Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1387


Introduced by Assembly Member Chu

February 27, 2015


An actbegin insert to amend Sections 1596.99 and 1597.58 of the Health and Safety Code,end insert relating to care facilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 1387, as amended, Chu. Care facilities: civilbegin delete penalties: appeals.end deletebegin insert penalties.end insert

begin insert

Existing law establishes the State Department of Social Services and sets forth its powers and duties, including, but not limited to, the licensing and administration of day care centers and family day care homes. Existing law authorizes the department to impose various civil penalties for a licensing violation under those provisions, as specified, and requires moneys collected from the imposition of those penalties to be deposited in the Child Health and Safety Fund and expended for certain purposes, including technical assistance, orientation, training, and education of licensed daycare centers.

end insert
begin insert

This bill would delete the requirement that moneys collected from the imposition of certain penalties and deposited in the Child Health and Safety Fund be used for assisting families with the identification, transportation, and enrollment of children in another day care center or family day care home upon the revocation or suspension of the license of a day care center or family day care home.

end insert
begin delete

Existing law establishes the State Department of Social Services and sets forth its powers and duties, including, but not limited to, the licensing and administration of community care facilities, residential care facilities for persons with chronic life-threatening illnesses, residential care facilities for the elderly, child day care centers, and family day care homes.

end delete

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

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 1596.99 of the end insertbegin insertHealth and Safety Codeend insertbegin insert,
2as added by Section 8 of Chapter 813 of the Statutes of 2014, is
3amended to read:end insert

4

1596.99.  

(a) In addition to the suspension, temporary
5suspension, or revocation of a license issued under this chapter or
6Chapter 3.4 (commencing with Section 1596.70), the department
7may levy a civil penalty.

8(b) The amount of the civil penalty shall not be less than
9twenty-five dollars ($25) nor more than fifty dollars ($50) per day
10for each violation of this chapter except where the nature or
11seriousness of the violation or the frequency of the violation
12warrants a higher penalty or an immediate civil penalty assessment,
13or both, as determined by the department. In no event shall a civil
14penalty assessment exceed one hundred fifty dollars ($150) per
15day per violation.

16(c) Notwithstanding Sections 1596.893a, 1596.893b, and
171596.98, the department shall assess an immediate civil penalty
18of one hundred fiftybegin insert dollarsend insert ($150) per day per violation for any
19of the following serious violations:

20(1) Fire clearance violations, including, but not limited to,
21overcapacity, inoperable smoke alarms, and inoperable fire alarm
22systems.

23(2) Absence of supervision, including, but not limited to, a child
24left unattended, supervision of a child by a person under 18 years
25of age, and lack of supervision resulting in a child wandering away.

26(3) Accessible bodies of water.

27(4) Accessible firearms, ammunition, or both.

28(5) Refused entry to a facility or any part of a facility in violation
29of Section 1596.852, 1596.853, or 1597.09.

30(6) The presence of an excluded person on the premises.

31(d) For a violation that the department determines resulted in
32the death of a child, the civil penalty shall be assessed as follows:

P3    1(1) Seven thousand five hundred dollars ($7,500) for a licensee
2licensed, among all of the licensee’s facilities, to care for 30 or
3less children.

4(2) Ten thousand dollars ($10,000) for a licensee licensed,
5among all of the licensee’s facilities, to care for 31 to 100,
6inclusive, children.

7(3) Fifteen thousand dollars ($15,000) for a licensee licensed,
8among all of the licensee’s facilities, to care for more than 100
9children.

10(e) (1) For a violation that the department determines constitutes
11physical abuse or resulted in serious injury, as defined in Section
121596.8865, to a child, the civil penalty shall be assessed as follows:

13(A) Two thousand five hundred dollars ($2,500) for a licensee
14licensed, among all of the licensee’s facilities, to care for 30 or
15less children.

16(B) Five thousand dollars ($5,000) for a licensee licensed,
17among all of the licensee’s facilities, to care for 31 to 100,
18inclusive, children.

19(C) Ten thousand dollars ($10,000) for a licensee licensed,
20among all of the licensee’s facilities, to care for more than 100
21children.

22(2) For purposes of this subdivision, “physical abuse” includes
23physical injury inflicted upon a child by another person by other
24than accidental means, sexual abuse as defined in Section 11165.1
25of the Penal Code, neglect as defined in Section 11165.2 of the
26Penal Code, or unlawful corporal punishment or injury as defined
27in Section 11165.4 of the Penal Code when the person responsible
28for the child’s welfare is a licensee, administrator, or employee of
29any facility licensed to care for children, or an administrator or
30employee of a public or private school or other institution or
31agency.

32(f) begin deletePrior to end deletebegin insertBefore end insertthe issuance of a citation imposing a civil
33penalty pursuant to subdivision (d) or (e), the decision shall be
34approved by the director.

35(g) Notwithstanding Sections 1596.893a, 1596.893b, and
361596.98, any day care center that is cited for repeating the same
37violation of this chapter or Chapter 3.4 (commencing with Section
381596.70)begin delete,end delete within 12 months of the first violation is subject to an
39immediate civil penalty of one hundred fifty dollars ($150) for
40each day the violation continues until the deficiency is corrected.

P4    1(h) Any day care center that is assessed a civil penalty under
2subdivision (g) and that repeats the same violation of this chapter
3within 12 months of the violation subject to subdivision (g) shall
4be assessed an immediate civil penalty of one hundred fifty dollars
5($150) for each day the violation continues until the deficiency is
6corrected.

7(i) Notwithstanding any other law, revenues received by the
8state from the payment of civil penalties imposed on licensed child
9care centers pursuant to this chapter or Chapter 3.4 (commencing
10with Section 1596.70), shall be deposited in the Child Health and
11Safety Fund, created pursuant to Chapter 4.6 (commencing with
12Section 18285) of Part 6 of Division 9 of the Welfare and
13Institutions Code, and shall be expended, upon appropriation by
14the Legislature, pursuant to subdivision (f) of Section 18285 of
15the Welfare and Institutions Code exclusively for the technical
16assistance, orientation, training, and education of licensed day care
17centerbegin delete providers, and to assist families with the identification,
18transportation, and enrollment of children to another day care
19center when a family’s day care center’s license is revoked or
20temporarily suspended.end delete
begin insert providers.end insert

21(j) (1) The department shall adopt regulations setting forth the
22appeal procedures for deficiencies.

23(2) A licensee shall have the right to submit to the department
24a written request for a formal review of a civil penalty assessed
25pursuant to subdivisions (d) and (e) within 10 days of receipt of
26the notice of a civil penalty assessment and shall provide all
27supporting documentation at that time. The review shall be
28conducted by a regional manager of the Community Care Licensing
29Division. If the regional manager determines that the civil penalty
30was not assessed in accordance with applicable statutes or
31regulations of the department, he or she may amend or dismiss the
32civil penalty. The licensee shall be notified in writing of the
33regional manager’s decision within 60 days of the request to review
34the assessment of the civil penalty.

35(3) The licensee may further appeal to the program administrator
36of the Community Care Licensing Division within 10 days of
37receipt of the notice of the regional manager’s decision and shall
38provide all supporting documentation at that time. If the program
39administrator determines that the civil penalty was not assessed
40in accordance with applicable statutes or regulations of the
P5    1department, he or she may amend or dismiss the civil penalty. The
2licensee shall be notified in writing of the program administrator’s
3decision within 60 days of the request to review the regional
4manager’s decision.

5(4) The licensee may further appeal to the deputy director of
6the Community Care Licensing Division within 10 days of receipt
7of the notice of the program director’s decision and shall provide
8all supporting documentation at that time. If the deputy director
9 determines that the civil penalty was not assessed in accordance
10with applicable statutes or regulations of the department, he or she
11may amend or dismiss the civil penalty. The licensee shall be
12notified in writing of the deputy director’s decision within 60 days
13of the request to review the program administrator’s decision.

14(5) Upon exhausting the deputy director review, a licensee may
15appeal a civil penalty assessed pursuant to subdivision (d) or (e)
16to an administrative law judge. Proceedings shall be conducted in
17accordance with Chapter 5 (commencing with Section 11500) of
18Part 1 of Division 3 of Title 2 of the Government Code, and the
19department shall have all the powers granted by those provisions.
20In all proceedings conducted in accordance with this section, the
21standard of proof shall be by a preponderance of the evidence.

22(6) If, in addition to an assessment of civil penalties, the
23department elects to file an administrative action to suspend or
24revoke the facility license that includes violations relating to the
25assessment of the civil penalties, the department review of the
26pending appeal shall cease and the assessment of the civil penalties
27shall be heard as part of the administrative action process.

28(k) The department shall, by January 1, 2016, amend its
29regulations to reflect the changes to this section made by the act
30that added this subdivision.

31(l) This section shall become operative on July 1, 2015.

32begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 1597.58 of the end insertbegin insertHealth and Safety Codeend insertbegin insert, as
33added by Section 10 of Chapter 813 of the Statutes of 2014, is
34amended to read:end insert

35

1597.58.  

(a) In addition to the suspension, temporary
36suspension, or revocation of a license issued under this chapter,
37the department may levy a civil penalty.

38(b) The amount of the civil penalty shall not be less than
39twenty-five dollars ($25) nor more than fifty dollars ($50) per day
40for each violation of this chapter except where the nature or
P6    1seriousness of the violation or the frequency of the violation
2warrants a higher penalty or an immediate civil penalty assessment
3or both, as determined by the department. In no event shall a civil
4penalty assessment exceed one hundred fifty dollars ($150) per
5day per violation.

6(c) Notwithstanding Sections 1596.893a, 1596.893b, 1597.56,
7and 1597.62 the department shall assess an immediate civil penalty
8of one hundred fifty dollars ($150) per day per violation for any
9of the following serious violations:

10(1) Any violation that results in the injury, illness, or death of
11a child.

12(2) Absence of supervision, including, but not limited to, a child
13left unattended, a child left alone with a person under 18 years of
14age, and lack of supervision resulting in a child wandering away.

15(3) Accessible bodies of water.

16(4) Accessible firearms, ammunition, or both.

17(5) Refused entry to a facility or any part of a facility in violation
18 of Sections 1596.852, 1596.853, 1597.55a, and 1597.55b.

19(6) The presence of an excluded person on the premises.

20(d) For a violation that the department determines resulted in
21the death of a child, the civil penalty shall be assessed as follows:

22(1) Five thousand dollars ($5,000) for a small family day care
23home, as described in Section 1597.44.

24(2) Seven thousand five hundred dollars ($7,500) for a large
25family day care home, as described in Section 1597.465.

26(e) (1) For a violation that the department determines constitutes
27physical abuse or resulted in serious injury, as defined in Section
281596.8865, to a child, the civil penalty shall be assessed as follows:

29(A) One thousand dollars ($1,000) for a small family day care
30home, as described in Section 1597.44.

31(B) Two thousand dollars ($2,000) for a large family day care
32home, as described in Section 1597.465.

33(2) For purposes of this subdivision, “physical abuse” includes
34physical injury inflicted upon a child by another person by other
35than accidental means, sexual abuse as defined in Section 11165.1
36of the Penal Code, neglect as defined in Section 11165.2 of the
37Penal Code, or unlawful corporal punishment or injury as defined
38in Section 11165.4 of the Penal Code when the person responsible
39for the child’s welfare is a licensee, administrator, or employee of
40any facility licensed to care for children, or an administrator or
P7    1employee of a public or private school or other institution or
2agency.

3(f)  begin deletePrior to end delete begin insertBefore end insertthe issuance of a citation imposing a civil
4penalty pursuant to subdivision (d) or (e), the decision shall be
5approved by the director.

6(g) Notwithstanding Sections 1596.893a, 1596.893b, 1597.56,
7and 1597.62, any family day care home that is cited for repeating
8the same violation of this chapter or Chapter 3.4 (commencing
9with Section 1596.70), within 12 months of the first violation is
10subject to an immediate civil penalty assessment of up to one
11hundred fifty dollars ($150) and may be assessed up to fifty dollars
12($50) for each day the violation continues until the deficiency is
13corrected.

14(h) Any family day care home that is assessed a civil penalty
15under subdivision (g) that repeats the same violation of this chapter
16within 12 months of the violation subject to subdivision (g) shall
17be assessed an immediate assessment of up to one hundred fifty
18dollars ($150) and may be assessed up to one hundred fifty dollars
19($150) for each day the violation continues until the deficiency is
20corrected.

21(i) Notwithstanding any other law, revenues received by the
22state from the payment of civil penalties imposed on licensed
23family day care homes pursuant to this chapter or Chapter 3.4
24(commencing with Section 1596.70), shall be deposited in the
25Child Health and Safety Fund, created pursuant to Chapter 4.6
26(commencing with Section 18285) of Part 6 of Division 9 of the
27Welfare and Institutions Code, and shall be expended, upon
28appropriation by the Legislature, pursuant to subdivision (f) of
29Section 18285 of the Welfare and Institutions Code exclusively
30for the technical assistance, orientation, training, and education of
31licensed family day care home begin delete providers, and to assist families
32with the identification, transportation, and enrollment of children
33to another family day care home when a family’s family day care
34home’s license is revoked or temporarily suspended.end delete
begin insert providers.end insert

35(j) (1) The department shall adopt regulations setting forth the
36appeal procedures for deficiencies.

37(2) A licensee shall have the right to submit to the department
38a written request for a formal review of a civil penalty assessed
39pursuant to subdivisions (d) and (e) within 10 days of receipt of
40the notice of a civil penalty assessment and shall provide all
P8    1supporting documentation at that time. The review shall be
2conducted by a regional manager of the Community Care Licensing
3Division. If the regional manager determines that the civil penalty
4was not assessed in accordance with applicable statutes or
5regulations of the department, he or she may amend or dismiss the
6civil penalty. The licensee shall be notified in writing of the
7regional manager’s decision within 60 days of the request to review
8the assessment of the civil penalty.

9(3) The licensee may further appeal to the program administrator
10of the Community Care Licensing Division within 10 days of
11receipt of the notice of the regional manager’s decision and shall
12provide all supporting documentation at that time. If the program
13administrator determines that the civil penalty was not assessed
14in accordance with applicable statutes or regulations of the
15department, he or she may amend or dismiss the civil penalty. The
16licensee shall be notified in writing of the program administrator’s
17decision within 60 days of the request to review the regional
18manager’s decision.

19(4) The licensee may further appeal to the deputy director of
20the Community Care Licensing Division within 10 days of receipt
21of the notice of the program director’s decision and shall provide
22all supporting documentation at that time. If the deputy director
23determines that the civil penalty was not assessed in accordance
24with applicable statutes or regulations of the department, he or she
25may amend or dismiss the civil penalty. The licensee shall be
26notified in writing of the deputy director’s decision within 60 days
27of the request to review the program administrator’s decision.

28(5) Upon exhausting the deputy director review, a licensee may
29appeal a civil penalty assessed pursuant to subdivision (d) or (e)
30to an administrative law judge. Proceedings shall be conducted in
31accordance with Chapter 5 (commencing with Section 11500) of
32Part 1 of Division 3 of Title 2 of the Government Code, and the
33department shall have all the powers granted by those provisions.
34In all proceedings conducted in accordance with this section, the
35standard of proof shall be by a preponderance of the evidence.

36(6) If, in addition to an assessment of civil penalties, the
37department elects to file an administrative action to suspend or
38revoke the facility license that includes violations relating to the
39assessment of the civil penalties, the department review of the
P9    1pending appeal shall cease and the assessment of the civil penalties
2shall be heard as part of the administrative action process.

3(k) The department shall, by January 1, 2016, amend its
4regulations to reflect the changes to this section made by the act
5that added this subdivision.

6(l) This section shall become operative on July 1, 2015.

begin delete
7

SECTION 1.  

It is the intent of the Legislature to enact
8legislation that would revise the appeal procedures for a deficiency
9of a care facility licensed by the State Department of Social
10Services.

end delete


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