California Legislature—2015–16 Regular Session

Assembly BillNo. 74


Introduced by Assembly Member Calderon

January 5, 2015


An act to amend Sections 1534, 1569.33, 1597.09, and 1597.55a of the Health and Safety Code, relating to care facilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 74, as introduced, Calderon. Care facilities: regulatory visits.

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

This bill would instead make every facility of the types described above, except for, subject to an annual unannounced visit by the department on and after July 1, 2018. The bill would revise the provisions requiring the department to conduct annual unannounced visits to no less than 20% of the facilities by instead requiring the department to conduct annual unannounced visits to no less than 30% of facilities on or before July 1, 2016, and no less than 20% of those facilities on or before July 1, 2017. The bill would also delete the provisions requiring an unannounced visit at least once every 5 years.

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

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

P2    1

SECTION 1.  

Section 1534 of the Health and Safety Code is
2amended to read:

3

1534.  

(a) (1) (A) Except for foster family homes, every
4licensed community care facility shall be subject to unannounced
5inspections by the department.

6(B) Foster family homes shall be subject to announced
7inspections by the department, except that a foster family home
8shall be subject to unannounced inspections in response to a
9complaint, a plan of correction, or under any of the circumstances
10set forth in subparagraph (B) of paragraph (2).

11(2) (A) The department may inspect these facilities as often as
12necessary to ensure the quality of care provided.

13(B) The department shall conduct an annual unannounced
14inspection of a facility under any of the following circumstances:

15(i) When a license is on probation.

16(ii) When the terms of agreement in a facility compliance plan
17require an annual inspection.

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

19(iv) When a facility requires an annual inspection as a condition
20of receiving federal financial participation.

21(v) In order to verify that a person who has been ordered out of
22a facility by the department is no longer at the facility.

begin delete

23(C) (i) The department shall conduct annual unannounced
24inspections of no less than 20 percent of facilities, except for foster
25family homes, not subject to an inspection under subparagraph
26(B).

end delete
begin delete

27(ii)

end delete

28begin insert(C)end insert The department shall conduct annual announced inspections
29of no less than 20 percent of foster family homes not subject to an
30inspection under subparagraph (B).

begin delete

31(iii) These inspections shall be conducted based on a random
32sampling methodology developed by the department.

33(iv) If the total citations issued by the department to facilities
34exceed the previous year’s total by 10 percent, the following year
35the department shall increase the random sample by an additional
P3    110 percent of the facilities not subject to an inspection under
2subparagraph (B). The department may request additional resources
3to increase the random sample by 10 percent.

4(v) The department shall not inspect a licensed community care
5facility less often than once every five years.

end delete
begin insert

6(D) (1) On or before July 1, 2016, the department shall conduct
7annual unannounced visits to no less than 30 percent of facilities
8that are not subject to an evaluation pursuant to subparagraph
9(B). These unannounced visits shall be conducted based on a
10random sampling methodology developed by the department. Under
11no circumstances shall the department visit a licensed community
12care facility less often than once every three years.

end insert
begin insert

13(2) On or before July 1, 2017, the department shall conduct
14annual unannounced visits to no less than 20 percent of facilities
15that are not subject to an evaluation pursuant to subparagraph
16(B). These unannounced visits shall be conducted based on a
17random sampling methodology developed by the department. Under
18no circumstances shall the department visit a licensed community
19care facility less often than once every two years.

end insert
begin insert

20(E) On and after July 1, 2018, the department shall conduct at
21least one annual unannounced visit to each licensed community
22care facility.

end insert

23(3) In order to facilitate direct contact with group home clients,
24the department may interview children who are clients of group
25 homes at any public agency or private agency at which the client
26may be found, including, but not limited to, a juvenile hall,
27recreation or vocational program, or a public or nonpublic school.
28The department shall respect the rights of the child while
29conducting the interview, including informing the child that he or
30she has the right not to be interviewed and the right to have another
31adult present during the interview.

32(4) The department shall notify the community care facility in
33writing of all deficiencies in its compliance with the provisions of
34this chapter and the rules and regulations adopted pursuant to this
35chapter, and shall set a reasonable length of time for compliance
36by the facility.

37(5) Reports on the results of each inspection, evaluation, or
38consultation shall be kept on file in the department, and all
39inspection reports, consultation reports, lists of deficiencies, and
40plans of correction shall be open to public inspection.

P4    1(b) (1) This section does not limit the authority of the
2department to inspect or evaluate a licensed foster family agency,
3a certified family home, or any aspect of a program in which a
4licensed community care facility is certifying compliance with
5licensing requirements.

6(2) (A) A foster family agency shall conduct an announced
7inspection of a certified family home during the annual
8recertification described in Section 1506 in order to ensure that
9the certified family home meets all applicable licensing standards.
10A foster family agency may inspect a certified family home as
11often as necessary to ensure the quality of care provided.

12(B) In addition to the inspections required pursuant to
13 subparagraph (A), a foster family agency shall conduct an
14unannounced inspection of a certified family home under any of
15the following circumstances:

16(i) When a certified family home is on probation.

17(ii) When the terms of the agreement in a facility compliance
18plan require an annual inspection.

19(iii) When an accusation against a certified family home is
20pending.

21(iv) When a certified family home requires an annual inspection
22as a condition of receiving federal financial participation.

23(v) In order to verify that a person who has been ordered out of
24a certified family home by the department is no longer at the home.

25(3) Upon a finding of noncompliance by the department, the
26department may require a foster family agency to deny or revoke
27the certificate of approval of a certified family home, or take other
28action the department may deem necessary for the protection of a
29child placed with the certified family home. The certified parent
30or prospective foster parent shall be afforded the due process
31provided pursuant to this chapter.

32(4) If the department requires a foster family agency to deny or
33revoke the certificate of approval, the department shall serve an
34order of denial or revocation upon the certified or prospective
35foster parent and foster family agency that shall notify the certified
36or prospective foster parent of the basis of the department’s action
37and of the certified or prospective foster parent’s right to a hearing.

38(5) Within 15 days after the department serves an order of denial
39or revocation, the certified or prospective foster parent may file a
40written appeal of the department’s decision with the department.
P5    1The department’s action shall be final if the certified or prospective
2foster parent does not file a written appeal within 15 days after the
3department serves the denial or revocation order.

4(6) The department’s order of the denial or revocation of the
5certificate of approval shall remain in effect until the hearing is
6completed and the director has made a final determination on the
7merits.

8(7) A certified or prospective foster parent who files a written
9appeal of the department’s order with the department pursuant to
10this section shall, as part of the written request, provide his or her
11current mailing address. The certified or prospective foster parent
12shall subsequently notify the department in writing of any change
13in mailing address, until the hearing process has been completed
14or terminated.

15(8) Hearings held pursuant to this section shall be conducted in
16accordance with Chapter 5 (commencing with Section 11500) of
17Part 1 of Division 3 of Title 2 of the Government Code. In all
18proceedings conducted in accordance with this section the standard
19of proof shall be by a preponderance of the evidence.

20(9) The department may institute or continue a disciplinary
21proceeding against a certified or prospective foster parent upon
22any ground provided by this section or Section 1550, enter an order
23denying or revoking the certificate of approval, or otherwise take
24disciplinary action against the certified or prospective foster parent,
25notwithstanding any resignation, withdrawal of application,
26surrender of the certificate of approval, or denial or revocation of
27the certificate of approval by the foster family agency.

28(10) A foster family agency’s failure to comply with the
29department’s order to deny or revoke the certificate of approval
30by placing or retaining children in care shall be grounds for
31disciplining the licensee pursuant to Section 1550.

32

SEC. 2.  

Section 1569.33 of the Health and Safety Code is
33amended to read:

34

1569.33.  

(a) Every licensed residential care facility for the
35elderly shall be subject to unannounced visits by the department.
36The department shall visit these facilities as often as necessary to
37ensure the quality of care provided.

38(b) The department shall conduct an annual unannounced visit
39of a facility under any of the following circumstances:

40(1) When a license is on probation.

P6    1(2) When the terms of agreement in a facility compliance plan
2require an annual evaluation.

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

4(4) When a facility requires an annual visit as a condition of
5receiving federal financial participation.

6(5) In order to verify that a person who has been ordered out of
7the facility for the elderly by the department is no longer at the
8facility.

9(c) (1) begin deleteThe end deletebegin insertOn or before July 1, 2016, the end insertdepartment shall
10conduct annual unannounced visits to no less thanbegin delete 20end deletebegin insert 30end insert percent
11of facilitiesbegin insert that areend insert not subject to an evaluationbegin delete underend deletebegin insert pursuant
12toend insert
subdivision (b). These unannounced visits shall be conducted
13based on a random sampling methodology developed by the
14department.begin insert end insertbegin insertUnder no circumstances shall the department visit a
15licensed residential care facility for the elderly less often than once
16every three years.end insert

17(2) If the total citations issued by the department exceed the
18previous year’s total by 10 percent, the following year the
19department shall increase the random sample by 10 percent of the
20facilities not subject to an evaluation under subdivision (b). The
21department may request additional resources to increase the random
22sample by 10 percent.

begin delete

23(d) Under no circumstance shall the department visit a residential
24care facility for the elderly less often than once every five years.

end delete
begin insert

25(3) On or before July 1, 2017, the department shall conduct
26annual unannounced visits to no less than 20 percent of facilities
27that are not subject to an evaluation pursuant to subdivision (b).
28These unannounced visits shall be conducted based on a random
29sampling methodology developed by the department. Under no
30circumstance shall the department visit a licensed residential care
31facility for the elderly less often than once every two years.

end insert
begin insert

32(4) On and after July 1, 2018, the department shall conduct at
33least one annual unannounced visit to each licensed residential
34care facility for the elderly.

end insert
begin delete

35(e)

end delete

36begin insert(end insertbegin insertd)end insert (1) The department shall notify the residential care facility
37for the elderly in writing of all deficiencies in its compliance with
38the provisions of this chapter and the rules and regulations adopted
39pursuant to this chapter.

P7    1(2) Unless otherwise specified in the plan of correction, the
2residential care facility for the elderly shall remedy the deficiencies
3within 10 days of the notification.

begin delete

4(f)

end delete

5begin insert(e)end insert (1) Reports on the results of each inspection, evaluation, or
6consultation shall be kept on file in the department, and all
7inspection reports, consultation reports, lists of deficiencies, and
8plans of correction shall be open to public inspection.

9(2) (A) The department shall post on its Internet Web site
10information on how to obtain an inspection report.

11(B) It is the intent of the Legislature that the department shall
12make inspection reports available on its Internet Web site by
13January 1, 2020.

begin delete

14(g)

end delete

15begin insert(f)end insert As a part of the department’s evaluation process, the
16department shall review the plan of operation, training logs, and
17marketing materials of any residential care facility for the elderly
18that advertises or promotes special care, special programming, or
19a special environment for persons with dementia to monitor
20compliance with Sections 1569.626 and 1569.627.

begin delete

21(h)

end delete

22begin insert(end insertbegin insertg)end insert (1) The department shall design, or cause to be designed,
23a poster that contains information on the appropriate reporting
24agency in case of a complaint or emergency.

25(2) Each residential care facility for the elderly shall post this
26poster in the main entryway of its facility.

27

SEC. 3.  

Section 1597.09 of the Health and Safety Code is
28amended to read:

29

1597.09.  

(a) Each licensed child day care center shall be
30subject to unannounced visits by the department. The department
31shall visit these facilities as often as necessary to ensure the quality
32of care provided.

33(b) The department shall conduct an annual unannounced visit
34to a licensed child day care center under any of the following
35circumstances:

36(1) When a license is on probation.

37(2) When the terms of agreement in a facility compliance plan
38require an annual evaluation.

39(3) When an accusation against a licensee is pending.

P8    1(4) In order to verify that a person who has been ordered out of
2a child day care center by the department is no longer at the facility.

3(c) (1) begin deleteThe end deletebegin insertOn or before July 1, 2016, the end insertdepartment shall
4conduct an annual unannounced visit to no less thanbegin delete 20end deletebegin insert 30end insert percent
5of facilities not subject to an evaluationbegin delete underend deletebegin insert pursuant toend insert
6 subdivision (b). These unannounced visits shall be conducted based
7on a random sampling methodology developed by the department.
8begin insert Under no circumstance shall the department visit a licensed child
9day care center less often than once every three years.end insert

10(2) If the total citations issued by the department exceed the
11previous year’s total by 10 percent, the following year the
12department shall increase the random sample by 10 percent of
13facilities not subject to an evaluation under subdivision (b). The
14department may request additional resources to increase the random
15sample by 10 percent.

begin delete

16(d) Under no circumstance shall the department visit a licensed
17child day care center less often than once every five years.

end delete
begin insert

18(3) On or before July 1, 2017, the department shall conduct
19annual unannounced visits to no less than 20 percent of the
20licensed child day care centers that are not subject to an evaluation
21pursuant to subdivision (b). These unannounced visits shall be
22conducted based on a random sampling methodology developed
23 by the department. Under no circumstance shall the department
24visit a licensed child day care center less often than once every
25two years.

end insert
begin insert

26(d) On and after July 1, 2018, the department shall conduct at
27least one annual unannounced visit to each licensed child day care
28center.

end insert
29

SEC. 4.  

Section 1597.55a of the Health and Safety Code is
30amended to read:

31

1597.55a.  

Everybegin insert licensedend insert family day care home shall be subject
32to unannounced visits by the department as provided in this section.
33The department shall visit these facilities as often as necessary to
34ensure the quality of care provided.

35(a) The department shall conduct an announced site visit prior
36to the initial licensing of the applicant.

37(b) The department shall conduct an annual unannounced visit
38to a facility under any of the following circumstances:

39(1) When a license is on probation.

P9    1(2) When the terms of agreement in a facility compliance plan
2require an annual evaluation.

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

4(4) In order to verify that a person who has been ordered out of
5a family day care home by the department is no longer at the
6facility.

7(c) (1) begin deleteThe department end deletebegin insertOn or before July 1, 2016, the
8department end insert
shall conduct annual unannounced visits to no less
9thanbegin delete 20end deletebegin insert 30end insert percent of facilitiesbegin insert that areend insert not subject to an evaluation
10begin delete underend deletebegin insert pursuant toend insert subdivision (b). These unannounced visits shall
11be conducted based on a random sampling methodology developed
12by the department.begin insert end insertbegin insertUnder no circumstance shall the department
13visit a licensed family day care home less often than once every
14three years.end insert

15(2) If the total citations issued by the department exceed the
16previous year’s total by 10 percent, the following year the
17department shall increase the random sample by 10 percent of the
18facilities not subject to an evaluation under subdivision (b). The
19department may request additional resources to increase the random
20sample by 10 percent.

begin delete

21(d) Under no circumstance shall the department visit a licensed
22family day care home less often than once every five years.

end delete
begin insert

23(3) On or before July 1, 2017, the department shall conduct
24annual unannounced visits to no less than 20 percent of the
25licensed family day care homes that are not subject to an
26evaluation pursuant to subdivision (b). These unannounced visits
27shall be conducted based on a random sampling methodology
28developed by the department. Under no circumstance shall the
29department visit a licensed family day care home less often than
30once every two years.

end insert
begin insert

31(d) On and after July 1, 2018, the department shall conduct at
32least one annual unannounced visit to each licensed family day
33care home.

end insert

34(e) A public agency under contract with the department may
35make spot checks if it does not result in any cost to the state.
36However, spot checks shall not be required by the department.

37(f) The department or licensing agency shall make an
38unannounced site visit on the basis of a complaint and a followup
39visit as provided in Section 1596.853.

P10   1(g) An unannounced site visit shall adhere to both of the
2following conditions:

3(1) The visit shall take place only during the facility’s normal
4business hours or at any time family day care services are being
5provided.

6(2) The inspection of the facility shall be limited to those parts
7of the facility in which family day care services are provided or
8to which the children have access.

9(h) The department shall implement this section during periods
10that Section 1597.55b is not being implemented in accordance
11 with Section 18285.5 of the Welfare and Institutions Code.



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