition to the other
34requirements of this chapter, before arranging for home care
35services provided by an affiliated home care aide to a client in the
36state, shall comply with all of the following:
37(1) Have an office in California.
38(2) Maintain all pertinent records of the operation in California
39at the California office. All records shall be available to review,
40copy, audit, and inspect by thebegin delete licensing agency.end deletebegin insert department.end insert
P141 1(b) If the home care organization is a foreign corporation,
2foreign limited liability company, foreign limited partnership,
3foreign association, or a foreign limited liability partnership, as
4defined in Sections 170, 171, 171.03, 171.05, and 16101 of the
5Corporations Code, before arranging for home care services
6provided by an affiliated home care aide to a client in the state,
7the home care organization shall have an office in California and
8shall comply with both of the following:
9(1) Register with the Secretary of State to conduct intrastate
10business in California.
11(2) Maintain all pertinent records of the operation in
California
12at the California office. All records shall be available to review,
13copy, audit, and inspect by thebegin delete licensing agency.end deletebegin insert department.end insert
begin insertSection 1796.38 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
15amended and renumbered to read:end insert
begin insert (a)end insertbegin insert end insert The department may issue a home care
18organization license tobegin delete an individual or other entityend deletebegin insert a home care
19organization applicantend insert that satisfiesbegin delete all ofend delete the requirements set
20forth in this chapter, including all of the following:
21(a)
end delete
22begin insert(1)end insert Files abegin insert completeend insert home care organization application,
23including the fees required pursuant to Section 1796.49.
24(2) Submits proof of general and professional liability insurance
25in the amount of at least one million dollars ($1,000,000) per
26occurrence and three million dollars ($3,000,000) in the aggregate.
27(3) Submits proof of a valid workers’ compensation policy
28covering its affiliated home care aides. The proof shall consist of
29the policy number, the effective and expiration dates of the policy,
30and the name and address of the policy carrier.
31(4) Submits proof of an employee dishonesty bond, including
32third-party coverage, with a minimum limit of ten thousand dollars
33($10,000). This proof shall be submitted at each subsequent
34renewal.
35(5) Provides the department, upon request, with a complete list
36of its affiliated home care aides, and proof that each satisfies the
37requirements of Sections 1796.43, 1796.44, and
1796.45.
38(6) Passes a background examination, as required pursuant to
39Section 1796.33.
40(7) Completes a department orientation.
end insertbegin insert
P142 1(8) Does not have any outstanding fees or civil penalties due to
2the department.
3(9) Discloses prior or present service as an administrator,
4general partner, corporate officer or director of, or discloses
that
5he or she has held or holds a beneficial ownership of 10 percent
6or more in, any of the following:
7(A) A community care facility, as defined in Section 1502.
end insertbegin insert8(B) A residential care facility, as defined in Section 1568.01.
end insertbegin insert
9(C) A residential care facility for the elderly, as defined in
10Section 1569.2.
11(D) A child day care facility, as defined in Section 1596.750.
end insertbegin insert
12(E) A day care center, as described in Chapter 3.5 (commencing
13with Section 1596.90).
14(F) A family day care home, as described in Chapter 3.6
15(commencing with Section 1597.30).
16(G) An employer-sponsored child care center, as described in
17Chapter 3.65 (commencing with Section 1597.70).
18(H) A home care organization licensed pursuant to this chapter.
end insertbegin insert
19(10) Discloses any revocation or other disciplinary action taken,
20or in the process of being taken, against a license held or
21previously held by the entities specified in paragraph (9).
22(11) Provides evidence that every member of the board of
23directors, if applicable, understands his or her legal duties and
24obligations as a member of the board of directors and that the
25home care organization’s operation is governed by laws and
26regulations that are enforced by the department.
27(12) Provides any other information as may be required by the
28department for the proper administration and enforcement of this
29chapter.
30(13) Cooperates with the department in the completion of the
31home care organization license application process. Failure of
32the home care organization licensee to cooperate may result in
33the withdrawal of the home care organization license application.
34“Failure to cooperate” means that the information described in
35this chapter and in any rules and regulations promulgated pursuant
36to this chapter has not been provided, or not provided in the form
37requested by the department, or both.
38(b) A home care organization licensee shall renew the home
39care organization license every two years. The department may
40renew a home care organization license if the licensee satisfies
P143 1the requirements set forth in this chapter, including all of the
2following:
3(1) Files a complete home care organization license renewal
4application, including the nonrefundable fees required pursuant
5to Section 1796.49, both of which shall be postmarked on or before
6the expiration of the license.
7(b)
end delete
8begin insert(2)end insert Submits proof of general and professional liability insurance
9in the amount of at least one million dollars ($1,000,000) per
10occurrence and three million dollars ($3,000,000) in the aggregate.
11(c)
end delete
12begin insert(3)end insert Submits proof of a valid workers’ compensation policy
13covering its affiliated home care aides. The proof shall consist of
14the policy number, the effective and expiration dates of the policy,
15and the name and address of the policy carrier.
16(d)
end delete
17begin insert(4)end insert begin delete Provides the department, upon request,end deletebegin insert Submits proof of an
18employee dishonesty bond, including third-party coverage,end insert with
19abegin delete complete listend deletebegin insert minimum limitend insert ofbegin delete its affiliated home care aides, and begin insert ten
20proof that each satisfies the requirements of Section 1796.43.end delete
21thousand dollars ($10,000).end insert
22(5) Does not have any outstanding fees or civil penalties due to
23the department.
24(6) Provides any other information as may be required by the
25department for the proper administration and enforcement of this
26chapter.
27(e)
end delete
28begin insert(7)end insert begin delete The owner or ownersend deletebegin insert Cooperates with the department in
29the completionend insert of the home care organizationbegin delete pass a background begin insert license renewal process. Failure of the
30examination, as requiredend delete
31home care organization licensee to cooperate may result in the
32withdrawal of the home care organization license renewal
33application. “Failure to cooperate” means that the information
34described in this chapter and in any rules and regulations
35promulgatedend insert pursuant tobegin delete Section 1796.34.end deletebegin insert this chapter has not
36been provided, or not provided in the form requested by the
37department, or both.end insert
38(c) (1) The department shall notify a licensed home care
39organization in writing of its registration expiration date and the
40process of renewal.
P144 1(f)
end delete
2begin insert(2)end insert begin delete The applicant does not have any outstanding fees or civil begin insert Written notification pursuant to
3penalties due to the department.end delete
4this subdivision shall be mailed to the registered home care
5organization’s mailing address of record at least 60 days before
6the registration expiration date.end insert
begin insertSection 1796.38 is added to the end insertbegin insertHealth and Safety
8Codeend insertbegin insert, to read:end insert
The department may deny an application for licensure
10or suspend or revoke any license issued pursuant to this chapter,
11pursuant to Sections 1550.5 and 1551 and in the manner provided
12in this chapter on any of the following grounds:
13(a) Violation by the licensee of this chapter or of the rules and
14regulations promulgated under this chapter.
15(b) Aiding, abetting, or permitting the violation of this chapter
16or of the rules and regulations promulgated under this chapter.
17(c) Conduct which is inimical to the health, morals, welfare, or
18safety of either an individual receiving home care services or the
19people of the State of California.
20(d) The conviction of a licensee, or other person mentioned in
21Section 1522, at any time before or during licensure, of a crime
22as defined in Section 1522.
23(e) Engaging in acts of financial malfeasance concerning the
24operation of a home care organization.
begin insertSection 1796.39 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
26repealed.end insert
(a) A home care organization licensee shall renew
28the home care organization license every two years.
29(b) Renewal shall be conditioned upon the licensee doing both
30of the following:
31(1) Submitting a complete home care organization licensee
32renewal application form and payment of fees, both of which shall
33be postmarked on or before the expiration of the license.
34(2) Continuing to satisfy the requirements set forth in this
35chapter, and cooperating with the department in the completion
36of the home care organization licenses renewal process.
37(c) Failure of the home care organization licensee to cooperate
38may result in the withdrawal of the home care organization license
39renewal application. “Failure to cooperate” means that the
40information described in this chapter and in any rules and
P145 1regulations promulgated under this chapter has not been provided,
2or not provided in the form requested by the department, or both.
begin insertSection 1796.40 is added to the end insertbegin insertHealth and Safety
4Codeend insertbegin insert, to read:end insert
(a) (1) If an application for a home care organization
6license indicates, or the department determines during the
7application review process, that the home care organization
8applicant was previously issued a license under this chapter or
9under Chapter 1 (commencing with Section 1200), Chapter 2
10(commencing with Section 1250), Chapter 3 (commencing with
11Section 1500), Chapter 3.01 (commencing with Section 1568.01),
12Chapter 3.2 (commencing with Section 1569), Chapter 3.4
13(commencing with Section 1596.70), Chapter 3.5 (commencing
14with Section 1596.90), Chapter 3.6 (commencing with Section
151597.30), or Chapter 3.65 (commencing with Section 1597.70),
16and the prior license was revoked within the preceding two years,
17the department shall cease any further review of the application
18until two
years have elapsed from the date of the revocation. All
19home care organizations are exempt from the health planning
20requirements contained in Part 2 (commencing with Section
21127125) of Division 107.
22(2) If an application for a license indicates, or the department
23determines during the application review process, that the home
24care organization applicant previously was issued a certificate of
25approval by a foster family agency that was revoked by the
26department pursuant to subdivision (b) of Section 1534 within the
27preceding two years, the department shall cease any further review
28of the application until two years have elapsed from the date of
29the revocation.
30(3) If an application for a license indicates, or the department
31determines during the application review process, that the home
32care organization applicant was excluded from a facility licensed
33by the department pursuant to
Section 1558, 1568.092, 1569.58,
34or 1596.8897, the department shall cease any further review of
35the application unless the excluded individual has been reinstated
36pursuant to Section 11522 of the Government Code by the
37department.
38(b) If an application for a license indicates, or the department
39determines during the application review process, that the home
40care organization applicant had previously applied for a license
P146 1pursuant to any of the chapters listed in paragraph (1) of
2subdivision (a) and the application was denied within the last year,
3the department shall cease further review of the application until
4one year has elapsed from the date of the denial letter. In those
5circumstances in which denials are appealed and upheld at an
6administrative hearing, review of the application shall cease for
7one year from the date of the decision and order of the department.
8(c) If an
application for a license indicates, or the department
9determines during the application review process, that the home
10care organization applicant had previously applied for a certificate
11of approval with a foster family agency and the department ordered
12the foster family agency to deny the application pursuant to
13subdivision (b) of Section 1534, the department shall cease further
14review of the application as follows:
15(1) In cases where the home care organization applicant
16petitioned for a hearing, the department shall cease further review
17of the application until one year has elapsed from the effective
18date of the decision and order of the department upholding the
19denial.
20(2) In cases where the department informed the home care
21organization applicant of his or her right to petition for a hearing
22and the home care organization applicant did not petition for a
23hearing, the
department shall cease further review of the
24application until one year has elapsed from the date of the
25notification of the denial and the right to petition for a hearing.
26(3) The department may continue to review the application if it
27has determined that the reasons for the denial of the application
28were due to circumstances and conditions that either have been
29corrected or are no longer in existence.
30(d) Cessation of review pursuant to this section does not
31constitute a denial of the application.
begin insertSection 1796.41 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
33amended and renumbered to read:end insert
A home care organization licensee shall do all of the
36following:
37(a) Post itsbegin delete licenseend deletebegin insert license, business hours,end insert andbegin delete business hoursend delete
38begin insert any other information required by the departmentend insert in its place of
39business in a conspicuous location, visible both to clients and
40affiliated home care aides.
P147 1(b) Maintain and abide by a valid workers’ compensation policy
2covering its affiliated home care aides.
3(c) Maintain and abide by an employee dishonesty bond,
4including third-party coverage, with a minimum limit of ten
5thousand dollars ($10,000).
6(d) Maintain proof of general and professional liability
7insurance in the amount of at least one million dollars ($1,000,000)
8per occurrence and three million
dollars ($3,000,000) in the
9aggregate.
10(d)
end delete
11begin insert(e)end insert Report any suspected or knownbegin insert dependentend insert adultbegin insert or elderend insert
12 abuse as required by Section 15630 of the Welfare and Institutions
13Code and suspected or known child abuse as required by Sections
1411164 to 11174.3, inclusive, of the Penal Code. A copy of each
15suspected abuse report shall be maintained and available for review
16by the department during normal business hours.
begin insertSection 1796.41 is added to the end insertbegin insertHealth and Safety
18Codeend insertbegin insert, to read:end insert
(a) (1) If the department determines that a person
20was issued a license pursuant to this chapter or Chapter 1
21(commencing with Section 1200), Chapter 2 (commencing with
22Section 1250), Chapter 3 (commencing with Section 1500), Chapter
233.01 (commencing with Section 1568.01), Chapter 3.2
24(commencing with Section 1569), Chapter 3.4 (commencing with
25Section 1596.70), Chapter 3.5 (commencing with Section 1596.90),
26Chapter 3.6 (commencing with Section 1597.30), or Chapter 3.65
27(commencing with Section 1597.70), and the prior license was
28revoked within the preceding two years, the department shall
29exclude the person from acting as, and require the home care
30organization to remove him or her from his or her position as, a
31member of the board of directors, an executive director, or an
32officer of
a licensee of any home care organizations licensed by
33the department pursuant to this chapter.
34(2) If the department determines that a person was previously
35issued a certificate of approval by a foster family agency that was
36revoked by the department pursuant to subdivision (b) of Section
371534 within the preceding two years, the department shall exclude
38the person from acting as, and require the home care organization
39to remove him or her from his or her position as, a member of the
40board of directors, an executive director, or an officer of a licensee
P148 1of, any home care organizations licensed by the department
2pursuant to this chapter.
3(b) If the department determines that the person had previously
4applied for a license under any of the chapters listed in paragraph
5(1) of subdivision (a) and the application was denied within the
6last year, the department shall exclude the person
from acting as,
7and require the home care organization to remove him or her from
8his or her position as, a member of the board of directors, an
9executive director, or an officer of a licensee of any home care
10organizations licensed by the department pursuant to this chapter
11as follows:
12(1) In cases where the home care organization applicant
13petitioned for a hearing, the department shall exclude the person
14from acting as, and require the home care organization to remove
15him or her from his or her position as, a member of the board of
16directors, an executive director, or an officer of a licensee of, any
17home care organizations licensed by the department pursuant to
18this chapter until one year has elapsed from the effective date of
19the decision and order of the department upholding a denial.
20(2) In cases where the department informed the home care
21organization applicant of his or her
right to petition for a hearing
22and the home care organization applicant did not petition for a
23hearing, the department shall exclude the person from acting as,
24and require the home care organization to remove him or her from
25his or her position as, a member of the board of directors, an
26executive director, or an officer of a licensee of, any home care
27organizations licensed by the department pursuant to this chapter
28until one year has elapsed from the date of the notification of the
29denial and the right to petition for a hearing.
30(c) If the department determines that the person had previously
31applied for a certificate of approval with a foster family agency
32and the department ordered the foster family agency to deny the
33application pursuant to subdivision (b) of Section 1534, the
34department shall exclude the person from acting as, and require
35the home care organization to remove him or her from his or her
36position as, a member of the board of
directors, an executive
37director, or an officer of a licensee of, any home care organizations
38licensed by the department pursuant to this chapter and as follows:
39(1) In cases where the home care organization applicant
40petitioned for a hearing, the department shall exclude the person
P149 1from acting as, and require the home care organization to remove
2him or her from his or her position as, a member of the board of
3directors, an executive director, or an officer of a licensee of, any
4home care organizations licensed by the department pursuant to
5this chapter until one year has elapsed from the effective date of
6the decision and order of the department upholding a denial.
7(2) In cases where the department informed the home care
8organization applicant of his or her right to petition for a hearing
9and the home care organization applicant did not petition for a
10hearing, the department
shall exclude the person from acting as,
11and require the home care organization to remove him or her from
12his or her position as, a member of the board of directors, an
13executive director, or an officer of a licensee of, any home care
14organizations licensed by the department pursuant to this chapter
15until one year has elapsed from the date of the notification of the
16denial and the right to petition for a hearing.
17(d) Exclusion or removal of an individual pursuant to this
18section shall not be considered an order of exclusion for purposes
19of Section 1796.25 or any other law.
20(e) The department may determine not to exclude a person from
21acting as or require that he or she be removed from his or her
22position as a member of the board of directors, an executive
23director, or an officer of a licensee of, any home care organizations
24licensed by the department pursuant to this chapter if it
has been
25determined that the reasons for the denial of the application or
26revocation of the facility license or certificate of approval were
27due to circumstances or conditions that either have been corrected
28or are no longer in existence.
begin insertSection 1796.42 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
30amended and renumbered to read:end insert
(a) Home care organizations that employ affiliated
33home care aides shall ensure the affiliated home care aides are
34cleared on the home care aide registry before placing the individual
35in direct contact with clients. In addition, the home care
36organization shall do all of the following:
37(1) Ensure any staff person, volunteer, or employee of a home
38care organization who has contact with clients, prospective clients,
39or confidential client information that may pose a risk to the clients’
40health and safety has met the requirements ofbegin delete Section 1796.23end delete
P150 1begin insert Sections 1796.23, 1796.24, 1796.25, 1796.26, and 1796.28end insert before
2begin delete being hired.end deletebegin insert there is contact with clients or prospective clients or
3access to confidential client information.end insert
4(2) Require home care aides to demonstrate that they are free
5of active tuberculosis disease, pursuant to Section 1796.45.
6(3) Immediately notify the department when the home care
7organization no longer employs an individual as an affiliated home
8care aide.
9(b) This section shall not prevent a licensee from requiring a
10criminal record clearance of any individual exempt from the
11requirements of this section, provided that the individual has client
12contact.
begin insertSection 1796.44 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
14amended to read:end insert
(a) Abegin delete home care organizationend delete licensee shall ensure
16that prior to providing home care services, an affiliated home care
17aide shall complete the training requirements specified in this
18section.
19(b) An affiliated home care aide shall complete a minimum of
20five hours of entry-level training prior to presence with a client,
21as follows:
22(1) Two hours of orientation training regarding his or her role
23as caregiver and the applicable terms of employment.
24(2) Three hours of safety training, including basic safety
25precautions, emergency procedures, and infection control.
26(c) In addition to the requirements in subdivision (b), an
27affiliated home care aide shall complete a minimum of five hours
28of annual training. The
annual training shall relate to core
29competencies and be population specific, which shall include, but
30not be limited to, the following areas:
31(1) Clients’ rights and safety.
32(2) How to provide for and respond to a client’s daily living
33needs.
34(3) How to report, prevent, and detect abuse and neglect.
35(4) How to assist a client with personal hygiene and other home
36care services.
37(5) If transportation services are provided, how to safely
38transport a client.
P151 1(d) The entry-level training and annual trainingbegin delete on described in subdivisions
2department-approved job-related topicsend delete
3(b) and (c) may be completed through an online training program.
begin insertSection 1796.45 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
5amended to read:end insert
(a) begin delete An individual hired to be an affiliatedend deletebegin insert Affiliatedend insert
7 home carebegin delete aideend deletebegin insert aides hiredend insert on or after January 1,begin delete 2015,end deletebegin insert 2016,end insert shall
8begin delete be submittedend deletebegin insert submitend insert to an examination 90 days prior to employment
9or within seven days after employment to determine that the
10individual is free of active tuberculosis disease.
11(b) For purposes of this section, “examination” means a test for
12tuberculosis infection that is recommended by the federal Centers
13for Disease Control and Prevention (CDC) and that is licensed by
14the federal Food and Drug Administration (FDA) and, if that test
15is positive, an X-ray of the lungs. The aide shall not work as an
16affiliated home care aide unlessbegin delete he or sheend deletebegin insert the licenseeend insert obtains
17documentation from a licensed medical professional that there is
18no risk of spreading the disease.
19(c) An affiliated home care aide whose employment with a home
20care organization began before January 1, 2015, shall submit to
21the examination described in subdivision (a) before July 1, 2015.
22(d)
end delete
23begin insert(c)end insert After submitting to an examination, an affiliated home care
24aide whose test for tuberculosis infection is negative shall be
25required to undergo an examination at least once every two years.
26Once an affiliated home care aide has a documented positive test
27for tuberculosis infection that has been followed by an X-ray, the
28examination is no longer required.
29(e)
end delete
30begin insert(d)end insert Afterbegin delete theend deletebegin insert eachend insert examination, an affiliated home care aide
31shall submit, and the home care organization shall keep on file, a
32certificate from the examining practitioner showing that the
33affiliated home care aide was examined and found free from active
34tuberculosis disease.
35(f)
end delete
36begin insert(e)end insert The examination is a condition of initial and continuing
37employment with the home care organization.begin delete The affiliated home
38care aide shall pay the cost of the examination.end delete
39(g)
end delete
P152 1begin insert(f)end insert An affiliated home care aide who transfers employment from
2one home care organization to another shall be deemed to meet
3the requirements of subdivision (a) or (c) if the affiliated home
4care aide can produce a certificate showing that he or she submitted
5to the examination within the past two years and was found to be
6free of active tuberculosis disease, or if it is verified by the home
7care organization previously employing him or her that it has a
8certificate on file that contains thatbegin delete showing.end deletebegin insert showing and a copy
9of the certificate is provided to the new home care organization
10prior to the affiliated home care aide beginning employment.end insert
begin insertSection 1796.47 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
12amended to read:end insert
(a) (1) Administration of this program shall be fully
14supported by fees and not civil penalties. Initial costs to implement
15this chapter may be provided through a General Fund loan that is
16to be repaid in accordance with a schedule provided by the
17Department of Finance. The department shall assess fees for home
18care organization licensure, and home care aide registration related
19to activities authorized by this chapter. The department may adjust
20fees as necessary to fully support the administration of this chapter.
21Except for General Fund moneys that are otherwise transferred or
22appropriated for the initial costs of administering this chapter, or
23penalties collected pursuant to this chapter that are appropriated
24by the Legislature for the purposes of this chapter, no General
25Fund moneys shall be used for
any purpose under this chapter.
26(2) A portion of moneys collected in the administration of this
27chapter, as designated by the department, may be used for
28community outreach consistent with this chapter.
29(b) The Home Care Fund is hereby created within the State
30Treasury for the purpose of this chapter. All licensure and
31registration fees authorized by this chapter shall be deposited into
32the Home Carebegin delete Fund.end deletebegin insert Fund, except the fingerprint fees collected
33pursuant to Section 1796.23, which shall be deposited into the
34Fingerprint Fees Account.end insert Moneys in this fund shall, upon
35appropriation by the Legislature, be made available to the
36department for purposes of administering this chapter.
37(c) Any fines and penalties collected pursuant to this chapter
38shall be deposited into the Home Care Technical Assistance Fund,
39which is hereby created as a subaccount within the Home Care
40Fund. Moneys in the Home Care Technical Assistance Fund shall,
P153 1upon appropriation by the Legislature, be available to the
2department for the purposes of providing technical assistance,
3training, and education pursuant to this chapter.
begin insertSection 1796.48 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
5amended to read:end insert
(a) The department may chargebegin delete anend deletebegin insert a nonrefundableend insert
7 application andbegin insert nonrefundableend insert renewal fee to become a registered
8home care aide and to renew a registered home care aide’s
9registration.
10(b) The maximum fee shall not exceed the total actual costs,
11which include, but are not limited to, of all of the following:
12(1) The searches for criminal offender records performed by
13the Department of Justice.begin delete The cost to check the criminal offender
14records shall not subsidize the cost to check the criminal history
15of other persons by the department who are not charged a fee by
16the Department of Justice.end delete
17(2) The cost incurred by the Department of Justice for the
18searches of the records of the Federal Bureau of Investigation.
19(3) The cost to the department to process the applications and
20maintain the home care aide registry and perform the duties
21required by this chapter and any rules and regulations promulgated
22begin delete underend deletebegin insert pursuant toend insert this chapter.
23(c) The fees collected shall be deposited into the Home Care
24Fund pursuant to subdivision (b) of Sectionbegin delete 1796.47.end deletebegin insert 1796.47,
25except the fingerprint fees collected pursuant to Section 1796.23,
26which shall be deposited into the Fingerprint Fees Account.end insert
begin insertSection 1796.49 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
28amended to read:end insert
(a) Abegin delete home care organizationend delete licensee shall pay the
30following fees:
31(1) Abegin insert nonrefundableend insert 24-month initial license fee, as prescribed
32by the department, for abegin delete new home care organizationend delete licensee not
33currently licensed to provide home care services in the state.
34(2) begin delete Two-yearend deletebegin insert A two-year nonrefundableend insert renewal fee, as
35determined by the department, based on the number of full-time
36equivalents (FTEs), including paid personnel or contractors needed
37to oversee the enforcement of this chapter.
38(3) Other reasonable fees as prescribed by the department
39necessary for the administration of this chapter.
P154 1(b) The fees collected shall be deposited into the Home Care
2Fund pursuant to subdivision (b) of Sectionbegin delete 1796.47.end deletebegin insert 1796.47,
3except the fingerprint fees collected pursuant to Section 1796.23,
4which shall be deposited into the Fingerprint Fees Account.end insert
begin insertSection 1796.52 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
6amended to read:end insert
(a) The department may review and, if it determines
8necessary, investigate complaints filed against home care
9organizations regarding violations of this chapter or any rules or
10regulations promulgatedbegin delete underend deletebegin insert pursuant toend insert this chapter.
11(b) The department shall verify through random, unannounced
12inspections that a home care organization meets the requirements
13of this chapter and the rules and regulations promulgatedbegin delete underend delete
14begin insert pursuant toend insert this chapter.
15(c) An investigation or inspection conducted by the department
16pursuant to this chapter may include, but is not limited to,
17inspection of the books, records, or premises of a home care
18organization. A home care organization’s refusal to make records,
19books, or premises available shall constitute cause for the
20revocation of the home care organization’s license.
21(d) Other than maintaining the home care registry, the
22department shall have no oversight responsibility regarding
23registered home care aides.
24(e) Upon receipt of a report of suspected or
known abuse, as
25set forth in subdivision (e) of Section 1796.42, the department shall
26cross-report the suspected or known abuse to local law
27enforcement and Adult Protective Services if the alleged victim is
2818 years of age or older, or local law enforcement and Child
29Protective Services if the alleged victim is under 18 years of age.
30Other than the cross-reporting required by this subdivision, the
31department shall not be required to investigate suspected or known
32abuse or have other responsibilities related to the suspected or
33known abuse. This subdivision shall not supersede the existing
34duty of home health aides and home health agencies as mandated
35reporters to report directly to local law enforcement or county
36adult protective services pursuant to Section 15630.
begin insertSection 1796.55 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
38amended to read:end insert
(a) A home care organization that operates in
40violation of any requirement or obligation imposed by this chapter
P155 1or any rule or regulation promulgatedbegin delete underend deletebegin insert pursuant toend insert this chapter
2may be subject to the fines levied or licensure action taken by the
3department as specified in this chapter.
4(b) When the department determines that a home care
5organization is in violation of this chapter or any rules or
6regulations promulgatedbegin delete underend deletebegin insert pursuant toend insert this chapter, a notice
7of violation shall be served upon the licensee. Each notice of
8violation shall be prepared in writing and shall specify the nature
9of the violation and the statutory provision, rule, or regulation
10alleged to have been violated. The notice shall inform the licensee
11of any action the department may takebegin delete underend deletebegin insert pursuant toend insert this
12chapter, including the requirement of a plan of correction,
13assessment of a penalty, or action to suspend, revoke, or deny
14renewal of the license. The director or his or her designee shall
15also inform the licensee of rights to a hearingbegin delete underend deletebegin insert pursuant toend insert
16 this chapter.
17(c) The department may impose a fine of up to nine hundred
18dollars ($900) per violation per day commencing on the date the
19violation was identified and ending on the date each violation is
20begin delete corrected, or action is taken to suspend, revoke, or deny renewal begin insert corrected.end insert
21of the license, whichever comes first.end delete
22(d) The department shall adopt regulations establishing
23procedures for notices, correction plans, appeals, and hearings.
begin insertSection 1796.56 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
25repealed.end insert
Any fines and penalties collected pursuant to this
27chapter shall be deposited into the Home Care Penalties
28Subaccount, which is hereby created within the Home Care Fund
29created pursuant to Section 1796.47. Moneys in this account shall,
30upon appropriation by the Legislature, be made available to the
31department for purposes of enforcing this chapter.
begin insertSection 1796.61 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
33amended to read:end insert
begin insert (a)end insertbegin insert end insert This chapter shallbegin delete become operativeend deletebegin insert be
35implementedend insert on January 1,begin delete 2015.end deletebegin insert 2016.end insert
36(b) Home care organization applicants and home care aide
37applicants who submit applications prior to January 1, 2016, shall
38be authorized to provide home care services without meeting the
39requirements of Section 1796.45, provided the requirements of
40that section are met no later than July 1, 2016.
P156 1(c) The applicants described in subdivision (b) shall meet all
2the requirements of this chapter no later than July 1, 2016, in order
3to continue to provide home care services.
begin insertSection 1796.63 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
5amended to read:end insert
begin insert (a)end insertbegin insert end insert The department shall adopt, amend, or repeal,
7in accordance with Chapter 3.5 (commencing with Section 11340)
8of the Government Code, any reasonable rules, regulations, and
9standards as may be necessary or proper to carry out the purpose
10and intent of this chapter and to enable the department to exercise
11the powers and perform the duties conferred upon it by this chapter,
12not inconsistent with any of the provisions of any statute of this
13state. Notwithstanding the rulemaking provisions of the
14Administrative Procedure Act (Chapter 3.5 (commencing with
15Section 11340) of Part 1 of Division 3 of Title 2 of the
Government
16Code), the department may implement and administer this chapter
17through written directives, without taking regulatory action, subject
18to the limitations provided in subdivision (b).
19(a) The department shall post any proposed rules promulgated
20under this section on its public Internet Web site no earlier than
2110 calendar days prior to the effective date of the proposed rule,
22which shall also include notification to the public regarding how
23members of the public may comment, including the date on which
24those comment must be received in order to be considered by the
25department.
26(b) The department’s authority to implement and administer
27thisbegin delete sectionend deletebegin insert chapterend insert through written directives shall expire no later
28thanbegin delete 12 months after the written directives are promulgated and begin insert January 1, 2018,end insert or upon the
29posted on a public Internet Web site,end delete
30effective date of regulations promulgated in accordance with the
31Administrative Procedure Act (Chapter 3.5 (commencing with
32Section 11340) of Part 1 of Division 3 of Title 2 of the Government
33Code), whichever occurs sooner.
34(c) The department may adopt emergency regulations to
35implement and administer the provisions of this chapter. The
36department may readopt any emergency regulations that are the
37same as, or substantially equivalent to, any emergency regulations
38previously adopted. The initial adoption and readoption of
39emergency regulations for the implementation and
administration
40of this chapter pursuant to this subdivision shall be deemed to be
P157 1an emergency and necessary for the immediate preservation of
2the public peace, health, safety, or general welfare. The initial and
3readopted emergency regulations shall be exempt from review by
4the Office of Administrative Law. The initial and readopted
5emergency regulations shall be submitted to the Office of
6Administrative Law for filing with the Secretary of State and each
7adoption or readoption shall remain in effect for no more than
8180 days.
begin insertSection 300 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
10amended to read:end insert
Any child who comes within any of the following
12descriptions is within the jurisdiction of the juvenile court which
13may adjudge that person to be a dependent child of the court:
14(a) The child has suffered, or there is a substantial risk that the
15child will suffer, serious physical harm inflicted nonaccidentally
16upon the child by the child’s parent or guardian. For the purposes
17of this subdivision, a court may find there is a substantial risk of
18serious future injury based on the manner in which a less serious
19injury was inflicted, a history of repeated inflictions of injuries on
20the child or the child’s siblings, or a combination of these and other
21actions by the parent or guardian which indicate the child is at risk
22of serious physical harm. For
purposes of this subdivision, “serious
23physical harm” does not include reasonable and age-appropriate
24spanking to the buttocks where there is no evidence of serious
25physical injury.
26(b) begin insert (1)end insertbegin insert end insert The child has suffered, or there is a substantial risk
27that the child will suffer, serious physical harm or illness, as a
28result of the failure or inability of his or her parent or guardian to
29adequately supervise or protect the child, or the willful or negligent
30failure of the child’s parent or guardian to adequately supervise
31or protect the child from the conduct of the custodian with whom
32the child has been left, or by the willful or negligent failure of the
33parent or guardian to provide the child with adequate food,
34
clothing, shelter, or medical treatment, or by the inability of the
35parent or guardian to provide regular care for the child due to the
36parent’s or guardian’s mental illness, developmental disability, or
37substance abuse. No child shall be found to be a person described
38by this subdivision solely due to the lack of an emergency shelter
39for the family. Whenever it is alleged that a child comes within
40the jurisdiction of the court on the basis of the parent’s or
P158 1guardian’s willful failure to provide adequate medical treatment
2or specific decision to provide spiritual treatment through prayer,
3the court shall give deference to the parent’s or guardian’s medical
4treatment, nontreatment, or spiritual treatment through prayer alone
5in accordance with the tenets and practices of a recognized church
6or religious denomination, by an accredited practitioner thereof,
7and shall not assume jurisdiction unless necessary to protect the
8child from suffering serious physical harm or illness. In making
9its determination, the
court shall consider (1) the nature of the
10treatment proposed by the parent or guardian, (2) the risks to the
11child posed by the course of treatment or nontreatment proposed
12by the parent or guardian, (3) the risk, if any, of the course of
13treatment being proposed by the petitioning agency, and (4) the
14likely success of the courses of treatment or nontreatment proposed
15by the parent or guardian and agency. The child shall continue to
16be a dependent child pursuant to this subdivision only so long as
17is necessary to protect the child from risk of suffering serious
18physical harm or illness.
19(2) The Legislature finds and declares that a child who is
20sexually trafficked, as described in Section 236.1 of the Penal
21Code, or who receives food or shelter in exchange for, or who is
22paid to perform, sexual acts described in Section 236.1 or 11165.1
23of the Penal Code, and
whose parent or guardian failed to, or was
24unable to, protect the child, is within the description of this
25subdivision, and that this finding is declaratory of existing law.
26These children shall be known as commercially sexually exploited
27children.
28(c) The child is suffering serious emotional damage, or is at
29substantial risk of suffering serious emotional damage, evidenced
30by severe anxiety, depression, withdrawal, or untoward aggressive
31behavior toward self or others, as a result of the conduct of the
32parent or guardian or who has no parent or guardian capable of
33providing appropriate care. No child shall be found to be a person
34described by this subdivision if the willful failure of the parent or
35guardian to provide adequate mental health treatment is based on
36a sincerely held religious belief and if a less intrusive judicial
37intervention is available.
38(d) The child has been sexually abused, or there is a substantial
39risk that the child will be sexually abused, as defined in Section
4011165.1 of the Penal Code, by his or her parent or guardian or a
P159 1member of his or her household, or the parent or guardian has
2failed to adequately protect the child from sexual abuse when the
3parent or guardian knew or reasonably should have known that
4the child was in danger of sexual abuse.
5(e) The child is under the age of five years and has suffered
6severe physical abuse by a parent, or by any person known by the
7parent, if the parent knew or reasonably should have known that
8the person was physically abusing the child. For the purposes of
9this subdivision, “severe physical abuse” means any of the
10following: any single act of abuse which causes physical trauma
11of sufficient severity that, if left untreated, would cause permanent
12physical disfigurement, permanent physical disability, or death;
13any
single act of sexual abuse which causes significant bleeding,
14deep bruising, or significant external or internal swelling; or more
15than one act of physical abuse, each of which causes bleeding,
16deep bruising, significant external or internal swelling, bone
17fracture, or unconsciousness; or the willful, prolonged failure to
18provide adequate food. A child may not be removed from the
19physical custody of his or her parent or guardian on the basis of a
20finding of severe physical abuse unless the social worker has made
21an allegation of severe physical abuse pursuant to Section 332.
22(f) The child’s parent or guardian caused the death of another
23child through abuse or neglect.
24(g) The child has been left without any provision for support;
25physical custody of the child has been voluntarily surrendered
26pursuant to Section 1255.7 of the Health and Safety Code and the
27child has not been
reclaimed within the 14-day period specified
28in subdivision (e) of that section; the child’s parent has been
29incarcerated or institutionalized and cannot arrange for the care of
30the child; or a relative or other adult custodian with whom the child
31resides or has been left is unwilling or unable to provide care or
32support for the child, the whereabouts of the parent are unknown,
33and reasonable efforts to locate the parent have been unsuccessful.
34(h) The child has been freed for adoption by one or both parents
35for 12 months by either relinquishment or termination of parental
36rights or an adoption petition has not been granted.
37(i) The child has been subjected to an act or acts of cruelty by
38the parent or guardian or a member of his or her household, or the
39parent or guardian has failed to adequately protect the child from
40an act or acts of cruelty when the parent or guardian knew or
P160 1
reasonably should have known that the child was in danger of
2being subjected to an act or acts of cruelty.
3(j) The child’s sibling has been abused or neglected, as defined
4in subdivision (a), (b), (d), (e), or (i), and there is a substantial risk
5that the child will be abused or neglected, as defined in those
6subdivisions. The court shall consider the circumstances
7surrounding the abuse or neglect of the sibling, the age and gender
8of each child, the nature of the abuse or neglect of the sibling, the
9mental condition of the parent or guardian, and any other factors
10the court considers probative in determining whether there is a
11substantial risk to the child.
12It is the intent of the Legislature that nothing in this section
13disrupt the family unnecessarily or intrude inappropriately into
14family life, prohibit the use of reasonable methods of parental
15discipline, or prescribe a particular method of
parenting. Further,
16nothing in this section is intended to limit the offering of voluntary
17services to those families in need of assistance but who do not
18come within the descriptions of this section. To the extent that
19savings accrue to the state from child welfare services funding
20obtained as a result of the enactment of the act that enacted this
21section, those savings shall be used to promote services which
22support family maintenance and family reunification plans, such
23as client transportation, out-of-home respite care, parenting
24training, and the provision of temporary or emergency in-home
25caretakers and persons teaching and demonstrating homemaking
26skills. The Legislature further declares that a physical disability,
27such as blindness or deafness, is no bar to the raising of happy and
28well-adjusted children and that a court’s determination pursuant
29to this section shall center upon whether a parent’s disability
30prevents him or her from exercising care and control. The
31Legislature further declares that a
child whose parent has been
32adjudged a dependent child of the court pursuant to this section
33shall not be considered to be at risk of abuse or neglect solely
34because of the age, dependent status, or foster care status of the
35parent.
36As used in this section, “guardian” means the legal guardian of
37the child.
begin insertSection 10104 of the end insertbegin insertWelfare and Institutions Codeend insert
39begin insert is amended to read:end insert
begin insert (a)end insertbegin insert end insert It is the intent of the Legislature to ensure that the
2impacts of the 2011 realignment of child welfare services, foster
3care, adoptions, and adult protective services programs are
4identified andbegin delete evaluated,end deletebegin insert evaluatedend insert initially and over time. It is
5further the intent of the Legislature to ensure that information
6regarding these impacts is publicly available and accessible and
7can be utilized to support the state’s and counties’ effectiveness
8in delivering these critical services and supports.
9(a)
end delete
10begin insert(b)end insert The State Department of Social Services shall annually
11report to the appropriate fiscal and policy committees of the
12Legislature, and publicly post on the department’s Internet Web
13begin delete site,end deletebegin insert siteend insert a summary of outcome and expenditure data that allows
14for monitoring of changes over time.
15(b)
end delete
16begin insert(c)end insert The report shall be submitted and posted by April 15 of each
17year and shall contain expenditures for each county for the
18programs described in clauses (i) to (vii), inclusive, of
19subparagraph (A) of paragraphbegin delete (9)end deletebegin insert(16)end insert of subdivision (f) of Section
2030025 of the Government Code.begin insert To the extent that the information
21is readily or publicly available, the report shall also contain the
22amount of funds each county receives from the Protective Services
23Growth Special Account created pursuant to Section 30025 of the
24Government Code, child welfare services social worker caseloads
25per county, and the number of authorized positions in the local
26child welfare services agency.end insert
27(c)
end delete
28begin insert(d)end insert The department shall consult with legislative staff and with
29stakeholders to develop a reporting format consistent with the
30Legislature’s desired level of outcome and expenditure reporting
31detail.
begin insertSection 10553.11 of the end insertbegin insertWelfare and Institutions Codeend insert
33begin insert is amended to read:end insert
(a) Effective July 1, 2011, notwithstanding any
35otherbegin delete provision ofend delete law or regulation, a tribe, consortium of tribes,
36or a tribal organization that is operating a program pursuant to an
37agreement with the department under Section 10553.1, shall be
38responsible for the following share of costs:
39(1) For the adequate care of each child receiving AFDC-FC as
40identified in subdivision (d) of Section 11450, the tribal share shall
P162 1be 60 percent of the nonfederal share. For nonfederally eligible
2costs, the tribal share shall be 60 percent of the costs.
3(2) For administrative costs of administering the AFDC-FC
4program, the tribal share shall be 30 percent of the nonfederal
5share. For nonfederally eligible administrative costs, the tribal
6share shall be 30 percent of the costs.
7(3) For the provision of child welfare services
pursuant to
8Section 10101, the tribal share shall be 30 percent of the nonfederal
9share. For nonfederally eligible costs, the tribal share shall be 30
10percent of the costs.
11(4) For the provision of Title XIX child welfare services, the
12tribal share shall be 30 percent of the nonfederal costs. For services
13delivered by skilled professional medical personnel, reimbursement
14may be claimed under Title XIX at an enhanced rate and the tribal
15share shall be 30 percent of the nonfederal share.
16(5) For wraparound services approved by the department for
17children described in Section 18250, the tribal share shall be 60
18percent of the costs.
19(6) For the support and care of hard-to-place adoptive children,
20the tribal share shall be 25 percent of the nonfederal share of the
21amount specified in Section 16121. For nonfederally
eligible
22children, the tribal share shall be 25 percent of the costs.
23(7) For monthly visitation of children placed in group homes,
24there shall be no tribal share.
25(8) For the support and care of former dependent children who
26have been made wards of related guardians, the tribal share shall
27be 21 percent of the nonfederal share. For nonfederally eligible
28children, the tribal share shall be 21 percent of the costs. There
29shall be no tribal share for federally eligible administrative costs.
30For nonfederally eligible administrative costs, the tribal share shall
31be 50 percent.
32(9) For the cost of extending aid pursuant to Section 11403 to
33eligible nonminor dependents who have reached 18 years of age
34and who are under the jurisdiction of the tribal program, the tribal
35share shall be 21 percent of the nonfederal share.
36(b) Notwithstanding subdivision (a), commencing July 1, 2014,
37a tribe, consortium of tribes, or a tribal organization, that is
38operating a program pursuant to an agreement with the department
39under Section 10553.1, shall be responsible for the share of costs,
40as follows:
P163 1(1) For the adequate care of each child receiving AFDC-FC as
2identified in subdivision (d) of Section 11450, there shall be no
3tribal share of costs of the nonfederal share with an enhanced
4federal medical assistance percentage of 80 percent or higher. If
5the federal medical assistance percentage is below 80 percent, the
6tribal share of cost shall be 60 percent of the nonfederal share.
7For nonfederally eligible costs, there shall be no tribal share unless
8the federal medical assistance percentage for federally
eligible
9cases is below 80 percent, in which case the tribal share for
10nonfederally eligible costs shall be 60 percent.
11(2) For administrative costs of administering the AFDC-FC
12program, the tribal share shall be 30 percent of the nonfederal
13share. For nonfederally eligible administrative costs, the tribal
14share shall be 30 percent of the costs.
15(3) For the provision of child welfare services pursuant to
16Section 10101, the tribal share shall be 30 percent of the
17nonfederal share. For nonfederally eligible costs, the tribal share
18shall be 30 percent of the costs.
19(4) For the provision of child welfare services under Title XIX
20of the federal Social Security Act, the tribal share shall be 30
21percent of the nonfederal share. For services delivered by skilled
22professional medical personnel, reimbursement may be claimed
23under Title XIX of the federal Social Security Act at an enhanced
24rate and the tribal share shall be 30 percent of the nonfederal
25share.
26(5) For wraparound services approved by the department for
27children described in Section 18250, there shall be no tribal share
28of the costs with an enhanced federal medical assistance
29percentage of 80 percent or higher. If the federal medical
30assistance percentage is below 80 percent, the tribal share of cost
31shall be 60 percent of the nonfederal share.
32(6) For the support and care of hard-to-place adoptive children,
33there shall be no tribal share of cost of the nonfederal share of the
34amount specified in Section 16121 with an enhanced federal
35medical assistance percentage of 62.5 percent or higher. If the
36federal medical assistance percentage is below 62.5 percent, the
37tribal share of cost shall be 25 percent of the nonfederal share.
38For nonfederally eligible costs, there shall be no tribal share unless
39the federal medical assistance percentage for federally eligible
P164 1cases is below 62.5 percent, in which case the tribal share for
2nonfederally eligible costs shall be 25 percent.
3(7) For monthly visitation of children placed in group homes,
4there shall be no tribal share.
5(8) For the support and care of former dependent children who
6have been made wards of related guardians, there shall be no
7tribal share of cost of the nonfederal share with an enhanced
8federal medical assistance percentage of 60.5 percent or higher.
9If the federal medical assistance percentage is below 60.5 percent,
10the tribal share shall be 21 percent of the nonfederal share. For
11nonfederally eligible costs, there shall be no tribal share unless
12the federal medical assistance percentage for federally eligible
13cases is below 60.5 percent, in which case the tribal share for
14nonfederally eligible costs shall be 21 percent. For nonfederally
15eligible administrative costs, the tribal share shall be 50 percent.
16(9) For the cost of extending aid pursuant to Section 11403 to
17eligible
nonminor dependents who have reached 18 years of age
18and who are under the jurisdiction of the tribal program, the tribal
19share shall be based on the sharing ratios set forth in paragraphs
20(1), (5), (6), and (8).
21(b)
end delete
22begin insert(c)end insert Notwithstanding any other law or regulation, for programs,
23services, or administrative costs provided pursuant to Section
2410553.1, but for which the sharing ratios are not specified in this
25section, the tribal share of costs shall be equal to the county
26statutory share of costs as set forth in statutory sharing ratios for
27each of these programs as in effect on June 30, 2011.
28(c)
end delete
29begin insert(d)end insert Notwithstanding any other law, for the purposes of this
30section, the nonfederal costs for programs, services, or
31administrative costs provided pursuant to Section 10553.1 shall
32be borne by the tribe, consortium of tribes, or tribal organization,
33and the state. However, in the event that an Indian child is
34transferred from the tribal program to the jurisdiction of the county,
35the costs for the child shall be borne by the county as for any other
36child under the county’s jurisdiction.
begin insertSection 11320.32 of the end insertbegin insertWelfare and Institutions Codeend insert
38begin insert is amended to read:end insert
(a) The department shall administer a voluntary
40Temporary Assistance Program (TAP) for current and future
P165 1CalWORKs recipients who meet the exemption criteria for work
2participation activities set forth in Section 11320.3, and are not
3single parents who have a child under the age of one year.
4Temporary Assistance Program recipients shall be entitled to the
5same assistance payments and other benefits as recipients under
6the CalWORKs program. The purpose of this program is to provide
7cash assistance and other benefits to eligible families without any
8federal restrictions or requirements and without any adverse impact
9on recipients. The Temporary Assistance Program shall commence
10no later than October 1,begin delete 2014.end deletebegin insert 2016.end insert
11(b) CalWORKs recipients who meet the exemption criteria for
12work participation activities set forth in subdivision (b) of Section
1311320.3, and are not single parents with a child under the age of
14one year, shall have the option of receiving grant payments, child
15care, and transportation services from the Temporary Assistance
16Program. The department shall notify all CalWORKs recipients
17and applicants meeting the exemption criteria specified in
18subdivision (b) of Section 11320.3, except for single parents with
19a child under the age of one year, of their option to receive benefits
20under the Temporary Assistance Program. Absent written
21indication that these recipients or applicants choose not to receive
22assistance from the Temporary Assistance Program, the department
23shall
enroll CalWORKs recipients and applicants into the program.
24However, exempt volunteers shall remain in the CalWORKs
25program unless they affirmatively indicate, in writing, their interest
26in enrolling in the Temporary Assistance Program. A Temporary
27Assistance Program recipient who no longer meets the exemption
28criteria set forth in Section 11320.3 shall be enrolled in the
29CalWORKs program.
30(c) Funding for grant payments, child care, transportation, and
31eligibility determination activities for families receiving benefits
32under the Temporary Assistance Program shall be funded with
33General Fund resources that do not count toward the state’s
34maintenance of effort requirements under clause (i) of subparagraph
35(B) of paragraph (7) of subdivision (a) of Section 609 of Title 42
36of the United States Code, up to the caseload level equivalent to
37the amount of funding provided for this purpose in the annual
38Budget Act.
39(d) It is the intent of the Legislature that recipients shall have
40and maintain access to the hardship exemption and the services
P166 1necessary to begin and increase participation in welfare-to-work
2activities, regardless of their county of origin, and that the number
3of recipients exempt under subdivision (b) of Section 11320.3 not
4significantly increase due to factors other than changes in caseload
5characteristics. All relevant state law applicable to CalWORKs
6recipients shall also apply to families funded under this section.
7begin delete Nothing in thisend deletebegin insert Thisend insert sectionbegin delete modifiesend deletebegin insert does not modifyend insert the criteria
8for exemption in Section 11320.3.
9(e) To the extent that this section is inconsistent with federal
10regulations regarding implementation of the Deficit Reduction Act
11of 2005, the department may amend the funding structure for
12exempt families to ensure consistency with these regulations, not
13later than 30 days after providing written notification to the chair
14of the Joint Legislative Budget Committee and the chairs of the
15appropriate policy and fiscal committees of the Legislature.
begin insertSection 11322.8 of the end insertbegin insertWelfare and Institutions Codeend insert
17begin insert is amended to read:end insert
(a) For a recipient required to participate in
19accordance with paragraph (1) of subdivision (a) of Section
2011322.85, unless the recipient is otherwise exempt, the following
21shall apply:
22(1) (A) An adult recipient in a one-parent assistance unit that
23does not include a child under six years of age shall participate in
24welfare-to-work activities forbegin insert an average of at leastend insert 30 hoursbegin delete each begin insert per week during the month.end insert
25week.end delete
26(B) An adult recipient in a one-parent assistance unit that
27includes a child under six years of age shall participate in
28welfare-to-work activities forbegin insert an average of at leastend insert 20 hoursbegin delete each begin insert per week during the month.end insert
29week.end delete
30(2) An adult recipient who is an unemployed parent, as defined
31in Section 11201, shall participatebegin delete inend deletebegin insert for an average ofend insert at least 35
32hours of welfare-to-work activitiesbegin delete each week.end deletebegin insert per week during
33the month.end insert However, both parents in a two-parent assistance unit
34may contribute to the 35 hours.
35(b) For a recipient required to participate in accordance with
36paragraph (3) of subdivision (a) of Section 11322.85, the following
37shall apply:
38(1) Unless otherwise exempt, an adult recipient in a one-parent
39assistance unit shall participate in welfare-to-work activities for
40begin insert an average of at leastend insert 30 hours perbegin delete week,end deletebegin insert week during the month,end insert
P167 1 subject to the special rules and limitations described in Section
2607(c)(1)(A) of Title 42 of the United States Code as ofbegin delete the
3operative date of this section, as provided in subdivision (c).end delete
4begin insert January 1, 2013.end insert
5(2) Unless otherwise exempt, an adult recipient in a one-parent
6assistance unit that includes a child under six years of age shall
7participate in welfare-to-work activities forbegin insert an average of at leastend insert
8 20 hoursbegin delete each week,end deletebegin insert per week during the month,end insert as described in
9Section 607(c)(2)(B) of Title 42 of the United States Code as of
10begin delete the operative date of this section, as provided in subdivision (c).end delete
11begin insert January 1, 2013.end insert
12(3) Unless otherwise exempt, an adult recipient who is an
13unemployed parent, as defined in Section 11201, shall participate
14in welfare-to-work activities forbegin insert an average of at leastend insert 35 hours
15perbegin delete week,end deletebegin insert week during the month,end insert subject to the special rules and
16limitations described in Section 607(c)(1)(B) of Title 42 of the
17United States Code as ofbegin delete the operative date of this section, as begin insert January 1, 2013.end insert
18provided in subdivision (c).end delete
19(c) This section shall become operative on January 1, 2013.
end delete
begin insertSection 11325.24 of the end insertbegin insertWelfare and Institutions Codeend insert
21begin insert is amended to read:end insert
(a) If, in the course of appraisal pursuant to Section
2311325.2 or at any point during an individual’s participation in
24welfare-to-work activities in accordance with paragraph (1) of
25subdivision (a) of Section 11322.85, it is determined that a recipient
26meets the criteria described in subdivision (b), the recipient shall
27be eligible to participate in family stabilization.
28(b) (1) A recipient shall be eligible to participate in family
29stabilization if the county determines that his or her family is
30experiencing an identified situation or crisis that is destabilizing
31the family and would interfere with participation in welfare-to-work
32activities and services.
33(2) A situation or a
crisis that is destabilizing the family in
34accordance with paragraph (1) may include, but shall not be limited
35to:
36(A) Homelessness or imminent risk of homelessness.
37(B) A lack of safety due to domestic violence.
38(C) Untreated or undertreated behavioral needs, including mental
39health or substance abuse-related needs.
P168 1(c) Family stabilization shall include intensive case management
2and services designed to support the family in overcoming the
3situation or crisis, which may include, but are not limited to,
4welfare-to-work activities.
5(d) Funds allocated for family stabilization in accordance with
6this section shall be in addition to, and independent of, the county
7allocations made pursuant
to Section 15204.2.
8(e) Funds allocated for family stabilization in accordance with
9this section, or the county allocations made pursuant to Section
1015204.2, may be used to provide housing and other needed services
11to a family during any month that a family is participating in family
12stabilization.
13(e)
end delete
14begin insert(f)end insert Each county shall submit to the department a plan, as defined
15by the department, regarding how it intends to implement the
16provisions of this section and shall report information to the
17department, including, but not limited to, the number of recipients
18served pursuant to this section, information regarding the services
19provided, outcomes for the families served, and any lack of
20availability of services. The department shall provide an update
21regarding this information to the Legislature during the 2014-15
22budget process.
23(f)
end delete
24begin insert(g)end insert begin delete This section shall become operative on January 1, 2014.end deletebegin insert It
25is the intent of the Legislature that family stabilization is a
26voluntary component intended to provide needed services and
27constructive interventions for parents and to assist in barrier
28removal for families facing very difficult needs. Participants in
29family stabilization are encouraged to participate, but the
30Legislature does not intend that parents be sanctioned as part of
31their experience in this program component. The Legislature
32further intends that recipients refusing or unable to follow their
33family stabilization plans without good cause be returned to the
34traditional welfare-to-work program.end insert
begin insertArticle 3.3 (commencing with Section 11330) is added
36to Chapter 2 of Part 3 of Division 9 of the end insertbegin insertWelfare and Institutions
37Codeend insertbegin insert, to read:end insert
The Legislature finds and declares all of the following:
4(a) Stable housing is a fundamental component of self-sufficiency
5and child well-being.
6(b) According to the National Alliance to End Homelessness,
7residential stability is a necessary precursor to effectively
8addressing barriers that inhibit self-sufficiency, and research is
9clear that children who lack safe and stable housing demonstrate
10worse academic and social outcomes.
11(c) Housing support in the CalWORKs program is minimal and
12families struggle to find and retain safe, affordable, and stable
13housing.
14(d) Expanding homeless and housing support in the CalWORKs
15program would help meet a critical need for families working to
16achieve self-sufficiency.
(a) A recipient shall be eligible to receive CalWORKs
18housing supports if the county determines that his or her family is
19experiencing homelessness or housing instability that would be a
20barrier to self-sufficieny or child well-being.
21(b) Notwithstanding subdivision (a), this section does not create
22an entitlement to housing supports, which are intended to be a
23service to CalWORKs families and not a form of assistance, to be
24provided to families at the discretion of the county.
25(c) It is the intent of the Legislature that housing supports
26provided pursuant to this article utilize evidence-based models,
27including those established in the federal Department of Housing
28and Urban
Development’s Homeless Prevention and Rapid
29Re-Housing Program. Supports provided may include, but shall
30not be limited to, all of the following:
31(1) Financial assistance, including rental assistance, security
32deposits, utility payments, moving cost assistance, and motel and
33hotel vouchers.
34(2) Housing stabilization and relocation, including outreach
35and engagement, landlord recruitment, case management, housing
36search and placement, legal services, and credit repair.
37(d) The asset limit threshold specified in subdivision (f) of
38Section 11450 shall not be used to determine a family’s eligibility
39for receipt of housing supports provided pursuant to this article.
P170 1(e) Funds appropriated for purposes of this article shall be
2allocated to participating
counties by the State Department of
3Social Services according to an allocation methodology developed
4by the department in consultation with the County Welfare
5Directors Association.
6(f) The department, in consultation with the County Welfare
7Directors Association and other stakeholders, shall develop each
8of the following:
9(1) The criteria by which counties may opt to participate in
10providing housing supports to eligible CalWORKs recipients
11pursuant to this article.
12(2) The proportion of funding to be expended on reasonable
13and appropriate administrative activities to minimize overhead
14and maximize services.
15(3) Tracking and reporting procedures.
16(g) The department, in consultation with
appropriate legislative
17staff and the County Welfare Directors Association, shall
18determine, in a manner that reflects the legislative intent for the
19use of these funds and that is most beneficial to the overall
20CalWORKs program, whether housing supports provided with
21this funding are considered to be assistance or nonassistance
22payments.
begin insertSection 11402.4 of the end insertbegin insertWelfare and Institutions Codeend insert
24begin insert is amended to read:end insert
(a) Subject to the conditions set forth in subdivisions
26(b) and (c), and notwithstanding any other provision of law, with
27respect to an approved home of a relative or nonrelative extended
28family member for which an annual visit to ensure the quality of
29care provided is pending, the relative or nonrelative extended
30family member home’s approval shall remain in full force and
31effect. Payment to the relative or nonrelative extended family
32member provider shall not be delayed or terminated solely due to
33late completion of the annual visit to ensure the quality of care
34provided.
35(b) The frequency of required visits to ensure the quality of care
36provided shall not be less than the frequency of visits for licensed
37foster family homes as specified inbegin delete paragraph (1) of subdivision Section 1534 of the Health and Safety Code. If late
38(a) ofend delete
39completion of an annual visit occurs, under no circumstances shall
P171 1the county visit an approved home of a relative or nonrelative
2extended family member less than once every 24 months.
3(c) The frequency of required visits to ensure the quality of care
4provided shall be subject to state plan approval.
begin insertSection 11450.025 of the end insertbegin insertWelfare and Institutions
6Codeend insertbegin insert is amended to read:end insert
(a) begin insert (1)end insertbegin insert end insert Notwithstanding any other law, effective
8on March 1, 2014, the maximum aid payments in effect on July
91, 2012, as specified in subdivision (b) of Section 11450.02, shall
10be increased by 5 percent.
11(2) Effective April 1, 2015, the maximum aid payments in effect
12on July 1, 2014, as specified in paragraph (1), shall be increased
13by 5 percent.
14(b) Commencing in 2014 and annually thereafter, on or before
15January 10 and on or before May 14, the Director of Finance shall
16do all of the following:
17(1) Estimate the amount of growth revenues pursuant to
18subdivision (f) of Section 17606.10 that will be deposited in the
19Child Poverty and Family Supplemental Support Subaccount of
20the Local Revenue Fund for the current fiscal year and the
21following fiscal year and the amounts in the subaccount carried
22over from prior fiscal years.
23(2) For the current fiscal year and the following fiscal year,
24determine the total cost of providing thebegin delete increaseend deletebegin insert increasesend insert
25 described in subdivision (a), as well as any other increase in the
26maximum aid payments subsequently provided only under this
27section, after adjusting for updated projections of CalWORKs
28costs associated with caseload changes, as reflected in the local
29assistance subvention estimates prepared by the State Department
30of Social Services and released with the annual Governor’s Budget
31 and subsequent May Revision update.
32(3) If the amount estimated in paragraph (1) plus the amount
33projected to be deposited for the current fiscal year into the Child
34Poverty and Family Supplemental Support Subaccount pursuant
35to subparagraph (3) of subdivision (e) of Section 17600.15 is
36greater than the amount determined in paragraph (2), the difference
37shall be used to calculate the
percentage increase to the CalWORKs
38maximum aid payment standards that could be fully funded on an
39ongoing basis beginning the following fiscal year.
P172 1(4) If the amount estimated in paragraph (1) plus the amount
2projected to be deposited for the current fiscal year into the Child
3Poverty and Family Supplemental Support Subaccount pursuant
4to subparagraph (3) of subdivision (e) of Section 17600.15 is equal
5to or less than the amount determined in paragraph (2), no
6additional increase to the CalWORKs maximum aid payment
7standards shall be provided in the following fiscal year in
8accordance with this section.
9(5) (A) Commencing with the 2014-15 fiscal year and for all
10fiscal years thereafter, if changes to the estimated amounts
11determined in paragraphs (1) or (2), or both, as of the May
12Revision, are enacted as part of the final budget, the Director of
13Finance
shall repeat, using the same methodology used in the May
14Revision, the calculations described in paragraphs (3) and (4) using
15the revenue projections and grant costs assumed in the enacted
16budget.
17(B) If a calculation is required pursuant to subparagraph (A),
18the Department of Finance shall report the result of this calculation
19to the appropriate policy and fiscal committees of the Legislature
20upon enactment of the Budget Act.
21(c) An increase in maximum aid payments calculated pursuant
22to paragraph (3) of subdivision (b), or pursuant to paragraph (5)
23of subdivision (b) if applicable, shall become effective on October
241 of the following fiscal year.
25(d) (1) An increase in maximum aid payments provided in
26accordance with this section shall be funded with growth revenues
27from the Child Poverty and
Family Supplemental Support
28Subaccount in accordance with paragraph (3) of subdivision (e)
29of Section 17600.15 and subdivision (f) of Section 17606.10, to
30the extent funds are available in that subaccount.
31(2) If funds received by the Child Poverty and Family
32Supplemental Support Subaccount in a particular fiscal year are
33insufficient to fully fund any increases to maximum aid payments
34made pursuant to this section, the remaining cost for that fiscal
35year will be addressed through existing provisional authority
36included in the annual Budget Act. Additional grant increases shall
37not be provided until and unless the ongoing cumulative costs of
38all prior grant increases provided pursuant to this section are fully
39funded by the Child Poverty and Family Supplemental Support
40Subaccount.
P173 1(e) Notwithstanding Section 15200, counties shall not be
2required to contribute a share ofbegin delete costend deletebegin insert the costsend insert to cover thebegin delete costs increases to maximum aid payments made pursuant to this
3ofend delete
4section.
begin insertSection 11460 of the end insertbegin insertWelfare and Institutions Codeend insert
6begin insert is amended to read:end insert
(a) Foster care providers shall be paid a per child per
8month rate in return for the care and supervision of the AFDC-FC
9child placed with them. The department is designated the single
10organizational unit whose duty it shall be to administer a state
11system for establishing rates in the AFDC-FC program. State
12functions shall be performed by the department or by delegation
13of the department to county welfare departments or Indian tribes,
14consortia of tribes, or tribal organizations that have entered into
15an agreement pursuant to Section 10553.1.
16(b) “Care and supervision” includes food, clothing, shelter, daily
17supervision, school supplies, a child’s personal incidentals, liability
18insurance with respect to a child, reasonable travel to the child’s
19home for
visitation, and reasonable travel for the child to remain
20in the school in which he or she is enrolled at the time of
21placement. Reimbursement for the costs of educational travel, as
22provided for in this subdivision, shall be made pursuant to
23procedures determined by the department, in consultation with
24representatives of county welfare and probation directors, and
25additional stakeholders, as appropriate.
26(1) For a child placed in a group home, care and supervision
27shall also include reasonable administration and operational
28activities necessary to provide the items listed in this subdivision.
29(2) For a child placed in a group home, care and supervision
30may also include reasonable activities performed by social workers
31employed by the group home provider which are not otherwise
32considered daily supervision or administration activities.
33(c) It is the intent of the Legislature to establish the maximum
34level of state participation in out-of-state foster care group home
35program rates effective January 1, 1992.
36(1) The department shall develop regulations that establish the
37method for determining the level of state participation for each
38out-of-state group home program. The department shall consider
39all of the following methods:
P174 1(A) A standardized system based on the level of care and
2services per child per month as detailed in Section 11462.
3(B) A system which considers the actual allowable and
4reasonable costs of care and supervision incurred by the program.
5(C) A system which considers the rate established by the host
6state.
7(D) Any other appropriate methods as determined by the
8department.
9(2) State reimbursement for the AFDC-FC group home rate to
10be paid to an out-of-state program on or after January 1, 1992,
11shall only be paid to programs which have done both of the
12following:
13(A) Submitted a rate application to the department and received
14a determination of the level of state participation.
15(i) The level of state participation shall not exceed the current
16fiscal year’s standard rate for rate classification level 14.
17(ii) The level of state participation shall not exceed the rate
18determined by the ratesetting authority of the state in which the
19facility is located.
20(iii) The level of state participation shall not decrease for any
21child placed prior to January 1, 1992, who continues to be placed
22in the same out-of-state group home program.
23(B) Agreed to comply with information requests, and program
24and fiscal audits as determined necessary by the department.
25(3) State reimbursement for an AFDC-FC rate paid on or after
26January 1, 1993, shall only be paid to a group home organized and
27operated on a nonprofit basis.
28(d) A foster care provider that accepts payments, following the
29effective date of this section, based on a rate established under this
30section, shall not receive rate increases or retroactive payments as
31the result of litigation challenging rates established prior to the
32effective date of this section. This
shall apply regardless of whether
33a provider is a party to the litigation or a member of a class covered
34by the litigation.
35(e) Nothing shall preclude a county from using a portion of its
36county funds to increase rates paid to family homes and foster
37family agencies within that county, and to make payments for
38specialized care increments, clothing allowances, or infant
39supplements to homes within that county, solely at that county’s
40expense.
P175 1(f) Nothing shall preclude a county from providing a
2supplemental rate to serve commercially sexually exploited foster
3children to provide for the additional care and supervision needs
4of these children. To the extent that federal financial participation
5is available, it is the intent of the Legislature that the federal
6funding shall be utilized.
begin insertSection 11461.3 is added to the end insertbegin insertWelfare and
8Institutions Codeend insertbegin insert, to read:end insert
(a) The Approved Relative Caregiver Funding Option
10Program is hereby established for the purpose of making the
11amount paid to approved relative caregivers for the in-home care
12of children placed with them who are ineligible for AFDC-FC
13payments equal to the amount paid on behalf of children who are
14eligible for AFDC-FC payments. This is an optional program for
15counties choosing to participate, and in so doing, participating
16counties agree to the terms of this section as a condition of their
17participation. It is the intent of the Legislature that the funding
18described in paragraph (1) of subdivision (e) for the Approved
19Relative Caregiver Funding Option Program be appropriated,
20and available for use from January through December of each
21year, unless otherwise specified.
22(b) Subject to subdivision (c), effective January 1, 2015, counties
23shall pay an approved relative caregiver a per child per month
24rate in return for the care and supervision, as defined in
25subdivision (b) of Section 11460, of a child that is placed with the
26relative caregiver that is equal to the basic rate paid to foster care
27providers pursuant to subdivision (g) of Section 11461, if both of
28the following conditions are met:
29(1) The county with payment responsibility has notified the
30department in writing by October 1 of the year before participation
31begins of its decision to participate in the Approved Relative
32Caregiver Funding Option Program.
33(2) The related child placed in the home meets all of the
34following requirements:
35(A) The child resides in the State of California.
36(B) The child is described by subdivision (b), (c), or (e) of
37Section 11401 and is not eligible for AFDC-FC pursuant to
38subdivision (a) of Section 11404.
P176 1(C) The child is not eligible for AFDC-FC while placed with
2the approved relative caregiver because the child is not eligible
3for federal financial participation in the AFDC-FC payment.
4(c) A county’s election to participate in the Approved Relative
5Caregiver Funding Option Program shall affirmatively indicate
6that the county understands and agrees to all of the following
7conditions:
8(1) Commencing October 1, 2014, the county shall notify the
9department in writing of its decision to participate in the Approved
10Relative Caregiver Funding Option Program. Failure to make
11timely
notification, without good cause as determined by the
12department, shall preclude the county from participating in the
13program for the upcoming year. Annually thereafter, any county
14not presently participating who elects to do so shall notify the
15department in writing no later than October 1 of its decision to
16participate for the upcoming calendar year.
17(2) The county shall confirm that it will make per child per
18month payments to all approved relative caregivers on behalf of
19eligible children in the amount specified in subdivision (b) for the
20duration of the participation of the county in this program.
21(3) The county shall confirm that it will be solely responsible
22to pay any additional costs needed to make all payments pursuant
23to subdivision (b) if the state and federal funds allocated to the
24Approved Relative Caregiver Funding Option Program pursuant
25to paragraph (1) of
subdivision (e) are insufficient to make all
26eligible payments.
27(d) (1) A county deciding to opt out of the Approved Relative
28Caregiver Funding Option Program shall provide at least 120
29days’ prior written notice of that decision to the department.
30Additionally, the county shall provide at least 90 days’ prior
31written notice to the approved relative caregiver or caregivers
32informing them that his or her per child per month payment will
33be reduced and the date that the reduction will occur.
34(2) The department shall presume all counties have opted out
35of the Approved Relative Caregiver Funding Option Program if
36the funding appropriated in subclause (II) of clause (i) of
37subparagraph (B) of paragraph (1) of subdivision (e), including
38any additional funds appropriated pursuant to clause (ii) of
39subparagraph (B) of paragraph (1) of subdivision (e), is reduced,
40unless a county notifies
the department in writing of its intent to
P177 1opt in within 60 days of enactment of the state budget. The counties
2shall provide at least 90 days’ prior written notice to the approved
3relative caregiver or caregivers informing them that his or her per
4child per month payment will be reduced, and the date that the
5reduction will occur.
6(3) Any reduction in payments received by an approved relative
7caregiver on behalf of a child under this section that results from
8a decision by a county, including the presumed opt-out pursuant
9to paragraph (2), to not participate in the Approved Relative
10Caregiver Funding Option Program shall be exempt from state
11hearing jurisdiction under Section 10950.
12(e) (1) The following funding shall be used for the Approved
13Relative Caregiver Funding Option Program:
14(A) The applicable regional
per-child CalWORKs grant from
15federal funds received as part of the TANF block grant program.
16(B) (i) General Fund resources that do not count toward the
17state’s maintenance of effort requirements under Section
18609(a)(7)(B)(i) of Title 42 of the United States Code. For this
19purpose, the following money is hereby appropriated:
20(I) The sum of thirty million dollars ($30,000,000) from the
21General Fund for the period January 1, 2015 through December
2231, 2015.
23(II) The sum of thirty million dollars ($30,000,000) from the
24General Fund in each calendar year thereafter, as cumulatively
25adjusted annually by the California Necessities Index used for
26each May Revision of the Governor’s Budget, to be used in each
27respective calendar year.
28(ii) To the extent that the appropriation made in subclause (I)
29is insufficient to fully fund the base caseload of approved relative
30caregivers as of July 1, 2014, for the period of time described in
31subclause (I), as jointly determined by the department and the
32County Welfare Directors’ Association and approved by the
33Department of Finance on or before October 1, 2015, the amounts
34specified in subclauses (I) and (II) shall be increased in the
35respective amounts necessary to fully fund that base caseload.
36Thereafter, the adjusted amount of subclause (II), and the other
37terms of that provision, including an annual California Necessities
38Index adjustment to its amount, shall apply.
39(C) County funds only to the extent required under paragraph
40(3) of subdivision (c).
P178 1(D) This section is intended to appropriate the funding necessary
2to fully fund the base caseload of
approved relative caregivers,
3defined as the number of approved relative caregivers caring for
4a child who is not eligible to receive AFDC-FC payments, as of
5July 1, 2014.
6(2) Funds available pursuant to subparagraphs (A) and (B) of
7paragraph (1) shall be allocated to participating counties
8proportionate to the number of their approved relative caregiver
9placements, using a methodology and timing developed by the
10department, following consultation with county human services
11agencies and their representatives.
12(3) Notwithstanding subdivision (c), if in any calendar year the
13entire amount of funding appropriated by the state for the Approved
14Relative Caregiver Funding Option Program has not been fully
15allocated to or utilized by counties, a county that has paid any
16funds pursuant to subparagraph (C) of paragraph (1) of
17subdivision (e) may request reimbursement for those funds
from
18the department. The authority of the department to approve the
19requests shall be limited by the amount of available unallocated
20funds.
21(f) An approved relative caregiver receiving payments on behalf
22of a child pursuant to this section shall not be eligible to receive
23additional CalWORKs payments on behalf of the same child under
24Section 11450.
25(g) To the extent permitted by federal law, payments received
26by the approved relative caregiver from the Approved Relative
27Caregiver Funding Option Program shall not be considered income
28for the purpose of determining other public benefits.
29(h) Prior to referral of any individual or recipient, or that
30person’s case, to the local child support agency for child support
31services pursuant to Section 17415 of the Family Code, the county
32human services agency shall determine if
an applicant or recipient
33has good cause for noncooperation, as set forth in Section
3411477.04. If the applicant or recipient claims good cause exception
35at any subsequent time to the county human services agency or
36the local child support agency, the local child support agency shall
37suspend child support services until the county social services
38agency determines the good cause claim, as set forth in Section
3911477.04. If good cause is determined to exist, the local child
40support agency shall suspend child support services until the
P179 1applicant or recipient requests their resumption, and shall take
2other measures that are necessary to protect the applicant or
3recipient and the children. If the applicant or recipient is the parent
4of the child for whom aid is sought and the parent is found to have
5not cooperated without good cause as provided in Section
611477.04, the applicant’s or recipient’s family grant shall be
7reduced by 25 percent for the time the failure to cooperate lasts.
8(i) Consistent with Section 17552 of the Family Code, if aid is
9paid under this chapter on behalf of a child who is under the
10jurisdiction of the juvenile court and whose parent or guardian is
11receiving reunification services, the county human services agency
12shall determine, prior to referral of the case to the local child
13support agency for child support services, whether the referral is
14in the best interest of the child, taking into account both of the
15following:
16(1) Whether the payment of support by the parent will pose a
17barrier to the proposed reunification in that the payment of support
18will compromise the parent’s ability to meet the requirements of
19the parent’s reunification plan.
20(2) Whether the payment of support by the parent will pose a
21barrier to the proposed reunification in that the payment of support
22
will compromise the parent’s current or future ability to meet the
23financial needs of the child.
begin insertSection 11477 of the end insertbegin insertWelfare and Institutions Codeend insert
25begin insert is amended to read:end insert
As a condition of eligibility for aid paid under this
27chapter, each applicant or recipient shall do all of the following:
28(a) (1) Do either of the following:
29(i) For applications received before October 1, 2009, assign to
30the county any rights to support from any other person the applicant
31or recipient may have on his or her own behalf or on behalf of any
32other family member for whom the applicant or recipient is
33applying for or receiving aid, not exceeding the total amount of
34cash assistance provided to the family under this chapter. Receipt
35of public assistance under this chapter shall operate as an
36assignment by operation of law. An assignment of support
rights
37to the county shall also constitute an assignment to the state. If
38support rights are assigned pursuant to this subdivision, the
39assignee may become an assignee of record by the local child
40support agency or other public official filing with the court clerk
P180 1an affidavit showing that an assignment has been made or that
2there has been an assignment by operation of law. This procedure
3does not limit any other means by which the assignee may become
4an assignee of record.
5(ii) For applications received on or after October 1, 2009, assign
6to the county any rights to support from any other person the
7applicant or recipient may have on his or her own behalf, or on
8behalf of any other family member for whom the applicant or
9recipient is applying for or receiving aid. The assignment shall
10apply only to support that accrues during the period of time that
11the applicant is receiving assistance under this chapter, and shall
12not exceed the total amount
of cash assistance provided to the
13family under this chapter. Receipt of public assistance under this
14chapter shall operate as an assignment by operation of law. An
15assignment of support rights to the county shall also constitute an
16assignment to the state. If support rights are assigned pursuant to
17this subdivision, the assignee may become an assignee of record
18by the local child support agency or other public official filing
19with the court clerk an affidavit showing that an assignment has
20been made or that there has been an assignment by operation of
21law. This procedure does not limit any other means by which the
22assignee may become an assignee of record.
23(2) Support that has been assigned pursuant to paragraph (1)
24and that accrues while the family is receiving aid under this chapter
25shall be permanently assigned until the entire amount of aid paid
26has been reimbursed.
27(3) If
the federal government does not permit states to adopt the
28same order of distribution for preassistance and postassistance
29child support arrears that are assigned on or after October 1, 1998,
30support arrears that accrue before the family receives aid under
31this chapter that are assigned pursuant to this subdivision shall be
32assigned as follows:
33(A) Child support assigned prior to January 1, 1998, shall be
34permanently assigned until aid is no longer received and the entire
35amount of aid has been reimbursed.
36(B) Child support assigned on or after January 1, 1998, but prior
37to October 1, 2000, shall be temporarily assigned until aid under
38this chapter is no longer received and the entire amount of aid paid
39has been reimbursed or until October 1, 2000, whichever comes
40first.
P181 1(C) On or after October 1, 2000, support
assigned pursuant to
2this subdivision that was not otherwise permanently assigned shall
3be temporarily assigned to the county until aid is no longer
4received.
5(D) On or after October 1, 2000, support that was temporarily
6assigned pursuant to this subdivision shall, when a payment is
7received from the federal tax intercept program, be temporarily
8assigned until the entire amount of aid paid has been reimbursed.
9(4) If the federal government permits states to adopt the same
10order of distribution for preassistance and postassistance child
11support arrears, child support arrears shall be assigned, as follows:
12(A) Child support assigned pursuant to this subdivision prior
13to October 1, 1998, shall be assigned until aid under this chapter
14is no longer received and the entire amount has been reimbursed.
15(B) On or after October 1, 1998, child support assigned pursuant
16to this subdivision that accrued before the family receives aid under
17this chapter and that was not otherwise permanently assigned, shall
18be temporarily assigned until aid under this chapter is no longer
19received.
20(C) On or after October 1, 1998, support that was temporarily
21assigned pursuant to this subdivision shall, when a payment is
22received from the federal tax intercept program, be temporarily
23assigned until the entire amount of aid paid has been reimbursed.
24(b) (1) Cooperate with the county welfare department and local
25child support agency in establishing the paternity of a child of the
26applicant or recipient born out of wedlock with respect to whom
27aid is claimed, and in establishing, modifying, or enforcing a
28support order
with respect to a child of the individual for whom
29aid is requested or obtained, unless the applicant or recipient
30qualifies for a good cause exceptionbegin delete as provided inend deletebegin insert pursuant toend insert
31 Section 11477.04. The granting of aid shall not be delayed or
32denied if the applicant is otherwise eligible, if the applicant
33completes the necessary forms and agrees to cooperate with the
34local child support agency in securing support and determining
35paternity,begin delete whereend deletebegin insert ifend insert applicable. The local child support agency shall
36have staff available, in person or by telephone, at all county welfare
37offices and shall conduct an interview with each applicant to obtain
38information necessary to establish paternity and establish, modify,
39or enforce a support order at the time of the initial interview with
40the welfare office. The local child support agency shall make the
P182 1determination of cooperation. If the applicant or recipient attests
2under penalty of perjury that he or she cannot provide the
3information required by this subdivision, the local child support
4agency shall make a finding regarding whether the individual could
5reasonably be expected to provide thebegin delete information,end deletebegin insert informationend insert
6 before the local child support agency determines whether the
7individual is cooperating. In making the finding, the local child
8support agency shall consider all of the following:
9(A) The age of the child for whom support is sought.
10(B) The circumstances surrounding the conception of the child.
11(C) The age or mental capacity of the parent or caretaker of the
12child for whom aid is being sought.
13(D) The time that has elapsed since the parent or caretaker last
14had contact with the alleged father or obligor.
15(2) Cooperation includesbegin insert all ofend insert the following:
16(A) Providing the name of the alleged parent or obligor and
17other information about that person if known to the applicant or
18recipient, such as address, social security number, telephone
19number, place of employment or school, and the names and
20addresses of relatives or associates.
21(B) Appearing at interviews, hearings, and legal proceedings
22provided the applicant or recipient is provided with reasonable
23advance notice of the interview, hearing, or legal proceeding and
24does not have good cause not to appear.
25(C) If paternity is at issue, submitting to genetic tests, including
26genetic testing of the child, if necessary.
27(D) Providing any additional information known to or reasonably
28obtainable by the applicant or recipient necessary to establish
29paternity or to establish, modify, or enforce a child support order.
30(3) A recipient or applicant shall not be required to sign a
31voluntary declaration of paternity, as set forth in Chapter 3
32(commencing with Section 7570) of Part 2 of Division 12 of the
33Family Code, as a condition of cooperation.
34(c) This section shall not apply if all of the adults are excluded
35from the assistance unit pursuant to Section 11251.3, 11454, or
3611486.5.
37(d) It
is the intent of the Legislature that the regular receipt of
38child support in the preceding reporting period be considered in
39determining reasonably anticipated income for the following
40reporting period.
begin insertChapter 5.2 (commencing with Section 16524.6) is
2added to Part 4 of Division 9 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert,
3to read:end insert
4
The Legislature finds and declares that in order to
9adequately serve children who have been sexually exploited, it is
10necessary that counties develop and utilize a multidisciplinary
11team approach to case management, service planning, and
12provision of services, and that counties develop and utilize
13interagency protocols to ensure services are provided as needed
14to this population.
(a) (1) There is hereby established the Commercially
16Sexually Exploited Children Program. This program shall be
17administered by the State Department of Social Services.
18(2) The department, in consultation with the County Welfare
19Directors Association of California, shall develop an allocation
20methodology to distribute funding for the program. Funds allocated
21pursuant to this section shall be utilized to cover expenditures
22related to the costs of implementing the program, prevention and
23intervention services, and training related to children who are
24victims of commercial sexual exploitation.
25(3) (A) Funds shall be provided to counties
that elect to
26participate in the program for the provision of training to county
27children’s services workers to identify, intervene, and provide case
28management services to children who are victims of commercial
29sexual exploitation and trafficking, and to foster caregivers for
30the prevention and identification of potential victims.
31(B) The department shall contract to provide training for county
32workers and foster caregivers. Training shall be selected and
33contracted for in consultation with the County Welfare Directors
34Association, county children’s services representatives, and other
35stakeholders. The department shall consult and collaborate with
36the California Community Colleges Chancellor’s Office to provide
37training for foster parents of licensed foster family homes.
38(4) Funds provided to the counties electing to participate in the
39program shall be used for prevention
activities, intervention
40activities, and services to children who are victims, or at risk of
P184 1becoming victims, of commercial sexual exploitation. These
2activities and services may include, but are not limited to, all of
3the following:
4(A) Training foster children to help recognize and help avoid
5commercial sexual exploitation. Counties may target training
6activities to foster children who are at higher risk of sexual
7exploitation.
8(B) Engaging survivors of commercial sexual exploitation to:
9(i) provide support to county staff who serve children who are
10victims of commercial sexual exploitation; (ii) for activities that
11may include training and technical assistance; and (iii) to serve
12as advocates for and perform outreach and support to children
13who are victims of commercial sexual exploitation.
14(C) Consulting and
coordinating with homeless youth shelters
15and other service providers who work with children who are
16disproportionately at risk of, or involved in, commercial sexual
17exploitation, including, but not limited to, lesbian, gay, bisexual,
18and transgender youth organizations, regarding outreach and
19support to children who are victims of commercial sexual
20exploitation.
21(D) Hiring county staff trained and specialized to work with
22children who are victims of commercial sexual exploitation to
23support victims and their caregivers, and to provide case
24management to support interagency and cross-departmental
25response.
26(E) Providing supplemental foster care rates for placement of
27child victims of commercial sexual exploitation adjudged to be
28within the definition of Section 300 to be paid to foster homes,
29relatives, foster family agency certified homes, or other specialized
30placements to
provide for the increased care and supervision needs
31of the victim in accordance with Section 11460.
32(b) Funds allocated for the program shall not supplant funds
33for existing programs.
34(c) (1) In order to ensure timely access to services to which
35commercially sexually exploited children are entitled to as
36dependents in foster care, in participating counties, county agency
37representatives from mental health, probation, public health, and
38substance abuse disorders shall participate in the case planning
39and assist in linking commercially sexually exploited children to
40services that serve children who are in the child welfare system
P185 1and that are identified in the child’s case plan and may include
2other stakeholders as determined by the county.
3(2) The entities described in paragraph (1) shall
provide input
4to the child welfare services agency regarding the services and
5supports needed for children to support treatment needs and aid
6in their recovery and may assist in linking these children to services
7that are consistent with their county plans submitted to the
8department pursuant to subdivision (d).
9(d) (1) A county electing to receive funding from the
10Commercially Sexually Exploited Children Program pursuant to
11this chapter shall submit a plan describing how the county intends
12to utilize the funds allocated pursuant to paragraph (4) of
13subdivision (a).
14(2) The county shall submit a plan to the department pursuant
15to a process developed by the department, in consultation with the
16County Welfare Directors Association. The plan shall include
17documentation indicating the county’s collaboration with county
18partner agencies and children-focused
entities, which shall include
19the formation of a multidisciplinary team to serve children pursuant
20to this chapter.
21A multidisciplinary team serving a child pursuant to this chapter
22shall include, but is not limited to, appropriate staff from the county
23child welfare, probation, mental health, substance abuse disorder,
24and public health departments. Staff from a local provider of
25services to this population, local education agencies, and local
26law enforcement, and survivors of commercial sexual exploitation
27and trafficking may be included on the team.
(a) Each county electing to receive funds from the
29Commercially Sexually Exploited Children Program pursuant to
30this chapter shall develop an interagency protocol to be utilized
31in serving sexually exploited children. The county protocol shall
32be developed by a team led by a representative of the county human
33services department and shall include representatives from each
34of the following agencies:
35(1) The county probation department.
36(2) The county mental health department.
37(3) The county public health department.
38(4) The juvenile court in the county.
39The team may include, but shall not be limited to, representatives
40from local education agencies, local law enforcement, survivors
P186 1of sexual exploitation and trafficking, and other providers as
2necessary.
3(b) At a minimum the interagency protocol shall address the
4provision of services to children who have been sexually exploited
5and are within the definition of Section 300, including, but not
6limited to, the use of a multidisciplinary team approach to provide
7coordinated case management, service planning, and services to
8children.
The State Department of Social Services, in
10consultation with the County Welfare Directors Association, shall
11ensure that the Child Welfare Services/Case Management System
12is capable of collecting data concerning children who are
13commercially sexually exploited, including children who are
14referred to the child abuse hotline, children currently served by
15county child welfare and probation departments who are
16subsequently identified as victims of commercial sexual
17exploitation.
18(a) The department shall disseminate any necessary instructions
19on data entry to the county child welfare and probation department
20staff.
21(b) The department shall implement this section no later than
22June 1,
2015.
The State Department of Social Services, no later
24than April 1, 2017, shall provide the following information to the
25Legislature regarding the implementation of this chapter:
26(a) The participating counties.
27(b) The number of victims served by each county.
28(c) The types of services provided.
29(d) Innovative strategies relating to collaboration with children,
30child service providers, and survivors of commercial sexual
31exploitation regarding prevention, training, and services.
32(e) The identification of further
barriers and challenges to
33preventing and serving commercially sexually exploited children.
This chapter shall become operative on January 1,
352015.
begin insertSection 18901.2 of the end insertbegin insertWelfare and Institutions Codeend insert
37begin insert is amended to read:end insert
(a) It is the intent of the Legislature to create a
39program in California that provides a nominal Low-Income Home
40Energy Assistance Program (LIHEAP) service benefit, through
P187 1the LIHEAP block grant, to all recipient households of CalFresh
2so that they are made aware of services available under LIHEAP
3and so that some households may experience an increase in federal
4Supplemental Nutrition Assistance Program benefits, as well as
5benefit from paperwork reduction.
6(b) To the extent permitted by federal law, the State Department
7of Social Services (DSS) shall, in conjunction with the Department
8of Community Services and Development (CSD), design,
9implement, and maintain a utility assistance initiative: the “Heat
10and Eat” program.
11(1) The nominal LIHEAP service benefit shall be funded through
12the LIHEAP block grant allocated for outreach activities in
13accordance with state and federal requirements, and shall be
14provided by the CSD to the DSS after receipt by the CSD of the
15LIHEAP block grant funds from the federal funding authorities.
16(2) The total amount transferred shall be the product of the
17nominal LIHEAP service benefit established by the CSD in the
18LIHEAP state plan multiplied by the number of CalFresh recipient
19households as agreed upon annually by the CSD and the DSS.
20(3) The total amount transferred shall be reduced by any
21unexpended or reinvested amounts remaining from prior transfers
22for the nominal LIHEAP service benefits as provided in
23subparagraph (C) of paragraph (1) of subdivision (c).
24(c) In implementing and maintaining the utility assistance
25initiative, the State Department of Social Services shall do all of
26the following:
27(1) (A) Grant recipient households of CalFresh benefits pursuant
28to this chapter a nominal LIHEAP service benefit out of the federal
29LIHEAP block grant (42 U.S.C. Sec. 8621 et seq.).
30(B) In establishing the nominal LIHEAP service benefit amount,
31the department shall take into consideration that the benefit level
32need not provide significant utility assistance.
33(C) Any funds allocated for this purpose not expended by
34CalFresh recipient households shall be recouped through the “Heat
35and Eat” program and reinvested into the program on an annual
36begin delete basisend deletebegin insert basis,end insert as determined by both departments.
37(2) Provide the nominal LIHEAP service benefit without
38requiring the applicant or recipient to provide additional paperwork
39or verification.
P188 1(3) To the extent permitted by federal law and to the extent
2federal funds are available, provide the nominal LIHEAP service
3benefit annually to each recipient of CalFresh benefits.
4(4) (A) Deliver the nominal LIHEAP service benefit using the
5Electronic Benefit Transfer (EBT) system or other nonpaper
6delivery system.
7(B) Notification of a recipient’s impending EBT dormant
8account status
shall not be required when the remaining balance
9in a recipient’s account at the time the account becomes inactive
10is ninety-nine cents ($0.99) or less of LIHEAP service benefits.
11(5) Ensure that receipt of the nominal LIHEAP service benefit
12pursuant to this section shall not adversely affect a CalFresh
13recipient household’s eligibility, reduce a household’s CalFresh
14benefits, or disqualify the applicant or recipient of CalFresh
15benefits from receiving other nominal LIHEAP service benefits
16or other utility benefits for which they may qualify.
17(d) Recipients of the nominal LIHEAP service benefit pursuant
18to this section shall remain subject to the additional eligibility
19requirements for LIHEAP assistance as outlined in the California
20LIHEAP statebegin delete plan,end deletebegin insert plan that isend insert developed by the CSD.
21(e) (1) To the extent permitted by federal law, a CalFresh
22household receiving or anticipating receipt of nominal LIHEAP
23service benefits pursuant to the utility assistance initiative or any
24other law shall be entitled to use the full standard utility allowance
25(SUA) for the purposes of calculating CalFresh benefits. A
26CalFresh household shall be entitled to use the full SUA regardless
27of whether the nominal LIHEAP service benefit is actually
28redeemed.
29(2) If use of the full SUA, instead of the homeless shelter
30deduction, results in a lower amount of CalFresh benefits for a
31homeless household, the homeless household shall be entitled to
32use the homeless
shelter deduction instead of the full SUA.
33(f) begin delete The departmentend deletebegin insert This sectionend insert shallbegin delete implement the initiative begin insert become inoperative on July 1, 2014, and, as ofend insert January 1,
34byend deletebegin delete 2013.end delete
35begin insert 2015, is repealed, unless a later enacted statute, that becomes
36operative on or before January 1, 2015, deletes or extends the
37dates on which it becomes inoperative and is repealed.end insert
begin insertSection 18901.2 is added to the end insertbegin insertWelfare and
39Institutions Codeend insertbegin insert, to read:end insert
(a) There is hereby created the State Utility
2Assistance Subsidy (SUAS), a state-funded energy assistance
3program that shall provide energy assistance benefits to eligible
4CalFresh households so that the households may receive a
5standard utility allowance to be used to help meet its energy costs,
6receive information about energy efficiency, and so that some
7households may experience an increase in federal Supplemental
8Nutrition Assistance Program benefits, as well as benefit from
9paperwork reduction.
10(b) To the extent required by federal law, the Department of
11Community Services and Development shall delegate authority to
12the State Department of Social Services to design, implement, and
13maintain SUAS as a program created exclusively for
purposes of
14this section, similar to the federal Low-Income Home Energy
15Assistance Program (LIHEAP) (42 U.S.C. Sec. 8621 et seq.).
16(c) In designing, implementing, and maintaining the SUAS
17program, the State Department of Social Services shall do all of
18the following:
19(1) Provide households that do not currently qualify for, nor
20receive, a standard utility allowance, with a SUAS benefit in an
21amount and frequency sufficient to meet federal requirements
22specified in Section 2014(e)(6)(C)(iv) of Title 7 of the United States
23Code if the household meets either of the following requirements:
24(A) The household would become eligible for CalFresh benefits
25if the standard utility allowance was provided.
26(B) The household would receive increased benefits if the
27
standard utility allowance was provided.
28(2) Provide the SUAS benefit without requiring the applicant
29or recipient to provide additional paperwork or verification.
30(3) Deliver the SUAS benefit using the Electronic Benefit
31Transfer (EBT) system.
32(4) Notwithstanding any other law, notification of a recipient’s
33impending EBT dormant account status shall not be required when
34the remaining balance in a recipient’s account at the time the
35account becomes inactive is equal to or less than the value of one
36year of SUAS benefits.
37(5) Ensure that receipt of the SUAS benefit pursuant to this
38section does not adversely affect a CalFresh recipient household’s
39eligibility, reduce a household’s CalFresh benefits, or disqualify
40the applicant or recipient of CalFresh
benefits from receiving
P190 1other public benefits, including other utility benefits, for which it
2may qualify.
3(d) (1) To the extent permitted by federal law, a CalFresh
4household that receives SUAS benefits in the month of application
5for new cases or in the previous 12 months for existing cases is
6entitled to use the full standard utility allowance for the purposes
7of calculating CalFresh benefits. A CalFresh household shall be
8entitled to use the full standard utility allowance regardless of
9whether the SUAS benefit actually is expended by the household.
10(2) If use of the full standard utility allowance, instead of the
11homeless shelter deduction, results in a lower amount of CalFresh
12benefits for a homeless household, the homeless household shall
13be entitled to use the homeless shelter deduction instead of the full
14standard utility allowance.
15(e) This section shall not be implemented until funds are
16appropriated for that purpose by the Legislature in the annual
17Budget Act or related legislation.
18(f) This section shall become operative on July 1, 2014.
begin insertSection 18901.5 of the end insertbegin insertWelfare and Institutions Codeend insert
20begin insert is amended to read:end insert
(a) (1) The department shall establish a program of
22categorical eligibility for CalFresh in accordance with Section 5(a)
23of the federal Food and Nutrition Act of 2008 (7 U.S.C. Sec.
242014(a)), and implementing regulations, to improve nutrition and
25promote the retention and development of assets and resources for
26needy households who meet all other federal Supplemental
27Nutrition Assistance Program eligibility requirements. Categorical
28eligibility for CalFresh shall also apply to any individual who is
29a member of a household that will be receiving or is eligible to
30receive cash assistance under Part 5 (commencing with Section
3117000), or eligible to receive food assistance under Chapter 10.1
32(commencing with Section 18930).
33(2) The department, to
the extent permitted by federal law, shall
34design and implement a program of categorical eligibility for
35CalFresh for the purpose of establishing the gross income limit
36for the federal Temporary Assistance for Needy Families and state
37maintenance of effort funded service that confers categorical
38eligibility for any household that is categorically eligible pursuant
39to paragraph (1), and that includes a member whobegin delete receives, or is begin insert receivesend insert medical assistance under Chapter 7
P191 1eligible to receive,end delete
2(commencing with Section 14000) of Part 3.
3(b) The director shall implement the program established
4pursuant to this section only with the appropriate federal
5authorization and if implementation would not result in the loss
6of federal financial participation.
7(c) begin delete Notwithstanding the rulemaking provisionsend deletebegin insert This section
8shall become inoperative on July 1, 2014, and, asend insert ofbegin delete the begin insert January 1, 2015, is repealed, unless
9Administrative Procedure Act (Chapter 3.5 (commencing with
10Section 11340) of Part 1 of Division 3 of Title 2 of the Government
11Code) and Section 10554, until emergency regulations are filed
12with the Secretary of State, the State Department of Social Services
13may implement the changes made by subdivision (a) through
14all-county letters or similar instructions from the director. The
15department shall adopt emergency regulations as necessary to
16implement those amendmentsend delete
17a later enacted statute, that becomes operativeend insert on or before January
181,begin delete 2010. The program established pursuant to this section shall be begin insert 2015, deletesend insert or
19established onend deletebegin delete before July 1, 2009, and shall be begin insert extends the
20fully implemented as to new applicants for CalFreshend delete
21datesend insert onbegin delete or before January 1, 2010.end deletebegin insert which it becomes inoperative
22and is repealed.end insert
23(d) The department shall adopt regulations to implement this
24section. The adoption, amendment, repeal, or readoption of a
25regulation authorized by this section is deemed to address an
26emergency, for purposes of Sections 11346.1 and 11349.6 of the
27Government Code, and the department is hereby exempted for this
28purpose from the requirements of subdivision (b) of Section
2911346.1 of the Government Code. The emergency regulations shall
30be exempt from review by the Office of Administrative Law. The
31department shall adopt final regulations implementing the program
32authorized by this section on or before July 1, 2010.
begin insertSection 18901.5 is added to the end insertbegin insertWelfare and
34Institutions Codeend insertbegin insert, to read:end insert
(a) The department shall establish a program of
36categorical eligibility for CalFresh in accordance with Section
375(a) of the federal Food and Nutrition Act of 2008 (7 U.S.C. Sec.
382014(a)), and implementing regulations, to improve nutrition and
39promote the retention and development of assets and resources
40for needy households who meet all other federal Supplemental
P192 1Nutrition Assistance Program eligibility requirements. Categorical
2eligibility for CalFresh shall also apply to any individual who is
3a member of a household that will be receiving or is eligible to
4receive cash assistance under Part 5 (commencing with Section
517000), or eligible to receive food assistance under Chapter 10.1
6(commencing with Section 18930).
7(b) The director shall
implement the program established
8pursuant to this section only with the appropriate federal
9authorization and if implementation would not result in the loss
10of federal financial participation.
11(c) This section shall become operative on July 1, 2014.
begin insertSection 18906.55 of the end insertbegin insertWelfare and Institutions Codeend insert
13begin insert is amended to read:end insert
(a) begin insert(1)end insertbegin insert end insert Notwithstanding Section 18906.5 or any
15other law, as a result of the substantial fiscal pressures on counties
16created by the unprecedented and unanticipated CalFresh caseload
17growth associated with the economic downturn beginning in 2008,
18and in order to provide fiscal relief to counties as a result of this
19growth, a county that meets the maintenance of effort requirement
20pursuant to Section 15204.4 entirely through expenditures for the
21administration of CalFresh in the 2010-11, 2011-12, 2012-13,
22begin insert
2013-14,end insert andbegin delete 2013-14end deletebegin insert 2014-15end insert fiscal years shall receive the full
23General Fund allocation for administration of CalFresh without
24paying the county’s share of the nonfederal costs for the amount
25above the maintenance of effort required by Section 15204.4.
26(2) For the 2015-16, 2016-17, and 2017-18 fiscal years, the
27waived portion of each county’s share of the nonfederal costs for
28the amount above the maintenance of effort required by Section
2915204.4 shall be reduced incrementally, so that there will be no
30waiver of the county’s share in the 2018-19 fiscal year and each
31fiscal year thereafter. The waived portion of the county’s share
32shall be 75 percent in the 2015-16 fiscal year, 50 percent in the
332016-17 fiscal year,
and 25 percent in the 2017-18 fiscal year of
34the amount above the maintenance of effort required by Section
3515204.4 that would be required to access the county’s full General
36Fund allocation for administration of CalFresh from the state.
37Once a county satisfies its maintenance of effort obligation under
38Section 15204.4, the department shall grant the county access to
39the state funds for which the match is waived. Any county that
40expends funds in excess of the amount required to meet the
P193 1maintenance of effort required by Section 15204.4 in the 2015-16,
22016-17, and 2017-18 fiscal years shall receive the amount of
3General Fund moneys that the county would have otherwise
4received based on the nonfederal sharing ratios in Section 18906.5,
5up to the county’s full General Fund allocation for that fiscal year.
6(b) The full General Fund allocation for administration of
7CalFresh pursuant to subdivision (a) shall equal 35 percent
of the
8total federal and nonfederal projected funding need for
9administration of CalFresh. The methodology used for calculating
10those projections shall remain the same as it was for the 2009-10
11fiscal year for as long as this section remains in effect.
12(c) begin delete No reliefend deletebegin insert Reliefend insert to the county share of administrative costs
13authorized by this section shallbegin insert notend insert result in any increased cost to
14the General Fund as determined in subdivision (b).
15(d) Subdivision (a) shall not be interpreted to prevent a county
16from expending funds in excess of the amount required to meet
17the maintenance of effort required by Section 15204.4.
18(e) This section shall become inoperative on July 1,begin delete 2014,end deletebegin insert 2018,end insert
19 and, as of January 1,begin delete 2015,end deletebegin insert 2019,end insert is repealed, unless a later enacted
20statute, that becomes operative on or before January 1,begin delete 2015,end deletebegin insert 2019,end insert
21 deletes or extends the dates on which it becomes inoperative and
22is repealed.
(a) It is the intent of the Legislature that increased
24staffing and funding resources for the State Department of Social
25Service’s Community Care Licensing Division (CCLD)
26appropriated in the Budget Act of 2014 be used to enhance the
27CCLD’s structure and improve its operations, including the
28recruitment and training of qualified licensing analysts and
29managers, and to address the changing nature of licensed facilities.
30These quality enhancement measures, once fully implemented, are
31intended to improve the underlying foundation of CCLD’s
32regulatory operations. It is further the intent of the
Legislature,
33once these actions are implemented to, over a specified period of
34time, increase the frequency of facility inspections resulting in
35annual inspections for some or all facility types.
36(b) During the 2015-16 legislative budget subcommittee
37hearings, the State Department of Social Services shall update the
38Legislature on the status of the structural and quality enhancement
39improvements described in subdivision (a), including all of the
40following:
P194 1(1) The status of CCLD’s filling of the authorized positions
2included in the Budget Act of 2014 and current division staffing
3levels, filled positions, and vacant positions.
4(2) A description of the quality enhancement and program
5improvement activities implemented to date, and the time frame
6for implementing the remaining improvements.
7(3) Based on the information provided in paragraphs (1) and
8(2), and any other relevant factors, an estimated time frame for
9beginning a ramp-up to increase the frequency of facility
10inspections.
Except as otherwise provided in this act, the
12Department of Community Services and Development shall receive
13and administer all state and federal funds that are allocated for
14programs to provide energy assistance to qualified low-income
15individuals, in accordance with subdivision (a) of Section 16367.6
16of the Government Code.
(a) Notwithstanding the rulemaking provisions of
18the Administrative Procedure Act (Chapter 3.5 (commencing with
19Section 11340) of Part 1 of Division 3 of Title 2 of the Government
20Code), the department may implement and administer the changes
21made by Sections 1, 64, 67, 68, 69, 70, 72, 73, 74, 75, 76, 77, and
2278 of this act through all-county letters or similar instructions
23until regulations are adopted.
24(b) The department shall adopt emergency regulations
25implementing these provisions no later than January 1, 2016. The
26
department may readopt any emergency regulation authorized by
27this section that is the same as, or substantially equivalent to, any
28emergency regulation previously adopted pursuant to this section.
29The initial adoption of regulations pursuant to this section and
30one readoption of emergency regulations shall be deemed to be
31an emergency and necessary for the immediate preservation of
32the public peace, health, safety, or general welfare. Initial
33emergency regulations and the one readoption of emergency
34regulations authorized by this section shall be exempt from review
35by the Office of Administrative Law. The initial emergency
36regulations and the one readoption of emergency regulations
37authorized by this section shall be submitted to the Office of
38Administrative Law for filing with the Secretary of State and each
39shall remain in effect for no more than 180 days, by which time
40final regulations shall be adopted.
No reimbursement is required by this act pursuant
2to Section 6 of Article XIII B of the California Constitution for
3certain costs that may be incurred by a local agency or school
4district because, in that regard, this act creates a new crime or
5infraction, eliminates a crime or infraction, or changes the penalty
6for a crime or infraction, within the meaning of Section 17556 of
7the Government Code, or changes the definition of a crime within
8the meaning of Section 6 of Article XIII B of the California
9Constitution.
10However, if the Commission on State Mandates determines that
11this act contains other costs mandated by the state, reimbursement
12to local agencies and school districts for those costs shall be made
13pursuant to Part 7 (commencing with Section 17500) of Division
144 of Title 2 of the Government Code.
This act is a bill providing for appropriations related
16to the Budget Bill within the meaning of subdivision (e) of Section
1712 of Article IV of the California Constitution, has been identified
18as related to the budget in the Budget Bill, and shall take effect
19immediately.
It is the intent of the Legislature to enact statutory
21changes relating to the Budget Act of 2014.
O
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