Amended in Assembly April 7, 2015

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 amended, 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 forbegin insert foster family homesend insert, 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 thanbegin delete 20%end deletebegin insert 40%end insert 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.

23(C) The department shall conduct annual announced inspections
24of no less than 20 percent of foster family homes not subject to an
25inspection under subparagraph (B).

26(D) begin delete(1)end deletebegin deleteend deletebegin insert(i)end insertbegin insertend insert On or before July 1, 2016, the department shall
27conduct annual unannounced visits to no less than 30 percent of
28facilities that are not subject to an evaluation pursuant to
29subparagraph (B). These unannounced visits shall be conducted
30based on a random sampling methodology developed by the
31department. Under no circumstances shall the department visit a
32licensed community care facility less often than once every three
33years.

begin delete

13 P3    1(2)

end delete

2begin insert(ii)end insert On or before July 1, 2017, the department shall conduct
3annual unannounced visits to no less thanbegin delete 20end deletebegin insert 40end insert percent of facilities
4that are not subject to an evaluation pursuant to subparagraph (B).
5These unannounced visits shall be conducted based on a random
6sampling methodology developed by the department. Under no
7circumstances shall the department visit a licensed community
8care facility less often than once every two years.

9(E) On and after July 1, 2018, the department shall conduct at
10least one annual unannounced visit to each licensed community
11care facility.

12(3) In order to facilitate direct contact with group home clients,
13the department may interview children who are clients of group
14 homes at any public agency or private agency at which the client
15may be found, including, but not limited to, a juvenile hall,
16recreation or vocational program, or a public or nonpublic school.
17The department shall respect the rights of the child while
18conducting the interview, including informing the child that he or
19she has the right not to be interviewed and the right to have another
20adult present during the interview.

21(4) The department shall notify the community care facility in
22writing of all deficiencies in its compliance with the provisions of
23this chapter and the rules and regulations adopted pursuant to this
24chapter, and shall set a reasonable length of time for compliance
25by the facility.

26(5) Reports on the results of each inspection, evaluation, or
27consultation shall be kept on file in the department, and all
28inspection reports, consultation reports, lists of deficiencies, and
29plans of correction shall be open to public inspection.

30(b) (1) This section does not limit the authority of the
31department to inspect or evaluate a licensed foster family agency,
32a certified family home, or any aspect of a program in which a
33licensed community care facility is certifying compliance with
34licensing requirements.

35(2) (A) A foster family agency shall conduct an announced
36inspection of a certified family home during the annual
37recertification described in Section 1506 in order to ensure that
38the certified family home meets all applicable licensing standards.
39A foster family agency may inspect a certified family home as
40often as necessary to ensure the quality of care provided.

P4    1(B) In addition to the inspections required pursuant to
2 subparagraph (A), a foster family agency shall conduct an
3unannounced inspection of a certified family home under any of
4the following circumstances:

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

6(ii) When the terms of the agreement in a facility compliance
7plan require an annual inspection.

8(iii) When an accusation against a certified family home is
9pending.

10(iv) When a certified family home requires an annual inspection
11as a condition of receiving federal financial participation.

12(v) In order to verify that a person who has been ordered out of
13a certified family home by the department is no longer at the home.

14(3) Upon a finding of noncompliance by the department, the
15department may require a foster family agency to deny or revoke
16the certificate of approval of a certified family home, or take other
17action the department may deem necessary for the protection of a
18child placed with the certified family home. The certified parent
19or prospective foster parent shall be afforded the due process
20provided pursuant to this chapter.

21(4) If the department requires a foster family agency to deny or
22revoke the certificate of approval, the department shall serve an
23order of denial or revocation upon the certified or prospective
24foster parent and foster family agency that shall notify the certified
25or prospective foster parent of the basis of the department’s action
26and of the certified or prospective foster parent’s right to a hearing.

27(5) Within 15 days after the department serves an order of denial
28or revocation, the certified or prospective foster parent may file a
29written appeal of the department’s decision with the department.
30The department’s action shall be final if the certified or prospective
31foster parent does not file a written appeal within 15 days after the
32department serves the denial or revocation order.

33(6) The department’s order of the denial or revocation of the
34certificate of approval shall remain in effect until the hearing is
35completed and the director has made a final determination on the
36merits.

37(7) A certified or prospective foster parent who files a written
38appeal of the department’s order with the department pursuant to
39this section shall, as part of the written request, provide his or her
40current mailing address. The certified or prospective foster parent
P5    1shall subsequently notify the department in writing of any change
2in mailing address, until the hearing process has been completed
3or terminated.

4(8) Hearings held pursuant to this section shall be conducted in
5accordance with Chapter 5 (commencing with Section 11500) of
6Part 1 of Division 3 of Title 2 of the Government Code. In all
7proceedings conducted in accordance with this section the standard
8of proof shall be by a preponderance of the evidence.

9(9) The department may institute or continue a disciplinary
10proceeding against a certified or prospective foster parent upon
11any ground provided by this section or Section 1550, enter an order
12denying or revoking the certificate of approval, or otherwise take
13disciplinary action against the certified or prospective foster parent,
14notwithstanding any resignation, withdrawal of application,
15surrender of the certificate of approval, or denial or revocation of
16the certificate of approval by the foster family agency.

17(10) A foster family agency’s failure to comply with the
18department’s order to deny or revoke the certificate of approval
19by placing or retaining children in care shall be grounds for
20disciplining the licensee pursuant to Section 1550.

21

SEC. 2.  

Section 1569.33 of the Health and Safety Code is
22amended to read:

23

1569.33.  

(a) Every licensed residential care facility for the
24elderly shall be subject to unannounced visits by the department.
25The department shall visit these facilities as often as necessary to
26ensure the quality of care provided.

27(b) The department shall conduct an annual unannounced visit
28of a facility under any of the following circumstances:

29(1) When a license is on probation.

30(2) When the terms of agreement in a facility compliance plan
31require an annual evaluation.

32(3) When an accusation against a licensee is pending.

33(4) When a facility requires an annual visit as a condition of
34receiving federal financial participation.

35(5) In order to verify that a person who has been ordered out of
36the facility for the elderly by the department is no longer at the
37facility.

38(c) (1) On or before July 1, 2016, the department shall conduct
39annual unannounced visits to no less than 30 percent of facilities
40that are not subject to an evaluation pursuant to subdivision (b).
P6    1These unannounced visits shall be conducted based on a random
2sampling methodology developed by the department. Under no
3circumstances shall the department visit a licensed residential care
4facility for the elderly less often than once every three years.

5(2) If the total citations issued by the department exceed the
6previous year’s total by 10 percent, the following year the
7department shall increase the random sample by 10 percent of the
8facilities not subject to an evaluation under subdivision (b). The
9department may request additional resources to increase the random
10sample by 10 percent.

11(3) On or before July 1, 2017, the department shall conduct
12annual unannounced visits to no less thanbegin delete 20end deletebegin insert 40end insert percent of facilities
13that are not subject to an evaluation pursuant to subdivision (b).
14These unannounced visits shall be conducted based on a random
15sampling methodology developed by the department. Under no
16circumstance shall the department visit a licensed residential care
17facility for the elderly less often than once every two years.

18(4) On and after July 1, 2018, the department shall conduct at
19least one annual unannounced visit to each licensed residential
20care facility for the elderly.

21(d) (1) The department shall notify the residential care facility
22for the elderly in writing of all deficiencies in its compliance with
23the provisions of this chapter and the rules and regulations adopted
24pursuant to this chapter.

25(2) Unless otherwise specified in the plan of correction, the
26residential care facility for the elderly shall remedy the deficiencies
27within 10 days of the notification.

28(e) (1) Reports on the results of each inspection, evaluation, or
29consultation shall be kept on file in the department, and all
30inspection reports, consultation reports, lists of deficiencies, and
31plans of correction shall be open to public inspection.

32(2) (A) The department shall post on its Internet Web site
33information on how to obtain an inspection report.

34(B) It is the intent of the Legislature that the department shall
35make inspection reports available on its Internet Web site by
36January 1, 2020.

37(f) As a part of the department’s evaluation process, the
38department shall review the plan of operation, training logs, and
39marketing materials of any residential care facility for the elderly
40that advertises or promotes special care, special programming, or
P7    1a special environment for persons with dementia to monitor
2compliance with Sections 1569.626 and 1569.627.

3(g) (1) The department shall design, or cause to be designed,
4a poster that contains information on the appropriate reporting
5agency in case of a complaint or emergency.

6(2) Each residential care facility for the elderly shall post this
7poster in the main entryway of its facility.

8

SEC. 3.  

Section 1597.09 of the Health and Safety Code is
9amended to read:

10

1597.09.  

(a) Each licensed child day care center shall be
11subject to unannounced visits by the department. The department
12shall visit these facilities as often as necessary to ensure the quality
13of care provided.

14(b) The department shall conduct an annual unannounced visit
15to a licensed child day care center under any of the following
16circumstances:

17(1) When a license is on probation.

18(2) When the terms of agreement in a facility compliance plan
19require an annual evaluation.

20(3) When an accusation against a licensee is pending.

21(4) In order to verify that a person who has been ordered out of
22a child day care center by the department is no longer at the facility.

23(c) (1) On or before July 1, 2016, the department shall conduct
24an annual unannounced visit to no less than 30 percent of facilities
25not subject to an evaluation pursuant to subdivision (b). These
26unannounced visits shall be conducted based on a random sampling
27methodology developed by the department. Under no circumstance
28shall the department visit a licensed child day care center less often
29than once every three years.

30(2) If the total citations issued by the department exceed the
31previous year’s total by 10 percent, the following year the
32department shall increase the random sample by 10 percent of
33facilities not subject to an evaluation under subdivision (b). The
34department may request additional resources to increase the random
35sample by 10 percent.

36(3) On or before July 1, 2017, the department shall conduct
37annual unannounced visits to no less thanbegin delete 20end deletebegin insert 40end insert percent of the
38licensed child day care centers that are not subject to an evaluation
39pursuant to subdivision (b). These unannounced visits shall be
40conducted based on a random sampling methodology developed
P8    1by the department. Under no circumstance shall the department
2visit a licensed child day care center less often than once every
3two years.

4(d) On and after July 1, 2018, the department shall conduct at
5least one annual unannounced visit to each licensed child day care
6center.

7

SEC. 4.  

Section 1597.55a of the Health and Safety Code is
8amended to read:

9

1597.55a.  

Every licensed family day care home shall be subject
10 to unannounced visits by the department as provided in this section.
11The department shall visit these facilities as often as necessary to
12ensure the quality of care provided.

13(a) The department shall conduct an announced site visit prior
14to the initial licensing of the applicant.

15(b) The department shall conduct an annual unannounced visit
16to a facility under any of the following circumstances:

17(1) When a license is on probation.

18(2) When the terms of agreement in a facility compliance plan
19require an annual evaluation.

20(3) When an accusation against a licensee is pending.

21(4) In order to verify that a person who has been ordered out of
22a family day care home by the department is no longer at the
23facility.

24(c) (1) On or before July 1, 2016, the department shall conduct
25annual unannounced visits to no less than 30 percent of facilities
26that are not subject to an evaluation pursuant to subdivision (b).
27These unannounced visits shall be conducted based on a random
28sampling methodology developed by the department. Under no
29circumstance shall the department visit a licensed family day care
30home less often than once every three years.

31(2) If the total citations issued by the department exceed the
32previous year’s total by 10 percent, the following year the
33department shall increase the random sample by 10 percent of the
34facilities not subject to an evaluation under subdivision (b). The
35department may request additional resources to increase the random
36sample by 10 percent.

37(3) On or before July 1, 2017, the department shall conduct
38annual unannounced visits to no less thanbegin delete 20end deletebegin insert 40end insert percent of the
39licensed family day care homes that are not subject to an evaluation
40pursuant to subdivision (b). These unannounced visits shall be
P9    1conducted based on a random sampling methodology developed
2by the department. Under no circumstance shall the department
3visit a licensed family day care home less often than once every
4two years.

5(d) On and after July 1, 2018, the department shall conduct at
6least one annual unannounced visit to each licensed family day
7care home.

8(e) A public agency under contract with the department may
9make spot checks if it does not result in any cost to the state.
10However, spot checks shall not be required by the department.

11(f) The department or licensing agency shall make an
12unannounced site visit on the basis of a complaint and a followup
13visit as provided in Section 1596.853.

14(g) An unannounced site visit shall adhere to both of the
15following conditions:

16(1) The visit shall take place only during the facility’s normal
17business hours or at any time family day care services are being
18provided.

19(2) The inspection of the facility shall be limited to those parts
20of the facility in which family day care services are provided or
21to which the children have access.

22(h) The department shall implement this section during periods
23that Section 1597.55b is not being implemented in accordance
24 with Section 18285.5 of the Welfare and Institutions Code.



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