California Legislature—2015–16 Regular Session

Assembly Bill No. 2231

Introduced by Assembly Member Calderon

February 18, 2016

An act to amend Sections 1548, 1568.0822, 1569.49, 1596.8595, 1596.99, and 1597.58 of the Health and Safety Code, relating to care facilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 2231, as introduced, Calderon. 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. The bill would also delete obsolete provisions.

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 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 begin delete a end delete civil begin delete penalty. end delete begin insert penalties as follows: end insert

(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 dollars ($100) end insert per day for each violation of this chapter
begin delete except where end delete begin insert if an agency or facility fails to correct a deficiency
after being provided a specified length of time to correct that
deficiency. If end insert 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. Except as otherwise provided in this chapter, a civil
penalty assessment shall not exceed one hundred fifty dollars
($150) per day per violation. end delete begin insert provided in this chapter, a correction
of the deficiency shall not impact the imposition of a civil penalty. end insert

begin insert

(2) Any agency or facility that repeats a violation specified in
paragraph (1) within 12 months of a prior violation having a
similar factual description of the deficiency as stated in the
notification of deficiency, is subject to an immediate civil penalty
of two hundred fifty dollars ($250) per violation and one hundred
dollars ($100) for each day the violation continues after citation.

end insert

(c)  begin delete Notwithstanding Section 1534, the end delete begin insert The end insert department shall
assess an immediate civil penalty of begin delete one end delete begin insert five end insert hundred begin delete fifty end delete dollars
begin delete ($150) end delete begin insert ($500) end insert per begin delete day per end delete violation begin insert and one hundred dollars ($100) end insert
for begin insert each day the violation continues after citation for end insert any of the
following serious violations:

begin insert

(1) Any violation that the department determines resulted in the
injury or illness of a person in care.

end insert begin delete

(1)

end delete

begin insert (2) end insert  (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.

begin delete

(2)

end delete

begin insert (3) end insert  Absence of supervision, as required by statute or regulation.

begin delete

(3)

end delete

begin insert (4) end insert  Accessible bodies of water when prohibited in this chapter
or regulations adopted pursuant to this chapter.

begin delete

(4)

end delete

begin insert (5) end insert  Accessible firearms, ammunition, or both.

begin delete

(5)

end delete

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

begin delete

(6)

end delete

begin insert (7) end insert  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) Any agency or facility that repeats a violation specified in
subdivision (c) within 12 months of a prior violation having a
similar factual description of the deficiency as stated in the
notification of deficiency, shall be subject to an immediate civil
penalty of one thousand dollars ($1,000) per violation and one
hundred dollars ($100) for each day the violation continues after
citation.

end insert begin delete

(d)

end delete

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

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

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

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

(3) For 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 insert small family home, crisis nursery, end insert group home, begin insert enhanced
behavioral supports home licensed as a group home, end insert or short-term
residential treatment center, the civil penalty shall be assessed as
follows:

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

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

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

(4) For 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 begin delete shelter, end delete begin insert shelter licensed as a group home, end insert the civil
penalty shall be five thousand dollars ($5,000).

begin insert

(5) 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) 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  (1) (A) For 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 begin delete home, end delete begin insert home licensed as an adult residential
facility, adult residential facility for persons with special health
care needs, end insert or community crisis home, the civil penalty shall be
ten thousand dollars ($10,000).

(B) For 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, the civil penalty shall be assessed as follows:

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

(ii) Five thousand dollars ($5,000) for a begin delete licensee licensed, among
all of the licensee’s facilities, end delete begin insert facility licensed end insert to care for begin insert 51 or end insert
more begin delete than 50 end delete persons.

(C) 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
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 insert small family
home, crisis nursery, end insert group home, begin insert enhanced behavioral supports
home licensed as a group home, end insert or short-term residential treatment
center, the civil penalty shall be assessed as follows:

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

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

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

(D) 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
begin delete resident end delete begin insert youth receiving care end insert at a runaway and homeless youth
begin delete shelter, end delete begin insert shelter licensed as a group home, end insert the civil penalty shall
be one thousand dollars ($1,000).

begin insert

(E) 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) 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 (D), end delete begin insert (C), (D), (E),
and (F) of paragraph (1), 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) Prior to

end delete

begin insert (g) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert Before end insert the begin delete issuance end delete begin insert assessment end insert of begin delete a citation imposing end delete
a civil penalty pursuant to subdivision begin delete (d) or (e), end delete begin insert (e) or (f), end insert the
decision shall be approved by the program administrator of the
Community Care Licensing Division.

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

(2) A

end delete begin insert

(2) If the department assesses a civil penalty pursuant to
subdivision (e) or (f), that civil penalty shall prevail and the civil
penalty for the underlying violation shall be waived.

end insert begin insert

(h) A citation of a violation issued by the department shall be
classified according to the nature of the violation and shall indicate
the classification on its face.

end insert begin insert

(1) A Type AA violation is a violation that the department
determines resulted in the death or serious bodily injury of, or that
constitutes physical abuse of, a client, pursuant to subdivision (e)
or (f).

end insert begin insert

(2) A Type A violation is a violation that the department
determines poses a direct and immediate risk to the health or safety
of a person in care.

end insert begin insert

(3) A Type B violation is a violation that does not meet the
standards of a Type AA or A violation, but that the department
determines poses a potential risk to the health or safety of a person
in care.

end insert begin insert

(4) A Type C violation is a violation that does not meet the
standards of a Type AA, A, or B violation.

end insert

begin insert (i) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert A end insert notification of a deficiency written by a representative
of the department shall 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. begin insert The department shall make a good faith effort
to work with the licensee to determine the cause of the deficiency
and ways to prevent any repeat violations. end insert

begin insert

(2) The department shall adopt regulations setting forth the
appeal procedures for deficiencies.

end insert

(j) (1) 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) and end delete (e) begin insert or (f) end insert within 15
business days of receipt of the notice of a civil penalty assessment
and shall provide all available supporting documentation at that
time. The review shall be conducted by the deputy director of the
Community Care Licensing Division. The licensee may submit
additional supporting documentation that was unavailable at the
time of submitting the request for review within the first 30
business days after submitting the request for review. If the
department requires additional information from the licensee, that
information shall be requested within the first 30 business days
after receiving the request for review. The licensee shall provide
this additional information within 30 business days of receiving
the request from the department. If the deputy director determines
that the civil penalty was not assessed, or the finding of deficiency
was not made, in accordance with applicable statutes or regulations
of the department, he or she may amend or dismiss the civil penalty
or finding of deficiency. The licensee shall be notified in writing
of the deputy director’s decision within 60 business days of the
date when all necessary information has been provided to the
department by the licensee.

(2) Upon exhausting the review described in paragraph (1), a
licensee may further appeal that decision 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.

(3) 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 department review of the
pending appeal shall cease and the assessment of the civil penalties
shall be heard as part of the administrative action process.

(k) (1) A licensee shall have the right to submit to the
department a written request for a formal review of any other civil
penalty or deficiency not described in subdivision (j) within 15
business days of receipt of the notice of a civil penalty assessment
or a finding of a deficiency, and shall provide all available
supporting documentation at that time. The review shall be
conducted by a regional manager of the Community Care Licensing
Division. The licensee may submit additional supporting
documentation that was unavailable at the time of submitting the
request for review within the first 30 business days after submitting
the request for review. If the department requires additional
information from the licensee, that information shall be requested
within the first 30 business days after receiving the request for
review. The licensee shall provide this additional information
within 30 business days of receiving the request from the
department. If the regional manager determines that the civil
penalty was not assessed, or the finding of the deficiency was not
made, in accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil penalty or
finding of deficiency. The licensee shall be notified in writing of
the regional manager’s decision within 60 business days of the
date when all necessary information has been provided to the
department by the licensee.

(2) Upon exhausting the review described in paragraph (1), the
licensee may further appeal that decision to the program
administrator of the Community Care Licensing Division within
15 business days of receipt of notice of the regional manager’s
decision. The licensee may submit additional supporting
documentation that was unavailable at the time of appeal to the
program administrator within the first 30 business days after
requesting that appeal. If the department requires additional
information from the licensee, that information shall be requested
within the first 30 business days after receiving the request for the
appeal. The licensee shall provide this additional information
within 30 business days of receiving the request from the
department. If the program administrator determines that the civil
penalty was not assessed, or the finding of the deficiency was not
made, in accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil penalty or
finding of deficiency. The licensee shall be notified in writing of
the program administrator’s decision within 60 business days of
the date when all necessary information has been provided to the
department by the licensee. The program administrator’s decision
is considered final and concludes the licensee’s administrative
appeal rights regarding the appeal conducted pursuant to this
paragraph.

(l) The department shall adopt regulations implementing this
section.

(m) The department shall, by January 1, 2016, amend its
regulations to reflect the changes to this section made by Section
2 of Chapter 813 of the Statutes of 2014.

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

(o) Notwithstanding the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of
Title 2 of the Government Code), the department may implement
and administer the changes made by the act that added this
subdivision through all-county letters or similar written instructions
until regulations are adopted pursuant to the Administrative
Procedure Act.

begin delete

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

end delete

SEC. 2.  

Section 1568.0822 of the Health and Safety Code 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 begin delete a end delete civil begin delete penalty. end delete begin insert penalties as follows: end insert

(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 dollars ($100) end insert per day for each violation of this begin delete chapter,
except where end delete begin insert chapter if an agency or facility fails to correct a
deficiency after being provided a specified length of time to correct
that deficiency. If end insert 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. Except as otherwise provided in this chapter, a civil
penalty assessment shall not exceed one hundred fifty dollars
($150) per day per violation. end delete begin insert provided in this chapter, a correction
of the deficiency shall not impact the imposition of a civil penalty. end insert

begin insert

(2) (A) Any agency or facility that repeats a violation specified
in paragraph (1) within 12 months of a prior violation, having a
similar factual description of the deficiency as stated in the
notification of deficiency, shall be subject to an immediate civil
penalty of two hundred fifty dollars ($250) per violation and one
hundred dollars ($100) for each day the violation continues after
citation.

end insert

(c) Notwithstanding Section 1568.07, the department shall assess
an immediate civil penalty of begin delete one end delete begin insert five end insert hundred begin delete fifty end delete dollars begin delete ($150) end delete
begin insert ($500) end insert per begin delete day per end delete violation begin insert and one hundred dollars ($100) for
each day the violation continues after citation end insert for any of the
following serious violations:

begin insert

(1) Any violation that the department determines resulted in the
injury or illness of a resident.

end insert begin delete

(1)

end delete

begin insert (2) end insert  (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.

begin delete

(2)

end delete

begin insert (3) end insert  Absence of supervision, as required by statute and regulation.

begin delete

(3)

end delete

begin insert (4) end insert  Accessible bodies of water, when prohibited in this chapter
or regulations adopted pursuant to this chapter.

begin delete

(4)

end delete

begin insert (5) end insert  Accessible firearms, ammunition, or both.

begin delete

(5)

end delete

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

begin delete

(6)

end delete

begin insert (7) end insert  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) Any facility that repeats a violation specified in subdivision
(c) within 12 months of a prior violation having a similar factual
description of the deficiency as stated in the notice of deficiency,
shall be subject to an immediate civil penalty of one thousand
dollars ($1,000) per violation and one hundred dollars ($100) for
each day the violation continues after citation.

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 resident, the civil penalty shall be fifteen thousand
dollars ($15,000).

begin delete

(e)

end delete

begin insert (f) end insert  For 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 ten thousand dollars ($10,000).

begin delete

(f) Prior to

end delete

begin insert (g) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert Before end insert the begin delete issuance end delete begin insert assessment end insert of a begin delete citation imposing
a end delete civil penalty pursuant to subdivision begin delete (d) or (e), end delete begin insert (e) or (f), end insert the
decision shall be approved by the program administrator of the
Community Care Licensing Division.

(2) If the department issues a citation pursuant to subdivision
(e) or (f), that civil penalty shall prevail and the civil penalty for
the underlying violation shall be waived.

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.

(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.

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

(2) A

end delete begin insert

(h) A citation of a violation issued by the department shall be
classified according to the nature of the violation and shall indicate
the classification on its face.

end insert begin insert

(1) A Type AA violation is a violation that the department
determines resulted in the death or serious bodily injury of, or that
constitutes physical abuse of, a client, pursuant to subdivision (e)
or (f).

end insert begin insert

(2) A Type A violation is a violation that the department
determines poses a direct and immediate risk to the health or safety
of a person in care.

end insert begin insert

(3) A Type B violation is a violation that does not meet the
standards of a Type AA or A violation, but that the department
determines poses a potential risk to the health or safety of a person
in care.

end insert begin insert

(4) A Type C violation is a violation that does not meet the
standards of a Type AA, A, or B violation.

end insert

begin insert (i) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert A end insert notification of a deficiency written by a representative
of the department shall 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 begin delete of the facility end delete in which the
deficiency occurred. begin insert The department shall make a good faith effort
to work with the licensee to determine the cause of the deficiency
and ways to prevent any repeat violations. end insert

begin insert

(2) The department shall adopt regulations setting forth appeal
procedures for deficiencies.

end insert

(j) (1) 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 begin delete subdivisions (d) and end delete begin insert subdivision end insert (e) begin insert or (f) end insert
within 15 business days of receipt of the notice of a civil penalty
assessment and shall provide all available supporting
documentation at that time. The review shall be conducted by the
deputy director of the Community Care Licensing Division. The
licensee may submit additional supporting documentation that was
unavailable at the time of submitting the request for review within
the first 30 business days after submitting the request for review.
If the department requires additional information from the licensee,
that information shall be requested within the first 30 business
days after receiving the request for review. The licensee shall
provide this additional information within 30 business days of
receiving the request from the department. If the deputy director
determines that the civil penalty was not assessed, or the finding
of deficiency that resulted in the assessment of the civil penalty
was not made, in accordance with applicable statutes or regulations
of the department, he or she may amend or dismiss the civil penalty
or finding of deficiency. The licensee shall be notified in writing
of the deputy director’s decision within 60 business days of the
date when all necessary information has been provided to the
department by the licensee.

(2) Upon exhausting the review described in paragraph (1), a
licensee may further appeal that decision 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.

(3) 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 department review of the
pending appeal shall cease and the assessment of the civil penalties
shall be heard as part of the administrative action process.

(k) (1) A licensee shall have the right to submit to the
department a written request for a formal review of any other civil
penalty or deficiency not described in subdivision (j) within 15
business days of receipt of the notice of a civil penalty assessment
or a finding of a deficiency, and shall provide all available
supporting documentation at that time. The review shall be
conducted by a regional manager of the Community Care Licensing
Division. The licensee may submit additional supporting
documentation that was unavailable at the time of submitting the
request for review within the first 30 business days after submitting
the request for review. If the department requires additional
information from the licensee, that information shall be requested
within the first 30 business days after receiving the request for
review. The licensee shall provide this additional information
within 30 business days of receiving the request from the
department. If the regional manager determines that the civil
penalty was not assessed, or the finding of the deficiency was not
made, in accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil penalty or
finding of deficiency. The licensee shall be notified in writing of
the regional manager’s decision within 60 business days of the
date when all necessary information has been provided to the
department by the licensee.

(2) Upon exhausting the review described in paragraph (1), the
licensee may further appeal that decision to the program
administrator of the Community Care Licensing Division within
15 business days of receipt of notice of the regional manager’s
decision. The licensee may submit additional supporting
documentation that was unavailable at the time of appeal to the
program administrator within the first 30 business days after
requesting that appeal. If the department requires additional
information from the licensee, that information shall be requested
within the first 30 business days after receiving the request for the
appeal. The licensee shall provide this additional information
within 30 business days of receiving the request from the
department. If the program administrator determines that the civil
penalty was not assessed, or the finding of the deficiency was not
made, in accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil penalty or
finding of deficiency. The licensee shall be notified in writing of
the program administrator’s decision within 60 business days of
the date when all necessary information has been provided to the
department by the licensee. The program administrator’s decision
is considered final and concludes the licensee’s administrative
appeal rights regarding the appeal conducted pursuant to this
paragraph.

(l) The department shall adopt regulations implementing this
section.

(m) The department shall, by January 1, 2016, amend its
regulations to reflect the changes to this section made by Section
4 of Chapter 813 of the Statutes of 2014.

(n) Notwithstanding the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of
Title 2 of the Government Code), the department may implement
and administer the changes made by the act that added this
subdivision through all-county letters or similar written instructions
until regulations are adopted pursuant to the Administrative
Procedure Act.

begin delete

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

end delete

SEC. 3.  

Section 1569.49 of the Health and Safety Code 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 begin delete a end delete civil begin delete penalty. end delete begin insert penalties as follows: end insert

(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 dollars ($100) end insert per day for each violation of this chapter
begin insert if the agency or facility failed to correct a deficiency after being
provided a specified length of time to correct that deficiency. If end insert
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. Except as
otherwise end delete provided in this chapter, begin delete a civil penalty assessment shall
not exceed one hundred fifty dollars ($150) per day per violation. end delete
begin insert a correction of the deficiency shall not impact the imposition of a
civil penalty. end insert

begin insert

(2) (A) Any agency or facility that repeats a violation specified
in paragraph (1) within 12 months of a prior violation having a
similar factual description of the deficiency as stated on the
notification of deficiency, shall be subject to an immediate civil
penalty of two hundred fifty dollars ($250) per violation and one
hundred dollars ($100) for each day the violation continues after
citation.

end insert begin delete

(c) Notwithstanding Section 1569.33, the

end delete

begin insert (c) end insert begin insert   end insert begin insert The end insert department shall assess an immediate civil penalty of
begin delete one hundred fifty end delete begin insert five hundred end insert dollars begin delete ($150) per day end delete begin insert ($500) end insert per
violation begin insert and one hundred dollars ($100) for each day the violation
continues after citation end insert for any of the following serious violations:

begin insert

(1) Any violation that results in the injury or illness of a resident.

end insert begin delete

(1)

end delete

begin insert (2) end insert  (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.

begin delete

(2)

end delete

begin insert (3) end insert  Absence of supervision as required by statute or regulation.

begin delete

(3)

end delete

begin insert (4) end insert  Accessible bodies of water, when prohibited in this chapter
or regulations adopted pursuant to this chapter.

begin delete

(4)

end delete

begin insert (5) end insert  Accessible firearms, ammunition, or both.

begin delete

(5)

end delete

begin insert (6) end insert  Refused entry to a facility or any part of a facility in violation
of Section 1569.32, 1569.33, or 1569.35.

begin delete

(6)

end delete

begin insert (7) end insert  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) Any facility that repeats a violation specified in subdivision
(c) within 12 months of a prior violation, having a similar factual
description of the deficiency as stated on the notification of
deficiency, shall be subject to an immediate civil penalty of one
thousand dollars ($1,000) per violation and one hundred dollars
($100) for each day the violation continues after citation.

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 resident, the civil penalty shall be fifteen thousand
dollars ($15,000).

begin delete

(e)

end delete

begin insert (f) end insert  For 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 ten thousand dollars ($10,000).

begin delete

(f) Prior to the issuance

end delete

begin insert (g) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert Before the assessment end insert of a begin delete citation imposing a end delete civil
penalty pursuant to subdivision begin delete (d) or (e), end delete begin insert (e) or (f), end insert the decision
shall be approved by the program administrator of the Community
Care Licensing Division.

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.

(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.

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

end delete begin insert

(2) If the department assesses a civil penalty pursuant to
subdivision (e) or (f), that civil penalty shall prevail and the civil
penalty for the underlying violation shall be waived.

end insert begin insert

(h) A violation cited by the department shall be classified
according to the nature of the violation and shall indicate the
classification on its face.

end insert begin insert

(1) A Type AA violation is a violation that the department
determines resulted in the death or serious bodily injury of, or that
constitutes physical abuse of, a client, pursuant to subdivision (e)
or (f).

end insert begin insert

(2) A Type A violation is a violation that the department
determines poses a direct and immediate risk to the health or safety
of a person in care.

end insert begin insert

(3) A Type B violation is a violation that does not meet the
standards of a Type AA or A violation, but that the department
determines poses a potential risk to the health or safety of a person
in care.

end insert begin insert

(4) A Type C violation is a violation that does not meet the
standards of a Type AA, A, or B violation.

end insert begin delete

(2) A

end delete

begin insert (i) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert A end insert notification of a deficiency written by a representative
of the department shall 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. begin insert The department shall make a good faith effort
to work with the licensee to determine the cause of the deficiency
and ways to prevent any repeat violations. end insert

begin insert

(2) The department shall adopt regulations setting forth the
appeal procedures for deficiencies.

end insert

(j) (1) 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 (d) and (e) within 15 business
days of receipt of the notice of a civil penalty assessment and shall
provide all available supporting documentation at that time. The
review shall be conducted by the deputy director of the Community
Care Licensing Division. The licensee may submit additional
supporting documentation that was unavailable at the time of
submitting the request for review within the first 30 business days
after submitting the request for review. If the department requires
additional information from the licensee, that information shall be
requested within the first 30 business days after receiving the
request for review. The licensee shall provide this additional
information within 30 business days of receiving the request from
the department. If the deputy director determines that the civil
penalty was not assessed, or the finding of the deficiency that
resulted in the assessment of the civil penalty was not made, in
accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil penalty or
finding of deficiency. The licensee shall be notified in writing of
the deputy director’s decision within 60 business days of the date
when all necessary information has been provided to the
department by the licensee.

(2) Upon exhausting the review described in paragraph (1), a
licensee may further appeal that decision 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.

(3) 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 department review of the
pending appeal shall cease and the assessment of the civil penalties
shall be heard as part of the administrative action process.

(k) (1) A licensee shall have the right to submit to the
department a written request for a formal review of any other civil
penalty or deficiency not described in subdivision (j) within 15
business days of receipt of the notice of a civil penalty assessment
or a finding of a deficiency, and shall provide all available
supporting documentation at that time. The review shall be
conducted by a regional manager of the Community Care Licensing
Division. The licensee may submit additional supporting
documentation that was unavailable at the time of submitting the
request for review within the first 30 business days after submitting
the request for review. If the department requires additional
information from the licensee, that information shall be requested
within the first 30 business days after receiving the request for
review. The licensee shall provide this additional information
within 30 business days of receiving the request from the
department. If the regional manager determines that the civil
penalty was not assessed, or the finding of the deficiency was not
made, in accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil penalty or
finding of deficiency. The licensee shall be notified in writing of
the regional manager’s decision within 60 business days of the
date when all necessary information has been provided to the
department by the licensee.

(2) Upon exhausting the review described in paragraph (1), the
licensee may further appeal that decision to the program
administrator of the Community Care Licensing Division within
15 business days of receipt of notice of the regional manager’s
decision. The licensee may submit additional supporting
documentation that was unavailable at the time of appeal to the
program administrator within the first 30 business days after
requesting that appeal. If the department requires additional
information from the licensee, that information shall be requested
within the first 30 business days after receiving the request for the
appeal. The licensee shall provide this additional information
within 30 business days of receiving the request from the
department. If the program administrator determines that the civil
penalty was not assessed, or the finding of the deficiency was not
made, in accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil penalty or
finding of deficiency. The licensee shall be notified in writing of
the program administrator’s decision within 60 business days of
the date when all necessary information has been provided to the
department by the licensee. The program administrator’s decision
is considered final and concludes the licensee’s administrative
appeal rights regarding the appeal conducted pursuant to this
paragraph.

(l) The department shall adopt regulations implementing this
section.

(m) The department shall, by January 1, 2016, amend its
regulations to reflect the changes to this section made by Section
6 of Chapter 813 of the Statutes of 2014.

(n) Notwithstanding the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of
Title 2 of the Government Code), the department may implement
and administer the changes made by the act that added this
subdivision through all-county letters or similar written instructions
until regulations are adopted pursuant to the Administrative
Procedure Act.

begin delete

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

end delete

SEC. 4.  

Section 1596.8595 of the Health and Safety Code is
amended to read:

1596.8595.  

(a) (1) Each licensed child day care facility shall
post a copy of any licensing report pertaining to the facility that
documents either a facility visit or a complaint investigation that
results in a citation for a violation that, if not corrected, will create
a direct and immediate risk to the health, safety, or personal rights
of children in care. The licensing report provided by the department
shall be posted immediately upon receipt, adjacent to the postings
required pursuant to Section 1596.817 and on, or immediately
adjacent to, the interior side of the main door to the facility and
shall remain posted for 30 consecutive days.

(2) A family day care home shall comply with the posting
requirements contained in paragraph (1) during the hours when
clients are present.

(3) Failure to comply with paragraph (1) shall result in an
immediate civil penalty of one hundred dollars ($100).

(b) (1) Notwithstanding subdivision (b) of Section 1596.859,
the licensee shall post a licensing report or other appropriate
document verifying the licensee’s compliance or noncompliance
with the department’s order to correct a deficiency that is subject
to posting pursuant to paragraph (1) of subdivision (a). The
licensing report or other document shall be posted immediately
upon receipt, adjacent to the postings required pursuant to Section
1596.817, on, or immediately adjacent to, the interior side of the
main door into the facility and shall be posted for a period of 30
consecutive days.

(2) A family day care home shall comply with the posting
requirements contained in paragraph (1) during the hours when
clients are present.

(3) Failure to comply with paragraph (1) shall result in an
immediate civil penalty of one hundred dollars ($100).

(c) (1) A licensed child day care facility shall provide to the
parents or guardians of each child receiving services in the facility
copies of any licensing report that documents any Type A begin insert or more
serious end insert citation that represents an immediate risk to the health,
safety, or personal rights of children in care as set forth in
paragraph (1) of subdivision (a) of Section 1596.893b.

(2) Upon enrollment of a new child in a facility, the licensee
shall provide to the parents or legal guardians of the newly
enrolling child copies of any licensing report that the licensee has
received during the prior 12-month period that documents any
Type A begin insert or more serious end insert citation that represents an immediate risk
to the health, safety, or personal rights of children in care as set
forth in paragraph (1) of subdivision (a) of Section 1596.893b.

(3) The licensee shall require each recipient of the licensing
report described in paragraph (1) pertaining to a complaint
investigation to sign a statement indicating that he or she has
received the document and the date it was received.

(4) The licensee shall keep verification of receipt in each child’s
file.

(d) (1) A licensed child day care facility shall provide to the
parents or legal guardians of each child receiving services in the
facility copies of any licensing document pertaining to a conference
conducted by a local licensing agency management representative
with the licensee in which issues of noncompliance are discussed.

(2) Upon enrollment of a new child in a facility, the licensee
shall provide to the parents or legal guardians of the newly
enrolling child copies of any licensing document that the licensee
has received during the prior 12-month period that pertains to a
conference conducted by a local licensing agency management
representative with the licensee in which issues of noncompliance
are discussed.

(3) The licensee shall require each recipient of the licensing
document pertaining to a conference to sign a statement indicating
that he or she has received the document and the date it was
received.

(4) The licensee shall keep verification of receipt in each child’s
file.

SEC. 5.  

Section 1596.99 of the Health and Safety Code 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 begin delete a end delete civil begin delete penalty. end delete begin insert penalties as follows: end insert

(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) nor more than fifty dollars ($50) end delete begin insert be one
hundred dollars ($100) end insert per day for each violation of this chapter
begin delete except where end delete begin insert if an agency or facility fails to correct a deficiency
after being provided a specified length of time to correct the
deficiency. If end insert 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. Except as otherwise provided in this chapter, a civil
penalty assessment shall not exceed one hundred fifty dollars
($150) per day per violation. end delete begin insert provided in this chapter. A correction
of a deficiency shall not impact the imposition of a civil penalty. end insert

begin insert

(2) (A) Any agency or facility that repeats a violation specified
in paragraph (1) within 12 months of a prior violation having a
similar factual description of the deficiency on the notification of
deficiency, shall be subject to an immediate civil penalty of two
hundred fifty dollars ($250) per violation and one hundred dollars
($100) for each day the violation continues after citation.

end insert

(c)  begin delete Notwithstanding Sections 1596.893a, 1596.893b, and
1596.98, the end delete begin insert The end insert department shall assess an immediate civil penalty
of begin delete one end delete begin insert five end insert hundred begin delete fifty end delete dollars begin delete ($150) end delete begin insert ($500) end insert per begin delete day per end delete violation
begin insert and one hundred dollars ($100) for each day the violation
continues after citation, end insert for any of the following serious violations:

begin insert

(1) Any violation that the department determines resulted in the
injury or illness of a child.

end insert begin delete

(1)

end delete

begin insert (2) end insert  Fire clearance violations, including, but not limited to,
overcapacity, inoperable smoke alarms, and inoperable fire alarm
systems.

begin delete

(2)

end delete

begin insert (3) end insert  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.

begin delete

(3)

end delete

begin insert (4) end insert  Accessible bodies of water.

begin delete

(4)

end delete

begin insert (5) end insert  Accessible firearms, ammunition, or both.

begin delete

(5)

end delete

begin insert (6) end insert  Refused entry to a facility or any part of a facility in violation
of Section 1596.852, 1596.853, or 1597.09.

begin delete

(6)

end delete

begin insert (7) end insert  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) Any facility that repeats a violation specified in subdivision
(c) within 12 months of a prior violation, having a similar factual
description of deficiency as stated in the notification of deficiency,
shall be subject to an immediate civil penalty of one thousand
dollars ($1,000) per violation and one hundred dollars ($100) for
each day the violation continues after citation.

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
licensed, among all of the licensee’s facilities, end delete begin insert facility licensed end insert to
care for 30 or begin delete less end delete begin insert fewer end insert children.

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

(3) Fifteen thousand dollars ($15,000) for a begin delete licensee licensed,
among all of the licensee’s facilities, end delete begin insert facility licensed end insert to care for
more than 100 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
licensed, among all of the licensee’s facilities, end delete begin insert facility licensed end insert to
care for 30 or begin delete less end delete begin insert fewer end insert children.

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

(C) Ten thousand dollars ($10,000) for a begin delete licensee licensed,
among all of the licensee’s facilities, end delete begin insert facility licensed end insert to care for
more than 100 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   begin insert (1) end insert begin insert   end insert Before the begin delete issuance end delete begin insert assessment end insert of a begin delete citation imposing
a end delete civil penalty pursuant to subdivision begin delete (d) or (e), end delete begin insert (e) or (f), end insert the
decision shall be approved by the program administrator of the
Community Care Licensing Division.

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.

end delete begin insert

(2) If the department assesses a civil penalty pursuant to
subdivision (e) or (f), that civil penalty shall prevail and the civil
penalty for the underlying violation shall be waived.

end insert begin insert

(h) Citations issued by the department shall be classified
according to the nature of the violation and shall indicate the
classification on its face.

end insert begin insert

(1) A Type AA violation is a violation that the department
determines resulted in the death or serious bodily injury of, or that
constitutes physical abuse of, a client, pursuant to subdivision (e)
or (f).

end insert begin insert

(2) A Type A violation is a violation that the department
determines poses a direct and immediate risk to the health or safety
of a person in care.

end insert begin insert

(3) A Type B violation is a violation that does not meet the
standards of a Type AA or A violation, but that the department
determines poses a potential risk to the health or safety of a person
in care.

end insert begin insert

(4) A Type C violation is a violation that does not meet the
standards of a Type AA, A, or B violation.

end insert

(i) Notwithstanding any begin delete other end delete 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

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

end delete begin delete

(2) A

end delete

begin insert (j) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert A end insert notification of a deficiency written by a representative
of the department shall 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 begin delete of the facility end delete in which the
deficiency occurred. begin insert The department shall make a good faith effort
to work with the licensee to determine the cause of the deficiency
and ways to prevent any repeat violations. end insert

begin insert

(2) The department shall adopt regulations setting forth the
appeal procedures for deficiencies.

end insert

(k) (1) 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 (d) and (e) within 15 business
days of receipt of the notice of a civil penalty assessment and shall
provide all available supporting documentation at that time. The
review shall be conducted by the deputy director of the Community
Care Licensing Division. The licensee may submit additional
supporting documentation that was unavailable at the time of
submitting the request for review within the first 30 business days
after submitting the request for review. If the department requires
additional information from the licensee, that information shall be
requested within the first 30 business days after receiving the
request for review. The licensee shall provide this additional
information within 30 business days of receiving the request from
the department. If the deputy director determines that the civil
penalty was not assessed, or the finding of the deficiency that
resulted in the assessment of the civil penalty was not made, in
accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil penalty or
finding of deficiency. The licensee shall be notified in writing of
the deputy director’s decision within 60 business days of the date
when all necessary information has been provided to the
department by the licensee.

(2) Upon exhausting the review described in paragraph (1), a
licensee may further appeal that decision 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.

(3) 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 department review of the
pending appeal shall cease and the assessment of the civil penalties
shall be heard as part of the administrative action process.

(l) (1) A licensee shall have the right to submit to the
department a written request for a formal review of any other civil
penalty or deficiency not described in subdivision (k) within 15
business days of receipt of the notice of a civil penalty assessment
or a finding of a deficiency, and shall provide all available
supporting documentation at that time. The review shall be
conducted by a regional manager of the Community Care Licensing
Division. The licensee may submit additional supporting
documentation that was unavailable at the time of submitting the
request for review within the first 30 business days after submitting
the request for review. If the department requires additional
information from the licensee, that information shall be requested
within the first 30 business days after receiving the request for
review. The licensee shall provide this additional information
within 30 business days of receiving the request from the
department. If the regional manager determines that the civil
penalty was not assessed, or the finding of the deficiency was not
made, in accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil penalty or
finding of deficiency. The licensee shall be notified in writing of
the regional manager’s decision within 60 business days of the
date when all necessary information has been provided to the
department by the licensee.

(2) Upon exhausting the review described in paragraph (1), the
licensee may further appeal that decision to the program
administrator of the Community Care Licensing Division within
15 business days of receipt of notice of the regional manager’s
decision. The licensee may submit additional supporting
documentation that was unavailable at the time of appeal to the
program administrator within the first 30 business days after
requesting that appeal. If the department requires additional
information from the licensee, that information shall be requested
within the first 30 business days after receiving the request for the
appeal. The licensee shall provide this additional information
within 30 business days of receiving the request from the
department. If the program administrator determines that the civil
penalty was not assessed, or the finding of the deficiency was not
made, in accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil penalty or
finding of deficiency. The licensee shall be notified in writing of
the program administrator’s decision within 60 business days of
the date when all necessary information has been provided to the
department by the licensee. The program administrator’s decision
is considered final and concludes the licensee’s administrative
appeal rights regarding the appeal conducted pursuant to this
paragraph.

(m) The department shall, by January 1, 2016, amend its
regulations to reflect the changes to this section made by Section
8 of Chapter 813 of the Statutes of 2014.

(n) Notwithstanding the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of
Title 2 of the Government Code), the department may implement
and administer the changes made by the act that added this
subdivision through all-county letters or similar written instructions
until regulations are adopted pursuant to the Administrative
Procedure Act.

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

SEC. 6.  

Section 1597.58 of the Health and Safety Code 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 be less than
twenty-five dollars ($25) nor more than fifty dollars ($50) end delete begin insert be one
hundred dollars ($100) end insert per day for each violation of this chapter
begin delete except where end delete begin insert if an agency or facility fails to correct a deficiency
after being provided a specified length of time to correct that
deficiency. If end insert the nature or seriousness of the violation or the
frequency of the violation warrants a higher penalty or an
immediate civil penalty begin delete assessment end delete begin insert assessment, end insert or both, as begin delete determined by the department. Except as otherwise provided in
this chapter, a civil penalty assessment shall not exceed one
hundred fifty dollars ($150) per day per violation. end delete begin insert provided in this
chapter, a correction of the deficiency shall not impact the
imposition of a civil penalty. end insert

begin insert

(2) (A) Any facility that repeats a violation specified in
paragraph (1) within 12 months of a prior violation having a
similar factual description of deficiency as stated on the
notification of deficiency, shall be subject to an immediate civil
penalty of two hundred fifty dollars ($250) per violation and one
hundred dollars ($100) for each day the violation continues after
citation.

end insert

(c)  begin delete Notwithstanding Sections 1596.893a, 1596.893b, 1597.56,
and 1597.62, the end delete begin insert The end insert department shall assess an immediate civil
penalty of begin delete one end delete begin insert five end insert hundred begin delete fifty end delete dollars begin delete ($150) end delete begin insert ($500) end insert per begin delete day per end delete
violation begin insert and one hundred dollars ($100) for each day the violation
continues after citation, end insert for any of the following serious violations:

(1) Any violation that begin delete results end delete begin insert the department determines resulted end insert
in the begin delete injury, illness, or death end delete begin insert injury or illness end insert 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) Any facility that repeats a violation specified in subdivision
(c) within 12 months of a prior violation, having a similar factual
description of deficiency as stated in the notification of deficiency,
is subject to an immediate civil penalty of one thousand dollars
($1,000) per violation and one hundred dollars ($100) for each
day the violation continues after citation.

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   begin insert (1) end insert begin insert   end insert Before the begin delete issuance end delete begin insert assessment end insert of a begin delete citation imposing
a end delete civil penalty pursuant to subdivision begin delete (d) or (e), end delete begin insert (e) or (f), end insert the
decision shall be approved by the program administrator of the
Community Care Licensing Division.

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.

end delete begin insert

(2) If the department assesses a civil penalty pursuant to
subdivision (e) or (f), that civil penalty shall prevail and the civil
penalty for the underlying violation shall be waived.

end insert begin insert

(h) A violation cited by the department shall be classified
according to the nature of the violation and shall indicate the
classification on its face.

end insert begin insert

(1) A Type AA violation is a violation that the department
determines resulted in the death or serious bodily injury of, or that
constitutes physical abuse of, a client, pursuant to subdivision (e)
or (f).

end insert begin insert

(2) A Type A violation is a violation that the department
determines poses a direct and immediate risk to the health or safety
of a person in care.

end insert begin insert

(3) A Type B violation is a violation that does not meet the
standards of a Type AA or A violation, but that the department
determines poses a potential risk to the health or safety of a person
in care.

end insert begin insert

(4) A Type C violation is a violation that does not meet the
standards of a Type AA, A, or B violation.

end insert

(i) 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

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

end delete begin delete

(2) A

end delete

begin insert (j) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert A end insert notification of a deficiency written by a representative
of the department shall 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 begin delete of the facility end delete in which the
deficiency occurred. begin insert The department shall make a good faith effort
to work with the licensee to determine the cause of the deficiency
and ways to prevent any repeat violations. end insert

begin insert

(2) The department shall adopt regulations setting forth appeal
procedures for deficiencies.

end insert

(k) (1) 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 (d) and (e) within 15 business
days of receipt of the notice of a civil penalty assessment and shall
provide all available supporting documentation at that time. The
review shall be conducted by the deputy director of the Community
Care Licensing Division. The licensee may submit additional
supporting documentation that was unavailable at the time of
submitting the request for review within the first 30 business days
after submitting the request for review. If the department requires
additional information from the licensee, that information shall be
requested within the first 30 business days after receiving the
request for review. The licensee shall provide this additional
information within 30 business days of receiving the request from
the department. If the deputy director determines that the civil
penalty was not assessed, or the finding of the deficiency that
resulted in the assessment of the civil penalty was not made, in
accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil penalty or
finding of deficiency. The licensee shall be notified in writing of
the deputy director’s decision within 60 business days of the date
when all necessary information has been provided to the
department by the licensee.

(2) Upon exhausting the review described in paragraph (1), a
licensee may further appeal that decision 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.

(3) 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 department review of the
pending appeal shall cease and the assessment of the civil penalties
shall be heard as part of the administrative action process.

(l) (1) A licensee shall have the right to submit to the
department a written request for a formal review of any other civil
penalty or deficiency not described in subdivision (k) within 15
business days of receipt of the notice of a civil penalty assessment
or a finding of a deficiency, and shall provide all available
supporting documentation at that time. The review shall be
conducted by a regional manager of the Community Care Licensing
Division. The licensee may submit additional supporting
documentation that was unavailable at the time of submitting the
request for review within the first 30 business days after submitting
the request for review. If the department requires additional
information from the licensee, that information shall be requested
within the first 30 business days after receiving the request for
review. The licensee shall provide this additional information
within 30 business days of receiving the request from the
department. If the regional manager determines that the civil
penalty was not assessed, or the finding of the deficiency was not
made, in accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil penalty or
finding of deficiency. The licensee shall be notified in writing of
the regional manager’s decision within 60 business days of the
date when all necessary information has been provided to the
department by the licensee.

(2) Upon exhausting the review described in paragraph (1), the
licensee may further appeal that decision to the program
administrator of the Community Care Licensing Division within
15 business days of receipt of notice of the regional manager’s
decision. The licensee may submit additional supporting
documentation that was unavailable at the time of appeal to the
program administrator within the first 30 business days after
requesting that appeal. If the department requires additional
information from the licensee, that information shall be requested
within the first 30 business days after receiving the request for the
appeal. The licensee shall provide this additional information
within 30 business days of receiving the request from the
department. If the program administrator determines that the civil
penalty was not assessed, or the finding of the deficiency was not
made, in accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil penalty or
finding of deficiency. The licensee shall be notified in writing of
the program administrator’s decision within 60 business days of
the date when all necessary information has been provided to the
department by the licensee. The program administrator’s decision
is considered final and concludes the licensee’s administrative
appeal rights regarding the appeal conducted pursuant to this
paragraph.

(m) The department shall, by January 1, 2016, amend its
regulations to reflect the changes to this section made by Section
10 of Chapter 813 of the Statutes of 2014.

(n) Notwithstanding the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of
Title 2 of the Government Code), the department may implement
and administer the changes made by the act that added this
subdivision through all-county letters or similar written instructions
until regulations are adopted pursuant to the Administrative
Procedure Act.

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