BILL NUMBER: AB 74	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  Section 1534 of the Health and Safety Code is amended
to read:
   1534.  (a) (1) (A) Except for foster family homes, every licensed
community care facility shall be subject to unannounced inspections
by the department.
   (B) Foster family homes shall be subject to announced inspections
by the department, except that a foster family home shall be subject
to unannounced inspections in response to a complaint, a plan of
correction, or under any of the circumstances set forth in
subparagraph (B) of paragraph (2).
   (2) (A) The department may inspect these facilities as often as
necessary to ensure the quality of care provided.
   (B) The department shall conduct an annual unannounced inspection
of a facility under any of the following circumstances:
   (i) When a license is on probation.
   (ii) When the terms of agreement in a facility compliance plan
require an annual inspection.
   (iii) When an accusation against a licensee is pending.
   (iv) When a facility requires an annual inspection as a condition
of receiving federal financial participation.
   (v) In order to verify that a person who has been ordered out of a
facility by the department is no longer at the facility. 
   (C) (i) The department shall conduct annual unannounced
inspections of no less than 20 percent of facilities, except for
foster family homes, not subject to an inspection under subparagraph
(B).  
   (ii) 
    (C)  The department shall conduct annual announced
inspections of no less than 20 percent of foster family homes not
subject to an inspection under subparagraph (B). 
   (iii) These inspections shall be conducted based on a random
sampling methodology developed by the department.  
   (iv) If the total citations issued by the department to facilities
exceed the previous year's total by 10 percent, the following year
the department shall increase the random sample by an additional 10
percent of the facilities not subject to an inspection under
subparagraph (B). The department may request additional resources to
increase the random sample by 10 percent.  
   (v) The department shall not inspect a licensed community care
facility less often than once every five years.  
   (D) (1) On or before July 1, 2016, the department shall conduct
annual unannounced visits to no less than 30 percent of facilities
that are not subject to an evaluation pursuant to subparagraph (B).
These unannounced visits shall be conducted based on a random
sampling methodology developed by the department. Under no
circumstances shall the department visit a licensed community care
facility less often than once every three years.  
   (2) On or before July 1, 2017, the department shall conduct annual
unannounced visits to no less than 20 percent of facilities that are
not subject to an evaluation pursuant to subparagraph (B). These
unannounced visits shall be conducted based on a random sampling
methodology developed by the department. Under no circumstances shall
the department visit a licensed community care facility less often
than once every two years.  
   (E) On and after July 1, 2018, the department shall conduct at
least one annual unannounced visit to each licensed community care
facility. 
   (3) In order to facilitate direct contact with group home clients,
the department may interview children who are clients of group homes
at any public agency or private agency at which the client may be
found, including, but not limited to, a juvenile hall, recreation or
vocational program, or a public or nonpublic school. The department
shall respect the rights of the child while conducting the interview,
including informing the child that he or she has the right not to be
interviewed and the right to have another adult present during the
interview.
   (4) The department shall notify the community care facility in
writing of all deficiencies in its compliance with the provisions of
this chapter and the rules and regulations adopted pursuant to this
chapter, and shall set a reasonable length of time for compliance by
the facility.
   (5) Reports on the results of each inspection, evaluation, or
consultation shall be kept on file in the department, and all
inspection reports, consultation reports, lists of deficiencies, and
plans of correction shall be open to public inspection.
   (b) (1) This section does not limit the authority of the
department to inspect or evaluate a licensed foster family agency, a
certified family home, or any aspect of a program in which a licensed
community care facility is certifying compliance with licensing
requirements.
   (2) (A) A foster family agency shall conduct an announced
inspection of a certified family home during the annual
recertification described in Section 1506 in order to ensure that the
certified family home meets all applicable licensing standards. A
foster family agency may inspect a certified family home as often as
necessary to ensure the quality of care provided.
   (B) In addition to the inspections required pursuant to
subparagraph (A), a foster family agency shall conduct an unannounced
inspection of a certified family home under any of the following
circumstances:
   (i) When a certified family home is on probation.
   (ii) When the terms of the agreement in a facility compliance plan
require an annual inspection.
   (iii) When an accusation against a certified family home is
pending.
   (iv) When a certified family home requires an annual inspection as
a condition of receiving federal financial participation.
   (v) In order to verify that a person who has been ordered out of a
certified family home by the department is no longer at the home.
   (3) Upon a finding of noncompliance by the department, the
department may require a foster family agency to deny or revoke the
certificate of approval of a certified family home, or take other
action the department may deem necessary for the protection of a
child placed with the certified family home. The certified parent or
prospective foster parent shall be afforded the due process provided
pursuant to this chapter.
   (4) If the department requires a foster family agency to deny or
revoke the certificate of approval, the department shall serve an
order of denial or revocation upon the certified or prospective
foster parent and foster family agency that shall notify the
certified or prospective foster parent of the basis of the department'
s action and of the certified or prospective foster parent's right to
a hearing.
   (5) Within 15 days after the department serves an order of denial
or revocation, the certified or prospective foster parent may file a
written appeal of the department's decision with the department. The
department's action shall be final if the certified or prospective
foster parent does not file a written appeal within 15 days after the
department serves the denial or revocation order.
   (6) The department's order of the denial or revocation of the
certificate of approval shall remain in effect until the hearing is
completed and the director has made a final determination on the
merits.
   (7) A certified or prospective foster parent who files a written
appeal of the department's order with the department pursuant to this
section shall, as part of the written request, provide his or her
current mailing address. The certified or prospective foster parent
shall subsequently notify the department in writing of any change in
mailing address, until the hearing process has been completed or
terminated.
   (8) Hearings held pursuant to this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code. In all proceedings
conducted in accordance with this section the standard of proof shall
be by a preponderance of the evidence.
   (9) The department may institute or continue a disciplinary
proceeding against a certified or prospective foster parent upon any
ground provided by this section or Section 1550, enter an order
denying or revoking the certificate of approval, or otherwise take
disciplinary action against the certified or prospective foster
parent, notwithstanding any resignation, withdrawal of application,
surrender of the certificate of approval, or denial or revocation of
the certificate of approval by the foster family agency.
   (10) A foster family agency's failure to comply with the
department's order to deny or revoke the certificate of approval by
placing or retaining children in care shall be grounds for
disciplining the licensee pursuant to Section 1550.
  SEC. 2.  Section 1569.33 of the Health and Safety Code is amended
to read:
   1569.33.  (a) Every licensed residential care facility for the
elderly shall be subject to unannounced visits by the department. The
department shall visit these facilities as often as necessary to
ensure the quality of care provided.
   (b) The department shall conduct an annual unannounced visit of a
facility under any of the following circumstances:
   (1) When a license is on probation.
   (2) When the terms of agreement in a facility compliance plan
require an annual evaluation.
   (3) When an accusation against a licensee is pending.
   (4) When a facility requires an annual visit as a condition of
receiving federal financial participation.
   (5) In order to verify that a person who has been ordered out of
the facility for the elderly by the department is no longer at the
facility.
   (c) (1)  The   On or before July 1, 2016, the
 department shall conduct annual unannounced visits to no less
than  20   30  percent of facilities 
that are  not subject to an evaluation  under 
 pursuant to  subdivision (b). These unannounced visits
shall be conducted based on a random sampling methodology developed
by the department.   Under no circumstances shall the
department visit a licensed residential care facility for the elderly
less often than once every three years. 
   (2) If the total citations issued by the department exceed the
previous year's total by 10 percent, the following year the
department shall increase the random sample by 10 percent of the
facilities not subject to an evaluation under subdivision (b). The
department may request additional resources to increase the random
sample by 10 percent. 
   (d) Under no circumstance shall the department visit a residential
care facility for the elderly less often than once every five years.
 
   (3) On or before July 1, 2017, the department shall conduct annual
unannounced visits to no less than 20 percent of facilities that are
not subject to an evaluation pursuant to subdivision (b). These
unannounced visits shall be conducted based on a random sampling
methodology developed by the department. Under no circumstance shall
the department visit a licensed residential care facility for the
elderly less often than once every two years.  
   (4) On and after July 1, 2018, the department shall conduct at
least one annual unannounced visit to each licensed residential care
facility for the elderly.  
   (e) 
    (   d)  (1) The department shall notify the
residential care facility for the elderly in writing of all
deficiencies in its compliance with the provisions of this chapter
and the rules and regulations adopted pursuant to this chapter.
   (2) Unless otherwise specified in the plan of correction, the
residential care facility for the elderly shall remedy the
deficiencies within 10 days of the notification. 
   (f) 
    (e)  (1) Reports on the results of each inspection,
evaluation, or consultation shall be kept on file in the department,
and all inspection reports, consultation reports, lists of
deficiencies, and plans of correction shall be open to public
inspection.
   (2) (A) The department shall post on its Internet Web site
information on how to obtain an inspection report.
   (B) It is the intent of the Legislature that the department shall
make inspection reports available on its Internet Web site by January
1, 2020. 
   (g) 
    (f)  As a part of the department's evaluation process,
the department shall review the plan of operation, training logs, and
marketing materials of any residential care facility for the elderly
that advertises or promotes special care, special programming, or a
special environment for persons with dementia to monitor compliance
with Sections 1569.626 and 1569.627. 
   (h) 
    (   g)  (1) The department shall design, or
cause to be designed, a poster that contains information on the
appropriate reporting agency in case of a complaint or emergency.
   (2) Each residential care facility for the elderly shall post this
poster in the main entryway of its facility.
  SEC. 3.  Section 1597.09 of the Health and Safety Code is amended
to read:
   1597.09.  (a) Each licensed child day care center shall be subject
to unannounced visits by the department. The department shall visit
these facilities as often as necessary to ensure the quality of care
provided.
   (b) The department shall conduct an annual unannounced visit to a
licensed child day care center under any of the following
circumstances:
   (1) When a license is on probation.
   (2) When the terms of agreement in a facility compliance plan
require an annual evaluation.
   (3) When an accusation against a licensee is pending.
   (4) In order to verify that a person who has been ordered out of a
child day care center by the department is no longer at the
facility.
   (c) (1)  The   On or before J   uly
1, 2016, the  department shall conduct an annual unannounced
visit to no less than  20   30  percent of
facilities not subject to an evaluation  under  
pursuant to  subdivision (b). These unannounced visits shall be
conducted based on a random sampling methodology developed by the
department.  Under no circumstance shall the department visit a
licensed child day care center less often than once every three
years. 
   (2) If the total citations issued by the department exceed the
previous year's total by 10 percent, the following year the
department shall increase the random sample by 10 percent of
facilities not subject to an evaluation under subdivision (b). The
department may request additional resources to increase the random
sample by 10 percent. 
   (d) Under no circumstance shall the department visit a licensed
child day care center less often than once every five years.
 
   (3) On or before July 1, 2017, the department shall conduct annual
unannounced visits to no less than 20 percent of the licensed child
day care centers that are not subject to an evaluation pursuant to
subdivision (b). These unannounced visits shall be conducted based on
a random sampling methodology developed by the department. Under no
circumstance shall the department visit a licensed child day care
center less often than once every two years.  
   (d) On and after July 1, 2018, the department shall conduct at
least one annual unannounced visit to each licensed child day care
center. 
  SEC. 4.  Section 1597.55a of the Health and Safety Code is amended
to read:
   1597.55a.  Every  licensed  family day care home shall be
subject to unannounced visits by the department as provided in this
section. The department shall visit these facilities as often as
necessary to ensure the quality of care provided.
   (a) The department shall conduct an announced site visit prior to
the initial licensing of the applicant.
   (b) The department shall conduct an annual unannounced visit to a
facility under any of the following circumstances:
   (1) When a license is on probation.
   (2) When the terms of agreement in a facility compliance plan
require an annual evaluation.
   (3) When an accusation against a licensee is pending.
   (4) In order to verify that a person who has been ordered out of a
family day care home by the department is no longer at the facility.

   (c) (1)  The department   On or before July
1, 2016, the department  shall conduct annual unannounced visits
to no less than  20   30  percent of
facilities  that are  not subject to an evaluation 
under   pursuant to  subdivision (b). These
unannounced visits shall be conducted based on a random sampling
methodology developed by the department.    Under no
circumstance shall the department visit a licensed family day care
home less often than once every three years. 
   (2) If the total citations issued by the department exceed the
previous year's total by 10 percent, the following year the
department shall increase the random sample by 10 percent of the
facilities not subject to an evaluation under subdivision (b). The
department may request additional resources to increase the random
sample by 10 percent. 
   (d) Under no circumstance shall the department visit a licensed
family day care home less often than once every five years. 

   (3) On or before July 1, 2017, the department shall conduct annual
unannounced visits to no less than 20 percent of the licensed family
day care homes that are not subject to an evaluation pursuant to
subdivision (b). These unannounced visits shall be conducted based on
a random sampling methodology developed by the department. Under no
circumstance shall the department visit a licensed family day care
home less often than once every two years.  
   (d) On and after July 1, 2018, the department shall conduct at
least one annual unannounced visit to each licensed family day care
home. 
   (e) A public agency under contract with the department may make
spot checks if it does not result in any cost to the state. However,
spot checks shall not be required by the department.
   (f) The department or licensing agency shall make an unannounced
site visit on the basis of a complaint and a followup visit as
provided in Section 1596.853.
   (g) An unannounced site visit shall adhere to both of the
following conditions:
   (1) The visit shall take place only during the facility's normal
business hours or at any time family day care services are being
provided.
   (2) The inspection of the facility shall be limited to those parts
of the facility in which family day care services are provided or to
which the children have access.
   (h) The department shall implement this section during periods
that Section 1597.55b is not being implemented in accordance with
Section 18285.5 of the Welfare and Institutions Code.