Amended in Senate June 25, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1387


Introduced by Assembly Member Chu

February 27, 2015


An act to amend Sectionsbegin delete 1596.99end deletebegin insert 1548, 1568.0822, 1569.35, 1569.49, 1596.99,end insert and 1597.58 of the Health and Safety Code, relating to care facilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 1387, as amended, Chu. Care facilities: civilbegin delete penalties.end deletebegin insert penalties, deficiencies, and appeal procedures.end insert

begin delete

Existing

end delete

begin insert(1)end insertbegin insertend insertbegin insertExistingend insert law establishes the State Department of Social Services and sets forth its powers and duties, including, but not limited to, the licensing and administration ofbegin insert community care facilities, residential care facilities for persons with chronic life-threatening illnesses, residential care facilities for the elderly, childend insert day carebegin delete centersend deletebegin insert centers,end insert and family day care homes. Existing law authorizes begin deletetheend deletebegin insert any person to request an inspection of a residential care facility for the elderly by transmitting to the department notice of an alleged violation of applicable requirements prescribed by statutes or regulations, including, but not limited to, a denial of access of any person statutorily authorized to enter the facility. Under existing law, upon receipt of a complaint alleging denial of a statutory right of access to a residential facility for the elderly, the department is required to review the complaint and promptly notify the complainant of the department’s proposed course of action.end insert

begin insert

This bill would instead authorize any person to request an investigation of a residential care facility for the elderly by making a complaint to the department alleging a violation of the applicable statutes or regulations. The bill would delete the department’s above-described obligations relating to the denial of a statutory right of access and instead impose specified requirements on the department, including a pre-investigation interview, if a local long-term care ombudsman or the State Long-Term Care Ombudsman files a complaint alleging denial of a statutory right of access to a residential care facility for the elderly. The bill would impose other requirements on the department relating to investigations conducted pursuant to these provisions, including, among others, that within 10 days of completing the investigation of a complaint, the department notify the complainant in writing of the department’s determination as a result of the investigation and of the complainant’s right to appeal the findings. The bill would establish a process for a complainant to appeal the department’s investigation, findings, or enforcement actions resulting from the investigation.

end insert

begin insert (2)end insertbegin insertend insertbegin insertExisting law authorizes theend insert department to impose various civil penalties for a licensing violation underbegin delete thoseend deletebegin insert the above-describedend insert provisions, asbegin delete specified, and requiresend deletebegin insert specified. Existing law generally authorizes the department to impose a larger civil penalty for a violation that the department determines resulted in the death of a resident of or a person receiving care at one of those facilities, and for a violation that the department determines constitutes physical abuse of, or results in serious bodily injury to, a resident of or a person receiving care at one of those facilities. Prior to the issuance of a citation imposing one of those death, physical abuse, or serious bodily injury civil penalties, existing law requires the approval of the Director of Social Services.end insert

begin insert

This bill would instead require the approval of the program administrator of the Community Care Licensing Division of the department prior to the issuance of a citation imposing one of the death, physical abuse, or serious bodily injury civil penalties described above.

end insert
begin insert

(3) Existing law, beginning July 1, 2015, provides a licensee under the provisions described above the right to submit to the department a written request for a formal review of an assessment of the death, physical abuse, and serious bodily injury civil penalties described above by a regional manager of the Community Care Licensing Division of the department. Existing law establishes a process to appeal that review to the program administrator of the Community Care Licensing Division of the department, to further appeal to the deputy director of the Community Care Licensing Division of the department, and, upon exhausting the deputy director review, to an administrative law judge.

end insert
begin insert

This bill would revise the review process of an assessment of the death, physical abuse, and serious bodily injury civil penalties described above by, among other things, deleting the provisions relating to a regional manager of the Community Care Licensing Division of the department and the program administrator of the Community Care Licensing Division of the department. The bill would also establish a process to appeal any other civil penalty assessed pursuant to these provisions.

end insert
begin insert

(4) Existing law requires the department to notify the facilities described above in writing of all deficiencies in their compliance with specified provisions of law, and requires those facilities, unless otherwise specified, to remedy the deficiencies within certain time periods. Existing law requires the department to adopt regulations setting forth the appeal procedures for deficiencies.

end insert
begin insert

This bill would establish a process for a licensee to submit to the department a written request for a formal review of a finding of a deficiency, and to further appeal that review to the program administrator of the Community Care Licensing Division. The bill would also require a notification of a deficiency written by a representative of the department to include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.

end insert

begin insert(5)end insertbegin insertend insertbegin insertExisting law requiresend insert moneys collected from the imposition ofbegin delete thoseend deletebegin insert theend insert penaltiesbegin insert described above relating to child day care centers and family day care homesend insert 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.

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.

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P4    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertIt is the intent of the Legislature to enact
2legislation that would clarify the complaint process for residential
3care facilities for the elderly and revise the appeal procedures for
4a deficiency issued against a care facility licensed by the State
5Department of Social Services.end insert

6begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 1548 of the end insertbegin insertHealth and Safety Codeend insertbegin insert, as added
7by Section 2 of Chapter 813 of the Statutes of 2014, is amended
8to read:end insert

9

1548.  

(a) In addition to the suspension, temporary suspension,
10or revocation of a license issued under this chapter, the department
11may levy a civil penalty.

12(b) The amount of the civil penalty shall not be less than
13twenty-five dollars ($25) or more than fifty dollars ($50) per day
14for each violation of this chapter except where the nature or
15seriousness of the violation or the frequency of the violation
16warrants a higher penalty or an immediate civil penalty assessment,
17or both, as determined by the department. In no event, shall a civil
18penalty assessment exceed one hundred fifty dollars ($150) per
19day per violation.

20(c) Notwithstanding Section 1534, the department shall assess
21an immediate civil penalty of one hundred fifty dollars ($150) per
22day per violation for any of the following serious violations:

23(1) (A) Fire clearance violations, including, but not limited to,
24overcapacity, ambulatory status, inoperable smoke alarms, and
25inoperable fire alarm systems. The civil penalty shall not be
26assessed if the licensee has done either of the following:

27(i) Requested the appropriate fire clearance based on ambulatory,
28nonambulatory, or bedridden status, and the decision is pending.

29(ii) Initiated eviction proceedings.

30(B) A licensee denied a clearance for bedridden residents may
31appeal to the fire authority, and, if that appeal is denied, may
32subsequently appeal to the Office of the State Fire Marshal, and
33shall not be assessed an immediate civil penalty until the final
34appeal is decided, or after 60 days has passed from the date of the
35citation, whichever is earlier.

P5    1(2) Absence of supervision, as required by statute or regulation.

2(3) Accessible bodies of water when prohibited in this chapter
3or regulations adopted pursuant to this chapter.

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

5(5) Refused entry to a facility or any part of a facility in violation
6of Section 1533, 1534, or 1538.

7(6) The presence of an excluded person on the premises.

8(d) (1) For a violation that the department determines resulted
9in the death of a resident at an adult residential facility, social
10rehabilitation facility, enhanced behavioral supports home, or
11community crisis home, the civil penalty shall be fifteen thousand
12dollars ($15,000).

13(2) For a violation that the department determines resulted in
14the death of a person receiving care at an adult day program, the
15civil penalty shall be assessed as follows:

16(A) Seven thousand five hundred dollars ($7,500) for a licensee
17licensed, among all of the licensee’s facilities, to care for 50 or
18less persons.

19(B) Ten thousand dollars ($10,000) for a licensee licensed,
20among all of the licensee’s facilities, to care for more than 50
21persons.

22(3) For a violation that the department determines resulted in
23the death of a person receiving care at a therapeutic day services
24facility, foster family agency, community treatment facility,
25full-service adoption agency, noncustodial adoption agency,
26transitional shelter care facility, transitional housing placement
27provider, or group home, the civil penalty shall be assessed as
28follows:

29(A) Seven thousand five hundred dollars ($7,500) for a licensee
30licensed, among all of the licensee’s facilities, to care for 40 or
31less children.

32(B) Ten thousand dollars ($10,000) for a licensee licensed,
33among all of the licensee’s facilities, to care for 41 to 100,
34inclusive, children.

35(C) Fifteen thousand dollars ($15,000) for a licensee licensed,
36among all of the licensee’s facilities, to care for more than 100
37children.

38(4) For a violation that the department determines resulted in
39the death of a resident at a runaway and homeless youth shelter,
40the civil penalty shall be five thousand dollars ($5,000).

P6    1(e) (1) (A) For a violation that the department determines
2constitutes physical abuse, as defined in Section 15610.63 of the
3Welfare and Institutions Code, or resulted in serious bodily injury,
4as defined in Section 243 of the Penal Code, to a resident at an
5adult residential facility, social rehabilitation facility, enhanced
6behavioral supports home, or community crisis home, the civil
7penalty shall be ten thousand dollars ($10,000).

8(B) For a violation that the department determines constitutes
9physical abuse, as defined in Section 15610.63 of the Welfare and
10Institutions Code, or resulted in serious bodily injury, as defined
11in Section 243 of the Penal Code, to a person receiving care at an
12 adult day program, the civil penalty shall be assessed as follows:

13(i) Two thousand five hundred dollars ($2,500) for a licensee
14licensed, among all of the licensee’s facilities, to care for 50 or
15less persons.

16(ii) Five thousand dollars ($5,000) for a licensee licensed, among
17all of the licensee’s facilities, to care for more than 50 persons.

18(C) For a violation that the department determines constitutes
19physical abuse, as defined in paragraph (2), or resulted in serious
20bodily injury, as defined in Section 243 of the Penal Code, to a
21person receiving care at a therapeutic day services facility, foster
22family agency, community treatment facility, full-service adoption
23agency, noncustodial adoption agency, transitional shelter care
24facility, transitional housing placement provider, or group home,
25the civil penalty shall be assessed as follows:

26(i) Two thousand five hundred dollars ($2,500) for a licensee
27licensed, among all of the licensee’s facilities, to care for 40 or
28less children.

29(ii) Five thousand dollars ($5,000) for a licensee licensed, among
30all of the licensee’s facilities, to care for 41 to 100, inclusive,
31children.

32(iii) Ten thousand dollars ($10,000) for a licensee licensed,
33among all of the licensee’s facilities, to care for more than 100
34children.

35(D) For a violation that the department determines constitutes
36physical abuse, as defined in paragraph (2), or resulted in serious
37bodily injury, as defined in Section 243 of the Penal Code, to a
38resident at a runaway and homeless youth shelter, the civil penalty
39shall be one thousand dollars ($1,000).

P7    1(2) For purposes of subparagraphs (C) and (D), “physical abuse”
2includes physical injury inflicted upon a child by another person
3by other than accidental means, sexual abuse as defined in Section
411165.1 of the Penal Code, neglect as defined in Section 11165.2
5of the Penal Code, or unlawful corporal punishment or injury as
6defined in Section 11165.4 of the Penal Code when the person
7responsible for the child’s welfare is a licensee, administrator, or
8employee of any facility licensed to care for children.

9(f) Prior to the issuance of a citation imposing a civil penalty
10pursuant to subdivision (d) or (e), the decision shall be approved
11by thebegin delete director.end deletebegin insert program administrator of the Community Care
12Licensing Division.end insert

13(g) Notwithstanding Section 1534, any facility that is cited for
14repeating the same violation of this chapter within 12 months of
15the first violation is subject to an immediate civil penalty of one
16hundred fifty dollars ($150) and fifty dollars ($50) for each day
17the violation continues until the deficiency is corrected.

18(h) Any facility that is assessed a civil penalty pursuant to
19subdivision (g) that repeats the same violation of this chapter within
2012 months of the violation subject to subdivision (g) is subject to
21an immediate civil penalty of one hundred fifty dollars ($150) for
22each day the violation continues until the deficiency is corrected.

23(i) (1) The department shall adopt regulations setting forth the
24appeal procedures for deficiencies.

25(2) Abegin insert notification of a deficiency written by a representative of
26the department shall include a factual description of the nature of
27the deficiency fully stating the manner in which the licensee failed
28to comply with the specified statute or regulation, and, if
29applicable, the particular place or area of the facility in which the
30deficiency occurred.end insert

31begin insert(j)end insertbegin insertend insertbegin insert(1)end insertbegin insertend insertbegin insertA end insertlicensee shall have the right to submit to the department
32a written request for a formal review of a civil penalty assessed
33pursuant to subdivisions (d) and (e) within 10begin insert businessend insert days of
34receipt of the notice of a civil penalty assessment and shall provide
35all supporting documentation at that time. The review shall be
36conducted bybegin delete a regional managerend deletebegin insert the deputy directorend insert of the
37Community Care Licensing Division. If thebegin delete regional managerend delete
38begin insert department requires additional information from the licensee, that
39information shall be requested within the first 30 calendar days
40after receiving the request for review. If the deputy directorend insert

P8    1 determines that the civil penalty was notbegin delete assessedend deletebegin insert assessed, or the
2finding of the deficiency that resulted in the assessment of the civil
3penalty was not made,end insert
in accordance with applicable statutes or
4regulations of the department, he or she may amend or dismiss the
5civilbegin delete penalty.end deletebegin insert penalty or finding of deficiency.end insert The licensee shall
6be notified in writing of thebegin delete regional manager’send deletebegin insert deputy director’send insert
7 decision within 60begin insert calendarend insert days of the request to review the
8assessment of the civil penalty.

begin delete

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)

end delete

29begin insert(2)end insert Upon exhausting thebegin delete deputy director review,end deletebegin insert review
30described in paragraph (1),end insert
a licensee maybegin insert furtherend insert appealbegin delete a civil
31penalty assessed pursuant to subdivision (d) or (e)end delete
begin insert that decisionend insert
32 to an administrative law judge. Proceedings shall be conducted in
33accordance with Chapter 5 (commencing with Section 11500) of
34Part 1 of Division 3 of Title 2 of the Government Code, and the
35department shall have all the powers granted by those provisions.
36In all proceedings conducted in accordance with this section, the
37standard of proof shall be by a preponderance of the evidence.

begin delete

38(6)

end delete

39begin insert(3)end insert If, in addition to an assessment of civil penalties, the
40department elects to file an administrative action to suspend or
P9    1revoke the facility license that includes violations relating to the
2assessment of the civil penalties, the department review of the
3pending appeal shall cease and the assessment of the civil penalties
4shall be heard as part of the administrative action process.

begin insert

5(k) (1) A licensee shall have the right to submit to the
6department a written request for a formal review of any other civil
7penalty or deficiency not described in subdivision (j) within 10
8business days of receipt of the notice of a civil penalty assessment
9or a finding of a deficiency, and shall provide all supporting
10documentation at that time. The review shall be conducted by a
11regional manager of the Community Care Licensing Division. If
12the department requires additional information from the licensee,
13that information shall be requested within the first 30 calendar
14days after receiving the request for review. If the regional manager
15determines that the civil penalty was not assessed, or the finding
16of the deficiency was not made, in accordance with applicable
17statutes or regulations of the department, he or she may amend or
18dismiss the civil penalty or finding of deficiency. The licensee shall
19be notified in writing of the regional manager’s decision within
2060 calendar days of the request to review the civil penalty or
21finding of deficiency.

end insert
begin insert

22(2) Upon exhausting the review described in paragraph (1), the
23licensee may further appeal that decision to the program
24administrator of the Community Care Licensing Division within
2510 business days of receipt of notice of the regional manager’s
26decision. If the program administrator determines that the civil
27penalty was not assessed, or the finding of the deficiency was not
28made, in accordance with applicable statutes or regulations of the
29department, he or she may amend or dismiss the civil penalty or
30finding of deficiency. The licensee shall be notified in writing of
31the program administrator’s decision within 60 calendar days of
32the request to review the civil penalty or finding of deficiency.

end insert
begin delete

33(j)

end delete

34begin insert(l)end insert The department shall adopt regulations implementing this
35section.

begin delete

36(k)

end delete

37begin insert(m)end insert The department shall, by January 1, 2016, amend its
38regulations to reflect the changes to this section made bybegin delete the act
39that added this subdivision.end delete
begin insert Section 2 of Chapter 813 of the Statutes
40of 2014.end insert

begin delete

P10   1(l)

end delete

2begin insert(n)end insert As provided in Section 11466.31 of the Welfare and
3Institutions Code, the department may offset civil penalties owed
4by a group home against moneys to be paid by a county for the
5care of minors after the group home has exhausted its appeal of
6the civil penalty assessment. The department shall provide the
7group home a reasonable opportunity to pay the civil penalty before
8instituting the offset provision.

begin delete

9(m)

end delete

10begin insert(o)end insert This section shall become operative on July 1, 2015.

11begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 1568.0822 of the end insertbegin insertHealth and Safety Codeend insertbegin insert, as
12added by Section 4 of Chapter 813 of the Statutes of 2014, is
13amended to read:end insert

14

1568.0822.  

(a) In addition to the suspension, temporary
15suspension, or revocation of a license issued under this chapter,
16the department may levy a civil penalty.

17(b) The amount of the civil penalty shall not be less than
18twenty-five dollars ($25) or more than fifty dollars ($50) per day
19for each violation of this chapter, except where the nature or
20seriousness of the violation or the frequency of the violation
21warrants a higher penalty or an immediate civil penalty assessment,
22or both, as determined by the department. In no event shall a civil
23penalty assessment exceed one hundred fifty dollars ($150) per
24day per violation.

25(c) Notwithstanding Section 1568.07, the department shall assess
26an immediate civil penalty of one hundred fifty dollars ($150) per
27day per violation for any of the following serious violations:

28(1) (A) Fire clearance violations, including, but not limited to,
29overcapacity, ambulatory status, inoperable smoke alarms, and
30inoperable fire alarm systems. The civil penalty shall not be
31assessed if the licensee has done either of the following:

32(i) Requested the appropriate fire clearance based on ambulatory,
33nonambulatory, or bedridden status, and the decision is pending.

34(ii) Initiated eviction proceedings.

35(B) A licensee denied a clearance for bedridden residents may
36appeal to the fire authority, and, if that appeal is denied, may
37subsequently appeal to the Office of the State Fire Marshal, and
38shall not be assessed an immediate civil penalty until the final
39appeal is decided, or after 60 days has passed from the date of the
40citation, whichever is earlier.

P11   1(2) Absence of supervision, as required by statute and regulation.

2(3) Accessible bodies of water, when prohibited in this chapter
3or regulations adopted pursuant to this chapter.

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

5(5) Refused entry to a facility or any part of a facility in violation
6of Section 1568.07 or 1568.071.

7(6) The presence of an excluded person on the premises.

8(d) For a violation that the department determines resulted in
9the death of a resident, the civil penalty shall be fifteen thousand
10dollars ($15,000).

11(e) For a violation that the department determines constitutes
12physical abuse, as defined in Section 15610.63 of the Welfare and
13Institutions Code, or resulted in serious bodily injury, as defined
14in Section 243 of the Penal Code, to a resident, the civil penalty
15shall be ten thousand dollars ($10,000).

16(f) Prior to the issuance of a citation imposing a civil penalty
17pursuant to subdivision (d) or (e), the decision shall be approved
18by thebegin delete director.end deletebegin insert program administrator of the Community Care
19Licensing Division.end insert

20(g) Notwithstanding Section 1568.07, any residential care
21facility that is cited for repeating the same violation of this chapter
22within 12 months of the first violation is subject to an immediate
23civil penalty of one hundred fifty dollars ($150) and fifty dollars
24($50) for each day the violation continues until the deficiency is
25corrected.

26(h) Any residential care facility that is assessed a civil penalty
27pursuant to subdivision (g) that repeats the same violation of this
28chapter within 12 months of the violation subject to subdivision
29(g) shall be assessed an immediate civil penalty of one thousand
30dollars ($1,000) and one hundred dollars ($100) for each day the
31violation continues until the deficiency is corrected, provided that
32the violation is a serious violation.

33(i) (1) The department shall adopt regulations setting forth the
34appeal procedures for deficiencies.

35(2) Abegin insert notification of a deficiency written by a representative of
36the department shall include a factual description of the nature of
37the deficiency fully stating the manner in which the licensee failed
38to comply with the specified statute or regulation, and, if
39applicable, the particular place or area of the facility in which the
40deficiency occurred.end insert

P12   1begin insert(j)end insertbegin insertend insertbegin insert(1)end insertbegin insertend insertbegin insertA end insertlicensee shall have the right to submit to the department
2a written request for a formal review of a civil penalty assessed
3pursuant to subdivisions (d) and (e) within 10begin insert businessend insert days of
4receipt of the notice of a civil penalty assessment and shall provide
5all supporting documentation at that time. The review shall be
6conducted bybegin delete a regional managerend deletebegin insert the deputy directorend insert of the
7Community Care Licensing Division. If thebegin delete regional managerend delete
8begin insert department requires additional information from the licensee, that
9information shall be requested within the first 30 calendar days
10after receiving the request for review. If the deputy directorend insert

11 determines that the civil penalty was notbegin delete assessedend deletebegin insert assessed, or the
12finding of deficiency that resulted in the assessment of the civil
13penalty was not made,end insert
in accordance with applicable statutes or
14regulations of the department, he or she may amend or dismiss the
15civilbegin delete penalty.end deletebegin insert penalty or finding of deficiency.end insert The licensee shall
16be notified in writing of thebegin delete regional manager’send deletebegin insert deputy director’send insert
17 decision within 60begin insert calendarend insert days of the request to review the
18assessment of the civil penalty.

begin delete

19(3) The licensee may further appeal to the program administrator
20of the Community Care Licensing Division within 10 days of
21receipt of the notice of the regional manager’s decision and shall
22provide all supporting documentation at that time. If the program
23administrator determines that the civil penalty was not assessed
24in accordance with applicable statutes or regulations of the
25department, he or she may amend or dismiss the civil penalty. The
26licensee shall be notified in writing of the program administrator’s
27decision within 60 days of the request to review the regional
28manager’s decision.

29(4) The licensee may further appeal to the deputy director of
30the Community Care Licensing Division within 10 days of receipt
31of the notice of the program director’s decision and shall provide
32all supporting documentation at that time. If the deputy director
33determines that the civil penalty was not assessed in accordance
34with applicable statutes or regulations of the department, he or she
35may amend or dismiss the civil penalty. The licensee shall be
36notified in writing of the deputy director’s decision within 60 days
37of the request to review the program administrator’s decision.

38(5)

end delete

39begin insert(2)end insert Upon exhausting thebegin delete deputy director review,end deletebegin insert review
40described in paragraph (1),end insert
a licensee maybegin insert furtherend insert appeal begin delete a civil
P13   1penalty assessed pursuant to subdivision (d) or (e)end delete
begin insert that decisionend insert
2 to an administrative law judge. Proceedings shall be conducted in
3accordance with Chapter 5 (commencing with Section 11500) of
4Part 1 of Division 3 of Title 2 of the Government Code, and the
5department shall have all the powers granted by those provisions.
6In all proceedings conducted in accordance with this section, the
7standard of proof shall be by a preponderance of the evidence.

begin delete

8(6)

end delete

9begin insert(3)end insert If, in addition to an assessment of civil penalties, the
10department elects to file an administrative action to suspend or
11 revoke the facility license that includes violations relating to the
12assessment of the civil penalties, the department review of the
13pending appeal shall cease and the assessment of the civil penalties
14shall be heard as part of the administrative action process.

begin insert

15(k) (1) A licensee shall have the right to submit to the
16department a written request for a formal review of any other civil
17penalty or deficiency not described in subdivision (j) within 10
18business days of receipt of the notice of a civil penalty assessment
19or a finding of a deficiency, and shall provide all supporting
20documentation at that time. The review shall be conducted by a
21regional manager of the Community Care Licensing Division. If
22the department requires additional information from the licensee,
23that information shall be requested within the first 30 calendar
24days after receiving the request for review. If the regional manager
25determines that the civil penalty was not assessed, or the finding
26of the deficiency was not made, in accordance with applicable
27statutes or regulations of the department, he or she may amend or
28dismiss the civil penalty or finding of deficiency. The licensee shall
29be notified in writing of the regional manager’s decision within
3060 calendar days of the request to review the civil penalty or
31finding of deficiency.

end insert
begin insert

32(2) Upon exhausting the review described in paragraph (1), the
33licensee may further appeal that decision to the program
34administrator of the Community Care Licensing Division within
3510 business days of receipt of notice of the regional manager’s
36decision. If the program administrator determines that the civil
37penalty was not assessed, or the finding of the deficiency was not
38made, in accordance with applicable statutes or regulations of the
39department, he or she may amend or dismiss the civil penalty or
40finding of deficiency. The licensee shall be notified in writing of
P14   1the program administrator’s decision within 60 calendar days of
2the request to review the civil penalty or finding of deficiency.

end insert
begin delete

3(j)

end delete

4begin insert(l)end insert The department shall adopt regulations implementing this
5section.

begin delete

6(k)

end delete

7begin insert(m)end insert The department shall, by January 1, 2016, amend its
8regulations to reflect the changes to this section made bybegin delete the act
9that added this subdivision.end delete
begin insert Section 4 of Chapter 813 of the Statutes
10of 2014.end insert

begin delete

11(l)

end delete

12begin insert(n)end insert This section shall become operative on July 1, 2015.

13begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 1569.35 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
14amended to read:end insert

15

1569.35.  

(a)  Any person may request anbegin delete inspectionend delete
16begin insert investigationend insert ofbegin delete anyend deletebegin insert aend insert residential care facility for the elderly in
17accordance with this chapter bybegin delete transmittingend deletebegin insert making a complaintend insert
18 to the departmentbegin delete notice of an allegedend deletebegin insert alleging aend insert violation of
19applicable requirements prescribed by statutes or regulations of
20this state, including, but not limited to, a denial of access of any
21person authorized to enter the facility pursuant to Section 9722 of
22the Welfare and Institutions Code. A complaint may be made either
23orally or in writing.

24(b)  The substance of the complaint shall be provided to the
25licensee no earlier than at the time of the inspection. Unless the
26complainant specifically requests otherwise, neither the substance
27of the complaint provided the licensee nor any copy of the
28complaint or any record published, released, or otherwise made
29available to the licensee shall disclose the name of any person
30mentioned in the complaint except the name of any duly authorized
31officer, employee, or agent of the department conducting the
32investigation or inspection pursuant to this chapter.

33(c)  begin insert(1)end insertbegin insertend insert Upon receipt of a complaint, other than a complaint
34alleging denial of a statutory right of access to a residential care
35facility for the elderly, the department shall make a preliminary
36review and, unless the department determines that the complaint
37is willfully intended to harass a licensee or is without any
38reasonable basis, it shall make an onsite inspection within 10 days
39after receiving the complaint except where the visit would
40adversely affect the licensing investigation or the investigation of
P15   1other agencies, including, but not limited to, law enforcement
2agencies. In either event, the complainant shall be promptly
3informed of the department’s proposed course of action.

begin delete

4(d)  Upon receipt of a complaint alleging denial of a statutory
5right of access to a residential facility for the elderly, the
6department shall review the complaint. The complainant shall be
7notified promptly of the department’s proposed course of action.

end delete
begin insert

8(2) If a local long-term care ombudsman or the State Long-Term
9Care Ombudsman files a complaint alleging denial of a statutory
10right of access to a residential care facility for the elderly under
11Section 9722 of the Welfare and Institutions Code, the department
12shall give priority to the complaint pursuant to Section 9721 of
13the Welfare and Institutions Code and notify the Office of the State
14Long-Term Care Ombudsman that an investigation has been
15initiated pursuant to this section.

end insert
begin insert

16(3) Prior to conducting an onsite investigation pursuant to this
17section, the department shall make a good faith effort, documented
18in writing, to contact and interview the complainant and inform
19the complainant of the department’s proposed course of action
20and the relevant deadline for the department to complete its
21investigation. To the extent practicable, the officer, employee, or
22agent of the department who will conduct the investigation shall
23be the representative who interviews and makes contact with the
24complainant.

end insert
begin insert

25(d) When conducting an investigation pursuant to this section,
26the department shall consult with and, to the extent practicable,
27coordinate its investigation of a residential care facility for the
28elderly with the investigation of the facility by other agencies,
29including, but not limited to, the Office of the State Long-Term
30Care Ombudsman and law enforcement agencies.

end insert
begin insert

31(e) Within 10 business days of completing the investigation of
32a complaint under this section, the department shall notify the
33complainant in writing of the department’s determination as a
34result of the investigation and of the complainant’s right to appeal
35the findings. The written notice shall describe the appeal process
36provided for under subdivisions (f) and (g) and include a copy of
37any reports and documents describing violations and enforcement
38actions resulting from the investigation.

end insert
begin insert

39(f) A complainant who is dissatisfied with the department’s
40 investigation, findings, or enforcement actions resulting from the
P16   1investigation may file an appeal by notifying the program manager
2of the officer, employee, or agent of the department conducting
3the investigation in writing within 15 business days after receiving
4the notice described in subdivision (e). The program manager
5shall schedule a meeting or teleconference with the complainant
6within 30 business days of receiving an appeal. The program
7manager shall carefully review the concerns, information, and
8evidence presented by the complainant to determine whether the
9department’s findings or actions should be modified or whether
10further investigation is necessary. Within 10 business days after
11conducting the meeting or teleconference with the complainant,
12the program manager shall notify the complainant in writing of
13the department’s determinations and actions concerning the appeal
14and of the appeal rights provided in subdivision (g).

end insert
begin insert

15(g) If a complainant is dissatisfied with the program manager’s
16determination on an appeal pursuant to subdivision (f), the
17complainant may, within 15 business days after receipt of this
18determination, file an appeal in writing with the Quality Assurance
19Unit of the Community Care Licensing Division. Within 30 business
20days of receiving an appeal, a representative of the Quality
21Assurance Unit shall interview the complainant, consider any
22information presented or submitted by the complainant, and review
23the complaint record to determine whether the department’s
24findings or actions should be modified or whether further
25investigation is necessary. No later than 10 business days after
26completing this review, the deputy director of the Community Care
27Licensing Division shall notify the complainant in writing of the
28department’s determinations and actions concerning the appeal.

end insert
begin insert

29(h) A complainant may be assisted or represented by any person
30of his or her choice in the appeal processes described in this
31section.

end insert
32begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 1569.49 of the end insertbegin insertHealth and Safety Codeend insertbegin insert, as
33added by Section 6 of Chapter 813 of the Statutes of 2014, is
34amended to read:end insert

35

1569.49.  

(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) or more than fifty dollars ($50) per day
40for each violation of this chapter except where the nature or
P17   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 Section 1569.33, the department shall assess
7an immediate civil penalty of one hundred fifty dollars ($150) per
8day per violation for any of the following serious violations:

9(1) (A) Fire clearance violations, including, but not limited to,
10overcapacity, ambulatory status, inoperable smoke alarms, and
11inoperable fire alarm systems. The civil penalty shall not be
12assessed if the licensee has done either of the following:

13(i) Requested the appropriate fire clearance based on ambulatory,
14nonambulatory, or bedridden status, and the decision is pending.

15(ii) Initiated eviction proceedings.

16(B) A licensee denied a clearance for bedridden residents may
17appeal to the fire authority, and, if that appeal is denied, may
18subsequently appeal to the Office of the State Fire Marshal, and
19shall not be assessed an immediate civil penalty until the final
20appeal is decided, or after 60 days has passed from the date of the
21citation, whichever is earlier.

22(2) Absence of supervision as required by statute or regulation.

23(3) Accessible bodies of water, when prohibited in this chapter
24or regulations adopted pursuant to this chapter.

25(4) Accessible firearms, ammunition, or both.

26(5) Refused entry to a facility or any part of a facility in violation
27of Section 1569.32, 1569.33, or 1569.35.

28(6) The presence of an excluded person on the premises.

29(d) For a violation that the department determines resulted in
30the death of a resident, the civil penalty shall be fifteen thousand
31dollars ($15,000).

32(e) For a violation that the department determines constitutes
33physical abuse, as defined in Section 15610.63 of the Welfare and
34Institutions Code, or resulted in serious bodily injury, as defined
35in Section 15610.67 of the Welfare and Institutions Code, to a
36resident, the civil penalty shall be ten thousand dollars ($10,000).

37(f) Prior to the issuance of a citation imposing a civil penalty
38pursuant to subdivision (d) or (e), the decision shall be approved
39by thebegin delete director.end deletebegin insert program administrator of the Community Care
40Licensing Division.end insert

P18   1(g) Notwithstanding Section 1569.33, any residential care
2facility for the elderly that is cited for repeating the same violation
3of this chapter within 12 months of the first violation is subject to
4an immediate civil penalty of one hundred fifty dollars ($150) and
5fifty dollars ($50) for each day the violation continues until the
6deficiency is corrected.

7(h) Any residential care facility for the elderly that is assessed
8a civil penalty pursuant to subdivision (g) that repeats the same
9violation of this chapter within 12 months of the violation subject
10to subdivision (g) shall be assessed an immediate civil penalty of
11one thousand dollars ($1,000) and one hundred dollars ($100) for
12each day the violation continues until the deficiency is corrected.

13(i) (1) The department shall adopt regulations setting forth the
14appeal procedures for deficiencies.

15(2) Abegin insert notification of a deficiency written by a representative of
16the department shall include a factual description of the nature of
17the deficiency fully stating the manner in which the licensee failed
18to comply with the specified statute or regulation, and, if
19applicable, the particular place or area of the facility in which the
20deficiency occurred.end insert

21begin insert(j)end insertbegin insertend insertbegin insert(1)end insertbegin insertA end insertlicensee shall have the right to submit to the department
22a written request for a formal review of a civil penalty assessed
23pursuant to subdivisions (d) and (e) within 10begin insert businessend insert days of
24receipt of the notice of a civil penalty assessment and shall provide
25all supporting documentation at that time. The review shall be
26conducted bybegin delete a regional managerend deletebegin insert the deputy directorend insert of the
27Community Care Licensing Division. If thebegin delete regional managerend delete
28begin insert department requires additional information from the licensee, that
29information shall be requested within the first 30 calendar days
30after receiving the request for review. If the deputy directorend insert

31 determines that the civil penalty was notbegin delete assessedend deletebegin insert assessed, or the
32finding of the deficiency that resulted in the assessment of the civil
33penalty was end insert
begin insertnot made,end insert in accordance with applicable statutes or
34regulations of the department, he or she may amend or dismiss the
35civilbegin delete penalty.end deletebegin insert penalty or finding of deficiency.end insert The licensee shall
36be notified in writing of thebegin delete regional manager’send deletebegin insert deputy director’send insert
37 decision within 60begin insert calendarend insert days of the request to review the
38assessment of the civil penalty.

begin delete

39(3) The licensee may further appeal to the program administrator
40of the Community Care Licensing Division within 10 days of
P19   1receipt of the notice of the regional manager’s decision and shall
2provide all supporting documentation at that time. If the program
3administrator determines that the civil penalty was not assessed
4in accordance with applicable statutes or regulations of the
5department, he or she may amend or dismiss the civil penalty. The
6licensee shall be notified in writing of the program administrator’s
7decision within 60 days of the request to review the regional
8manager’s decision.

9(4) The licensee may further appeal to the deputy director of
10the Community Care Licensing Division within 10 days of receipt
11of the notice of the program director’s decision and shall provide
12all supporting documentation at that time. If the deputy director
13determines that the civil penalty was not assessed in accordance
14with applicable statutes or regulations of the department, he or she
15may amend or dismiss the civil penalty. The licensee shall be
16notified in writing of the deputy director’s decision within 60 days
17of the request to review the program administrator’s decision.

18(5)

end delete

19begin insert(2)end insert Upon exhausting thebegin delete deputy director review,end deletebegin insert review
20described in paragraph (1),end insert
a licensee maybegin insert furtherend insert appealbegin delete a civil
21penalty assessed pursuant to subdivision (d) or (e)end delete
begin insert that decisionend insert
22 to an administrative law judge. Proceedings shall be conducted in
23accordance with Chapter 5 (commencing with Section 11500) of
24Part 1 of Division 3 of Title 2 of the Government Code, and the
25department shall have all the powers granted by those provisions.
26In all proceedings conducted in accordance with this section, the
27standard of proof shall be by a preponderance of the evidence.

begin delete

28(6)

end delete

29begin insert(3)end insert If, in addition to an assessment of civil penalties, the
30department elects to file an administrative action to suspend or
31revoke the facility license that includes violations relating to the
32assessment of the civil penalties, the department review of the
33pending appeal shall cease and the assessment of the civil penalties
34shall be heard as part of the administrative action process.

begin insert

35(k) (1) A licensee shall have the right to submit to the
36department a written request for a formal review of any other civil
37penalty or deficiency not described in subdivision (j) within 10
38business days of receipt of the notice of a civil penalty assessment
39or a finding of a deficiency, and shall provide all supporting
40documentation at that time. The review shall be conducted by a
P20   1regional manager of the Community Care Licensing Division. If
2the department requires additional information from the licensee,
3that information shall be requested within the first 30 calendar
4days after receiving the request for review. If the regional manager
5determines that the civil penalty was not assessed, or the finding
6of the deficiency was not made, in accordance with applicable
7statutes or regulations of the department, he or she may amend or
8dismiss the civil penalty or finding of deficiency. The licensee shall
9be notified in writing of the regional manager’s decision within
1060 calendar days of the request to review the civil penalty or
11finding of deficiency.

end insert
begin insert

12(2) Upon exhausting the review described in paragraph (1), the
13licensee may further appeal that decision to the program
14administrator of the Community Care Licensing Division within
1510 business days of receipt of notice of the regional manager’s
16decision. If the program administrator determines that the civil
17penalty was not assessed, or the finding of the deficiency was not
18made, in accordance with applicable statutes or regulations of the
19department, he or she may amend or dismiss the civil penalty or
20finding of deficiency. The licensee shall be notified in writing of
21the program administrator’s decision within 60 calendar days of
22the request to review the civil penalty or finding of deficiency.

end insert
begin delete

23(j)

end delete

24begin insert(l)end insert The department shall adopt regulations implementing this
25section.

begin delete

26(k)

end delete

27begin insert(m)end insert The department shall, by January 1, 2016, amend its
28regulations to reflect the changes to this section made bybegin delete the act
29that added this subdivision.end delete
begin insert Section 6 of Chapter 813 of the Statutes
30of 2014.end insert

begin delete

31(l)

end delete

32begin insert(n)end insert This section shall become operative on July 1, 2015.

33

begin deleteSECTION 1.end delete
34begin insertSEC. 6.end insert  

Section 1596.99 of the Health and Safety Code, as
35added by Section 8 of Chapter 813 of the Statutes of 2014, is
36amended to read:

37

1596.99.  

(a) In addition to the suspension, temporary
38suspension, or revocation of a license issued under this chapter or
39Chapter 3.4 (commencing with Section 1596.70), the department
40may levy a civil penalty.

P21   1(b) The amount of the civil penalty shall not be less than
2twenty-five dollars ($25) nor more than fifty dollars ($50) per day
3for each violation of this chapter except where the nature or
4seriousness of the violation or the frequency of the violation
5warrants a higher penalty or an immediate civil penalty assessment,
6or both, as determined by the department. In no event shall a civil
7penalty assessment exceed one hundred fifty dollars ($150) per
8day per violation.

9(c) Notwithstanding Sections 1596.893a, 1596.893b, and
101596.98, the department shall assess an immediate civil penalty
11of one hundred fifty dollars ($150) per day per violation for any
12of the following serious violations:

13(1) Fire clearance violations, including, but not limited to,
14overcapacity, inoperable smoke alarms, and inoperable fire alarm
15systems.

16(2) Absence of supervision, including, but not limited to, a child
17left unattended, supervision of a child by a person under 18 years
18of age, and lack of supervision resulting in a child wandering away.

19(3) Accessible bodies of water.

20(4) Accessible firearms, ammunition, or both.

21(5) Refused entry to a facility or any part of a facility in violation
22of Section 1596.852, 1596.853, or 1597.09.

23(6) The presence of an excluded person on the premises.

24(d) For a violation that the department determines resulted in
25the death of a child, the civil penalty shall be assessed as follows:

26(1) Seven thousand five hundred dollars ($7,500) for a licensee
27licensed, among all of the licensee’s facilities, to care for 30 or
28less children.

29(2) Ten thousand dollars ($10,000) for a licensee licensed,
30among all of the licensee’s facilities, to care for 31 to 100,
31inclusive, children.

32(3) Fifteen thousand dollars ($15,000) for a licensee licensed,
33among all of the licensee’s facilities, to care for more than 100
34children.

35(e) (1) For a violation that the department determines constitutes
36physical abuse or resulted in serious injury, as defined in Section
371596.8865, to a child, the civil penalty shall be assessed as follows:

38(A) Two thousand five hundred dollars ($2,500) for a licensee
39licensed, among all of the licensee’s facilities, to care for 30 or
40less children.

P22   1(B) Five thousand dollars ($5,000) for a licensee licensed,
2among all of the licensee’s facilities, to care for 31 to 100,
3inclusive, children.

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

7(2) For purposes of this subdivision, “physical abuse” includes
8physical injury inflicted upon a child by another person by other
9than accidental means, sexual abuse as defined in Section 11165.1
10of the Penal Code, neglect as defined in Section 11165.2 of the
11Penal Code, or unlawful corporal punishment or injury as defined
12in Section 11165.4 of the Penal Code when the person responsible
13for the child’s welfare is a licensee, administrator, or employee of
14any facility licensed to care for children, or an administrator or
15employee of a public or private school or other institution or
16agency.

17(f) Before the issuance of a citation imposing a civil penalty
18pursuant to subdivision (d) or (e), the decision shall be approved
19by thebegin delete director.end deletebegin insert program administrator of the Community Care
20Licensing Division.end insert

21(g) Notwithstanding Sections 1596.893a, 1596.893b, and
221596.98, any day care center that is cited for repeating the same
23violation of this chapter or Chapter 3.4 (commencing with Section
241596.70) within 12 months of the first violation is subject to an
25immediate civil penalty of one hundred fifty dollars ($150) for
26each day the violation continues until the deficiency is corrected.

27(h) Any day care center that is assessed a civil penalty under
28subdivision (g) and that repeats the same violation of this chapter
29within 12 months of the violation subject to subdivision (g) shall
30be assessed an immediate civil penalty of one hundred fifty dollars
31($150) for each day the violation continues until the deficiency is
32corrected.

33(i) Notwithstanding any other law, revenues received by the
34state from the payment of civil penalties imposed on licensed child
35care centers pursuant to this chapter or Chapter 3.4 (commencing
36with Section 1596.70), shall be deposited in the Child Health and
37Safety Fund, created pursuant to Chapter 4.6 (commencing with
38Section 18285) of Part 6 of Division 9 of the Welfare and
39Institutions Code, and shall be expended, upon appropriation by
40the Legislature, pursuant to subdivision (f) of Section 18285 of
P23   1the Welfare and Institutions Code exclusively for the technical
2assistance, orientation, training, and education of licensed day care
3center providers.

4(j) (1) The department shall adopt regulations setting forth the
5appeal procedures for deficiencies.

6(2) Abegin insert notification of a deficiency written by a representative of
7the department shall include a factual description of the nature of
8the deficiency fully stating the manner in which the licensee failed
9to comply with the specified statute or regulation, and, if
10applicable, the particular place or area of the facility in which the
11deficiency occurred.end insert

12begin insert(k)end insertbegin insertend insertbegin insert(1)end insertbegin insertend insertbegin insertA end insertlicensee shall have the right to submit to the
13department a written request for a formal review of a civil penalty
14assessed pursuant to subdivisions (d) and (e) within 10begin insert businessend insert
15 days of receipt of the notice of a civil penalty assessment and shall
16provide all supporting documentation at that time. The review shall
17be conducted bybegin delete a regional managerend deletebegin insert the deputy directorend insert of the
18Community Care Licensing Division. If thebegin delete regional managerend delete
19begin insert department requires additional information from the licensee, that
20information shall be requested within the first 30 calendar days
21after receiving the request for review. If the deputy directorend insert

22 determines that the civil penalty was notbegin delete assessedend deletebegin insert assessed, or the
23finding of the deficiency that resulted in the assessment of the civil
24penalty was not made,end insert
in accordance with applicable statutes or
25regulations of the department, he or she may amend or dismiss the
26civilbegin delete penalty.end deletebegin insert penalty or finding of deficiency.end insert The licensee shall
27be notified in writing of the begin delete regional manager’send delete begin insert deputy director’send insert
28 decision within 60begin insert calendarend insert days of the request to review the
29assessment of the civil penalty.

begin delete

30(3) The licensee may further appeal to the program administrator
31of the Community Care Licensing Division within 10 days of
32receipt of the notice of the regional manager’s decision and shall
33provide all supporting documentation at that time. If the program
34administrator determines that the civil penalty was not assessed
35in accordance with applicable statutes or regulations of the
36department, he or she may amend or dismiss the civil penalty. The
37licensee shall be notified in writing of the program administrator’s
38decision within 60 days of the request to review the regional
39manager’s decision.

P24   1(4) The licensee may further appeal to the deputy director of
2the Community Care Licensing Division within 10 days of receipt
3of the notice of the program director’s decision and shall provide
4all supporting documentation at that time. If the deputy director
5 determines that the civil penalty was not assessed in accordance
6with applicable statutes or regulations of the department, he or she
7may amend or dismiss the civil penalty. The licensee shall be
8notified in writing of the deputy director’s decision within 60 days
9of the request to review the program administrator’s decision.

10(5)

end delete

11begin insert(2)end insert Upon exhausting thebegin delete deputy director review,end deletebegin insert review
12described in paragraph (1),end insert
a licensee maybegin insert furtherend insert appealbegin delete a civil
13penalty assessed pursuant to subdivision (d) or (e)end delete
begin insert that decisionend insert
14 to an administrative law judge. Proceedings shall be conducted in
15accordance with Chapter 5 (commencing with Section 11500) of
16Part 1 of Division 3 of Title 2 of the Government Code, and the
17department shall have all the powers granted by those provisions.
18In all proceedings conducted in accordance with this section, the
19standard of proof shall be by a preponderance of the evidence.

begin delete

20(6)

end delete

21begin insert(3)end insert If, in addition to an assessment of civil penalties, the
22department elects to file an administrative action to suspend or
23revoke the facility license that includes violations relating to the
24assessment of the civil penalties, the department review of the
25pending appeal shall cease and the assessment of the civil penalties
26shall be heard as part of the administrative action process.

begin insert

27(l) (1) A licensee shall have the right to submit to the
28department a written request for a formal review of any other civil
29penalty or deficiency not described in subdivision (k) within 10
30business days of receipt of the notice of a civil penalty assessment
31or a finding of a deficiency, and shall provide all supporting
32documentation at that time. The review shall be conducted by a
33regional manager of the Community Care Licensing Division. If
34the department requires additional information from the licensee,
35that information shall be requested within the first 30 calendar
36days after receiving the request for review. If the regional manager
37determines that the civil penalty was not assessed, or the finding
38of the deficiency was not made, in accordance with applicable
39statutes or regulations of the department, he or she may amend or
40dismiss the civil penalty or finding of deficiency. The licensee shall
P25   1be notified in writing of the regional manager’s decision within
260 calendar days of the request to review the civil penalty or
3finding of deficiency.

end insert
begin insert

4(2) Upon exhausting the review described in paragraph (1), the
5licensee may further appeal that decision to the program
6administrator of the Community Care Licensing Division within
710 business days of receipt of notice of the regional manager’s
8decision. If the program administrator determines that the civil
9penalty was not assessed, or the finding of the deficiency was not
10made, in accordance with applicable statutes or regulations of the
11department, he or she may amend or dismiss the civil penalty or
12finding of deficiency. The licensee shall be notified in writing of
13the program administrator’s decision within 60 calendar days of
14the request to review the civil penalty or finding of deficiency.

end insert
begin delete

15(k)

end delete

16begin insert(m)end insert The department shall, by January 1, 2016, amend its
17regulations to reflect the changes to this section made bybegin delete the act
18that added this subdivision.end delete
begin insert Section 8 of Chapter 813 of the Statutes
19of 2014.end insert

begin delete

20(l)

end delete

21begin insert(n)end insert This section shall become operative on July 1, 2015.

22

begin deleteSEC. 2.end delete
23begin insertSEC. 7.end insert  

Section 1597.58 of the Health and Safety Code, as
24added by Section 10 of Chapter 813 of the Statutes of 2014, is
25amended to read:

26

1597.58.  

(a) In addition to the suspension, temporary
27suspension, or revocation of a license issued under this chapter,
28the department may levy a civil penalty.

29(b) The amount of the civil penalty shall not be less than
30twenty-five dollars ($25) nor more than fifty dollars ($50) per day
31for each violation of this chapter except where the nature or
32seriousness of the violation or the frequency of the violation
33warrants a higher penalty or an immediate civil penalty assessment
34or both, as determined by the department. In no event shall a civil
35penalty assessment exceed one hundred fifty dollars ($150) per
36day per violation.

37(c) Notwithstanding Sections 1596.893a, 1596.893b, 1597.56,
38and 1597.62 the department shall assess an immediate civil penalty
39of one hundred fifty dollars ($150) per day per violation for any
40of the following serious violations:

P26   1(1) Any violation that results in the injury, illness, or death of
2a child.

3(2) Absence of supervision, including, but not limited to, a child
4left unattended, a child left alone with a person under 18 years of
5age, and lack of supervision resulting in a child wandering away.

6(3) Accessible bodies of water.

7(4) Accessible firearms, ammunition, or both.

8(5) Refused entry to a facility or any part of a facility in violation
9of Sections 1596.852, 1596.853, 1597.55a, and 1597.55b.

10(6) The presence of an excluded person on the premises.

11(d) For a violation that the department determines resulted in
12the death of a child, the civil penalty shall be assessed as follows:

13(1) Five thousand dollars ($5,000) for a small family day care
14home, as described in Section 1597.44.

15(2) Seven thousand five hundred dollars ($7,500) for a large
16family day care home, as described in Section 1597.465.

17(e) (1) For a violation that the department determines constitutes
18physical abuse or resulted in serious injury, as defined in Section
191596.8865, to a child, the civil penalty shall be assessed as follows:

20(A) One thousand dollars ($1,000) for a small family day care
21home, as described in Section 1597.44.

22(B) Two thousand dollars ($2,000) for a large family day care
23home, as described in Section 1597.465.

24(2) For purposes of this subdivision, “physical abuse” includes
25physical injury inflicted upon a child by another person by other
26than accidental means, sexual abuse as defined in Section 11165.1
27of the Penal Code, neglect as defined in Section 11165.2 of the
28Penal Code, or unlawful corporal punishment or injury as defined
29in Section 11165.4 of the Penal Code when the person responsible
30for the child’s welfare is a licensee, administrator, or employee of
31any facility licensed to care for children, or an administrator or
32employee of a public or private school or other institution or
33agency.

34(f) Before the issuance of a citation imposing a civil penalty
35pursuant to subdivision (d) or (e), the decision shall be approved
36by thebegin delete director.end deletebegin insert program administrator of the Community Care
37Licensing Division.end insert

38(g) Notwithstanding Sections 1596.893a, 1596.893b, 1597.56,
39and 1597.62, any family day care home that is cited for repeating
40the same violation of this chapter or Chapter 3.4 (commencing
P27   1with Section 1596.70), within 12 months of the first violation is
2subject to an immediate civil penalty assessment of up to one
3hundred fifty dollars ($150) and may be assessed up to fifty dollars
4($50) for each day the violation continues until the deficiency is
5corrected.

6(h) Any family day care home that is assessed a civil penalty
7under subdivision (g) that repeats the same violation of this chapter
8within 12 months of the violation subject to subdivision (g) shall
9be assessed an immediate assessment of up to one hundred fifty
10dollars ($150) and may be assessed up to one hundred fifty dollars
11($150) for each day the violation continues until the deficiency is
12corrected.

13(i) Notwithstanding any other law, revenues received by the
14state from the payment of civil penalties imposed on licensed
15family day care homes pursuant to this chapter or Chapter 3.4
16(commencing with Section 1596.70), shall be deposited in the
17Child Health and Safety Fund, created pursuant to Chapter 4.6
18(commencing with Section 18285) of Part 6 of Division 9 of the
19Welfare and Institutions Code, and shall be expended, upon
20appropriation by the Legislature, pursuant to subdivision (f) of
21Section 18285 of the Welfare and Institutions Code exclusively
22for the technical assistance, orientation, training, and education of
23licensed family day care home providers.

24(j) (1) The department shall adopt regulations setting forth the
25appeal procedures for deficiencies.

26(2) Abegin insert notification of a deficiency written by a representative of
27the department shall include a factual description of the nature of
28the deficiency fully stating the manner in which the licensee failed
29to comply with the specified statute or regulation, and, if
30applicable, the particular place or area of the facility in which the
31deficiency occurred.end insert

32begin insert(k)end insertbegin insertend insertbegin insert(1)end insertbegin insertend insertbegin insertA end insertlicensee shall have the right to submit to the
33department a written request for a formal review of a civil penalty
34assessed pursuant to subdivisions (d) and (e) within 10begin insert businessend insert
35 days of receipt of the notice of a civil penalty assessment and shall
36provide all supporting documentation at that time. The review shall
37be conducted by begin delete a regional managerend delete begin insert the deputy directorend insert of the
38Community Care Licensing Division. If thebegin delete regional managerend delete
39begin insert department requires additional information from the licensee, that
40information shall be requested within the first 30 calendar days
P28   1after receiving the request for review. If the deputy directorend insert

2 determines that the civil penalty was notbegin delete assessedend deletebegin insert assessed, or the
3finding of the deficiency that resulted in the assessment of the civil
4penalty was not made,end insert
in accordance with applicable statutes or
5regulations of the department, he or she may amend or dismiss the
6civilbegin delete penalty.end deletebegin insert penalty or finding of deficiency.end insert The licensee shall
7be notified in writing of thebegin delete regional manager’send deletebegin insert deputy director’send insert
8 decision within 60begin insert calendarend insert days of the request to review the
9assessment of the civil penalty.

begin delete

10(3) The licensee may further appeal to the program administrator
11of the Community Care Licensing Division within 10 days of
12receipt of the notice of the regional manager’s decision and shall
13provide all supporting documentation at that time. If the program
14administrator determines that the civil penalty was not assessed
15in accordance with applicable statutes or regulations of the
16department, he or she may amend or dismiss the civil penalty. The
17licensee shall be notified in writing of the program administrator’s
18decision within 60 days of the request to review the regional
19manager’s decision.

20(4) The licensee may further appeal to the deputy director of
21the Community Care Licensing Division within 10 days of receipt
22of the notice of the program director’s decision and shall provide
23all supporting documentation at that time. If the deputy director
24determines that the civil penalty was not assessed in accordance
25with applicable statutes or regulations of the department, he or she
26may amend or dismiss the civil penalty. The licensee shall be
27notified in writing of the deputy director’s decision within 60 days
28of the request to review the program administrator’s decision.

29(5)

end delete

30begin insert(2)end insert Upon exhausting thebegin delete deputy director review,end deletebegin insert review
31described in paragraph (1),end insert
a licensee maybegin insert furtherend insert appealbegin delete a civil
32penalty assessed pursuant to subdivision (d) or (e)end delete
begin insert that decisionend insert
33 to an administrative law judge. Proceedings shall be conducted in
34accordance with Chapter 5 (commencing with Section 11500) of
35Part 1 of Division 3 of Title 2 of the Government Code, and the
36department shall have all the powers granted by those provisions.
37In all proceedings conducted in accordance with this section, the
38 standard of proof shall be by a preponderance of the evidence.

begin delete

39(6)

end delete

P29   1begin insert(3)end insert If, in addition to an assessment of civil penalties, the
2department elects to file an administrative action to suspend or
3revoke the facility license that includes violations relating to the
4assessment of the civil penalties, the department review of the
5pending appeal shall cease and the assessment of the civil penalties
6shall be heard as part of the administrative action process.

begin insert

7(l) (1) A licensee shall have the right to submit to the
8 department a written request for a formal review of any other civil
9penalty or deficiency not described in subdivision (k) within 10
10business days of receipt of the notice of a civil penalty assessment
11or a finding of a deficiency, and shall provide all supporting
12documentation at that time. The review shall be conducted by a
13regional manager of the Community Care Licensing Division. If
14the department requires additional information from the licensee,
15that information shall be requested within the first 30 calendar
16days after receiving the request for review. If the regional manager
17determines that the civil penalty was not assessed, or the finding
18of the deficiency was not made, in accordance with applicable
19statutes or regulations of the department, he or she may amend or
20dismiss the civil penalty or finding of deficiency. The licensee shall
21be notified in writing of the regional manager’s decision within
2260 calendar days of the request to review the civil penalty or
23finding of deficiency.

end insert
begin insert

24(2) Upon exhausting the review described in paragraph (1), the
25licensee may further appeal that decision to the program
26administrator of the Community Care Licensing Division within
2710 business days of receipt of notice of the regional manager’s
28decision. If the program administrator determines that the civil
29penalty was not assessed, or the finding of the deficiency was not
30made, in accordance with applicable statutes or regulations of the
31department, he or she may amend or dismiss the civil penalty or
32finding of deficiency. The licensee shall be notified in writing of
33the program administrator’s decision within 60 calendar days of
34the request to review the civil penalty or finding of deficiency.

end insert
begin delete

35(k)

end delete

36begin insert(m)end insert The department shall, by January 1, 2016, amend its
37regulations to reflect the changes to this section made bybegin delete the act
38that added this subdivision.end delete
begin insert Section 10 of Chapter 813 of the
39Statutes of 2014.end insert

begin delete

40(l)

end delete

P30   1begin insert(n)end insert This section shall become operative on July 1, 2015.



O

    97