California Legislature—2015–16 Regular Session

Assembly Bill No. 1467

Introduced by Assembly Member Bloom

February 27, 2015

An act to amend Sections 1548, 1568.0822, 1569.49, 1596.99, and 1597.58 of the Health and Safety Code, relating to care facilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 1467, as introduced, Bloom. Care facilities: civil penalties.

Existing law establishes the State Department of Social Services and sets forth its powers and duties, including, but not limited to, the licensure and regulation of community care facilities, residential care facilities for persons with chronic life-threatening illnesses, residential care facilities for the elderly, 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 expended for certain purposes. Existing law establishes a process for the appeal of a citation under these provisions.

This bill would increase the amount of civil penalties to be imposed for a licensing violation under those provisions, and would impose civil penalties for a repeat violation of those provisions, as specified. The bill would delete the provisions that authorize the department to impose those civil penalties, and instead require the imposition of those civil penalties under those provisions. The bill would also delete a requirement that moneys collected from the imposition of certain penalties be used for assisting families with the identification, transportation, and enrollment of children in another day care or family day care home upon the revocation or suspension of the license of a day care or family day care home.

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

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

SECTION 1.  

Section 1548 of the Health and Safety Code, as
added by Section 2 of Chapter 813 of the Statutes of 2014, is
amended to read:

1548.  

(a) In addition to the suspension, temporary suspension,
or revocation of a license issued under this chapter, the department
begin delete may end delete begin insert shall end insert levy a civil penalty.

(b)  begin insert (1) end insert begin insert   end insert The amount of the civil penalty shall begin delete not be less than
twenty-five dollars ($25) or more than fifty dollars ($50) end delete begin insert be one
hundred seventy-five dollars ($175) end insert per day for each violation of
this chapter except where the nature or seriousness of the violation
or the frequency of the violation warrants a higher penalty or an
immediate civil penalty assessment, or both, as begin delete determined by the
department. In no event, shall a civil penalty assessment exceed
one hundred fifty dollars ($150) per day per violation end delete begin insert provided in
this chapter end insert .

begin insert

(2) Notwithstanding any right to correct a deficiency before
imposition of a civil penalty, any agency or facility that repeats a
violation specified in paragraph (1) within 12 months of a prior
violation shall be subject to an immediate civil penalty of five
hundred dollars ($500) per violation and one hundred dollars
($100) for each day the violation continues after citation for
facilities licensed to care for six or less persons, or an immediate
civil penalty of one thousand dollars ($1,000) per violation and
two hundred dollars ($200) for each day the violation continues
after citation for facilities licensed to care for seven or more
persons or for agencies without a capacity limitation indicated on
the license.

end insert

(c) Notwithstanding begin delete Section 1534 end delete begin insert any right to correct a
deficiency before imposition of a civil penalty end insert , the department shall
assess an immediate civil penalty of one begin delete hundred fifty end delete begin insert thousand end insert
dollars begin delete ($150) end delete begin insert ($1,000) end insert per begin delete day per end delete violation begin insert and two hundred
dollars ($200) for each day the violation continues after citation
for facilities licensed to care for six or less persons, or an
immediate civil penalty of two thousand dollars ($2,000) per
violation and four hundred dollars ($400) for each day the
violation continues after citation for facilities licensed to care for
seven or more persons or for agencies without a capacity
limitation, end insert for any of the following serious violations:

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

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

(ii) Initiated eviction proceedings.

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

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

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

(4) Accessible firearms, ammunition, or both.

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

(6) The presence of begin delete an excluded end delete begin insert a end insert person begin insert subject to a
department Order of Exclusion end insert on the premises.

begin insert

(d) Notwithstanding any right to correct a deficiency before
imposition of a civil penalty, any agency or facility that repeats a
violation specified in subdivision (c) within 12 months of a prior
violation shall be subject to an immediate civil penalty of two
thousand dollars ($2,000) per violation and one thousand five
hundred dollars ($1,500) for each day the violation continues after
citation for facilities licensed to care for six or less persons, or an
immediate civil penalty of four thousand dollars ($4,000) per
violation and three thousand dollars ($3,000) for each day the
violation continues after citation for facilities licensed to care for
seven or more persons or for agencies without a capacity
limitation.

end insert begin delete

(d) 

end delete

begin insert (e) end insert begin insert   end insert (1)  begin delete For end delete begin insert In addition to the imposition of a civil penalty for
the underlying violation, for end insert a violation that the department
determines resulted in the death of a resident at an adult residential
facility, social rehabilitation facility, enhanced behavioral supports
home begin insert licensed as an adult residential facility, adult residential
facility for persons with special health care needs end insert , or community
crisis home, begin delete the end delete begin insert a end insert civil penalty shall be begin delete fifteen thousand dollars
($15,000). end delete begin insert assessed as follows: end insert

begin insert

(A) Five thousand dollars ($5,000) for facilities licensed to care
for six or less persons.

end insert begin insert

(B) Fifteen thousand dollars ($15,000) for facilities licensed to
care for seven or more persons.

end insert

(2)  begin delete For end delete begin insert In addition to the imposition of a civil penalty for the
underlying violation, for end insert a violation that the department determines
resulted in the death of a person receiving care at an adult day
program, begin delete the end delete begin insert a end insert civil penalty shall be assessed as follows:

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

(B) Ten thousand dollars ($10,000) for begin delete a licensee end delete begin insert facilities end insert
licensed begin delete , among all of the licensee’s facilities, end delete to care for begin delete more
than 50 end delete begin insert 51 or more end insert persons.

(3)  begin delete For end delete begin insert In addition to the imposition of a civil penalty for the
underlying violation, for end insert a violation that the department determines
resulted in the death of a person receiving care at a therapeutic day
services facility, begin delete foster family agency, end delete community treatment
facility, begin delete full-service adoption agency, noncustodial adoption
agency, end delete transitional shelter care facility, transitional housing
placement provider, begin delete or end delete begin insert small family home, crisis nursery, end insert group
home, begin delete the end delete begin insert or an enhanced behavioral supports home licensed as
a group home, a end insert civil penalty shall be assessed as follows:

(A) Seven thousand five hundred dollars ($7,500) for begin delete a licensee end delete
begin insert facilities end insert licensed begin delete , among all of the licensee’s facilities, end delete to care for
begin delete 40 end delete begin insert 12 end insert or less children.

begin delete

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

end delete begin delete

(C) 

end delete

begin insert (B) end insert begin insert   end insert Fifteen thousand dollars ($15,000) for begin delete a licensee end delete begin insert facilities end insert
licensed begin delete , among all of the licensee’s facilities, end delete to care for more
than begin delete 100 end delete begin insert 12 end insert children.

(4)  begin delete For end delete begin insert In addition to the imposition of a civil penalty for the
underlying violation, for end insert a violation that the department determines
resulted in the death of a begin delete resident end delete begin insert youth receiving care end insert at a runaway
and homeless youth shelter begin insert licensed as a group home end insert , the civil
penalty shall be five thousand dollars ($5,000).

begin insert

(5) In addition to the imposition of a civil penalty for the
underlying violation, for a violation that the department determines
resulted in the death of a child receiving care through a foster
family agency, the civil penalty shall be seven thousand five
hundred dollars ($7,500).

end insert begin insert

(6) In addition to the imposition of a civil penalty for the
underlying violation, for a violation that the department determines
resulted in the death of an individual receiving care or services
through a full-service or noncustodial adoption agency, the civil
penalty shall be seven thousand five hundred dollars ($7,500).

end insert begin delete

(e) 

end delete

begin insert (f) end insert begin insert   end insert (1) (A)  begin delete For end delete begin insert In addition to the imposition of a civil penalty
for the underlying violation, for end insert a violation that the department
determines constitutes physical abuse, as defined in Section
15610.63 of the Welfare and Institutions Code, or resulted in
serious bodily injury, as defined in Section 243 of the Penal Code,
to a resident at an adult residential facility, social rehabilitation
facility, enhanced behavioral supports home begin insert licensed as an adult
residential facility, adult residential facility for persons with special
health care needs end insert , or community crisis home, begin delete the end delete begin insert a end insert civil penalty
shall be begin delete ten thousand dollars ($10,000). end delete begin insert assessed as follows: end insert

begin insert

(i) Two thousand five hundred dollars ($2,500) for facilities
licensed to care for six or less persons.

end insert begin insert

(ii) Ten thousand dollars ($10,000) for facilities licensed to
care for seven or more persons.

end insert

(B)  begin delete For end delete begin insert In addition to the imposition of a civil penalty for the
underlying violation, for end insert a violation that the department determines
constitutes physical abuse, as defined in Section 15610.63 of the
Welfare and Institutions Code, or resulted in serious bodily injury,
as defined in Section 243 of the Penal Code, to a person receiving
care at an adult day program, begin delete the end delete begin insert a end insert civil penalty shall be assessed
as follows:

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

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

(C)  begin delete For end delete begin insert In addition to the imposition of a civil penalty for the
underlying violation, for end insert a violation that the department determines
constitutes physical abuse, as defined in paragraph (2), or resulted
in serious bodily injury, as defined in Section 243 of the Penal
Code, to a person receiving care at a therapeutic day services
facility, begin delete foster family agency, end delete community treatment facility begin delete ,
full-service adoption agency, noncustodial adoption agency, end delete
transitional shelter care facility, transitional housing placement
provider, begin delete or end delete begin insert small family home, crisis nursery, end insert group home, begin delete the end delete begin insert or
an enhanced behavioral supports home licensed as a group home,
a end insert civil penalty shall be assessed as follows:

(i) Two thousand five hundred dollars ($2,500) for begin delete a licensee end delete
begin insert facilities end insert licensed begin delete , among all of the licensee’s facilities, end delete to care for
begin delete 40 end delete begin insert 12 end insert or less children.

begin delete

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

end delete begin delete

(iii) 

end delete

begin insert (ii) end insert begin insert   end insert Ten thousand dollars ($10,000) for begin delete a licensee end delete begin insert facilities end insert
licensed begin delete , among all of the licensee’s facilities, end delete to care for more
than begin delete 100 end delete begin insert 12 end insert children.

(D)  begin delete For end delete begin insert In addition to the imposition of a civil penalty for the
underlying violation, for end insert a violation that the department determines
constitutes physical abuse, as defined in paragraph (2), or resulted
in serious bodily injury, as defined in Section 243 of the Penal
Code, to a begin delete resident end delete begin insert youth receiving care end insert at a runaway and homeless
youth shelter, the civil penalty shall be one thousand dollars
($1,000).

begin insert

(E) In addition to the imposition of a civil penalty for the
underlying violation, for a violation that the department determines
constitutes physical abuse, as defined in paragraph (2), or resulted
in serious bodily injury, as defined in Section 243 of the Penal
Code, to a child receiving care through a foster family agency,
the civil penalty shall be two thousand five hundred dollars
($2,500).

end insert begin insert

(F) In addition to the imposition of a civil penalty for the
underlying violation, for a violation that the department determines
constitutes physical abuse, as defined in paragraph (2), or resulted
in serious bodily injury, as defined in Section 243 of the Penal
Code, to an individual receiving care or services through a
full-service or noncustodial adoption agency, the civil penalty
shall be two thousand five hundred dollars ($2,500).

end insert

(2) For purposes of subparagraphs begin delete (C) and end delete begin insert (C), end insert (D), begin insert (E), and
(F), end insert “physical abuse” includes physical injury inflicted upon a
child by another person by other than accidental means, sexual
abuse as defined in Section 11165.1 of the Penal Code, neglect as
defined in Section 11165.2 of the Penal Code, or unlawful corporal
punishment or injury as defined in Section 11165.4 of the Penal
Code when the person responsible for the child’s welfare is a
licensee, administrator, or employee of any facility licensed to
care for children.

begin delete

(f) 

end delete

begin insert (g) end insert begin insert   end insert Prior to the issuance of a citation imposing a civil penalty
pursuant to subdivision begin delete (d) end delete begin insert (e) end insert or begin delete (e) end delete begin insert (f) end insert , the decision shall be
approved by the director.

begin delete

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

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

(i) 

end delete

begin insert (h) end insert begin insert   end insert (1) The department shall adopt regulations setting forth the
appeal procedures for deficiencies.

begin insert

(2) Notwithstanding paragraph (1), the following appeal
procedures shall apply to deficiencies specified in subdivisions (e)
and (f):

end insert begin delete

(2) 

end delete

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

begin delete

(3) 

end delete

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

begin delete

(4) 

end delete

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

begin delete

(5) 

end delete

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

begin delete

(6) 

end delete

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

begin delete

(j) 

end delete

begin insert (i) end insert begin insert   end insert The department shall adopt regulations implementing this
section.

begin delete

(k) 

end delete

begin insert (j) end insert begin insert   end insert The department shall, by January 1, 2016, amend its
regulations to reflect the changes to this section made by the act
that added this subdivision.

begin delete

(l) 

end delete

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

begin delete

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

end delete

SEC. 2.  

Section 1568.0822 of the Health and Safety Code, as
added by Section 4 of Chapter 813 of the Statutes of 2014, is
amended to read:

1568.0822.  

(a) In addition to the suspension, temporary
suspension, or revocation of a license issued under this chapter,
the department begin delete may end delete begin insert shall end insert levy a civil penalty.

(b)  begin insert (1) end insert begin insert   end insert The amount of the civil penalty shall begin delete not end delete be begin delete less than
twenty-five end delete begin insert one hundred seventy-five end insert dollars begin delete ($25) or more than
fifty dollars ($50) end delete begin insert ($175) end insert per day for each violation of this chapter,
except where the nature or seriousness of the violation or the
frequency of the violation warrants a higher penalty or an
immediate civil penalty assessment, or both, as begin delete determined by the
department. In no event shall a civil penalty assessment exceed
one hundred fifty dollars ($150) per day per violation end delete begin insert specified in
this chapter end insert .

begin insert

(2) Notwithstanding any right to correct a deficiency before
imposition of a civil penalty, any facility that repeats a violation
specified in paragraph (1) within 12 months of a prior violation
shall be subject to an immediate civil penalty of five hundred
dollars ($500) per violation and one hundred dollars ($100) for
each day the violation continues after citation for facilities licensed
to care for six or less residents, or an immediate civil penalty of
one thousand dollars ($1,000) per violation and two hundred
dollars ($200) for each day the violation continues after citation
for facilities licensed to care for seven or more residents.

end insert

(c) Notwithstanding begin delete Section 1568.07 end delete begin insert any right to correct a
deficiency before imposition of a civil penalty end insert , the department shall
assess an immediate civil penalty of one begin delete hundred fifty end delete begin insert thousand end insert
dollars begin delete ($150) end delete begin insert ($1,000) end insert per begin delete day per end delete violation begin insert and two hundred
dollars ($200) for each day the violation continues after citation
for facilities licensed to care for six or less residents, or an
immediate civil penalty of two thousand dollars ($2,000) per
violation and four hundred dollars ($400) for each day the
violation continues after citation for facilities licensed to care for
seven or more residents, end insert for any of the following serious violations:

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

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

(ii) Initiated eviction proceedings.

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

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

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

(4) Accessible firearms, ammunition, or both.

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

(6) The presence of begin delete an excluded end delete begin insert a end insert person begin insert subject to a
department Order of Exclusion end insert on the premises.

begin insert

(d) Notwithstanding any right to correct a deficiency before
imposition of a civil penalty, any facility that repeats a violation
specified in subdivision (c) within 12 months of a prior violation
shall be subject to an immediate civil penalty of two thousand
dollars ($2,000) per violation and one thousand five hundred
dollars ($1,500) for each day the violation continues after citation
for facilities licensed to care for six or less residents, or an
immediate civil penalty of four thousand dollars ($4,000) per
violation and three thousand dollars ($3,000) for each day the
violation continues after citation for facilities licensed to care for
seven or more residents.

end insert begin delete

(d) For

end delete

begin insert (e) end insert begin insert   end insert begin insert In addition to the imposition of a civil penalty for the
underlying violation, for end insert a violation that the department determines
resulted in the death of a resident, the civil penalty shall be begin insert five
thousand dollars ($5,000) per violation for facilities licensed to
care for six or less residents, or end insert fifteen thousand dollars ($15,000)
begin insert per violation for facilities licensed to care for seven or more
residents end insert .

begin delete

(e) For

end delete

begin insert (f) end insert begin insert   end insert begin insert In addition to the imposition of a civil penalty for the
underlying violation, for end insert a violation that the department determines
constitutes physical abuse, as defined in Section 15610.63 of the
Welfare and Institutions Code, or resulted in serious bodily injury,
as defined in Section 243 of the Penal Code, to a resident, the civil
penalty shall be begin insert two thousand five hundred dollars ($2,500) per
violation for facilities licensed to care for six or less residents, or end insert
ten thousand dollars ($10,000) begin insert per violation for facilities licensed
to care for seven or more residents end insert .

begin delete

(f) 

end delete

begin insert (g) end insert begin insert   end insert Prior to the issuance of a citation imposing a civil penalty
pursuant to subdivision begin delete (d) end delete begin insert (e) end insert or begin delete (e) end delete begin insert (f) end insert , the decision shall be
approved by the director.

begin delete

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

end delete begin delete

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

end delete begin delete

(i) 

end delete

begin insert (h) end insert begin insert   end insert (1) The department shall adopt regulations setting forth the
appeal procedures for deficiencies.

begin insert

(2) Notwithstanding paragraph (1), the following appeal
procedures shall apply to deficiencies specified in subdivisions (e)
and (f):

end insert begin delete

(2) 

end delete

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

begin delete

(3) 

end delete

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

begin delete

(4)

end delete

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

begin delete

(5) 

end delete

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

begin delete

(6)

end delete

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

begin delete

(j)

end delete

begin insert (i) end insert  The department shall adopt regulations implementing this
section.

begin delete

(k)

end delete

begin insert (j) end insert  The department shall, by January 1, 2016, amend its
regulations to reflect the changes to this section made by the act
that added this subdivision.

begin delete

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

end delete

SEC. 3.  

Section 1569.49 of the Health and Safety Code, as
added by Section 6 of Chapter 813 of the Statutes of 2014, is
amended to read:

1569.49.  

(a) In addition to the suspension, temporary
suspension, or revocation of a license issued under this chapter,
the department begin delete may end delete begin insert shall end insert levy a civil penalty.

(b)  begin insert (1) end insert begin insert   end insert The amount of the civil penalty shall begin delete not end delete be begin delete less than
twenty-five end delete begin insert one hundred seventy-five end insert dollars begin delete or more than fifty
dollars ($50) end delete begin insert ($175) end insert per day for each violation of this chapter
except where the nature or seriousness of the violation or the
frequency of the violation warrants a higher penalty or an
immediate civil penalty assessment, or both, as begin delete determined by the
department. In no event, shall a civil penalty assessment exceed
one hundred fifty dollars ($150) per day per violation end delete begin insert provided in
this chapter end insert .

begin insert

(2) Notwithstanding any right to correct a deficiency before
imposition of a civil penalty, any facility that repeats a violation
specified in paragraph (1) within 12 months of a prior violation
shall be subject to an immediate civil penalty of five hundred
dollars ($500) per violation and one hundred dollars ($100) for
each day the violation continues after citation for facilities licensed
to care for six or less residents, or an immediate civil penalty of
one thousand dollars ($1,000) per violation and two hundred
dollars ($200) for each day the violation continues after citation
for facilities licensed to care for seven or more residents.

end insert

(c) Notwithstanding begin delete Section 1569.33 end delete begin insert any right to correct a
deficiency before imposition of a civil penalty end insert , the department shall
assess an immediate civil penalty of one begin delete hundred fifty end delete begin insert thousand end insert
dollars begin delete ($150) end delete begin insert ($1,000) end insert per day per violation begin insert and two hundred
dollars ($200) for each day the violation continues after citation
for facilities licensed to care for six or less residents, or an
immediate civil penalty of two thousand dollars ($2,000) per
violation and four hundred dollars ($400) for each day the
violation continues after citation for facilities licensed to care for
seven or more residents, end insert for any of the following serious violations:

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

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

(ii) Initiated eviction proceedings.

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

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

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

(4) Accessible firearms, ammunition, or both.

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

(6) The presence of begin delete an excluded end delete begin insert a end insert person begin insert subject to a
department Order of Exclusion end insert on the premises.

begin insert

(d) Notwithstanding any right to correct a deficiency before
imposition of a civil penalty, any facility that repeats a violation
specified in subdivision (c) within 12 months of a prior violation
shall be subject to an immediate civil penalty of two thousand
dollars ($2,000) per violation and one thousand five hundred
dollars ($1,500) for each day the violation continues after citation
for facilities licensed to care for six or less residents, or an
immediate civil penalty of four thousand dollars ($4,000) per
violation and three thousand dollars ($3,000) for each day the
violation continues after citation for facilities licensed to care for
seven or more residents.

end insert begin delete

(d) For

end delete

begin insert (e) end insert begin insert   end insert begin insert In addition to the imposition of a civil penalty for the
underlying violation, for end insert a violation that the department determines
resulted in the death of a resident, the civil penalty shall be begin insert five
thousand dollars ($5,000) per violation for facilities licensed to
care for six or less residents, or end insert fifteen thousand dollars ($15,000)
begin insert per violation for facilities licensed to care for seven or more
residents end insert .

begin delete

(e) For

end delete

begin insert (f) end insert begin insert   end insert begin insert In addition to the imposition of a civil penalty for the
underlying violation, for end insert a violation that the department determines
constitutes physical abuse, as defined in Section 15610.63 of the
Welfare and Institutions Code, or resulted in serious bodily injury,
as defined in Section 15610.67 of the Welfare and Institutions
Code, to a resident, the civil penalty shall be begin insert two thousand five
hundred dollars ($2,500) per violation for facilities licensed to
care for six or less residents, or end insert ten thousand dollars ($10,000)
begin insert per violation for facilities licensed to care for seven or more
residents end insert .

begin delete

(f)

end delete

begin insert (g) end insert  Prior to the issuance of a citation imposing a civil penalty
pursuant to subdivision begin delete (d) end delete begin insert (e) end insert or begin delete (e) end delete begin insert (f) end insert , the decision shall be
approved by the director.

begin delete

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

end delete begin delete

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

end delete begin delete

(i)

end delete

begin insert (h) end insert  (1) The department shall adopt regulations setting forth the
appeal procedures for deficiencies.

begin insert

(2) Notwithstanding paragraph (1), the following appeal
procedures shall apply to deficiencies specified in subdivisions (e)
and (f):

end insert begin delete

(2)

end delete

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

begin delete

(3)

end delete

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

begin delete

(4)

end delete

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

begin delete

(5)

end delete

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

begin delete

(6)

end delete

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

begin delete

(j)

end delete

begin insert (i) end insert  The department shall adopt regulations implementing this
section.

begin delete

(k)

end delete

begin insert (j) end insert  The department shall, by January 1, 2016, amend its
regulations to reflect the changes to this section made by the act
that added this subdivision.

begin delete

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

end delete

SEC. 4.  

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

1596.99.  

(a) In addition to the suspension, temporary
suspension, or revocation of a license issued under this chapter or
Chapter 3.4 (commencing with Section 1596.70), the department
begin delete may end delete begin insert shall end insert levy a civil penalty.

(b) The amount of the civil penalty shall begin delete not end delete be begin delete less than
twenty-five end delete begin insert one hundred seventy-five end insert dollars begin delete nor more than fifty
dollars ($50) end delete begin insert ($175) end insert per day for each violation of this chapter
except where the nature or seriousness of the violation or the
frequency of the violation warrants a higher penalty or an
immediate civil penalty assessment, or both, as begin delete determined by the
department. In no event shall a civil penalty assessment exceed
one hundred fifty dollars ($150) per day per violation end delete begin insert specified in
this chapter end insert .

begin insert

(1) Notwithstanding any right to correct a deficiency before
imposition of a civil penalty, any facility that repeats a violation
specified in subdivision (b) within 12 months of a prior violation
shall be subject to an immediate civil penalty of five hundred
dollars ($500) per violation and one hundred dollars ($100) for
each day the violation continues after citation for facilities licensed
to care for 30 or less children, or an immediate civil penalty of
one thousand dollars ($1,000) per violation and two hundred
dollars ($200) for each day the violation continues after citation
for facilities licensed to care for 31 or more children.

end insert

(c) Notwithstanding begin delete Sections 1596.893a, 1596.893b, and
1596.98 end delete begin insert any right to correct a deficiency before imposition of a
civil penalty end insert , the department shall assess an immediate civil penalty
of one begin delete hundred fifty ($150) end delete begin insert thousand dollars ($1,000) end insert per day per
violation begin insert and two hundred dollars ($200) for each day the violation
continues after citation for facilities licensed to care for 30 or less
children, or an immediate civil penalty of two thousand dollars
($2,000) per violation and four hundred dollars ($400) for each
day the violation continues after citation for facilities licensed to
care for 31 or more children, end insert for any of the following serious
violations:

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

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

(3) Accessible bodies of water.

(4) Accessible firearms, ammunition, or both.

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

(6) The presence of begin delete an excluded end delete begin insert a end insert person begin insert subject to a
department Order of Exclusion end insert on the premises.

begin insert

(d) Notwithstanding any right to correct a deficiency before
imposition of a civil penalty, any facility that repeats a violation
specified in subdivision (c) within 12 months of a prior violation
shall be subject to an immediate civil penalty of two thousand
dollars ($2,000) per violation and one thousand five hundred
dollars ($1,500) for each day the violation continues after citation
for facilities licensed to care for 30 or less children, or an
immediate civil penalty of four thousand dollars ($4,000) per
violation and three thousand dollars ($3,000) for each day the
violation continues after citation for facilities licensed to care for
31 or more children.

end insert begin delete

(d)

end delete

begin insert (e) end insert  For a violation that the department determines resulted in
the death of a child, the civil penalty shall be assessed as follows:

(1) Seven thousand five hundred dollars ($7,500) for a begin delete licensee end delete
begin insert facility end insert licensed begin delete , among all of the licensee’s facilities, end delete to care for
30 or less children.

(2) Ten thousand dollars ($10,000) for a begin delete licensee end delete begin insert facility end insert
licensed begin delete , among all of the licensee’s facilities, end delete to care for 31 to
begin delete 100 end delete begin insert 120 end insert , inclusive, children.

(3) Fifteen thousand dollars ($15,000) for a begin delete licensee end delete begin insert facility end insert
licensed begin delete , among all of the licensee’s facilities, end delete to care for more
than begin delete 100 end delete begin insert 120 end insert children.

begin delete

(e)

end delete

begin insert (f) end insert  (1) For a violation that the department determines constitutes
physical abuse or resulted in serious injury, as defined in Section
1596.8865, to a child, the civil penalty shall be assessed as follows:

(A) Two thousand five hundred dollars ($2,500) for a begin delete licensee end delete
begin insert facility end insert licensed begin delete , among all of the licensee’s facilities, end delete to care for
30 or less children.

(B) Five thousand dollars ($5,000) for a begin delete licensee end delete begin insert facility end insert
licensed begin delete , among all of the licensee’s facilities, end delete to care for 31 to
begin delete 100 end delete begin insert 120 end insert , inclusive, children.

(C) Ten thousand dollars ($10,000) for a begin delete licensee end delete begin insert facility end insert
licensed begin delete , among all of the licensee’s facilities, end delete to care for more
than begin delete 100 end delete begin insert 120 end insert children.

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

begin delete

(f)

end delete

begin insert (g) end insert  Prior to the issuance of a citation imposing a civil penalty
pursuant to subdivision begin delete (d) end delete begin insert (e) end insert or begin delete (e) end delete begin insert (f) end insert , the decision shall be
approved by the director.

begin delete

(g) Notwithstanding Sections 1596.893a, 1596.893b, and
1596.98, any day care center that is cited for repeating the same
violation of this chapter or Chapter 3.4 (commencing with Section
1596.70), within 12 months of the first violation is subject to an
immediate civil penalty of one hundred fifty dollars ($150) for
each day the violation continues until the deficiency is corrected.

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

(i)

end delete

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

begin delete

(j)

end delete

begin insert (i) end insert  (1) The department shall adopt regulations setting forth the
appeal procedures for deficiencies.

begin insert

(2) Notwithstanding paragraph (1), the following appeal
procedures shall apply to deficiencies specified in subdivisions (e)
and (f):

end insert begin delete

(2)

end delete

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

begin delete

(3)

end delete

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

begin delete

(4)

end delete

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

begin delete

(5)

end delete

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

begin delete

(6)

end delete

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

begin delete

(k)

end delete

begin insert (j) end insert  The department shall, by January 1, 2016, amend its
regulations to reflect the changes to this section made by the act
that added this subdivision.

begin delete

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

end delete

SEC. 5.  

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

1597.58.  

(a) In addition to the suspension, temporary
suspension, or revocation of a license issued under this chapter,
the department begin delete may end delete begin insert shall end insert levy a civil penalty.

(b)  begin insert (1) end insert begin insert   end insert The amount of the civil penalty shall begin delete not end delete be begin delete less than
twenty-five end delete begin insert one hundred seventy-five end insert dollars begin delete ($25) nor more than
fifty dollars ($50) end delete begin insert ($175) end insert per day for each violation of this chapter
except where the nature or seriousness of the violation or the
frequency of the violation warrants a higher penalty or an
immediate civil penalty assessment or both, as begin delete determined by the
department. In no event shall a civil penalty assessment exceed
one hundred fifty dollars ($150) per day per violation end delete begin insert specified in
this chapter end insert .

begin insert

(2) Notwithstanding any right to correct a deficiency before
imposition of a civil penalty, any facility that repeats a violation
specified in paragraph (1) within 12 months of a prior violation
shall be subject to an immediate civil penalty of five hundred
dollars ($500) per violation and one hundred dollars ($100) for
each day the violation continues after citation for facilities licensed
as small family day care homes, or an immediate civil penalty of
one thousand dollars ($1,000) per violation and two hundred
dollars ($200) for each day the violation continues after citation
for facilities licensed as large family day care homes.

end insert

(c) Notwithstanding begin delete Sections 1596.893a, 1596.893b, 1597.56,
and 1597.62 end delete begin insert any right to correct a deficiency before imposition of
a civil penalty, end insert the department shall assess an immediate civil
penalty of one begin delete hundred fifty end delete begin insert thousand end insert dollars begin delete ($150) per day end delete
begin insert ($1,000) end insert per violation begin insert and two hundred dollars ($200) for each
day the violation continues after citation for facilities licensed as
small family day care homes, or an immediate civil penalty of two
thousand dollars ($2,000) per violation and four hundred dollars
($400) for each day the violation continues after citation for
facilities licensed as large family day care homes, end insert for any of the
following serious violations:

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

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

(3) Accessible bodies of water.

(4) Accessible firearms, ammunition, or both.

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

(6) The presence of begin delete an excluded end delete begin insert a end insert person begin insert subject to a
department Order of Exclusion end insert on the premises.

begin insert

(d) Notwithstanding any right to correct a deficiency before
imposition of a civil penalty, any facility that repeats a violation
specified in subdivision (c) within 12 months of a prior violation
shall be subject to an immediate civil penalty of two thousand
dollars ($2,000) per violation and one thousand five hundred
dollars ($1,500) for each day the violation continues after citation
for facilities licensed as small family day care homes, or an
immediate civil penalty of four thousand dollars ($4,000) per
violation and three thousand dollars ($3,000) for each day the
violation continues after citation for facilities licensed as large
family day care homes.

end insert begin delete

(d)

end delete

begin insert (e) end insert  For a violation that the department determines resulted in
the death of a child, the civil penalty shall be assessed as follows:

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

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

begin delete

(e)

end delete

begin insert (f) end insert  (1) For a violation that the department determines constitutes
physical abuse or resulted in serious injury, as defined in Section
1596.8865, to a child, the civil penalty shall be assessed as follows:

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

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

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

begin delete

(f)

end delete

begin insert (g) end insert  Prior to the issuance of a citation imposing a civil penalty
pursuant to subdivision begin delete (d) end delete begin insert (e) end insert or begin delete (e) end delete begin insert (f) end insert , the decision shall be
approved by the director.

begin delete

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

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

(i)

end delete

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

begin delete

(j)

end delete

begin insert (i) end insert  (1) The department shall adopt regulations setting forth the
appeal procedures for deficiencies.

begin insert

(2) Notwithstanding paragraph (1), the following appeal
procedures shall apply to deficiencies specified in subdivisions (e)
and (f):

end insert begin delete

(2)

end delete

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

begin delete

(3)

end delete

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

begin delete

(4)

end delete

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

begin delete

(5)

end delete

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

begin delete

(6)

end delete

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

begin delete

(k)

end delete

begin insert (j) end insert  The department shall, by January 1, 2016, amend its
regulations to reflect the changes to this section made by the act
that added this subdivision.

begin delete

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

end delete