BILL NUMBER: AB 1001 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 14, 2016
AMENDED IN ASSEMBLY JANUARY 4, 2016
INTRODUCED BY Assembly Member Maienschein
( Coauthors: Assembly Members
Chávez and Gallagher )
( Coauthor: Senator Anderson
)
FEBRUARY 26, 2015
An act to amend Section 1554 1558
of, and to add Sections 1550.1 and Section
1556.5 to, the Health and Safety Code, and to amend Section
10605.5 of the Welfare and Institutions Code, relating to child
abuse.
LEGISLATIVE COUNSEL'S DIGEST
AB 1001, as amended, Maienschein. Child abuse: reporting: foster
family agencies.
(1) The Child Abuse and Neglect Reporting Act requires a mandated
reporter, as defined, to make a report to a specified agency whenever
the mandated reporter, in his or her professional capacity or within
the scope of his or her employment, has knowledge of or observes a
child whom the mandated reporter knows or reasonably suspects has
been the victim of child abuse or neglect. Under existing law, the
failure to make this report is a crime. Existing law also prohibits a
supervisor or administrator from impeding or inhibiting the
reporting duties, provides that a person making the report shall not
be subject to any sanctions for making the report, and prohibits
internal procedures to facilitate reporting from requiring any
employee required to make reports to disclose his or her identity to
the employer.
Existing law, the California Community Care Facilities Act (the
act), governs the licensing and regulation of community care
facilities, as defined, including foster family agencies for
children. Existing law vests responsibility for administering and
enforcing laws and regulations governing those facilities in the
State Department of Social Services. Existing law authorizes the
department to prohibit a person from being a member of the board of
directors, an executive director, or an officer of a licensee, or a
licensee from employing, or continuing the employment of, or allowing
in a licensed facility or certified family home, or allowing contact
with clients of a licensed facility or certified family home by, any
employee, prospective employee, or person who is not a client who
has committed various acts or has been denied an exemption to work or
to be present in a facility or certified family home, as specified.
This bill would require the department to deny an application for,
or suspend or revoke, a license pursuant to the act, upon a finding
that the applicant or licensee has impeded or inhibited those
mandated reporting duties, sanctioned a person making a report, or
required an employee to disclose his or her identity to the employer
in violation of the provisions described above governing mandated
reporters. The bill would prohibit the reinstatement of a license,
registration, or special permit that is suspended pursuant to this
provision, as specified. The bill would also impose other related
requirements on the department governing conditions of licensure.
This bill would require that if the department, as a condition of
licensure, requires the chief executive officer or other authorized
member of the board of directors and the administrator of a foster
family agency to attend an orientation give by the licensing agency
that outlines the applicable rules and regulations for operation of a
foster family agency, then that orientation shall include a
description of policies, procedures, or practices, that violate the
provisions described above governing mandated reporters. The bill
would also require the department to take reasonable action,
including, among other things, prohibiting a person from being a
member of the board of directors, upon a finding of a violation of
the provisions described above governing mandated reporters.
(2) Existing law requires the department, in consultation with
counties and labor organizations, to establish a process to receive
voluntary disclosures from social workers, if a social worker has
reasonable cause to believe that a policy, procedure, or practice,
related to the provision of child welfare services by a county child
welfare agency, meets any of specified conditions, including that the
policy, procedure, or practice endangers the health or well-being of
children or is contrary to an existing statute or
regulation. Existing law requires the department to make available to
counties and labor organizations a description of the process
established, and, no later than January 1, 2018, to report to the
Legislature the total number of relevant disclosures received from
social workers and a summary description of both the issues raised in
the disclosures received and the actions taken by the department in
response to the disclosures, and to post the information on the
department's Internet Web site.
This bill would, effective January 1, 2018, require the department
to carry out the duties imposed pursuant to these provisions with
respect to voluntary disclosures from social workers employed at a
foster family agency, as defined, including, but not limited to,
disclosures from social workers who have reasonable cause to believe
that a policy, procedure, or practice violates the provisions
governing mandated reporters described in paragraph (1). The bill
would require the department to make a report regarding this
information, similar to the report required pursuant to existing law,
no later than July 1, 2019, and to post the information on its
Internet Web site.
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 1550.1 is added to the
Health and Safety Code, to read:
1550.1. The department shall deny an application for, or suspend
or revoke, any license, or any special permit, certificate of
approval, or administrator certificate, issued under this chapter, or
shall deny a transfer of a license pursuant to paragraph (2) of
subdivision (c) of Section 1524, upon a finding that the applicant or
licensee has impeded or inhibited mandated reporting duties within
the meaning of subdivision (i) of Section 11166 of the Penal Code, or
sanctioned a person making a report within the meaning of that
subdivision, or required an employee to disclose his or her identity
to the employer in violation of that subdivision.
SEC. 2. Section 1554 of the Health and Safety
Code is amended to read:
1554. Any license, registration, or special permit suspended
pursuant to this chapter, and any special permit revoked pursuant to
this chapter, may be reinstated pursuant to the provisions of Section
11522 of the Government Code. This section does not apply to a
license, registration, or special permit that is suspended or to a
special permit that is revoked pursuant to Section 1550.1.
SEC. 3. SECTION 1. Section 1556.5 is
added to the Health and Safety Code, to read:
1556.5. (a) If the department, as a condition of licensure,
requires the chief executive officer or other authorized member of
the board of directors and the administrator of a foster family
agency to attend an orientation given by the licensing agency that
outlines the applicable rules and regulation
regulations for operation of a foster family agency, that
orientation shall include, but not be limited to, a description of
policies, procedures, or practices that violate paragraph (1) or (2)
of subdivision (i) of Section 11166 of the Penal Code.
(b) If the department requires, as part of an application for
licensure for a foster family agency, a written plan of operation,
that plan of operation shall include a written plan establishing
policies, procedures, or practices to ensure that the foster family
agency does not violate paragraph (1) or (2) of subdivision (i) of
Section 11166 of the Penal Code.
(c) For purposes of this section, a foster family agency is
defined in paragraph (4) of subdivision (a) of Section 1502.
SEC. 2. Section 1558 of the Health and
Safety Code is amended to read:
1558. (a) The department may prohibit any person from being a
member of the board of directors, an executive director, or an
officer of a licensee, or a licensee from employing, or continuing
the employment of, or allowing in a licensed facility or certified
family home, or allowing contact with clients of a licensed facility
or certified family home by, any employee, prospective employee, or
person who is not a client who has:
(1) Violated, or aided or permitted the violation by any other
person of, any provisions of this chapter or of any rules or
regulations promulgated under this chapter.
(2) Engaged in conduct that is inimical to the health, morals,
welfare, or safety of either the people of this state or an
individual in or receiving services from the facility or certified
family home.
(3) Been denied an exemption to work or to be present in a
facility or certified family home, when that person has been
convicted of a crime as defined in Section 1522.
(4) Engaged in any other conduct that would constitute a basis for
disciplining a licensee or certified family home.
(5) Engaged in acts of financial malfeasance concerning the
operation of a facility or certified family home, including, but not
limited to, improper use or embezzlement of client moneys and
property or fraudulent appropriation for personal gain of facility
moneys and property, or willful or negligent failure to provide
services.
(b) The excluded person, the facility or certified family home,
and the licensee shall be given written notice of the basis of the
department's action and of the excluded person's right to an appeal.
The notice shall be served either by personal service or by
registered mail. Within 15 days after the department serves the
notice, the excluded person may file with the department a written
appeal of the exclusion order. If the excluded person fails to file a
written appeal within the prescribed time, the department's action
shall be final.
(c) (1) The department may require the immediate removal of a
member of the board of directors, an executive director, or an
officer of a licensee or exclusion of an employee, prospective
employee, or person who is not a client from a facility or certified
family home pending a final decision of the matter, when, in the
opinion of the director, the action is necessary to protect residents
or clients from physical or mental abuse, abandonment, or any other
substantial threat to their health or safety.
(2) If the department requires the immediate removal of a member
of the board of directors, an executive director, or an officer of a
licensee or exclusion of an employee, prospective employee, or person
who is not a client from a facility or certified family home, the
department shall serve an order of immediate exclusion upon the
excluded person that shall notify the excluded person of the basis of
the department's action and of the excluded person's right to a
hearing.
(3) Within 15 days after the department serves an order of
immediate exclusion, the excluded person may file a written appeal of
the exclusion with the department. The department's action shall be
final if the excluded person does not appeal the exclusion within the
prescribed time. The department shall do the following upon receipt
of a written appeal:
(A) Within 30 days of receipt of the appeal, serve an accusation
upon the excluded person.
(B) Within 60 days of receipt of a notice of defense pursuant to
Section 11506 of the Government Code by the excluded person to
conduct a hearing on the accusation.
(4) An order of immediate exclusion of the excluded person from
the facility or certified family home shall remain in effect until
the hearing is completed and the director has made a final
determination on the merits. However, the order of immediate
exclusion shall be deemed vacated if the director fails to make a
final determination on the merits within 60 days after the original
hearing has been completed.
(d) An excluded person who files a written appeal with the
department pursuant to this section shall, as part of the written
request, provide his or her current mailing address. The excluded
person shall subsequently notify the department in writing of any
change in mailing address, until the hearing process has been
completed or terminated.
(e) Hearings held pursuant to this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Division
3 of Title 2 of the Government Code. The standard of proof shall be
the preponderance of the evidence and the burden of proof shall be on
the department.
(f) The department may institute or continue a disciplinary
proceeding against a member of the board of directors, an executive
director, or an officer of a licensee or an employee, prospective
employee, or person who is not a client upon any ground provided by
this section. The department may enter an order prohibiting any
person from being a member of the board of directors, an executive
director, or an officer of a licensee or prohibiting the excluded
person's employment or presence in the facility or certified family
home, or otherwise take disciplinary action against the excluded
person, notwithstanding any resignation, withdrawal of employment
application, or change of duties by the excluded person, or any
discharge, failure to hire, or reassignment of the excluded person by
the licensee or that the excluded person no longer has contact with
clients at the facility or certified family home.
(g) A licensee's or certified family home's failure to comply with
the department's exclusion order after being notified of the order
shall be grounds for disciplining the licensee pursuant to Section
1550.
(h) (1) (A) In cases where the excluded person appealed the
exclusion order, the person shall be prohibited from working in any
facility or being licensed to operate any facility licensed by the
department or from being a certified foster parent for the remainder
of the excluded person's life, unless otherwise ordered by the
department.
(B) The excluded individual may petition for reinstatement one
year after the effective date of the decision and order of the
department upholding the exclusion order pursuant to Section 11522 of
the Government Code. The department shall provide the excluded
person with a copy of Section 11522 of the Government Code with the
decision and order.
(2) (A) In cases where the department informed the excluded person
of his or her right to appeal the exclusion order and the excluded
person did not appeal the exclusion order, the person shall be
prohibited from working in any facility or being licensed to operate
any facility licensed by the department or a certified foster parent
for the remainder of the excluded person's life, unless otherwise
ordered by the department.
(B) The excluded individual may petition for reinstatement after
one year has elapsed from the date of the notification of the
exclusion order pursuant to Section 11522 of the Government Code. The
department shall provide the excluded person with a copy of Section
11522 of the Government Code with the exclusion order.
(i) Notwithstanding paragraph (2) of subdivision (a) or
subdivision (c) of Section 1550, the department shall take reasonable
action, including, but not limited to, prohibiting a person from
being a member of the board of directors, an executive director, or
an officer of a licensee of a licensed facility or certified family
home, or denying an application for, or suspending or revoking, a
license, special permit, certificate of approval, or administrator
certificate, issued under this chapter, or denying a transfer of a
license pursuant to paragraph (2) of subdivision (c) of Section 1524,
upon a finding of a violation of subdivision (i) of Section 11166 of
the Penal Code.
SEC. 4. SEC. 3. Section 10605.5 of
the Welfare and Institutions Code is amended to read:
10605.5. (a) (1) The department, in consultation with counties
and labor organizations, shall establish, no later than January 1,
2016, a process to receive voluntary disclosures from social workers,
if a social worker has reasonable cause to believe that a policy,
procedure, or practice, related to the provision of child welfare
services by a county child welfare agency, meets any of the following
conditions:
(A) Endangers the health or well-being of a child or children.
(B) Is contrary to existing statute or regulation.
(C) Is contrary to public policy.
(2) Notwithstanding any other law, the department shall not
disclose to any person or entity the identity of a social worker
making a disclosure described in paragraph (1), unless (A) the social
worker has consented to the disclosure or (B) there is an immediate
risk to the health and safety of a child.
(b) The department shall make available a description of the
process established pursuant to subdivision (a) to counties and labor
organizations.
(c) For purposes of this section, "county child welfare agency"
includes a county welfare department, child welfare department, and
any other county agency that employs social workers and is
responsible for the placement and supervision of children and youth
in foster care, including department social workers contracted by
counties to perform direct adoption services.
(d) (1) No later than January 1, 2018, the department shall report
to the Legislature only the following information:
(A) The total number of relevant disclosures received from social
workers, including the month and year the disclosure was received.
(B) A summary description of both of the following:
(i) The issues raised in the disclosures received from a social
worker.
(ii) The actions taken by the department in response to the
disclosures.
(2) No later than January 1, 2018, the department shall post on
its Internet Web site the information described in paragraph (1).
(3) The report required pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government Code.
(e) (1) Effective January 1, 2018, all of the duties imposed on
the department pursuant to subdivisions (a) and (b) shall apply with
respect to the receipt of voluntary disclosures from social workers
employed at a foster family agency, as defined in Section 1502 of the
Health and Safety Code, including, but not limited to, disclosures
from social workers who have reasonable cause to believe that a
policy, procedure, or practice violates paragraph (1) or (2) of
subdivision (i) of Section 11166 of the Penal Code.
(2) No later than July 1, 2019, the department shall report to the
Legislature only the following information:
(A) The total number of relevant disclosures received from social
workers employed at foster family agencies, including the month and
year the disclosure was received.
(B) A summary description of both of the following:
(i) The issues raised in the disclosures received from a social
worker.
(ii) The actions taken by the department in response to the
disclosures.
(3) No later than July 1, 2019, the department shall post on its
Internet Web site the information described in paragraph (1).
(4) The report required pursuant to paragraph (2) shall be
submitted in compliance with Section 9795 of the Government Code.