Amended in Senate August 22, 2014

Amended in Assembly April 21, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2236


Introduced by Assembly Members Maienschein and Stone

(Coauthor: Assembly Member Chávez)

February 21, 2014


An act to amendbegin insert, repeal, and addend insert Sectionsbegin delete 1569.48 andend deletebegin insert 1548, 1568.0822,end insert 1569.49begin insert, 1596.99, and 1597.58 end insertof the Health and Safety Code, relating tobegin delete residentialend delete care facilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 2236, as amended, Maienschein. begin deleteResidential care facilities for the elderly: end deletebegin insertCare facilities: end insertcivil penalties.

Existing law establishes the State Department of Social Services and sets forth its powers and duties, including, but not limited to, the licensing and administration ofbegin insert community care facilities, residential care facilities for persons with chronic life-threatening illnesses,end insert residential care facilities for thebegin delete elderly.end deletebegin insert elderly, child day care centers, and family day care homes.end insert

Existing law authorizes the department to impose various civil penalties for licensing violations.begin delete Existing law sets the minimum civil penalty at $25 and the maximum penalty at $150 per day per violation, and permits additional civil penalties for repeat violations within a 12-month period. end delete

This billbegin delete would increase the civil penalties, including the penalties for repeat offenses, and would vary the minimum and maximum penalties depending upon the seriousness of the harm to the resident.end deletebegin insert would, commencing July 1, 2015, increase the amount of civil penalties that may be imposed for a violation that the department determines results in the death of, or serious bodily injury or physical injury to, a resident or child at the care facility.end insert

This bill would, inbegin delete the case of citations imposing civil penalties for violations that caused death or serious bodily injury to the resident,end deletebegin insert those cases,end insert require that the decision to issue the citationbegin delete be reviewed by the department’s legal office andend delete be approved by thebegin delete deputyend delete director prior to the issuance of the citation.

begin delete

This bill would require that the appeal procedure include notice to the complainant, affected residents, and, if possible, their legal representatives, and the opportunity to participate in the appeal, and an option for review by an administrative law judge.

end delete
begin delete

This bill would, in cases involving death or serious bodily injury of a resident, require the department to prove that the violation was a direct proximate cause of the death or serious bodily injury, and that it resulted from an occurrence of a nature that the statute or regulation was designed to prevent. The bill would require dismissal of the citation if the licensee proves that the licensee did what might reasonably be expected of a residential care facility for the elderly licensee, acting under similar circumstances, to comply with the statute or regulation.

end delete
begin delete

The bill would specify that, in an enforcement action pursuant to these provisions, a licensee is liable for the acts and omissions of its officers and employees.

end delete
begin delete

Existing law authorizes the establishment of a fund and authorizes deposit of up to 50% of the revenue from these civil penalties into this fund, to be utilized, upon appropriation by the Legislature, for the purposes of relocation and care of residents when a facility’s license is revoked or temporarily suspended.

end delete
begin delete

This bill would, instead, establish the Emergency Resident Relocation Fund and would require deposit of 50% of the revenue from these civil penalties into the fund to be used for these purposes, upon appropriation by the Legislature.

end delete
begin insert

This bill would require the department to adopt regulations setting forth the appeal procedures for deficiencies. The bill would require that a licensee has the right to submit to the department a written request for a formal review of a civil penalty assessed for the death of, or serious bodily injury or physical injury to, a resident or child at the care facility within 10 days of receipt of the notice of the civil penalty assessment. The bill would require the first review to be conducted by a regional manager of the department’s Community Care Licensing Division (CCLD), who can uphold, amend, or dismiss the civil penalty and would require the licensee to be notified of the regional manager’s decision within 60 days of the licensee’s request. The licensee may further appeal to the CCLD’s program administrator and deputy director, and to an administrative law judge, as specified.

end insert

This bill would require the department, by January 1, 2016, to amend its regulations tobegin delete accommodateend deletebegin insert reflect theend insert changesbegin delete in these provisionsend deletebegin insert to lawend insert made by this bill.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 1548 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
2amended to read:end insert

3

1548.  

(a)  In addition to the suspension, temporary suspension,
4or revocation of a license issued under this chapter, the department
5may levy a civil penalty.

6(b) The amount of the civil penalty shall not be less than
7twenty-five dollars ($25) or more than fifty dollars ($50) per day
8for each violation of this chapter except where the nature or
9seriousness of the violation or the frequency of the violation
10warrants a higher penalty or an immediate civil penalty assessment,
11or both, as determined by the department. In no event, shall a civil
12penalty assessment exceed one hundred fifty dollars ($150) per
13day per violation.

14(c) Notwithstanding Section 1534, the department shall assess
15an immediate civil penalty of one hundred fifty dollars ($150) per
16day per violation for any of the following serious violations:

17(1) (A) Fire clearance violations, including, but not limited to,
18overcapacity, ambulatory status, inoperable smoke alarms, and
19inoperable fire alarm systems. The civil penalty shall not be
20assessed if the licensee has done either of the following:

21(i) Requested the appropriate fire clearance based on ambulatory,
22nonambulatory, or bedridden status, and the decision is pending.

23(ii) Initiated eviction proceedings.

24(B) A licensee denied a clearance for bedridden residents may
25appeal to the fire authority, and, if that appeal is denied, may
P4    1subsequently appeal to the Office of the State Fire Marshal, and
2shall not be assessed an immediate civil penalty until the final
3appeal is decided, or after 60 days has passed from the date of the
4citation, whichever is earlier.

5(2) Absence of supervision, as required by statute or regulation.

6(3) Accessible bodies of water when prohibited in this chapter
7or regulations adopted pursuant to this chapter.

8(4) Accessible firearms, ammunition, or both.

9(5) Refused entry to a facility or any part of a facility in violation
10of Section 1533, 1534, or 1538.

11(6) The presence of an excluded person on the premises.

12(d) Notwithstanding Section 1534, any facility that is cited for
13 repeating the same violation of this chapter within 12 months of
14the first violation is subject to an immediate civil penalty of one
15hundred fifty dollars ($150) and fifty dollars ($50) for each day
16the violation continues until the deficiency is corrected.

17(e) Any facility that is assessed a civil penalty pursuant to
18subdivision (d) which repeats the same violation of this chapter
19within 12 months of the violation subject to subdivision (d) is
20subject to an immediate civil penalty of one hundred fifty dollars
21($150) for each day the violation continues until the deficiency is
22corrected.

23(f) The department shall adopt regulations implementing this
24section.

25(g) As provided in Section 11466.31 of the Welfare and
26Institutions Code, the department may offset civil penalties owed
27by a group home against moneys to be paid by a county for the
28care of minors after the group home has exhausted its appeal of
29the civil penalty assessment. The department shall provide the
30group home a reasonable opportunity to pay the civil penalty before
31instituting the offset provision.

begin insert

32(h) This section shall become inoperative on July 1, 2015, and,
33as of January 1, 2016, is repealed, unless a later enacted statute,
34that becomes operative on or before January 1, 2016, deletes or
35extends the dates on which it becomes inoperative and is repealed.

end insert
36begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 1548 is added to the end insertbegin insertHealth and Safety Codeend insertbegin insert,
37to read:end insert

begin insert
38

begin insert1548.end insert  

(a) In addition to the suspension, temporary suspension,
39or revocation of a license issued under this chapter, the department
40may levy a civil penalty.

P5    1(b) The amount of the civil penalty shall not be less than
2twenty-five dollars ($25) or more than fifty dollars ($50) per day
3for each violation of this chapter except where the nature or
4seriousness of the violation or the frequency of the violation
5warrants a higher penalty or an immediate civil penalty
6assessment, or both, as determined by the department. In no event,
7shall a civil penalty assessment exceed one hundred fifty dollars
8($150) per day per violation.

9(c) Notwithstanding Section 1534, the department shall assess
10an immediate civil penalty of one hundred fifty dollars ($150) per
11day per violation for any of the following serious violations:

12(1) (A) Fire clearance violations, including, but not limited to,
13overcapacity, ambulatory status, inoperable smoke alarms, and
14inoperable fire alarm systems. The civil penalty shall not be
15assessed if the licensee has done either of the following:

16(i) Requested the appropriate fire clearance based on
17ambulatory, nonambulatory, or bedridden status, and the decision
18is pending.

19(ii) Initiated eviction proceedings.

20(B) A licensee denied a clearance for bedridden residents may
21appeal to the fire authority, and, if that appeal is denied, may
22subsequently appeal to the Office of the State Fire Marshal, and
23shall not be assessed an immediate civil penalty until the final
24appeal is decided, or after 60 days has passed from the date of the
25citation, whichever is earlier.

26(2) Absence of supervision, as required by statute or regulation.

27(3) Accessible bodies of water when prohibited in this chapter
28or regulations adopted pursuant to this chapter.

29(4) Accessible firearms, ammunition, or both.

30(5) Refused entry to a facility or any part of a facility in violation
31of Section 1533, 1534, or 1538.

32(6) The presence of an excluded person on the premises.

33(d) (1) For a violation that the department determines resulted
34in the death of a resident at an adult residential facility, social
35rehabilitation facility, enhanced behavioral supports home, or
36community crisis home, the civil penalty shall be fifteen thousand
37dollars ($15,000).

38(2) For a violation that the department determines resulted in
39the death of a person receiving care at an adult day program, the
40civil penalty shall be assessed as follows:

P6    1(A) Seven thousand five hundred dollars ($7,500) for a licensee
2licensed, among all of the licensee’s facilities, to care for 50 or
3less persons.

4(B) Ten thousand dollars ($10,000) for a licensee licensed,
5among all of the licensee’s facilities, to care for more than 50
6persons.

7(3) For a violation that the department determines resulted in
8the death of a person receiving care at a therapeutic day services
9facility, foster family agency, community treatment facility,
10full-service adoption agency, noncustodial adoption agency,
11transitional shelter care facility, transitional housing placement
12provider, or group home, the civil penalty shall be assessed as
13follows:

14(A) Seven thousand five hundred dollars ($7,500) for a licensee
15licensed, among all of the licensee’s facilities, to care for 40 or
16less children.

17(B) Ten thousand dollars ($10,000) for a licensee licensed,
18among all of the licensee’s facilities, to care for 41 to 100,
19inclusive, children.

20(C) Fifteen thousand dollars ($15,000) for a licensee licensed,
21among all of the licensee’s facilities, to care for more than 100
22children.

23(4) For a violation that the department determines resulted in
24the death of a resident at a runaway and homeless youth shelter,
25the civil penalty shall be five thousand dollars ($5,000).

26(e) (1) (A) For a violation that the department determines
27constitutes physical abuse, as defined in Section 15610.63 of the
28Welfare and Institutions Code, or resulted in serious bodily injury,
29as defined in Section 243 of the Penal Code, to a resident at an
30adult residential facility, social rehabilitation facility, enhanced
31behavioral supports home, or community crisis home, the civil
32penalty shall be ten thousand dollars ($10,000).

33(B) For a violation that the department determines constitutes
34physical abuse, as defined in Section 15610.63 of the Welfare and
35Institutions Code, or resulted in serious bodily injury, as defined
36in Section 243 of the Penal Code, to a person receiving care at an
37adult day program, the civil penalty shall be assessed as follows:

38(i) Two thousand five hundred dollars ($2,500) for a licensee
39licensed, among all of the licensee’s facilities, to care for 50 or
40less persons.

P7    1(ii) Five thousand dollars ($5,000) for a licensee licensed,
2among all of the licensee’s facilities, to care for more than 50
3persons.

4(C) For a violation that the department determines constitutes
5physical abuse, as defined in paragraph (2), or resulted in serious
6bodily injury, as defined in Section 243 of the Penal Code, to a
7person receiving care at a therapeutic day services facility, foster
8family agency, community treatment facility, full-service adoption
9agency, noncustodial adoption agency, transitional shelter care
10facility, transitional housing placement provider, or group home,
11the civil penalty shall be assessed as follows:

12(i) Two thousand five hundred dollars ($2,500) for a licensee
13licensed, among all of the licensee’s facilities, to care for 40 or
14less children.

15(ii) Five thousand dollars ($5,000) for a licensee licensed,
16among all of the licensee’s facilities, to care for 41 to 100,
17inclusive, children.

18(iii) Ten thousand dollars ($10,000) for a licensee licensed,
19among all of the licensee’s facilities, to care for more than 100
20children.

21(D) For a violation that the department determines constitutes
22physical abuse, as defined in paragraph (2), or resulted in serious
23bodily injury, as defined in Section 243 of the Penal Code, to a
24resident at a runaway and homeless youth shelter, the civil penalty
25shall be one thousand dollars ($1,000).

26(2) For purposes of subparagraphs (C) and (D), “physical
27abuse” includes physical injury inflicted upon a child by another
28person by other than accidental means, sexual abuse as defined
29in Section 11165.1 of the Penal Code, neglect as defined in Section
3011165.2 of the Penal Code, or unlawful corporal punishment or
31injury as defined in Section 11165.4 of the Penal Code when the
32person responsible for the child’s welfare is a licensee,
33administrator, or employee of any facility licensed to care for
34children.

35(f) Prior to the issuance of a citation imposing a civil penalty
36pursuant to subdivision (d) or (e), the decision shall be approved
37by the director.

38(g) Notwithstanding Section 1534, any facility that is cited for
39repeating the same violation of this chapter within 12 months of
40the first violation is subject to an immediate civil penalty of one
P8    1hundred fifty dollars ($150) and fifty dollars ($50) for each day
2the violation continues until the deficiency is corrected.

3(h) Any facility that is assessed a civil penalty pursuant to
4subdivision (g) that repeats the same violation of this chapter
5within 12 months of the violation subject to subdivision (g) is
6subject to an immediate civil penalty of one hundred fifty dollars
7($150) for each day the violation continues until the deficiency is
8corrected.

9(i) (1) The department shall adopt regulations setting forth the
10appeal procedures for deficiencies.

11(2) A licensee shall have the right to submit to the department
12a written request for a formal review of a civil penalty assessed
13pursuant to subdivisions (d) and (e) within 10 days of receipt of
14the notice of a civil penalty assessment and shall provide all
15supporting documentation at that time. The review shall be
16conducted by a regional manager of the Community Care Licensing
17Division. If the regional manager determines that the civil penalty
18was not assessed in accordance with applicable statutes or
19regulations of the department, he or she may amend or dismiss
20the civil penalty. The licensee shall be notified in writing of the
21regional manager’s decision within 60 days of the request to review
22the assessment of the civil penalty.

23(3) The licensee may further appeal to the program
24administrator of the Community Care Licensing Division within
2510 days of receipt of the notice of the regional manager’s decision
26and shall provide all supporting documentation at that time. If the
27program administrator determines that the civil penalty was not
28assessed in accordance with applicable statutes or regulations of
29the department, he or she may amend or dismiss the civil penalty.
30The licensee shall be notified in writing of the program
31administrator’s decision within 60 days of the request to review
32the regional manager’s decision.

33(4) The licensee may further appeal to the deputy director of
34the Community Care Licensing Division within 10 days of receipt
35of the notice of the program director’s decision and shall provide
36all supporting documentation at that time. If the deputy director
37determines that the civil penalty was not assessed in accordance
38with applicable statutes or regulations of the department, he or
39she may amend or dismiss the civil penalty. The licensee shall be
P9    1notified in writing of the deputy director’s decision within 60 days
2of the request to review the program administrator’s decision.

3(5) Upon exhausting the deputy director review, a licensee may
4appeal a civil penalty assessed pursuant to subdivision (d) or (e)
5to an administrative law judge. Proceedings shall be conducted
6in accordance with Chapter 5 (commencing with Section 11500)
7of Part 1 of Division 3 of Title 2 of the Government Code, and the
8department shall have all the powers granted by those provisions.
9In all proceedings conducted in accordance with this section, the
10standard of proof shall be by a preponderance of the evidence.

11(6) If, in addition to an assessment of civil penalties, the
12department elects to file an administrative action to suspend or
13revoke the facility license that includes violations relating to the
14assessment of the civil penalties, the department review of the
15pending appeal shall cease and the assessment of the civil penalties
16shall be heard as part of the administrative action process.

17(j) The department shall adopt regulations implementing this
18section.

19(k) The department shall, by January 1, 2016, amend its
20regulations to reflect the changes to this section made by the act
21that added this subdivision.

22(l) As provided in Section 11466.31 of the Welfare and
23Institutions Code, the department may offset civil penalties owed
24by a group home against moneys to be paid by a county for the
25care of minors after the group home has exhausted its appeal of
26the civil penalty assessment. The department shall provide the
27group home a reasonable opportunity to pay the civil penalty
28before instituting the offset provision.

29(m) This section shall become operative on July 1, 2015.

end insert
30begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 1568.0822 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
31amended to read:end insert

32

1568.0822.  

(a) In addition to the suspension, temporary
33suspension, or revocation of a license issued under this chapter,
34the department may levy a civil penalty. The department shall
35adopt regulations setting forth the appeal procedures for
36deficiencies.

37(b)  The amount of the civil penalty shall not be less than
38twenty-five dollars ($25) or more than fifty dollars ($50) per day
39for each violation of this chapter, except where the nature or
40seriousness of the violation or the frequency of the violation
P10   1warrants a higher penalty or an immediate civil penalty assessment,
2or both, as determined by the department. In no event shall a civil
3penalty assessment exceed one hundred fifty dollars ($150) per
4day per violation.

5(c) Notwithstanding Section 1568.07, the department shall assess
6an immediate civil penalty of one hundred fifty dollars ($150) per
7day per violation for any of the following serious violations:

8(1) (A) Fire clearance violations, including, but not limited to,
9overcapacity, ambulatory status, inoperable smoke alarms, and
10inoperable fire alarm systems. The civil penalty shall not be
11assessed if the licensee has done either of the following:

12(i) Requested the appropriate fire clearance based on ambulatory,
13nonambulatory, or bedridden status, and the decision is pending.

14(ii) Initiated eviction proceedings.

15(B) A licensee denied a clearance for bedridden residents may
16 appeal to the fire authority, and, if that appeal is denied, may
17subsequently appeal to the Office of the State Fire Marshal, and
18shall not be assessed an immediate civil penalty until the final
19appeal is decided, or after 60 days has passed from the date of the
20citation, whichever is earlier.

21(2) Absence of supervision, as required by statute and regulation.

22(3) Accessible bodies of water, when prohibited in this chapter
23or regulations adopted pursuant to this chapter.

24(4) Accessible firearms, ammunition, or both.

25(5) Refused entry to a facility or any part of a facility in violation
26of Section 1568.07 or 1568.071.

27(6) The presence of an excluded person on the premises.

28(d) Notwithstanding Section 1568.07, any residential care
29facility that is cited for repeating the same violation of this chapter
30within 12 months of the first violation is subject to an immediate
31civil penalty of one hundred fifty dollars ($150) and fifty dollars
32($50) for each day the violation continues until the deficiency is
33corrected.

34(e) Any residential care facility that is assessed a civil penalty
35pursuant to subdivision (d) which repeats the same violation of
36this chapter within 12 months of the violation subject to subdivision
37(d) shall be assessed an immediate civil penalty of one thousand
38dollars ($1,000) and one hundred dollars ($100) for each day the
39violation continues until the deficiency is corrected, provided that
40the violation is a serious violation.

P11   1(f) The department shall adopt regulations implementing this
2section.

begin insert

3(g) This section shall become inoperative on July 1, 2015, and,
4as of January 1, 2016, is repealed, unless a later enacted statute,
5that becomes operative on or before January 1, 2016, deletes or
6extends the dates on which it becomes inoperative and is repealed.

end insert
7begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 1568.0822 is added to the end insertbegin insertHealth and Safety
8Code
end insert
begin insert, to read:end insert

begin insert
9

begin insert1568.0822.end insert  

(a) In addition to the suspension, temporary
10suspension, or revocation of a license issued under this chapter,
11the department may levy a civil penalty.

12(b) The amount of the civil penalty shall not be less than
13twenty-five dollars ($25) or more than fifty dollars ($50) per day
14for each violation of this chapter, except where the nature or
15seriousness of the violation or the frequency of the violation
16warrants a higher penalty or an immediate civil penalty
17assessment, or both, as determined by the department. In no event
18shall a civil penalty assessment exceed one hundred fifty dollars
19($150) per day per violation.

20(c) Notwithstanding Section 1568.07, the department shall assess
21 an immediate civil penalty of one hundred fifty dollars ($150) per
22day per violation for any of the following serious violations:

23(1) (A) Fire clearance violations, including, but not limited to,
24overcapacity, ambulatory status, inoperable smoke alarms, and
25inoperable fire alarm systems. The civil penalty shall not be
26assessed if the licensee has done either of the following:

27(i) Requested the appropriate fire clearance based on
28ambulatory, nonambulatory, or bedridden status, and the decision
29is pending.

30(ii) Initiated eviction proceedings.

31(B) A licensee denied a clearance for bedridden residents may
32appeal to the fire authority, and, if that appeal is denied, may
33subsequently appeal to the Office of the State Fire Marshal, and
34 shall not be assessed an immediate civil penalty until the final
35appeal is decided, or after 60 days has passed from the date of the
36citation, whichever is earlier.

37(2) Absence of supervision, as required by statute and
38regulation.

39(3) Accessible bodies of water, when prohibited in this chapter
40or regulations adopted pursuant to this chapter.

P12   1(4) Accessible firearms, ammunition, or both.

2(5) Refused entry to a facility or any part of a facility in violation
3of Section 1568.07 or 1568.071.

4(6) The presence of an excluded person on the premises.

5(d) For a violation that the department determines resulted in
6the death of a resident, the civil penalty shall be fifteen thousand
7dollars ($15,000).

8(e) For a violation that the department determines constitutes
9physical abuse, as defined in Section 15610.63 of the Welfare and
10Institutions Code, or resulted in serious bodily injury, as defined
11in Section 243 of the Penal Code, to a resident, the civil penalty
12shall be ten thousand dollars ($10,000).

13(f) Prior to the issuance of a citation imposing a civil penalty
14pursuant to subdivision (d) or (e), the decision shall be approved
15by the director.

16(g) Notwithstanding Section 1568.07, any residential care
17facility that is cited for repeating the same violation of this chapter
18within 12 months of the first violation is subject to an immediate
19civil penalty of one hundred fifty dollars ($150) and fifty dollars
20($50) for each day the violation continues until the deficiency is
21corrected.

22(h) Any residential care facility that is assessed a civil penalty
23pursuant to subdivision (g) that repeats the same violation of this
24chapter within 12 months of the violation subject to subdivision
25(g) shall be assessed an immediate civil penalty of one thousand
26dollars ($1,000) and one hundred dollars ($100) for each day the
27violation continues until the deficiency is corrected, provided that
28the violation is a serious violation.

29(i) (1) The department shall adopt regulations setting forth the
30appeal procedures for deficiencies.

31(2) A licensee shall have the right to submit to the department
32a written request for a formal review of a civil penalty assessed
33pursuant to subdivisions (d) and (e) within 10 days of receipt of
34the notice of a civil penalty assessment and shall provide all
35supporting documentation at that time. The review shall be
36conducted by a regional manager of the Community Care Licensing
37Division. If the regional manager determines that the civil penalty
38was not assessed in accordance with applicable statutes or
39regulations of the department, he or she may amend or dismiss
40the civil penalty. The licensee shall be notified in writing of the
P13   1regional manager’s decision within 60 days of the request to review
2the assessment of the civil penalty.

3(3) The licensee may further appeal to the program
4administrator of the Community Care Licensing Division within
510 days of receipt of the notice of the regional manager’s decision
6and shall provide all supporting documentation at that time. If the
7program administrator determines that the civil penalty was not
8assessed in accordance with applicable statutes or regulations of
9the department, he or she may amend or dismiss the civil penalty.
10The licensee shall be notified in writing of the program
11administrator’s decision within 60 days of the request to review
12the regional manager’s decision.

13(4) The licensee may further appeal to the deputy director of
14the Community Care Licensing Division within 10 days of receipt
15of the notice of the program director’s decision and shall provide
16all supporting documentation at that time. If the deputy director
17determines that the civil penalty was not assessed in accordance
18with applicable statutes or regulations of the department, he or
19she may amend or dismiss the civil penalty. The licensee shall be
20notified in writing of the deputy director’s decision within 60 days
21of the request to review the program administrator’s decision.

22(5) Upon exhausting the deputy director review, a licensee may
23appeal a civil penalty assessed pursuant to subdivision (d) or (e)
24to an administrative law judge. Proceedings shall be conducted
25in accordance with Chapter 5 (commencing with Section 11500)
26of Part 1 of Division 3 of Title 2 of the Government Code, and the
27department shall have all the powers granted by those provisions.
28In all proceedings conducted in accordance with this section, the
29standard of proof shall be by a preponderance of the evidence.

30(6) If, in addition to an assessment of civil penalties, the
31department elects to file an administrative action to suspend or
32revoke the facility license that includes violations relating to the
33assessment of the civil penalties, the department review of the
34pending appeal shall cease and the assessment of the civil penalties
35shall be heard as part of the administrative action process.

36(j) The department shall adopt regulations implementing this
37section.

38(k) The department shall, by January 1, 2016, amend its
39regulations to reflect the changes to this section made by the act
40that added this subdivision.

P14   1(l) This section shall become operative on July 1, 2015.

end insert
2begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 1569.49 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
3amended to read:end insert

4

1569.49.  

(a)  In addition to the suspension, temporary
5suspension, or revocation of a license issued under this chapter,
6the department may levy a civil penalty. The department shall
7adopt regulations setting forth the appeal procedures for
8deficiencies.

9(b)  The amount of the civil penalty shall not be less than
10twenty-five dollars ($25) or more than fifty dollars ($50) per day
11for each violation of this chapter except where the nature or
12seriousness of the violation or the frequency of the violation
13warrants a higher penalty or an immediate civil penalty assessment,
14or both, as determined by the department. In no event, shall a civil
15penalty assessment exceed one hundred fifty dollars ($150) per
16day per violation.

17(c) Notwithstanding Section 1569.33, the department shall assess
18an immediate civil penalty of one hundred fifty dollars ($150) per
19day per violation for any of the following serious violations:

20(1) (A) Fire clearance violations, including, but not limited to,
21overcapacity, ambulatory status, inoperable smoke alarms, and
22inoperable fire alarm systems. The civil penalty shall not be
23assessed if the licensee has done either of the following:

24(i) Requested the appropriate fire clearance based on ambulatory,
25nonambulatory, or bedridden status, and the decision is pending.

26(ii) Initiated eviction proceedings.

27(B) A licensee denied a clearance for bedridden residents may
28 appeal to the fire authority, and, if that appeal is denied, may
29subsequently appeal to the Office of the State Fire Marshal, and
30shall not be assessed an immediate civil penalty until the final
31appeal is decided, or after 60 days has passed from the date of the
32citation, whichever is earlier.

33(2) Absence of supervision as required by statute or regulation.

34(3) Accessible bodies of water, when prohibited in this chapter
35or regulations adopted pursuant to this chapter.

36(4) Accessible firearms, ammunition, or both.

37(5) Refused entry to a facility or any part of a facility in violation
38of Section 1569.32, 1569.33, or 1569.35.

39(6) The presence of an excluded person on the premises.

P15   1(d) Notwithstanding Section 1569.33, any residential care
2facility for the elderly that is cited for repeating the same violation
3of this chapter within 12 months of the first violation is subject to
4an immediate civil penalty of one hundred fifty dollars ($150) and
5fifty dollars ($50) for each day the violation continues until the
6deficiency is corrected.

7(e) Any residential care facility for the elderly that is assessed
8a civil penalty pursuant to subdivision (d) which repeats the same
9violation of this chapter within 12 months of the violation subject
10to subdivision (d) shall be assessed an immediate civil penalty of
11one thousand dollars ($1,000) and one hundred dollars ($100) for
12each day the violation continues until the deficiency is corrected.

13(f) The department shall adopt regulations implementing this
14 section.

begin insert

15(g) This section shall become inoperative on July 1, 2015, and,
16as of January 1, 2016, is repealed, unless a later enacted statute,
17that becomes operative on or before January 1, 2016, deletes or
18extends the dates on which it becomes inoperative and is repealed.

end insert
19begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 1569.49 is added to the end insertbegin insertHealth and Safety
20Code
end insert
begin insert, to read:end insert

begin insert
21

begin insert1569.49.end insert  

(a) In addition to the suspension, temporary
22suspension, or revocation of a license issued under this chapter,
23the department may levy a civil penalty.

24(b) The amount of the civil penalty shall not be less than
25twenty-five dollars ($25) or more than fifty dollars ($50) per day
26for each violation of this chapter except where the nature or
27seriousness of the violation or the frequency of the violation
28warrants a higher penalty or an immediate civil penalty
29assessment, or both, as determined by the department. In no event,
30shall a civil penalty assessment exceed one hundred fifty dollars
31($150) per day per violation.

32(c) Notwithstanding Section 1569.33, the department shall assess
33an immediate civil penalty of one hundred fifty dollars ($150) per
34day per violation for any of the following serious violations:

35(1) (A) Fire clearance violations, including, but not limited to,
36overcapacity, ambulatory status, inoperable smoke alarms, and
37inoperable fire alarm systems. The civil penalty shall not be
38assessed if the licensee has done either of the following:

P16   1(i) Requested the appropriate fire clearance based on
2ambulatory, nonambulatory, or bedridden status, and the decision
3is pending.

4(ii) Initiated eviction proceedings.

5(B) A licensee denied a clearance for bedridden residents may
6appeal to the fire authority, and, if that appeal is denied, may
7subsequently appeal to the Office of the State Fire Marshal, and
8shall not be assessed an immediate civil penalty until the final
9appeal is decided, or after 60 days has passed from the date of the
10citation, whichever is earlier.

11(2) Absence of supervision as required by statute or regulation.

12(3) Accessible bodies of water, when prohibited in this chapter
13or regulations adopted pursuant to this chapter.

14(4) Accessible firearms, ammunition, or both.

15(5) Refused entry to a facility or any part of a facility in violation
16of Section 1569.32, 1569.33, or 1569.35.

17(6) The presence of an excluded person on the premises.

18(d) For a violation that the department determines resulted in
19the death of a resident, the civil penalty shall be fifteen thousand
20dollars ($15,000).

21(e) For a violation that the department determines constitutes
22physical abuse, as defined in Section 15610.63 of the Welfare and
23Institutions Code, or resulted in serious bodily injury, as defined
24in Section 15610.67 of the Welfare and Institutions Code, to a
25resident, the civil penalty shall be ten thousand dollars ($10,000).

26(f) Prior to the issuance of a citation imposing a civil penalty
27pursuant to subdivision (d) or (e), the decision shall be approved
28by the director.

29(g) Notwithstanding Section 1569.33, any residential care
30facility for the elderly that is cited for repeating the same violation
31of this chapter within 12 months of the first violation is subject to
32an immediate civil penalty of one hundred fifty dollars ($150) and
33fifty dollars ($50) for each day the violation continues until the
34deficiency is corrected.

35(h) Any residential care facility for the elderly that is assessed
36a civil penalty pursuant to subdivision (g) that repeats the same
37violation of this chapter within 12 months of the violation subject
38to subdivision (g) shall be assessed an immediate civil penalty of
39one thousand dollars ($1,000) and one hundred dollars ($100) for
40each day the violation continues until the deficiency is corrected.

P17   1(i) (1) The department shall adopt regulations setting forth the
2appeal procedures for deficiencies.

3(2) A licensee shall have the right to submit to the department
4a written request for a formal review of a civil penalty assessed
5pursuant to subdivisions (d) and (e) within 10 days of receipt of
6the notice of a civil penalty assessment and shall provide all
7supporting documentation at that time. The review shall be
8conducted by a regional manager of the Community Care Licensing
9Division. If the regional manager determines that the civil penalty
10was not assessed in accordance with applicable statutes or
11regulations of the department, he or she may amend or dismiss
12the civil penalty. The licensee shall be notified in writing of the
13regional manager’s decision within 60 days of the request to review
14the assessment of the civil penalty.

15(3) The licensee may further appeal to the program
16administrator of the Community Care Licensing Division within
1710 days of receipt of the notice of the regional manager’s decision
18and shall provide all supporting documentation at that time. If the
19program administrator determines that the civil penalty was not
20assessed in accordance with applicable statutes or regulations of
21the department, he or she may amend or dismiss the civil penalty.
22The licensee shall be notified in writing of the program
23administrator’s decision within 60 days of the request to review
24the regional manager’s decision.

25(4) The licensee may further appeal to the deputy director of
26the Community Care Licensing Division within 10 days of receipt
27of the notice of the program director’s decision and shall provide
28all supporting documentation at that time. If the deputy director
29determines that the civil penalty was not assessed in accordance
30with applicable statutes or regulations of the department, he or
31she may amend or dismiss the civil penalty. The licensee shall be
32notified in writing of the deputy director’s decision within 60 days
33of the request to review the program administrator’s decision.

34(5) Upon exhausting the deputy director review, a licensee may
35appeal a civil penalty assessed pursuant to subdivision (d) or (e)
36to an administrative law judge. Proceedings shall be conducted
37in accordance with Chapter 5 (commencing with Section 11500)
38of Part 1 of Division 3 of Title 2 of the Government Code, and the
39department shall have all the powers granted by those provisions.
P18   1In all proceedings conducted in accordance with this section, the
2standard of proof shall be by a preponderance of the evidence.

3(6) If, in addition to an assessment of civil penalties, the
4department elects to file an administrative action to suspend or
5revoke the facility license that includes violations relating to the
6assessment of the civil penalties, the department review of the
7pending appeal shall cease and the assessment of the civil penalties
8shall be heard as part of the administrative action process.

9(j) The department shall adopt regulations implementing this
10section.

11(k) The department shall, by January 1, 2016, amend its
12regulations to reflect the changes to this section made by the act
13that added this subdivision.

14(l) This section shall become operative on July 1, 2015.

end insert
15begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 1596.99 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
16amended to read:end insert

17

1596.99.  

(a) In addition to the suspension, temporary
18suspension, or revocation of a license issued under this chapter or
19Chapter 3.4 (commencing with Section 1596.70), the department
20may levy a civil penalty.

21(b) The amount of the civil penalty shall not be less than
22twenty-five dollars ($25) nor more than fifty dollars ($50) per day
23for each violation of this chapter except where the nature or
24seriousness of the violation or the frequency of the violation
25warrants a higher penalty or an immediate civil penalty assessment,
26or both, as determined by the department. In no event shall a civil
27penalty assessment exceed one hundred fifty dollars ($150) per
28day per violation.

29(c) Notwithstanding Sections 1596.893a, 1596.893b, and
301596.98, the department shall assess an immediate civil penalty
31of one hundred fifty ($150) per day per violation for any of the
32following serious violations:

33(1) Fire clearance violations, including, but not limited to,
34overcapacity, inoperable smoke alarms, and inoperable fire alarm
35systems.

36(2) Absence of supervision, including, but not limited to, a child
37left unattended, supervision of a child by a person under 18 years
38of age, and lack of supervision resulting in a child wandering away.

39(3) Accessible bodies of water.

40(4) Accessible firearms, ammunition, or both.

P19   1(5) Refused entry to a facility or any part of a facility in violation
2of Section 1596.852, 1596.853, or 1597.09.

3(6) The presence of an excluded person on the premises.

4(d) Notwithstanding Sections 1596.893a, 1596.893b, and
51596.98, any day care center that is cited for repeating the same
6violation of this chapter or Chapter 3.4 (commencing with Section
71596.70), within 12 months of the first violation is subject to an
8immediate civil penalty of one hundred fifty dollars ($150) for
9each day the violation continues until the deficiency is corrected.

10(e) Any day care center that is assessed a civil penalty under
11subdivision (d) and that repeats the same violation of this chapter
12within 12 months of the violation subject to subdivision (d) shall
13be assessed an immediate civil penalty of one hundred fifty dollars
14($150) for each day the violation continues until the deficiency is
15corrected.

16(f) Notwithstanding any otherbegin delete provision ofend delete law, revenues
17received by the state from the payment of civil penalties imposed
18on licensed child care centers pursuant to this chapter or Chapter
193.4 (commencing with Section 1596.70), shall be deposited in the
20Child Health and Safety Fund, created pursuant to Chapter 4.6
21(commencing with Section 18285) of Part 6 of Division 9 of the
22Welfare and Institutions Code, and shall be expended, upon
23appropriation by the Legislature, pursuant to subdivision (f) of
24Section 18285 of the Welfare and Institutions Code exclusively
25for the technical assistance, orientation, training, and education of
26licensed day care center providers.

begin insert

27(g) This section shall become inoperative on July 1, 2015, and,
28as of January 1, 2016, is repealed, unless a later enacted statute,
29that becomes operative on or before January 1, 2016, deletes or
30extends the dates on which it becomes inoperative and is repealed.

end insert
31begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 1596.99 is added to the end insertbegin insertHealth and Safety
32Code
end insert
begin insert, to read:end insert

begin insert
33

begin insert1596.99.end insert  

(a) In addition to the suspension, temporary
34suspension, or revocation of a license issued under this chapter
35or Chapter 3.4 (commencing with Section 1596.70), the department
36may levy a civil penalty.

37(b) The amount of the civil penalty shall not be less than
38twenty-five dollars ($25) nor more than fifty dollars ($50) per day
39for each violation of this chapter except where the nature or
40seriousness of the violation or the frequency of the violation
P20   1warrants a higher penalty or an immediate civil penalty
2assessment, or both, as determined by the department. In no event
3shall a civil penalty assessment exceed one hundred fifty dollars
4($150) per day per violation.

5(c) Notwithstanding Sections 1596.893a, 1596.893b, and
61596.98, the department shall assess an immediate civil penalty
7of one hundred fifty ($150) per day per violation for any of the
8following serious violations:

9(1) Fire clearance violations, including, but not limited to,
10overcapacity, inoperable smoke alarms, and inoperable fire alarm
11systems.

12(2) Absence of supervision, including, but not limited to, a child
13left unattended, supervision of a child by a person under 18 years
14of age, and lack of supervision resulting in a child wandering
15away.

16(3) Accessible bodies of water.

17(4) Accessible firearms, ammunition, or both.

18(5) Refused entry to a facility or any part of a facility in violation
19of Section 1596.852, 1596.853, or 1597.09.

20(6) The presence of an excluded person on the premises.

21(d) For a violation that the department determines resulted in
22the death of a child, the civil penalty shall be assessed as follows:

23(1) Seven thousand five hundred dollars ($7,500) for a licensee
24licensed, among all of the licensee’s facilities, to care for 30 or
25less children.

26(2) Ten thousand dollars ($10,000) for a licensee licensed,
27among all of the licensee’s facilities, to care for 31 to 100,
28inclusive, children.

29(3) Fifteen thousand dollars ($15,000) for a licensee licensed,
30among all of the licensee’s facilities, to care for more than 100
31children.

32(e) (1) For a violation that the department determines
33constitutes physical abuse or resulted in serious injury, as defined
34in Section 1596.8865, to a child, the civil penalty shall be assessed
35as follows:

36(A) Two thousand five hundred dollars ($2,500) for a licensee
37licensed, among all of the licensee’s facilities, to care for 30 or
38less children.

P21   1(B) Five thousand dollars ($5,000) for a licensee licensed,
2among all of the licensee’s facilities, to care for 31 to 100,
3inclusive, children.

4(C) Ten thousand dollars ($10,000) for a licensee licensed,
5among all of the licensee’s facilities, to care for more than 100
6children.

7(2) For purposes of this subdivision, “physical abuse” includes
8physical injury inflicted upon a child by another person by other
9than accidental means, sexual abuse as defined in Section 11165.1
10of the Penal Code, neglect as defined in Section 11165.2 of the
11Penal Code, or unlawful corporal punishment or injury as defined
12in Section 11165.4 of the Penal Code when the person responsible
13for the child’s welfare is a licensee, administrator, or employee
14of any facility licensed to care for children, or an administrator
15or employee of a public or private school or other institution or
16agency.

17(f) Prior to the issuance of a citation imposing a civil penalty
18pursuant to subdivision (d) or (e), the decision shall be approved
19by the director.

20(g) Notwithstanding Sections 1596.893a, 1596.893b, and
211596.98, any day care center that is cited for repeating the same
22violation of this chapter or Chapter 3.4 (commencing with Section
23 1596.70), within 12 months of the first violation is subject to an
24immediate civil penalty of one hundred fifty dollars ($150) for
25each day the violation continues until the deficiency is corrected.

26(h) Any day care center that is assessed a civil penalty under
27subdivision (g) and that repeats the same violation of this chapter
28within 12 months of the violation subject to subdivision (g) shall
29be assessed an immediate civil penalty of one hundred fifty dollars
30($150) for each day the violation continues until the deficiency is
31corrected.

32(i) Notwithstanding any other law, revenues received by the
33state from the payment of civil penalties imposed on licensed child
34care centers pursuant to this chapter or Chapter 3.4 (commencing
35with Section 1596.70), shall be deposited in the Child Health and
36Safety Fund, created pursuant to Chapter 4.6 (commencing with
37Section 18285) of Part 6 of Division 9 of the Welfare and
38Institutions Code, and shall be expended, upon appropriation by
39the Legislature, pursuant to subdivision (f) of Section 18285 of the
40Welfare and Institutions Code exclusively for the technical
P22   1assistance, orientation, training, and education of licensed day
2care center providers, and to assist families with the identification,
3transportation, and enrollment of children to another day care
4center when a family’s day care center’s license is revoked or
5temporarily suspended.

6(j) (1) The department shall adopt regulations setting forth the
7appeal procedures for deficiencies.

8(2) A licensee shall have the right to submit to the department
9a written request for a formal review of a civil penalty assessed
10pursuant to subdivisions (d) and (e) within 10 days of receipt of
11the notice of a civil penalty assessment and shall provide all
12 supporting documentation at that time. The review shall be
13conducted by a regional manager of the Community Care Licensing
14Division. If the regional manager determines that the civil penalty
15was not assessed in accordance with applicable statutes or
16regulations of the department, he or she may amend or dismiss
17the civil penalty. The licensee shall be notified in writing of the
18regional manager’s decision within 60 days of the request to review
19the assessment of the civil penalty.

20(3) The licensee may further appeal to the program
21administrator of the Community Care Licensing Division within
2210 days of receipt of the notice of the regional manager’s decision
23and shall provide all supporting documentation at that time. If the
24program administrator determines that the civil penalty was not
25assessed in accordance with applicable statutes or regulations of
26the department, he or she may amend or dismiss the civil penalty.
27The licensee shall be notified in writing of the program
28administrator’s decision within 60 days of the request to review
29the regional manager’s decision.

30(4) The licensee may further appeal to the deputy director of
31the Community Care Licensing Division within 10 days of receipt
32of the notice of the program director’s decision and shall provide
33all supporting documentation at that time. If the deputy director
34determines that the civil penalty was not assessed in accordance
35with applicable statutes or regulations of the department, he or
36she may amend or dismiss the civil penalty. The licensee shall be
37notified in writing of the deputy director’s decision within 60 days
38of the request to review the program administrator’s decision.

39(5) Upon exhausting the deputy director review, a licensee may
40appeal a civil penalty assessed pursuant to subdivision (d) or (e)
P23   1to an administrative law judge. Proceedings shall be conducted
2in accordance with Chapter 5 (commencing with Section 11500)
3of Part 1 of Division 3 of Title 2 of the Government Code, and the
4department shall have all the powers granted by those provisions.
5In all proceedings conducted in accordance with this section, the
6standard of proof shall be by a preponderance of the evidence.

7(6) If, in addition to an assessment of civil penalties, the
8department elects to file an administrative action to suspend or
9revoke the facility license that includes violations relating to the
10assessment of the civil penalties, the department review of the
11pending appeal shall cease and the assessment of the civil penalties
12shall be heard as part of the administrative action process.

13(k) The department shall, by January 1, 2016, amend its
14regulations to reflect the changes to this section made by the act
15that added this subdivision.

16(l) This section shall become operative on July 1, 2015.

end insert
17begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 1597.58 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
18amended to read:end insert

19

1597.58.  

(a) In addition to the suspension, temporary
20suspension, or revocation of a license issued under this chapter,
21the department may levy a civil penalty.

22(b) The amount of the civil penalty shall not be less than
23twenty-five dollars ($25) nor more than fifty dollars ($50) per day
24for each violation of this chapter except where the nature or
25seriousness of the violation or the frequency of the violation
26warrants a higher penalty or an immediate civil penalty assessment
27or both, as determined by the department. In no event shall a civil
28penalty assessment exceed one hundred fifty dollars ($150) per
29day per violation.

30(c) Notwithstanding Sections 1596.893a, 1596.893b, 1597.56,
31and 1597.62 the department shall assess an immediate civil penalty
32of one hundred fifty dollars ($150) per day per violation for any
33of the following serious violations:

34(1) Any violation that results in the injury, illness, or death of
35a child.

36(2) Absence of supervision, including, but not limited to, a child
37left unattended, a child left alone with a person under 18 years of
38age, and lack of supervision resulting in a child wandering away.

39(3) Accessible bodies of water.

40(4) Accessible firearms, ammunition, or both.

P24   1(5) Refused entry to a facility or any part of a facility in violation
2of Sections 1596.852, 1596.853, 1597.55abegin insert,end insert and 1597.55b.

3(6) The presence of an excluded person on the premises.

4(d) Notwithstanding Sections 1596.893a, 1596.893b, 1597.56
5and 1597.62, any family day care home that is cited for repeating
6the same violation of this chapter or Chapter 3.4 (commencing
7with Section 1596.70), within 12 months of the first violation is
8subject to an immediate civil penalty assessment of up to one
9hundred fifty dollars ($150) and may be assessed up to fifty dollars
10($50) for each day the violation continues until the deficiency is
11corrected.

12(e) Any family day care home that is assessed a civil penalty
13under subdivision (d) that repeats the same violation of this chapter
14within 12 months of the violation subject to subdivision (d) shall
15be assessed an immediate assessment of up to one hundred fifty
16dollars ($150) and may be assessed up to one hundred fifty dollars
17($150) for each day the violation continues until the deficiency is
18corrected.

19(f) Notwithstanding any otherbegin delete provision ofend delete law, revenues
20received by the state from the payment of civil penalties imposed
21on licensed family day care homes pursuant to this chapter or
22Chapter 3.4 (commencing with Section 1596.70), shall be deposited
23in the Child Health and Safety Fund, created pursuant to Chapter
244.6 (commencing with Section 18285) of Part 6 of Division 9 of
25the Welfare and Institutions Code, and shall be expended, upon
26appropriation by the Legislature, pursuant to subdivision (f) of
27Section 18285 of the Welfare and Institutions Code exclusively
28for the technical assistance, orientation, training, and education of
29licensed family day care home providers.

begin insert

30(g) This section shall become inoperative on July 1, 2015, and,
31as of January 1, 2016, is repealed, unless a later enacted statute,
32that becomes operative on or before January 1, 2016, deletes or
33extends the dates on which it becomes inoperative and is repealed.

end insert
34begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 1597.58 is added to the end insertbegin insertHealth and Safety
35Code
end insert
begin insert, to read:end insert

begin insert
36

begin insert1597.58.end insert  

(a) In addition to the suspension, temporary
37suspension, or revocation of a license issued under this chapter,
38the department may levy a civil penalty.

39(b) The amount of the civil penalty shall not be less than
40twenty-five dollars ($25) nor more than fifty dollars ($50) per day
P25   1for each violation of this chapter except where the nature or
2seriousness of the violation or the frequency of the violation
3warrants a higher penalty or an immediate civil penalty assessment
4or both, as determined by the department. In no event shall a civil
5penalty assessment exceed one hundred fifty dollars ($150) per
6day per violation.

7(c) Notwithstanding Sections 1596.893a, 1596.893b, 1597.56,
8and 1597.62 the department shall assess an immediate civil penalty
9of one hundred fifty dollars ($150) per day per violation for any
10of the following serious violations:

11(1) Any violation that results in the injury, illness, or death of
12a child.

13(2) Absence of supervision, including, but not limited to, a child
14left unattended, a child left alone with a person under 18 years of
15age, and lack of supervision resulting in a child wandering away.

16(3) Accessible bodies of water.

17(4) Accessible firearms, ammunition, or both.

18(5) Refused entry to a facility or any part of a facility in violation
19of Sections 1596.852, 1596.853, 1597.55a, and 1597.55b.

20(6) The presence of an excluded person on the premises.

21(d) For a violation that the department determines resulted in
22the death of a child, the civil penalty shall be assessed as follows:

23(1) Five thousand dollars ($5,000) for a small family day care
24home, as described in Section 1597.44.

25(2) Seven thousand five hundred dollars ($7,500) for a large
26family day care home, as described in Section 1597.465.

27(e) (1) For a violation that the department determines
28constitutes physical abuse or resulted in serious injury, as defined
29in Section 1596.8865, to a child, the civil penalty shall be assessed
30as follows:

31(A) One thousand dollars ($1,000) for a small family day care
32home, as described in Section 1597.44.

33(B) Two thousand dollars ($2,000) for a large family day care
34home, as described in Section 1597.465.

35(2) For purposes of this subdivision, “physical abuse” includes
36physical injury inflicted upon a child by another person by other
37than accidental means, sexual abuse as defined in Section 11165.1
38of the Penal Code, neglect as defined in Section 11165.2 of the
39Penal Code, or unlawful corporal punishment or injury as defined
40in Section 11165.4 of the Penal Code when the person responsible
P26   1for the child’s welfare is a licensee, administrator, or employee
2of any facility licensed to care for children, or an administrator
3or employee of a public or private school or other institution or
4agency.

5(f) Prior to the issuance of a citation imposing a civil penalty
6pursuant to subdivision (d) or (e), the decision shall be approved
7by the director.

8(g) Notwithstanding Sections 1596.893a, 1596.893b, 1597.56,
9and 1597.62, any family day care home that is cited for repeating
10the same violation of this chapter or Chapter 3.4 (commencing
11with Section 1596.70), within 12 months of the first violation is
12subject to an immediate civil penalty assessment of up to one
13hundred fifty dollars ($150) and may be assessed up to fifty dollars
14($50) for each day the violation continues until the deficiency is
15corrected.

16(h) Any family day care home that is assessed a civil penalty
17under subdivision (g) that repeats the same violation of this chapter
18within 12 months of the violation subject to subdivision (g) shall
19be assessed an immediate assessment of up to one hundred fifty
20dollars ($150) and may be assessed up to one hundred fifty dollars
21($150) for each day the violation continues until the deficiency is
22corrected.

23(i) Notwithstanding any other law, revenues received by the
24state from the payment of civil penalties imposed on licensed family
25day care homes pursuant to this chapter or Chapter 3.4
26(commencing with Section 1596.70), shall be deposited in the Child
27Health and Safety Fund, created pursuant to Chapter 4.6
28(commencing with Section 18285) of Part 6 of Division 9 of the
29Welfare and Institutions Code, and shall be expended, upon
30appropriation by the Legislature, pursuant to subdivision (f) of
31Section 18285 of the Welfare and Institutions Code exclusively for
32the technical assistance, orientation, training, and education of
33licensed family day care home providers, and to assist families
34with the identification, transportation, and enrollment of children
35to another family day care home when a family’s family day care
36home’s license is revoked or temporarily suspended.

37(j) (1) The department shall adopt regulations setting forth the
38appeal procedures for deficiencies.

39(2) A licensee shall have the right to submit to the department
40a written request for a formal review of a civil penalty assessed
P27   1pursuant to subdivisions (d) and (e) within 10 days of receipt of
2the notice of a civil penalty assessment and shall provide all
3supporting documentation at that time. The review shall be
4conducted by a regional manager of the Community Care Licensing
5Division. If the regional manager determines that the civil penalty
6was not assessed in accordance with applicable statutes or
7regulations of the department, he or she may amend or dismiss
8the civil penalty. The licensee shall be notified in writing of the
9regional manager’s decision within 60 days of the request to review
10the assessment of the civil penalty.

11(3) The licensee may further appeal to the program
12administrator of the Community Care Licensing Division within
1310 days of receipt of the notice of the regional manager’s decision
14and shall provide all supporting documentation at that time. If the
15program administrator determines that the civil penalty was not
16assessed in accordance with applicable statutes or regulations of
17the department, he or she may amend or dismiss the civil penalty.
18The licensee shall be notified in writing of the program
19administrator’s decision within 60 days of the request to review
20the regional manager’s decision.

21(4) The licensee may further appeal to the deputy director of
22the Community Care Licensing Division within 10 days of receipt
23of the notice of the program director’s decision and shall provide
24all supporting documentation at that time. If the deputy director
25determines that the civil penalty was not assessed in accordance
26with applicable statutes or regulations of the department, he or
27she may amend or dismiss the civil penalty. The licensee shall be
28notified in writing of the deputy director’s decision within 60 days
29of the request to review the program administrator’s decision.

30(5) Upon exhausting the deputy director review, a licensee may
31appeal a civil penalty assessed pursuant to subdivision (d) or (e)
32to an administrative law judge. Proceedings shall be conducted
33in accordance with Chapter 5 (commencing with Section 11500)
34of Part 1 of Division 3 of Title 2 of the Government Code, and the
35department shall have all the powers granted by those provisions.
36In all proceedings conducted in accordance with this section, the
37standard of proof shall be by a preponderance of the evidence.

38(6) If, in addition to an assessment of civil penalties, the
39 department elects to file an administrative action to suspend or
40revoke the facility license that includes violations relating to the
P28   1assessment of the civil penalties, the department review of the
2pending appeal shall cease and the assessment of the civil penalties
3shall be heard as part of the administrative action process.

4(k) The department shall, by January 1, 2016, amend its
5regulations to reflect the changes to this section made by the act
6that added this subdivision.

7(l) This section shall become operative on July 1, 2015.

end insert
begin delete
8

SECTION 1.  

Section 1569.48 of the Health and Safety Code
9 is amended to read:

10

1569.48.  

The Emergency Resident Relocation Fund is hereby
11established within the State Treasury. The department shall deposit
12into the fund 50 percent of each penalty assessed pursuant to
13Section 1569.49. Upon appropriation by the Legislature, moneys
14in the fund shall be used by the Community Care Licensing
15Division of the department to fund emergency resident relocation
16and care of residents when a facility’s license is revoked or
17temporarily suspended. The money in the fund shall cover costs,
18including, but not limited to, transportation expenses, expenses
19incurred in notifying family members, and any other costs directly
20associated with providing continuous care to the residents. The
21department shall seek the advice of providers in developing a state
22plan for emergency resident relocation.

23

SEC. 2.  

Section 1569.49 of the Health and Safety Code is
24amended to read:

25

1569.49.  

(a)  In addition to the suspension, temporary
26suspension, or revocation of a license issued under this chapter,
27the department may levy a civil penalty. The department shall
28adopt regulations setting forth the appeal procedures for
29deficiencies. The appeal procedure shall include notice to the
30complainant, affected residents, and, if possible, their legal
31representatives, and the opportunity to participate in the appeal.
32The appeal procedure shall include an option for review by an
33administrative law judge.

34(b)  The amount of the civil penalty shall not be less than one
35hundred dollars ($100) or more than two hundred fifty dollars
36($250) per day for each violation of this chapter, or of any
37regulations adopted by the department pursuant to this chapter.
38When assessed, the per-day civil penalty shall end once the licensee
39submits documentation of correction, if the correction is verified
40by the department.

P29   1(c) Notwithstanding Section 1569.33, the department shall assess
2an immediate civil penalty of one thousand dollars ($1,000) per
3day per violation for any of the following serious violations:

4(1) (A) Fire clearance violations, including, but not limited to,
5overcapacity, ambulatory status, inoperable smoke alarms, and
6inoperable fire alarm systems. The civil penalty shall not be
7assessed if the licensee has done either of the following:

8(i) Requested the appropriate fire clearance based on ambulatory,
9nonambulatory, or bedridden status, and the decision is pending.

10(ii) Initiated eviction proceedings.

11(B) A licensee denied a clearance for bedridden residents may
12appeal to the fire authority, and, if that appeal is denied, may
13subsequently appeal to the Office of the State Fire Marshal, and
14shall not be assessed an immediate civil penalty until the final
15appeal is decided, or after 60 days has passed from the date of the
16citation, whichever is earlier.

17(2) Absence of supervision as required by statute or regulation.

18(3) Accessible bodies of water, when prohibited in this chapter
19or regulations adopted pursuant to this chapter.

20(4) Accessible firearms, ammunition, or both.

21(5) Refused entry to a facility or any part of a facility in violation
22of Section 1569.32, 1569.33, or 1569.35.

23(6) The presence of an excluded person on the premises.

24(d) For a violation that the department determines was the direct
25proximate cause of death to a resident, the minimum civil penalty
26shall be five thousand dollars ($5,000) and the maximum civil
27penalty shall be fifteen thousand dollars ($15,000).

28(e) For a violation that the department determines was the direct
29proximate cause of “serious bodily injury” as defined in Section
3015610.67 of the Welfare and Institutions Code, the minimum civil
31penalty shall be one thousand dollars ($1,000) and the maximum
32civil penalty shall be ten thousand dollars ($10,000).

33(f) For a violation that the department determines constitutes
34“physical abuse” as defined in Section 15610.63 of the Welfare
35and Institutions Code, but does not result in “serious bodily injury”
36as defined in Section 15610.67 of the Welfare and Institutions
37Code, and it is determined by the department that the abuse was
38committed by the licensee or an employee of the licensee, the
39minimum civil penalty shall be five hundred dollars ($500) and
P30   1the maximum civil penalty shall be two thousand five hundred
2dollars ($2,500).

3(g) (1) In any action to enforce a citation issued under
4subdivision (d) or (e), the department shall have the burden of
5proving both of the following:

6(A) The violation was a direct proximate cause of the death or
7serious bodily injury of a resident.

8(B) The death or serious bodily injury resulted from an
9occurrence of a nature that the statute or regulation was designed
10to prevent.

11(2) If the department meets its burden of proof, the licensee
12shall have the burden of proving that the licensee did what might
13reasonably be expected of a residential care facility for the elderly
14licensee, acting under similar circumstances, to comply with the
15statute or regulation. If the licensee sustains this burden, then the
16citation shall be dismissed.

17(h) Prior to the issuance of a citation imposing a civil penalty
18under subdivision (d) or (e), the decision shall be reviewed by the
19department’s legal division and approved by the deputy director.

20(i) Notwithstanding Section 1569.33, any residential care facility
21for the elderly that is cited for repeating the same violation of this
22chapter within 12 months of the first violation is subject to an
23immediate civil penalty of one thousand dollars ($1,000) and,
24thereafter, an ongoing civil penalty of two hundred dollars ($200)
25for each day the violation continues until the licensee submits
26documentation demonstrating that the deficiency is corrected, if
27the correction is verified by the department.

28(j) Any residential care facility for the elderly that is assessed
29a civil penalty pursuant to subdivision (i) that repeats the same
30violation of this chapter within 12 months of the violation subject
31to subdivision (i) shall be assessed an immediate civil penalty of
32two thousand dollars ($2,000) and, thereafter, an ongoing civil
33penalty of two hundred dollars ($200) for each day the violation
34continues until the licensee submits documentation demonstrating
35that the deficiency is corrected, if the correction is verified by the
36department.

37(k) In assessing a civil penalty for a violation under this section,
38the department shall consider all relevant information, including,
39but not limited to, both of the following:

P31   1(1) The probability and severity of the risk of harm that the
2violation presents to the residents’ mental and physical condition.

3(2) The good faith efforts of the facility to prevent the violation
4from occurring.

5(l) In any enforcement action taken by the department, the
6licensee shall be liable for the acts and omissions of its officers
7and employees.

8(m) The department shall adopt regulations implementing this
9section.

10(n) The department shall, by January 1, 2016, adopt amendments
11to its regulations adopted pursuant to this section in order to
12incorporate changes necessary to accommodate amendments to
13this section made by the act that added this subdivision. The
14regulations adopted or amended by the department pursuant to
15subdivision (m) shall remain in effect until amended by the
16department pursuant to this subdivision.

end delete


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