BILL ANALYSIS Ó
AB 74
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CONCURRENCE IN SENATE AMENDMENTS
AB
74 (Calderon)
As Amended September 2, 2015
Majority vote
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|ASSEMBLY: | 80-0 |(June 1, 2015) |SENATE: |40-0 |(September 8, |
| | | | | |2015) |
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Original Committee Reference: HUM. S.
SUMMARY: Phases in annual unannounced inspection visits in
licensed child day care centers and family day care homes.
Specifically, this bill:
1)Requires the Department of Social Services (DSS) to increase
the frequency of annual unannounced licensing visits of
licensed child day care centers and family day care homes per
the following:
a) Between January 1, 2018, and January 1, 2019, requires
DSS to conduct annual unannounced visits to at least a 20%
random sample of facilities that are not otherwise subject
to annual inspections to address compliance issues or meet
federal funding requirements. Requires facilities to be
visited at least once every two years.
b) Requires DSS to conduct at least one annual unannounced
visit in each licensed child day care center and family day
care home on and after January 1, 2019.
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The Senate amendments:
1)Delete provisions related to community care facilities and
residential care facilities for the elderly.
2)Establish a new phased-in schedule for annual unannounced
inspections in licensed child day care centers and family day
care homes beginning on January 1, 2018, and delete the
previous phased-in schedule for such visits, which required
annual unannounced visits in 40% of facilities by July 1,
2017, and annual unannounced visits in all facilities by July
1, 2018.
3)Clarify the timeline for phasing in annual visits, as
specified.
4)Delete provisions related to additional unannounced visit
requirements due to the number of citations issued by DSS.
FISCAL EFFECT: According to the Senate Appropriations
Committee, this bill may result in first-year licensing costs to
the DSS of $13.5 million and $10.5 million (General Fund)
annually thereafter.
COMMENTS:
Background: The Community Care Licensing Division (CCLD) of the
Department of Social Services is responsible for the regulatory
and licensing activities related to residential and
non-residential programs. CCLD is charged with providing
preventative and protective services to people in "community
care facilities" (24-hour senior, adult, and child residential
care homes, as well as non-residential programs, such as child
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care centers and adult day programs). CCLD is responsible for
conducting facility inspections within the facilities it
licenses, pursuing administrative actions when licensing
standards are not met and assisting providers to maintain
compliance with licensing regulations. CCLD also conducts
criminal background checks of licensees, employees and all
adults providing direct services to, or having routine contact
with, clients in care. Approximately 500 licensing analysts are
employed by CCLD to conduct inspections and complaint
investigations.
Prior to 2003, annual inspections were required for most
facilities; the 2003-04 state Budget Act reduced this to once
every five years. The last two state budgets enhanced supports
and made changes related to inspections. The 2014-15 Budget Act
included a 10% increase in annual licensing and application
fees, and investments in quality enhancement, including
increased staff, training, a quality assurance unit, and
centralization of application and complaint processes. The
2015-16 Budget Act adopted further supports and reforms,
including enacting upcoming changes to the frequency of
inspections: starting in January 2017, DSS will increase
inspections to once every three years for all facilities, then
to once every two years for all facilities except child care by
2018, then to annually for adult day care facilities and the
California Residential Care Facility for the Elderly's by 2019.
According to the author, "Increasing the frequency of licensing
visits will demonstrate that California is serious about
addressing the deficiency in our inspection process for
Community Care Facilities and will put California on par with
the inspection procedures of other states. Currently we have a
complaint based oversight system that is reactive to issues in
our facilities instead of being proactive to prevent issues or
fix and stop these issues before they become deadly. By at
least having a licensing program analyst, or inspector, in these
facilities, boots on the ground, once a year we will be able to
be proactive and no longer be operating under a complaints based
system. Facilities are in need of frequent inspections because
of the vulnerability of the clients these facilities serve and
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it is our job to make sure these individuals are being properly
taken care of."
Analysis Prepared by: Myesha Jackson / HUM. S. / (916)
319-2089FN: 0002100