Amended in Senate August 15, 2016

Amended in Senate June 21, 2016

Amended in Assembly April 6, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2231


Introduced by Assembly Member Calderon

begin insert

(Coauthor: Assembly Member Travis Allen)

end insert

February 18, 2016


An act to amend Sections 1566.7, 1569.335, 1596.819, and 1596.859 of, and to amend, repeal, and add 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 amended, 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, commencing July 1, 2017, 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.begin insert The bill would authorize the department, in its sole discretion, to reduce the civil penalty for the cited repeat violation to the level of the underlying violation, if applicable, if it determines that the cited repeat violation is not substantially similar to the original violation.end insert The bill would delete the provisions that authorize the department to impose those civil penalties, and insteadbegin insert wouldend insert require the imposition ofbegin delete thoseend delete civil penalties under those provisions. The bill would require the department to make a good faith effort to work with the licensee to determine the cause of the deficiency and ways to prevent any repeat violations, and to adopt regulations setting forth the appeal procedures for deficiencies. The bill would require civil penalties to be due and payable when administrative appeals have been exhausted and to be subject to late fees, except as specified. 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:

P2    1

SECTION 1.  

Section 1548 of the Health and Safety Code is
2amended to read:

3

1548.  

(a) In addition to the suspension, temporary suspension,
4or revocation of a license issued under this chapter, the department
5may levy a civil penalty.

6(b) The amount of the civil penalty shall not be less than
7twenty-five dollars ($25) or more than fifty dollars ($50) per day
8for each violation of this chapter except where the nature or
9seriousness of the violation or the frequency of the violation
10warrants a higher penalty or an immediate civil penalty assessment,
11or both, as determined by the department. Except as otherwise
12provided in this chapter, a civil penalty assessment shall not exceed
13one hundred fifty dollars ($150) per day per violation.

14(c) Notwithstanding Section 1534, the department shall assess
15an immediate civil penalty of one hundred fifty dollars ($150) per
16day per violation for any of the following serious violations:

17(1) (A) Fire clearance violations, including, but not limited to,
18overcapacity, ambulatory status, inoperable smoke alarms, and
19inoperable fire alarm systems. The civil penalty shall not be
20assessed if the licensee has done either of the following:

P3    1(i) Requested the appropriate fire clearance based on ambulatory,
2nonambulatory, or bedridden status, and the decision is pending.

3(ii) Initiated eviction proceedings.

4(B) A licensee denied a clearance for bedridden residents may
5appeal to the fire authority, and, if that appeal is denied, may
6subsequently appeal to the Office of the State Fire Marshal, and
7shall not be assessed an immediate civil penalty until the final
8appeal is decided, or after 60 days has passed from the date of the
9citation, whichever is earlier.

10(2) Absence of supervision, as required by statute or regulation.

11(3) Accessible bodies of water when prohibited in this chapter
12or regulations adopted pursuant to this chapter.

13(4) Accessible firearms, ammunition, or both.

14(5) Refused entry to a facility or any part of a facility in violation
15of Section 1533, 1534, or 1538.

16(6) The presence of an excluded person on the premises.

17(d) (1) For a violation that the department determines resulted
18in the death of a resident at an adult residential facility, social
19rehabilitation facility, enhanced behavioral supports home licensed
20as an adult residential facility, adult residential facility for persons
21with special health care needs, or community crisis home, the civil
22penalty shall be fifteen thousand dollars ($15,000).

23(2) For a violation that the department determines resulted in
24the death of a person receiving care at an adult day program, the
25civil penalty shall be assessed as follows:

26(A) Seven thousand five hundred dollars ($7,500) for a facility
27licensed to care for 50 or fewer persons.

28(B) Ten thousand dollars ($10,000) for a facility licensed to
29care for 51 or more persons.

30(3) For a violation that the department determines resulted in
31the death of a person receiving care at a therapeutic day services
32facility, community treatment facility, transitional shelter care
33facility, transitional housing placement provider, small family
34home, crisis nursery, group home, enhanced behavioral supports
35home licensed as a group home, or short-term residential treatment
36center, the civil penalty shall be assessed as follows:

37(A) Seven thousand five hundred dollars ($7,500) for a facility
38licensed to care for 40 or fewer children.

39(B) Ten thousand dollars ($10,000) for a facility licensed to
40care for 41 to 100, inclusive, children.

P4    1(C) Fifteen thousand dollars ($15,000) for a facility licensed to
2care for more than 100 children.

3(4) For a violation that the department determines resulted in
4the death of a youth receiving care at a runaway and homeless
5youth shelter licensed as a group home, the civil penalty shall be
6five thousand dollars ($5,000).

7(5) For a violation that the department determines resulted in
8the death of a child receiving care through a foster family agency,
9the civil penalty shall be seven thousand five hundred dollars
10($7,500).

11(6) For a violation that the department determines resulted in
12the death of an individual receiving care or services through a
13full-service or noncustodial adoption agency, the civil penalty shall
14be seven thousand five hundred dollars ($7,500).

15(e) (1) (A) For a violation that the department determines
16constitutes physical abuse, as defined in Section 15610.63 of the
17Welfare and Institutions Code, or resulted in serious bodily injury,
18as defined in Section 243 of the Penal Code, to a resident at an
19adult residential facility, social rehabilitation facility, enhanced
20behavioral supports home licensed as an adult residential facility,
21adult residential facility for persons with special health care needs,
22or community crisis home, the civil penalty shall be ten thousand
23dollars ($10,000).

24(B) For a violation that the department determines constitutes
25physical abuse, as defined in Section 15610.63 of the Welfare and
26Institutions Code, or resulted in serious bodily injury, as defined
27in Section 243 of the Penal Code, to a person receiving care at an
28adult day program, the civil penalty shall be assessed as follows:

29(i) Two thousand five hundred dollars ($2,500) for a facility
30licensed to care for 50 or fewer persons.

31(ii) Five thousand dollars ($5,000) for a facility licensed to care
32for 51 or more persons.

33(C) For a violation that the department determines constitutes
34physical abuse, as defined in paragraph (2), or resulted in serious
35bodily injury, as defined in Section 243 of the Penal Code, to a
36person receiving care at a therapeutic day services facility,
37community treatment facility, transitional shelter care facility,
38transitional housing placement provider, small family home, crisis
39nursery, group home, enhanced behavioral supports home licensed
P5    1as a group home, or short-term residential treatment center, the
2civil penalty shall be assessed as follows:

3(i) Two thousand five hundred dollars ($2,500) for a facility
4licensed to care for 40 or fewer children.

5(ii) Five thousand dollars ($5,000) for a facility licensed to care
6for 41 to 100, inclusive, children.

7(iii) Ten thousand dollars ($10,000) for a facility licensed to
8care for more than 100 children.

9(D) For a violation that the department determines constitutes
10physical abuse, as defined in paragraph (2), or resulted in serious
11bodily injury, as defined in Section 243 of the Penal Code, to a
12youth receiving care at a runaway and homeless youth shelter
13licensed as a group home, the civil penalty shall be one thousand
14dollars ($1,000).

15(E) For a violation that the department determines constitutes
16physical abuse, as defined in paragraph (2), or resulted in serious
17bodily injury, as defined in Section 243 of the Penal Code, to a
18child receiving care through a foster family agency, the civil
19penalty shall be two thousand five hundred dollars ($2,500).

20(F) For a violation that the department determines constitutes
21physical abuse, as defined in paragraph (2), or resulted in serious
22bodily injury, as defined in Section 243 of the Penal Code, to an
23individual receiving care or services through a full-service or
24noncustodial adoption agency, the civil penalty shall be two
25thousand five hundred dollars ($2,500).

26(2) For purposes of subparagraphs (C), (D), (E), and (F) of
27paragraph (1), “physical abuse” includes physical injury inflicted
28upon a child by another person by other than accidental means,
29sexual abuse as defined in Section 11165.1 of the Penal Code,
30neglect as defined in Section 11165.2 of the Penal Code, or
31unlawful corporal punishment or injury as defined in Section
3211165.4 of the Penal Code when the person responsible for the
33child’s welfare is a licensee, administrator, or employee of any
34facility licensed to care for children.

35(f) Prior to the issuance of a citation imposing a civil penalty
36pursuant to subdivision (d) or (e), the decision shall be approved
37by the program administrator of the Community Care Licensing
38Division.

39(g) Notwithstanding Section 1534, any facility that is cited for
40repeating the same violation of this chapter within 12 months of
P6    1the first violation is subject to an immediate civil penalty of one
2hundred fifty dollars ($150) and fifty dollars ($50) for each day
3the violation continues until the deficiency is corrected.

4(h) Any facility that is assessed a civil penalty pursuant to
5subdivision (g) that repeats the same violation of this chapter within
612 months of the violation subject to subdivision (g) is subject to
7an immediate civil penalty of one hundred fifty dollars ($150) for
8each day the violation continues until the deficiency is corrected.

9(i) (1) The department shall adopt regulations setting forth the
10appeal procedures for deficiencies.

11(2) A notification of a deficiency written by a representative of
12the department shall include a factual description of the nature of
13the deficiency fully stating the manner in which the licensee failed
14to comply with the specified statute or regulation, and, if
15applicable, the particular place or area of the facility in which the
16deficiency occurred.

17(j) (1) A licensee shall have the right to submit to the
18department a written request for a formal review of a civil penalty
19assessed pursuant to subdivisions (d) and (e) within 15 business
20days of receipt of the notice of a civil penalty assessment and shall
21provide all available supporting documentation at that time. The
22review shall be conducted by the deputy director of the Community
23Care Licensing Division. The licensee may submit additional
24supporting documentation that was unavailable at the time of
25submitting the request for review within the first 30 business days
26after submitting the request for review. If the department requires
27additional information from the licensee, that information shall be
28requested within the first 30 business days after receiving the
29request for review. The licensee shall provide this additional
30information within 30 business days of receiving the request from
31the department. If the deputy director determines that the civil
32penalty was not assessed, or the finding of deficiency was not
33made, in accordance with applicable statutes or regulations of the
34department, he or she may amend or dismiss the civil penalty or
35finding of deficiency. The licensee shall be notified in writing of
36the deputy director’s decision within 60 business days of the date
37when all necessary information has been provided to the
38department by the licensee.

39(2) Upon exhausting the review described in paragraph (1), a
40licensee may further appeal that decision to an administrative law
P7    1judge. Proceedings shall be conducted in accordance with Chapter
25 (commencing with Section 11500) of Part 1 of Division 3 of
3Title 2 of the Government Code, and the department shall have all
4the powers granted by those provisions. In all proceedings
5conducted in accordance with this section, the standard of proof
6shall be by a preponderance of the evidence.

7(3) If, in addition to an assessment of civil penalties, the
8department elects to file an administrative action to suspend or
9revoke the facility license that includes violations relating to the
10assessment of the civil penalties, the department review of the
11pending appeal shall cease and the assessment of the civil penalties
12shall be heard as part of the administrative action process.

13(k) (1) A licensee shall have the right to submit to the
14department a written request for a formal review of any other civil
15penalty or deficiency not described in subdivision (j) within 15
16business days of receipt of the notice of a civil penalty assessment
17or a finding of a deficiency, and shall provide all available
18supporting documentation at that time. The review shall be
19conducted by a regional manager of the Community Care Licensing
20Division. The licensee may submit additional supporting
21documentation that was unavailable at the time of submitting the
22request for review within the first 30 business days after submitting
23the request for review. If the department requires additional
24information from the licensee, that information shall be requested
25within the first 30 business days after receiving the request for
26review. The licensee shall provide this additional information
27within 30 business days of receiving the request from the
28department. If the regional manager determines that the civil
29penalty was not assessed, or the finding of the deficiency was not
30made, in accordance with applicable statutes or regulations of the
31department, he or she may amend or dismiss the civil penalty or
32finding of deficiency. The licensee shall be notified in writing of
33the regional manager’s decision within 60 business days of the
34date when all necessary information has been provided to the
35department by the licensee.

36(2) Upon exhausting the review described in paragraph (1), the
37licensee may further appeal that decision to the program
38administrator of the Community Care Licensing Division within
3915 business days of receipt of notice of the regional manager’s
40decision. The licensee may submit additional supporting
P8    1documentation that was unavailable at the time of appeal to the
2program administrator within the first 30 business days after
3requesting that appeal. If the department requires additional
4information from the licensee, that information shall be requested
5within the first 30 business days after receiving the request for the
6appeal. The licensee shall provide this additional information
7within 30 business days of receiving the request from the
8department. If the program administrator determines that the civil
9penalty was not assessed, or the finding of the deficiency was not
10made, in accordance with applicable statutes or regulations of the
11department, he or she may amend or dismiss the civil penalty or
12finding of deficiency. The licensee shall be notified in writing of
13the program administrator’s decision within 60 business days of
14the date when all necessary information has been provided to the
15department by the licensee. The program administrator’s decision
16is considered final and concludes the licensee’s administrative
17appeal rights regarding the appeal conducted pursuant to this
18paragraph.

19(l) The department shall adopt regulations implementing this
20section.

21(m) The department shall, by January 1, 2016, amend its
22regulations to reflect the changes to this section made by Section
232 of Chapter 813 of the Statutes of 2014.

24(n) As provided in Section 11466.31 of the Welfare and
25Institutions Code, the department may offset civil penalties owed
26by a group home or short-term residential treatment center against
27moneys to be paid by a county for the care of minors after the
28group home or short-term residential treatment center has exhausted
29its appeal of the civil penalty assessment. The department shall
30provide the group home or short-term residential treatment center
31a reasonable opportunity to pay the civil penalty before instituting
32the offset provision.

33(o) Notwithstanding the Administrative Procedure Act (Chapter
343.5 (commencing with Section 11340) of Part 1 of Division 3 of
35Title 2 of the Government Code), the department may implement
36and administer the changes made by the act that added this
37subdivision through all-county letters or similar written instructions
38until regulations are adopted pursuant to the Administrative
39Procedure Act.

P9    1(p) This section shall become inoperative on July 1, 2017, and,
2as of January 1, 2018, is repealed, unless a later enacted statute,
3that becomes operative on or before January 1, 2018, deletes or
4extends the dates on which it becomes inoperative and is repealed.

5

SEC. 2.  

Section 1548 is added to the Health and Safety Code,
6to read:

7

1548.  

(a) In addition to the suspension, temporary suspension,
8or revocation of a license issued under this chapter, the department
9shall levy civil penalties as follows:

10(b) (1) The amount of the civil penalty shall be one hundred
11dollars ($100) per day for each violation of this chapter if an agency
12or facility fails to correct a deficiency after being provided a
13specified length of time to correct that deficiency.

14(A) If a licensee or a licensee’s representative submits evidence
15to the department that the licensee has corrected a deficiency, and
16the department, after reviewing that evidence, has determined that
17the deficiency has been corrected, the civil penalty shall cease as
18of the day the department received that evidence.

19(B) If the department deems it necessary, the department shall
20inspect the facility within five working days after the department
21receives evidence pursuant to subparagraph (A) to confirm that
22the deficiency has been corrected.

23(C) If the department determines that the deficiency has not
24been corrected, the civil penalty shall continue to accrue from the
25date of the original citation.

26(D) If the department is able to verify that the deficiency was
27corrected prior to the date on which the department received the
28evidence pursuant to subparagraph (A), the civil penalty shall cease
29as of that earlier date.

30(2) (A) If the department issues a notification of deficiency to
31an agency or facility for a repeat violation of a violation specified
32in paragraph (1), the department shall assess an immediate civil
33penalty of two hundred fifty dollars ($250) per repeat violation
34and one hundred dollars ($100) for each day the repeat violation
35continues after citation. The notification of deficiency shall state
36the manner in which the deficiency constitutes a repeat violation
37and shall be submitted to a supervisor for review and approval.

38(B) For purposes of this section, “repeat violation” means a
39violation within 12 months of a prior violation of a statutory or
P10   1regulatory provision designated by the same combination of letters
2or numerals, or both letters and numerals.

begin insert

3
(C) Notwithstanding subparagraphs (A) and (B), the department,
4in its sole discretion, may reduce the civil penalty for the cited
5repeat violation to the level of the underlying violation, as
6applicable, if it determines that the cited repeat violation is not
7substantially similar to the original violation.

end insert

8(3) If the nature or seriousness of the violation or the frequency
9of the violation warrants a higher penalty or an immediate civil
10penalty assessment, or both, as provided in this chapter, a
11correction of the deficiency shall not impact the imposition of a
12civil penalty.

13(c) The department shall assess an immediate civil penalty of
14five hundred dollars ($500) per violation and one hundred dollars
15($100) for each day the violation continues after citation for any
16of the following serious violations:

17(1) Any violation that the department determines resulted in the
18injury or illness of a person in care.

19(2) (A) Fire clearance violations, including, but not limited to,
20overcapacity, ambulatory status, inoperable smoke alarms, and
21inoperable fire alarm systems. The civil penalty shall not be
22assessed if the licensee has done either of the following:

23(i) Requested the appropriate fire clearance based on ambulatory,
24nonambulatory, or bedridden status, and the decision is pending.

25(ii) Initiated eviction proceedings.

26(B) A licensee denied a clearance for bedridden residents may
27appeal to the fire authority, and, if that appeal is denied, may
28subsequently appeal to the Office of the State Fire Marshal, and
29shall not be assessed an immediate civil penalty until the final
30appeal is decided, or after 60 days has passed from the date of the
31citation, whichever is earlier.

32(3) Absence of supervision, as required by statute or regulation.

33(4) Accessible bodies of water, when prohibited in this chapter
34or regulations adopted pursuant to this chapter.

35(5) Accessible firearms, ammunition, or both.

36(6) Refused entry to a facility or any part of a facility in violation
37of Section 1533, 1534, or 1538.

38(7) The presence of a person subject to a department Order of
39Exclusion on the premises.

P11   1(d) If the department issues a notification of deficiency to an
2agency or facility for a repeat violation specified in subdivision
3(c), the department shall assess an immediate civil penalty of one
4thousand dollars ($1,000) per repeat violation and one hundred
5dollars ($100) for each day the repeat violation continues after
6citation. The notification of deficiency shall state the manner in
7which the deficiency constitutes a repeat violation and shall be
8submitted to a supervisor for review and approval.

9(e) (1) For a violation that the department determines resulted
10in the death of a resident at an adult residential facility, social
11rehabilitation facility, enhanced behavioral supports home licensed
12as an adult residential facility, adult residential facility for persons
13with special health care needs, or community crisis home, the civil
14penalty shall be fifteen thousand dollars ($15,000).

15(2) For a violation that the department determines resulted in
16the death of a person receiving care at an adult day program, the
17civil penalty shall be assessed as follows:

18(A) Seven thousand five hundred dollars ($7,500) for a facility
19licensed to care for 50 or fewer persons.

20(B) Ten thousand dollars ($10,000) for a facility licensed to
21care for 51 or more persons.

22(3) For a violation that the department determines resulted in
23the death of a person receiving care at a therapeutic day services
24facility, community treatment facility, transitional shelter care
25facility, transitional housing placement provider, small family
26home, crisis nursery, group home, enhanced behavioral supports
27home licensed as a group home, or short-term residential treatment
28center, the civil penalty shall be assessed as follows:

29(A) Seven thousand five hundred dollars ($7,500) for a facility
30licensed to care for 40 or fewer children.

31(B) Ten thousand dollars ($10,000) for a facility licensed to
32care for 41 to 100, inclusive, children.

33(C) Fifteen thousand dollars ($15,000) for a facility licensed to
34care for more than 100 children.

35(4) For a violation that the department determines resulted in
36the death of a youth receiving care at a runaway and homeless
37youth shelter licensed as a group home, the civil penalty shall be
38five thousand dollars ($5,000).

39(5) For a violation that the department determines resulted in
40the death of a child receiving care through a foster family agency,
P12   1the civil penalty shall be seven thousand five hundred dollars
2($7,500).

3(6) For a violation that the department determines resulted in
4the death of an individual receiving care or services through a
5full-service or noncustodial adoption agency, the civil penalty shall
6be seven thousand five hundred dollars ($7,500).

7(f) (1) (A) For a violation that the department determines
8constitutes physical abuse, as defined in Section 15610.63 of the
9Welfare and Institutions Code, or resulted in serious bodily injury,
10as defined in Section 243 of the Penal Code, to a resident at an
11adult residential facility, social rehabilitation facility, enhanced
12behavioral supports home licensed as an adult residential facility,
13adult residential facility for persons with special health care needs,
14or community crisis home, the civil penalty shall be ten thousand
15dollars ($10,000).

16(B) For a violation that the department determines constitutes
17physical abuse, as defined in Section 15610.63 of the Welfare and
18Institutions Code, or resulted in serious bodily injury, as defined
19in Section 243 of the Penal Code, to a person receiving care at an
20adult day program, the civil penalty shall be assessed as follows:

21(i) Two thousand five hundred dollars ($2,500) for a facility
22licensed to care for 50 or fewer persons.

23(ii) Five thousand dollars ($5,000) for a facility licensed to care
24for 51 or more persons.

25(C) For a violation that the department determines constitutes
26physical abuse, as defined in paragraph (2), or resulted in serious
27bodily injury, as defined in Section 243 of the Penal Code, to a
28person receiving care at a therapeutic day services facility,
29community treatment facility, transitional shelter care facility,
30transitional housing placement provider, small family home, crisis
31nursery, group home, enhanced behavioral supports home licensed
32as a group home, or short-term residential treatment center, the
33civil penalty shall be assessed as follows:

34(i) Two thousand five hundred dollars ($2,500) for a facility
35licensed to care for 40 or fewer children.

36(ii) Five thousand dollars ($5,000) for a facility licensed to care
37for 41 to 100, inclusive, children.

38(iii) Ten thousand dollars ($10,000) for a facility licensed to
39care for more than 100 children.

P13   1(D) For a violation that the department determines constitutes
2physical abuse, as defined in paragraph (2), or resulted in serious
3bodily injury, as defined in Section 243 of the Penal Code, to a
4youth receiving care at a runaway and homeless youth shelter
5licensed as a group home, the civil penalty shall be one thousand
6dollars ($1,000).

7(E) For a violation that the department determines constitutes
8physical abuse, as defined in paragraph (2), or resulted in serious
9bodily injury, as defined in Section 243 of the Penal Code, to a
10child receiving care through a foster family agency, the civil
11penalty shall be two thousand five hundred dollars ($2,500).

12(F) For a violation that the department determines constitutes
13 physical abuse, as defined in paragraph (2), or resulted in serious
14bodily injury, as defined in Section 243 of the Penal Code, to an
15individual receiving care or services through a full-service or
16noncustodial adoption agency, the civil penalty shall be two
17thousand five hundred dollars ($2,500).

18(2) For purposes of subparagraphs (C), (D), (E), and (F) of
19paragraph (1), “physical abuse” includes physical injury inflicted
20upon a child by another person by other than accidental means,
21sexual abuse as defined in Section 11165.1 of the Penal Code,
22neglect as defined in Section 11165.2 of the Penal Code, or
23unlawful corporal punishment or injury as defined in Section
2411165.4 of the Penal Code when the person responsible for the
25child’s welfare is a licensee, administrator, or employee of any
26facility licensed to care for children.

27(g) (1) Before the assessment of a civil penalty pursuant to
28subdivision (e) or (f), the decision shall be approved by the program
29administrator of the Community Care Licensing Division.

30(2) (A) The department shall reduce the amount of a civil
31penalty due pursuant to subdivision (e) or (f) by the amount of the
32civil penalty already assessed for the underlying violation.

33(B) If the amount of the civil penalty that the department has
34already assessed for the underlying violation exceeds the amount
35of the penalty pursuant to subdivision (e) or (f), the larger amount
36shall prevail and be due and payable as already assessed by the
37department.

38(h) (1) A notification of a deficiency written by a representative
39of the department shall include a factual description of the nature
40of the deficiency fully stating the manner in which the licensee
P14   1failed to comply with the specified statute or regulation, and, if
2applicable, the particular place or area of the facility in which the
3deficiency occurred. The department shall make a good faith effort
4to work with the licensee to determine the cause of the deficiency
5and ways to prevent any repeat violations.

6(2) The department shall adopt regulations setting forth the
7appeal procedures for deficiencies.

8(i) (1) A licensee shall have the right to submit to the
9department a written request for a formal review of a civil penalty
10assessed pursuant to subdivision (e) or (f) within 15 business days
11of receipt of the notice of a civil penalty assessment and shall
12provide all available supporting documentation at that time. The
13review shall be conducted by the deputy director of the Community
14Care Licensing Division. The licensee may submit additional
15supporting documentation that was unavailable at the time of
16submitting the request for review within the first 30 business days
17after submitting the request for review. If the department requires
18additional information from the licensee, that information shall be
19requested within the first 30 business days after receiving the
20request for review. The licensee shall provide this additional
21information within 30 business days of receiving the request from
22the department. If the deputy director determines that the civil
23penalty was not assessed, or the finding of deficiency was not
24made, in accordance with applicable statutes or regulations of the
25department, he or she may amend or dismiss the civil penalty or
26finding of deficiency. The licensee shall be notified in writing of
27the deputy director’s decision within 60 business days of the date
28when all necessary information has been provided to the
29department by the licensee.

30(2) Upon exhausting the review described in paragraph (1), a
31licensee may further appeal that decision to an administrative law
32judge. Proceedings shall be conducted in accordance with Chapter
335 (commencing with Section 11500) of Part 1 of Division 3 of
34Title 2 of the Government Code, and the department shall have all
35the powers granted by those provisions. In all proceedings
36conducted in accordance with this section, the standard of proof
37shall be by a preponderance of the evidence.

38(3) If, in addition to an assessment of civil penalties, the
39department elects to file an administrative action to suspend or
40revoke the facility license that includes violations relating to the
P15   1assessment of the civil penalties, the department review of the
2pending appeal shall cease and the assessment of the civil penalties
3shall be heard as part of the administrative action process.

4(4) Civil penalties shall be due and payable when administrative
5appeals have been exhausted. Unless payment arrangements have
6been made that are acceptable to the department, a civil penalty
7not paid within 30 days shall be subject to late fees, as specified
8by the department in regulation.

9(j) (1) A licensee shall have the right to submit to the
10department a written request for a formal review of any other civil
11penalty or deficiency not described in subdivision (i) within 15
12business days of receipt of the notice of a civil penalty assessment
13or a finding of a deficiency, and shall provide all available
14supporting documentation at that time. The review shall be
15conducted by a regional manager of the Community Care Licensing
16Division. The licensee may submit additional supporting
17documentation that was unavailable at the time of submitting the
18request for review within the first 30 business days after submitting
19the request for review. If the department requires additional
20information from the licensee, that information shall be requested
21within the first 30 business days after receiving the request for
22review. The licensee shall provide this additional information
23within 30 business days of receiving the request from the
24department. If the regional manager determines that the civil
25penalty was not assessed, or the finding of the deficiency was not
26made, in accordance with applicable statutes or regulations of the
27department, he or she may amend or dismiss the civil penalty or
28finding of deficiency. The licensee shall be notified in writing of
29the regional manager’s decision within 60 business days of the
30date when all necessary information has been provided to the
31department by the licensee.

32(2) Upon exhausting the review described in paragraph (1), the
33licensee may further appeal that decision to the program
34administrator of the Community Care Licensing Division within
3515 business days of receipt of notice of the regional manager’s
36decision. The licensee may submit additional supporting
37documentation that was unavailable at the time of appeal to the
38program administrator within the first 30 business days after
39requesting that appeal. If the department requires additional
40information from the licensee, that information shall be requested
P16   1within the first 30 business days after receiving the request for the
2appeal. The licensee shall provide this additional information
3within 30 business days of receiving the request from the
4department. If the program administrator determines that the civil
5penalty was not assessed, or the finding of the deficiency was not
6made, in accordance with applicable statutes or regulations of the
7department, he or she may amend or dismiss the civil penalty or
8finding of deficiency. The licensee shall be notified in writing of
9the program administrator’s decision within 60 business days of
10the date when all necessary information has been provided to the
11department by the licensee. The program administrator’s decision
12is considered final and concludes the licensee’s administrative
13appeal rights regarding the appeal conducted pursuant to this
14paragraph.

15(3) Civil penalties shall be due and payable when administrative
16appeals have been exhausted. Unless payment arrangements have
17been made that are acceptable to the department, a civil penalty
18not paid within 30 days shall be subject to late fees, as specified
19by the department in regulation.

20(k) The department shall adopt regulations implementing this
21section.

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

25(m) As provided in Section 11466.31 of the Welfare and
26Institutions Code, the department may offset civil penalties owed
27by a group home or short-term residential treatment center against
28moneys to be paid by a county for the care of minors after the
29group home or short-term residential treatment center has exhausted
30its appeal of the civil penalty assessment. The department shall
31provide the group home or short-term residential treatment center
32a reasonable opportunity to pay the civil penalty before instituting
33the offset provision.

34(n) Notwithstanding the Administrative Procedure Act (Chapter
353.5 (commencing with Section 11340) of Part 1 of Division 3 of
36Title 2 of the Government Code), the department may implement
37and administer the changes made by the act that added this
38subdivision through all-county letters or similar written instructions
39until regulations are adopted pursuant to the Administrative
40Procedure Act.

P17   1(o) This section shall become operative on July 1, 2017.

2

SEC. 3.  

Section 1566.7 of the Health and Safety Code is
3amended to read:

4

1566.7.  

The department shall notify affected placement
5agencies and the Office of the State Long-Term Care Ombudsman,
6as defined in subdivision (c) of Section 9701 of the Welfare and
7Institutions Code, whenever the department substantiates that a
8violation has occurred, which poses a serious threat to the health
9and safety of any resident when the violation results in the
10assessment of any penalty or causes an accusation to be filed for
11the revocation of a license. If the violation is appealed by the
12facility within 15 business days, the department shall only notify
13placement agencies of the violation when the appeal has been
14exhausted. If the appeal process has not been completed within 60
15days, the placement agency shall be notified with a notation which
16indicates that the case is still under appeal. The notice to each
17placement agency shall be updated monthly for the following
1824-month period and shall include the name and location of the
19facility, the amount of the fine, the nature of the violation, the
20corrective action taken, the status of the revocation, and the
21resolution of the complaint. At any time during which a facility is
22found to have one or more of the following serious deficiencies,
23the director shall provide an immediate notice of not to exceed
24five working days to the placement agency:

25(a)  Discovery that an employee of the facility has a criminal
26record which would affect the facility’s compliance with Section
271522.

28(b)  Discovery that a serious incident that resulted in physical
29or emotional trauma of a resident has occurred in a facility.

30

SEC. 4.  

Section 1568.0822 of the Health and Safety Code is
31amended to read:

32

1568.0822.  

(a) In addition to the suspension, temporary
33suspension, or revocation of a license issued under this chapter,
34the department may levy a civil penalty.

35(b) The amount of the civil penalty shall not be less than
36twenty-five dollars ($25) or more than fifty dollars ($50) per day
37for each violation of this chapter, except where the nature or
38seriousness of the violation or the frequency of the violation
39warrants a higher penalty or an immediate civil penalty assessment,
40or both, as determined by the department. Except as otherwise
P18   1provided in this chapter, a civil penalty assessment shall not exceed
2one hundred fifty dollars ($150) per day per violation.

3(c) Notwithstanding Section 1568.07, the department shall assess
4an immediate civil penalty of one hundred fifty dollars ($150) per
5day per violation for any of the following serious violations:

6(1) (A) Fire clearance violations, including, but not limited to,
7overcapacity, ambulatory status, inoperable smoke alarms, and
8inoperable fire alarm systems. The civil penalty shall not be
9assessed if the licensee has done either of the following:

10(i) Requested the appropriate fire clearance based on ambulatory,
11nonambulatory, or bedridden status, and the decision is pending.

12(ii) Initiated eviction proceedings.

13(B) A licensee denied a clearance for bedridden residents may
14appeal to the fire authority, and, if that appeal is denied, may
15subsequently appeal to the Office of the State Fire Marshal, and
16shall not be assessed an immediate civil penalty until the final
17appeal is decided, or after 60 days has passed from the date of the
18citation, whichever is earlier.

19(2) Absence of supervision, as required by statute and regulation.

20(3) Accessible bodies of water, when prohibited in this chapter
21or regulations adopted pursuant to this chapter.

22(4) Accessible firearms, ammunition, or both.

23(5) Refused entry to a facility or any part of a facility in violation
24of Section 1568.07 or 1568.071.

25(6) The presence of an excluded person on the premises.

26(d) For a violation that the department determines resulted in
27the death of a resident, the civil penalty shall be fifteen thousand
28dollars ($15,000).

29(e) For a violation that the department determines constitutes
30physical abuse, as defined in Section 15610.63 of the Welfare and
31Institutions Code, or resulted in serious bodily injury, as defined
32in Section 243 of the Penal Code, to a resident, the civil penalty
33shall be ten thousand dollars ($10,000).

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

38(g) Notwithstanding Section 1568.07, any residential care
39facility that is cited for repeating the same violation of this chapter
40within 12 months of the first violation is subject to an immediate
P19   1civil penalty of one hundred fifty dollars ($150) and fifty dollars
2($50) for each day the violation continues until the deficiency is
3corrected.

4(h) Any residential care facility that is assessed a civil penalty
5pursuant to subdivision (g) that repeats the same violation of this
6chapter within 12 months of the violation subject to subdivision
7(g) shall be assessed an immediate civil penalty of one thousand
8dollars ($1,000) and one hundred dollars ($100) for each day the
9violation continues until the deficiency is corrected, provided that
10the violation is a serious violation.

11(i) (1) The department shall adopt regulations setting forth the
12appeal procedures for deficiencies.

13(2) A notification of a deficiency written by a representative of
14the department shall include a factual description of the nature of
15the deficiency fully stating the manner in which the licensee failed
16to comply with the specified statute or regulation, and, if
17applicable, the particular place or area of the facility in which the
18deficiency occurred.

19(j) (1) A licensee shall have the right to submit to the
20department a written request for a formal review of a civil penalty
21assessed pursuant to subdivisions (d) and (e) within 15 business
22days of receipt of the notice of a civil penalty assessment and shall
23provide all available supporting documentation at that time. The
24review shall be conducted by the deputy director of the Community
25Care Licensing Division. The licensee may submit additional
26supporting documentation that was unavailable at the time of
27submitting the request for review within the first 30 business days
28after submitting the request for review. If the department requires
29additional information from the licensee, that information shall be
30requested within the first 30 business days after receiving the
31request for review. The licensee shall provide this additional
32information within 30 business days of receiving the request from
33the department. If the deputy director determines that the civil
34penalty was not assessed, or the finding of deficiency that resulted
35in the assessment of the civil penalty was not made, in accordance
36with applicable statutes or regulations of the department, he or she
37may amend or dismiss the civil penalty or finding of deficiency.
38The licensee shall be notified in writing of the deputy director’s
39decision within 60 business days of the date when all necessary
40information has been provided to the department by the licensee.

P20   1(2) Upon exhausting the review described in paragraph (1), a
2licensee may further appeal that decision to an administrative law
3judge. Proceedings shall be conducted in accordance with Chapter
45 (commencing with Section 11500) of Part 1 of Division 3 of
5Title 2 of the Government Code, and the department shall have all
6the powers granted by those provisions. In all proceedings
7conducted in accordance with this section, the standard of proof
8shall be by a preponderance of the evidence.

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

15(k) (1) A licensee shall have the right to submit to the
16department a written request for a formal review of any other civil
17penalty or deficiency not described in subdivision (j) within 15
18business days of receipt of the notice of a civil penalty assessment
19or a finding of a deficiency, and shall provide all available
20supporting documentation at that time. The review shall be
21conducted by a regional manager of the Community Care Licensing
22Division. The licensee may submit additional supporting
23documentation that was unavailable at the time of submitting the
24request for review within the first 30 business days after submitting
25the request for review. If the department requires additional
26information from the licensee, that information shall be requested
27within the first 30 business days after receiving the request for
28review. The licensee shall provide this additional information
29within 30 business days of receiving the request from the
30department. If the regional manager determines that the civil
31penalty was not assessed, or the finding of the deficiency was not
32made, in accordance with applicable statutes or regulations of the
33department, he or she may amend or dismiss the civil penalty or
34finding of deficiency. The licensee shall be notified in writing of
35the regional manager’s decision within 60 business days of the
36date when all necessary information has been provided to the
37department by the licensee.

38(2) Upon exhausting the review described in paragraph (1), the
39licensee may further appeal that decision to the program
40administrator of the Community Care Licensing Division within
P21   115 business days of receipt of notice of the regional manager’s
2decision. The licensee may submit additional supporting
3documentation that was unavailable at the time of appeal to the
4program administrator within the first 30 business days after
5requesting that appeal. If the department requires additional
6information from the licensee, that information shall be requested
7within the first 30 business days after receiving the request for the
8appeal. The licensee shall provide this additional information
9within 30 business days of receiving the request from the
10department. If the program administrator determines that the civil
11penalty was not assessed, or the finding of the deficiency was not
12made, in accordance with applicable statutes or regulations of the
13department, he or she may amend or dismiss the civil penalty or
14finding of deficiency. The licensee shall be notified in writing of
15the program administrator’s decision within 60 business days of
16the date when all necessary information has been provided to the
17department by the licensee. The program administrator’s decision
18is considered final and concludes the licensee’s administrative
19appeal rights regarding the appeal conducted pursuant to this
20paragraph.

21(l) The department shall adopt regulations implementing this
22section.

23(m) The department shall, by January 1, 2016, amend its
24regulations to reflect the changes to this section made by Section
254 of Chapter 813 of the Statutes of 2014.

26(n) Notwithstanding the Administrative Procedure Act (Chapter
273.5 (commencing with Section 11340) of Part 1 of Division 3 of
28Title 2 of the Government Code), the department may implement
29and administer the changes made by the act that added this
30subdivision through all-county letters or similar written instructions
31until regulations are adopted pursuant to the Administrative
32Procedure Act.

33(o) This section shall become inoperative on July 1, 2017, and,
34as of January 1, 2018, is repealed, unless a later enacted statute,
35that becomes operative on or before January 1, 2018, deletes or
36extends the dates on which it becomes inoperative and is repealed.

37

SEC. 5.  

Section 1568.0822 is added to the Health and Safety
38Code
, to read:

P22   1

1568.0822.  

(a) In addition to the suspension, temporary
2suspension, or revocation of a license issued under this chapter,
3the department shall levy civil penalties as follows:

4(b) (1) The amount of the civil penalty shall be one hundred
5dollars ($100) per day for each violation of this chapter if a facility
6fails to correct a deficiency after being provided a specified length
7of time to correct that deficiency.

8(A) If a licensee or a licensee’s representative submits evidence
9to the department that the licensee has corrected a deficiency, and
10the department, after reviewing that evidence, has determined that
11the deficiency has been corrected, the civil penalty shall cease as
12of the day the department received that evidence.

13(B) If the department deems it necessary, the department shall
14inspect the facility within five working days after the department
15receives evidence pursuant to subparagraph (A) to confirm that
16the deficiency has been corrected.

17(C) If the department determines that the deficiency has not
18been corrected, the civil penalty shall continue to accrue from the
19date of the original citation.

20(D) If the department is able to verify that the deficiency was
21corrected prior to the date on which the department received the
22evidence pursuant to subparagraph (A), the civil penalty shall cease
23as of that earlier date.

24(2) (A) If the department issues a notification of deficiency to
25 a facility for a repeat violation of a violation specified in paragraph
26(1), the department shall assess an immediate civil penalty of two
27hundred fifty dollars ($250) per repeat violation and one hundred
28dollars ($100) for each day the repeat violation continues after
29citation. The notification of deficiency shall state the manner in
30which the deficiency constitutes a repeat violation and shall be
31submitted to a supervisor for review and approval.

32(B) For purposes of this section, “repeat violation” means a
33violation within 12 months of a prior violation of a statutory or
34regulatory provision designated by the same combination of letters
35or numerals, or both letters and numerals.

begin insert

36
(C) Notwithstanding subparagraphs (A) and (B), the department,
37in its sole discretion, may reduce the civil penalty for the cited
38repeat violation to the level of the underlying violation, as
39applicable, if it determines that the cited repeat violation is not
40substantially similar to the original violation.

end insert

P23   1(3) If the nature or seriousness of the violation or the frequency
2of the violation warrants a higher penalty or an immediate civil
3penalty assessment, or both, as provided in this chapter, a
4correction of the deficiency shall not impact the imposition of a
5civil penalty.

6(c) The department shall assess an immediate civil penalty of
7five hundred dollars ($500) per violation and one hundred dollars
8($100) for each day the violation continues after citation for any
9of the following serious violations:

10(1) Any violation that the department determines resulted in the
11injury or illness of a resident.

12(2) (A) Fire clearance violations, including, but not limited to,
13overcapacity, ambulatory status, inoperable smoke alarms, and
14inoperable fire alarm systems. The civil penalty shall not be
15assessed if the licensee has done either of the following:

16(i) Requested the appropriate fire clearance based on ambulatory,
17nonambulatory, or bedridden status, and the decision is pending.

18(ii) Initiated eviction proceedings.

19(B) A licensee denied a clearance for bedridden residents may
20appeal to the fire authority, and, if that appeal is denied, may
21subsequently appeal to the Office of the State Fire Marshal, and
22shall not be assessed an immediate civil penalty until the final
23appeal is decided, or after 60 days has passed from the date of the
24citation, whichever is earlier.

25(3) Absence of supervision, as required by statute and regulation.

26(4) Accessible bodies of water, when prohibited in this chapter
27or regulations adopted pursuant to this chapter.

28(5) Accessible firearms, ammunition, or both.

29(6) Refused entry to a facility or any part of a facility in violation
30of Section 1568.07 or 1568.071.

31(7) The presence of a person subject to a department Order of
32Exclusion on the premises.

33(d) If the department issues a notification of deficiency to a
34facility for a repeat violation of a violation specified in subdivision
35(c), the department shall assess an immediate civil penalty of one
36thousand dollars ($1,000) per repeat violation and one hundred
37dollars ($100) for each day the repeat violation continues after
38citation. The notification of deficiency shall state the manner in
39which the deficiency constitutes a repeat violation and shall be
40submitted to a supervisor for review and approval.

P24   1(e) For a violation that the department determines resulted in
2the death of a resident, the civil penalty shall be fifteen thousand
3 dollars ($15,000).

4(f) For a violation that the department determines constitutes
5physical abuse, as defined in Section 15610.63 of the Welfare and
6Institutions Code, or resulted in serious bodily injury, as defined
7in Section 243 of the Penal Code, to a resident, the civil penalty
8shall be ten thousand dollars ($10,000).

9(g) (1) Before the assessment of a civil penalty pursuant to
10subdivision (e) or (f), the decision shall be approved by the program
11administrator of the Community Care Licensing Division.

12(2) (A) The department shall reduce the amount of a civil
13penalty due pursuant to subdivision (e) or (f) by the amount of the
14civil penalty already assessed for the underlying violation.

15(B) If the amount of the civil penalty that the department has
16already assessed for the underlying violation exceeds the amount
17of the penalty pursuant to subdivision (e) or (f), the larger amount
18shall prevail and be due and payable as already assessed by the
19department.

20(h) (1) A notification of a deficiency written by a representative
21of the department shall include a factual description of the nature
22of the deficiency fully stating the manner in which the licensee
23failed to comply with the specified statute or regulation, and, if
24applicable, the particular place or area in which the deficiency
25occurred. The department shall make a good faith effort to work
26with the licensee to determine the cause of the deficiency and ways
27to prevent any repeat violations.

28(2) The department shall adopt regulations setting forth appeal
29procedures for deficiencies.

30(i) (1) A licensee shall have the right to submit to the
31department a written request for a formal review of a civil penalty
32assessed pursuant to subdivision (e) or (f) within 15 business days
33of receipt of the notice of a civil penalty assessment and shall
34provide all available supporting documentation at that time. The
35review shall be conducted by the deputy director of the Community
36Care Licensing Division. The licensee may submit additional
37supporting documentation that was unavailable at the time of
38submitting the request for review within the first 30 business days
39after submitting the request for review. If the department requires
40additional information from the licensee, that information shall be
P25   1requested within the first 30 business days after receiving the
2request for review. The licensee shall provide this additional
3information within 30 business days of receiving the request from
4the department. If the deputy director determines that the civil
5penalty was not assessed, or the finding of deficiency that resulted
6in the assessment of the civil penalty was not made, in accordance
7with applicable statutes or regulations of the department, he or she
8may amend or dismiss the civil penalty or finding of deficiency.
9The licensee shall be notified in writing of the deputy director’s
10decision within 60 business days of the date when all necessary
11information has been provided to the department by the licensee.

12(2) Upon exhausting the review described in paragraph (1), a
13licensee may further appeal that decision to an administrative law
14judge. Proceedings shall be conducted in accordance with Chapter
155 (commencing with Section 11500) of Part 1 of Division 3 of
16Title 2 of the Government Code, and the department shall have all
17the powers granted by those provisions. In all proceedings
18conducted in accordance with this section, the standard of proof
19shall be by a preponderance of the evidence.

20(3) If, in addition to an assessment of civil penalties, the
21department elects to file an administrative action to suspend or
22revoke the facility license that includes violations relating to the
23assessment of the civil penalties, the department review of the
24pending appeal shall cease and the assessment of the civil penalties
25shall be heard as part of the administrative action process.

26(4) Civil penalties shall be due and payable when administrative
27appeals have been exhausted. Unless payment arrangements have
28been made that are acceptable to the department, a civil penalty
29not paid within 30 days shall be subject to late fees, as specified
30by the department in regulation.

31(j) (1) A licensee shall have the right to submit to the
32department a written request for a formal review of any other civil
33penalty or deficiency not described in subdivision (i) within 15
34business days of receipt of the notice of a civil penalty assessment
35or a finding of a deficiency, and shall provide all available
36supporting documentation at that time. The review shall be
37conducted by a regional manager of the Community Care Licensing
38Division. The licensee may submit additional supporting
39documentation that was unavailable at the time of submitting the
40request for review within the first 30 business days after submitting
P26   1the request for review. If the department requires additional
2information from the licensee, that information shall be requested
3within the first 30 business days after receiving the request for
4review. The licensee shall provide this additional information
5within 30 business days of receiving the request from the
6department. If the regional manager determines that the civil
7penalty was not assessed, or the finding of the deficiency was not
8made, in accordance with applicable statutes or regulations of the
9department, he or she may amend or dismiss the civil penalty or
10finding of deficiency. The licensee shall be notified in writing of
11the regional manager’s decision within 60 business days of the
12date when all necessary information has been provided to the
13department by the licensee.

14(2) Upon exhausting the review described in paragraph (1), the
15licensee may further appeal that decision to the program
16administrator of the Community Care Licensing Division within
1715 business days of receipt of notice of the regional manager’s
18decision. The licensee may submit additional supporting
19documentation that was unavailable at the time of appeal to the
20program administrator within the first 30 business days after
21requesting that appeal. If the department requires additional
22information from the licensee, that information shall be requested
23within the first 30 business days after receiving the request for the
24appeal. The licensee shall provide this additional information
25within 30 business days of receiving the request from the
26department. If the program administrator determines that the civil
27penalty was not assessed, or the finding of the deficiency was not
28made, in accordance with applicable statutes or regulations of the
29department, he or she may amend or dismiss the civil penalty or
30finding of deficiency. The licensee shall be notified in writing of
31the program administrator’s decision within 60 business days of
32the date when all necessary information has been provided to the
33department by the licensee. The program administrator’s decision
34is considered final and concludes the licensee’s administrative
35appeal rights regarding the appeal conducted pursuant to this
36paragraph.

37(3) Civil penalties shall be due and payable when administrative
38appeals have been exhausted. Unless payment arrangements have
39been made that are acceptable to the department, a civil penalty
P27   1not paid within 30 days shall be subject to late fees, as specified
2by the department in regulation.

3(k) The department shall adopt regulations implementing this
4section.

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

8(m) Notwithstanding the Administrative Procedure Act (Chapter
93.5 (commencing with Section 11340) of Part 1 of Division 3 of
10Title 2 of the Government Code), the department may implement
11and administer the changes made by the act that added this
12subdivision through all-county letters or similar written instructions
13until regulations are adopted pursuant to the Administrative
14Procedure Act.

15(n) This section shall become operative on July 1, 2017.

16

SEC. 6.  

Section 1569.335 of the Health and Safety Code is
17amended to read:

18

1569.335.  

(a) The department shall provide the Office of the
19State Long-Term Care Ombudsman, as defined in subdivision (c)
20of Section 9701 of the Welfare and Institutions Code, with a
21precautionary notification if the department begins to prepare to
22issue a temporary suspension or revocation of any license, so that
23the office may properly prepare to provide advocacy services if
24and when necessary.

25(b) The department shall notify affected public placement
26agencies and the Office of the State Long-Term Care Ombudsman
27whenever the department substantiates that a violation has occurred
28that poses a serious threat to the health and safety of any resident
29when the violation results in the assessment of any penalty or
30causes an accusation to be filed for the revocation of a license.

31(c) (1) If the violation is appealed by the facility within 15
32business days, the department shall only notify placement agencies
33of the violation when the appeal has been exhausted.

34(2) If the appeal process has not been completed within 60 days,
35the placement agency shall be notified with a notation that indicates
36that the case is still under appeal.

37(3) The notice to each placement agency shall be updated
38monthly for the following 24-month period and shall include the
39name and location of the facility, the amount of the fine, the nature
P28   1of the violation, the corrective action taken, the status of the
2revocation, and the resolution of the complaint.

3

SEC. 7.  

Section 1569.49 of the Health and Safety Code is
4amended to read:

5

1569.49.  

(a) In addition to the suspension, temporary
6suspension, or revocation of a license issued under this chapter,
7the department may levy a civil penalty.

8(b) The amount of the civil penalty shall not be less than
9twenty-five dollars ($25) or more than fifty dollars ($50) per day
10for each violation of this chapter except where the nature or
11seriousness of the violation or the frequency of the violation
12warrants a higher penalty or an immediate civil penalty assessment,
13or both, as determined by the department. Except as otherwise
14provided in this chapter, a civil penalty assessment shall not exceed
15one hundred fifty dollars ($150) per day per violation.

16(c) Notwithstanding Section 1569.33, the department shall assess
17an immediate civil penalty of one hundred fifty dollars ($150) per
18day per violation for any of the following serious violations:

19(1) (A) Fire clearance violations, including, but not limited to,
20overcapacity, ambulatory status, inoperable smoke alarms, and
21inoperable fire alarm systems. The civil penalty shall not be
22assessed if the licensee has done either of the following:

23(i) Requested the appropriate fire clearance based on ambulatory,
24nonambulatory, or bedridden status, and the decision is pending.

25(ii) Initiated eviction proceedings.

26(B) A licensee denied a clearance for bedridden residents may
27appeal to the fire authority, and, if that appeal is denied, may
28subsequently appeal to the Office of the State Fire Marshal, and
29shall not be assessed an immediate civil penalty until the final
30appeal is decided, or after 60 days has passed from the date of the
31citation, whichever is earlier.

32(2) Absence of supervision as required by statute or regulation.

33(3) Accessible bodies of water, when prohibited in this chapter
34or regulations adopted pursuant to this chapter.

35(4) Accessible firearms, ammunition, or both.

36(5) Refused entry to a facility or any part of a facility in violation
37of Section 1569.32, 1569.33, or 1569.35.

38(6) The presence of an excluded person on the premises.

P29   1(d) For a violation that the department determines resulted in
2the death of a resident, the civil penalty shall be fifteen thousand
3dollars ($15,000).

4(e) For a violation that the department determines constitutes
5physical abuse, as defined in Section 15610.63 of the Welfare and
6Institutions Code, or resulted in serious bodily injury, as defined
7in Section 15610.67 of the Welfare and Institutions Code, to a
8resident, the civil penalty shall be ten thousand dollars ($10,000).

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

13(g) Notwithstanding Section 1569.33, any residential care
14facility for the elderly that is cited for repeating the same violation
15of this chapter within 12 months of the first violation is subject to
16an immediate civil penalty of one hundred fifty dollars ($150) and
17fifty dollars ($50) for each day the violation continues until the
18deficiency is corrected.

19(h) Any residential care facility for the elderly that is assessed
20a civil penalty pursuant to subdivision (g) that repeats the same
21violation of this chapter within 12 months of the violation subject
22to subdivision (g) shall be assessed an immediate civil penalty of
23one thousand dollars ($1,000) and one hundred dollars ($100) for
24 each day the violation continues until the deficiency is corrected.

25(i) (1) The department shall adopt regulations setting forth the
26appeal procedures for deficiencies.

27(2) A notification of a deficiency written by a representative of
28the department shall include a factual description of the nature of
29the deficiency fully stating the manner in which the licensee failed
30to comply with the specified statute or regulation, and, if
31applicable, the particular place or area of the facility in which the
32deficiency occurred.

33(j) (1) A licensee shall have the right to submit to the
34department a written request for a formal review of a civil penalty
35assessed pursuant to subdivisions (d) and (e) within 15 business
36days of receipt of the notice of a civil penalty assessment and shall
37provide all available supporting documentation at that time. The
38review shall be conducted by the deputy director of the Community
39Care Licensing Division. The licensee may submit additional
40supporting documentation that was unavailable at the time of
P30   1submitting the request for review within the first 30 business days
2after submitting the request for review. If the department requires
3additional information from the licensee, that information shall be
4 requested within the first 30 business days after receiving the
5request for review. The licensee shall provide this additional
6information within 30 business days of receiving the request from
7the department. If the deputy director determines that the civil
8penalty was not assessed, or the finding of the deficiency that
9resulted in the assessment of the civil penalty was not made, in
10accordance with applicable statutes or regulations of the
11department, he or she may amend or dismiss the civil penalty or
12finding of deficiency. The licensee shall be notified in writing of
13the deputy director’s decision within 60 business days of the date
14when all necessary information has been provided to the
15department by the licensee.

16(2) Upon exhausting the review described in paragraph (1), a
17licensee may further appeal that decision to an administrative law
18judge. Proceedings shall be conducted in accordance with Chapter
195 (commencing with Section 11500) of Part 1 of Division 3 of
20Title 2 of the Government Code, and the department shall have all
21the powers granted by those provisions. In all proceedings
22conducted in accordance with this section, the standard of proof
23shall be by a preponderance of the evidence.

24(3) If, in addition to an assessment of civil penalties, the
25department elects to file an administrative action to suspend or
26revoke the facility license that includes violations relating to the
27assessment of the civil penalties, the department review of the
28pending appeal shall cease and the assessment of the civil penalties
29shall be heard as part of the administrative action process.

30(k) (1) A licensee shall have the right to submit to the
31department a written request for a formal review of any other civil
32penalty or deficiency not described in subdivision (j) within 15
33business days of receipt of the notice of a civil penalty assessment
34or a finding of a deficiency, and shall provide all available
35supporting documentation at that time. The review shall be
36conducted by a regional manager of the Community Care Licensing
37Division. The licensee may submit additional supporting
38documentation that was unavailable at the time of submitting the
39request for review within the first 30 business days after submitting
40the request for review. If the department requires additional
P31   1information from the licensee, that information shall be requested
2within the first 30 business days after receiving the request for
3review. The licensee shall provide this additional information
4within 30 business days of receiving the request from the
5department. If the regional manager determines that the civil
6penalty was not assessed, or the finding of the deficiency was not
7made, in accordance with applicable statutes or regulations of the
8department, he or she may amend or dismiss the civil penalty or
9finding of deficiency. The licensee shall be notified in writing of
10the regional manager’s decision within 60 business days of the
11date when all necessary information has been provided to the
12department by the licensee.

13(2) Upon exhausting the review described in paragraph (1), the
14licensee may further appeal that decision to the program
15administrator of the Community Care Licensing Division within
1615 business days of receipt of notice of the regional manager’s
17decision. The licensee may submit additional supporting
18documentation that was unavailable at the time of appeal to the
19program administrator within the first 30 business days after
20requesting that appeal. If the department requires additional
21information from the licensee, that information shall be requested
22within the first 30 business days after receiving the request for the
23appeal. The licensee shall provide this additional information
24within 30 business days of receiving the request from the
25department. If the program administrator determines that the civil
26penalty was not assessed, or the finding of the deficiency was not
27made, in accordance with applicable statutes or regulations of the
28department, he or she may amend or dismiss the civil penalty or
29finding of deficiency. The licensee shall be notified in writing of
30the program administrator’s decision within 60 business days of
31the date when all necessary information has been provided to the
32department by the licensee. The program administrator’s decision
33is considered final and concludes the licensee’s administrative
34appeal rights regarding the appeal conducted pursuant to this
35paragraph.

36(l) The department shall adopt regulations implementing this
37section.

38(m) The department shall, by January 1, 2016, amend its
39regulations to reflect the changes to this section made by Section
406 of Chapter 813 of the Statutes of 2014.

P32   1(n) Notwithstanding the Administrative Procedure Act (Chapter
23.5 (commencing with Section 11340) of Part 1 of Division 3 of
3Title 2 of the Government Code), the department may implement
4and administer the changes made by the act that added this
5subdivision through all-county letters or similar written instructions
6until regulations are adopted pursuant to the Administrative
7Procedure Act.

8(o) This section shall become inoperative on July 1, 2017, and,
9as of January 1, 2018, is repealed, unless a later enacted statute,
10that becomes operative on or before January 1, 2018, deletes or
11extends the dates on which it becomes inoperative and is repealed.

12

SEC. 8.  

Section 1569.49 is added to the Health and Safety
13Code
, to read:

14

1569.49.  

(a) In addition to the suspension, temporary
15suspension, or revocation of a license issued under this chapter,
16the department shall levy civil penalties as follows:

17(b) (1) The amount of the civil penalty shall be one hundred
18dollars ($100) per day for each violation of this chapter if the
19facility fails to correct a deficiency after being provided a specified
20length of time to correct that deficiency.

21(A) If a licensee or a licensee’s representative submits evidence
22to the department that the licensee has corrected a deficiency, and
23the department, after reviewing that evidence, has determined that
24the deficiency has been corrected, the civil penalty shall cease as
25of the day the department received that evidence.

26(B) If the department deems it necessary, the department shall
27inspect the facility within five working days after the department
28receives evidence pursuant to subparagraph (A) to confirm that
29the deficiency has been corrected.

30(C) If the department determines that the deficiency has not
31been corrected, the civil penalty shall continue to accrue from the
32date of the original citation.

33(D) If the department is able to verify that the deficiency was
34corrected prior to the date on which the department received the
35evidence pursuant to subparagraph (A), the civil penalty shall cease
36as of that earlier date.

37(2) (A) If the department issues a notification of deficiency to
38 a facility for a repeat violation of a violation specified in paragraph
39(1), the department shall assess an immediate civil penalty of two
40hundred fifty dollars ($250) per repeat violation and one hundred
P33   1dollars ($100) for each day the repeat violation continues after
2citation. The notification of deficiency shall state the manner in
3which the deficiency constitutes a repeat violation and shall be
4submitted to a supervisor for review and approval.

5(B) For purposes of this section, “repeat violation” means a
6violation within 12 months of a prior violation of a statutory or
7regulatory provision designated by the same combination of letters
8or numerals, or both letters and numerals.

begin insert

9
(C) Notwithstanding subparagraphs (A) and (B), the department,
10in its sole discretion, may reduce the civil penalty for the cited
11repeat violation to the level of the underlying violation, as
12applicable, if it determines that the cited repeat violation is not
13substantially similar to the original violation.

end insert

14(3) If the nature or seriousness of the violation or the frequency
15of the violation warrants a higher penalty or an immediate civil
16penalty assessment, or both, as provided in this chapter, a
17correction of the deficiency shall not impact the imposition of a
18civil penalty.

19(c) The department shall assess an immediate civil penalty of
20five hundred dollars ($500) per violation and one hundred dollars
21($100) for each day the violation continues after citation for any
22of the following serious violations:

23(1) Any violation that the department determines resulted in the
24injury or illness of a resident.

25(2) (A) Fire clearance violations, including, but not limited to,
26overcapacity, ambulatory status, inoperable smoke alarms, and
27inoperable fire alarm systems. The civil penalty shall not be
28assessed if the licensee has done either of the following:

29(i) Requested the appropriate fire clearance based on ambulatory,
30nonambulatory, or bedridden status, and the decision is pending.

31(ii) Initiated eviction proceedings.

32(B) A licensee denied a clearance for bedridden residents may
33appeal to the fire authority, and, if that appeal is denied, may
34subsequently appeal to the Office of the State Fire Marshal, and
35shall not be assessed an immediate civil penalty until the final
36appeal is decided, or after 60 days has passed from the date of the
37citation, whichever is earlier.

38(3) Absence of supervision as required by statute or regulation.

39(4) Accessible bodies of water, when prohibited in this chapter
40or regulations adopted pursuant to this chapter.

P34   1(5) Accessible firearms, ammunition, or both.

2(6) Refused entry to a facility or any part of a facility in violation
3of Section 1569.32, 1569.33, or 1569.35.

4(7) The presence of a person subject to a department Order of
5Exclusion on the premises.

6(d) If the department issues a notification of deficiency to a
7facility for a repeat violation of a violation specified in subdivision
8(c), the department shall assess an immediate civil penalty of one
9thousand dollars ($1,000) per repeat violation and one hundred
10dollars ($100) for each day the repeat violation continues after
11citation. The notification of deficiency shall state the manner in
12which the deficiency constitutes a repeat violation and shall be
13submitted to a supervisor for review and approval.

14(e) For a violation that the department determines resulted in
15the death of a resident, the civil penalty shall be fifteen thousand
16dollars ($15,000).

17(f) For a violation that the department determines constitutes
18physical abuse, as defined in Section 15610.63 of the Welfare and
19Institutions Code, or resulted in serious bodily injury, as defined
20in Section 15610.67 of the Welfare and Institutions Code, to a
21resident, the civil penalty shall be ten thousand dollars ($10,000).

22(g) (1) Before the assessment of a civil penalty pursuant to
23subdivision (e) or (f), the decision shall be approved by the program
24administrator of the Community Care Licensing Division.

25(2) (A) The department shall reduce the amount of a civil
26penalty due pursuant to subdivision (e) or (f) by the amount of the
27civil penalty already assessed for the underlying violation.

28(B) If the amount of the civil penalty that the department has
29already assessed for the underlying violation exceeds the amount
30of the penalty pursuant to subdivision (e) or (f), the larger amount
31shall prevail and be due and payable as already assessed by the
32department.

33(h) (1) A notification of a deficiency written by a representative
34of the department shall include a factual description of the nature
35of the deficiency fully stating the manner in which the licensee
36failed to comply with the specified statute or regulation, and, if
37applicable, the particular place or area of the facility in which the
38deficiency occurred. The department shall make a good faith effort
39to work with the licensee to determine the cause of the deficiency
40and ways to prevent any repeat violations.

P35   1(2) The department shall adopt regulations setting forth the
2appeal procedures for deficiencies.

3(i) (1) A licensee shall have the right to submit to the
4department a written request for a formal review of a civil penalty
5assessed pursuant to subdivisions (e) and (f) within 15 business
6days of receipt of the notice of a civil penalty assessment and shall
7provide all available supporting documentation at that time. The
8review shall be conducted by the deputy director of the Community
9Care Licensing Division. The licensee may submit additional
10supporting documentation that was unavailable at the time of
11submitting the request for review within the first 30 business days
12after submitting the request for review. If the department requires
13additional information from the licensee, that information shall be
14requested within the first 30 business days after receiving the
15request for review. The licensee shall provide this additional
16information within 30 business days of receiving the request from
17the department. If the deputy director determines that the civil
18penalty was not assessed, or the finding of the deficiency that
19resulted in the assessment of the civil penalty was not made, in
20accordance with applicable statutes or regulations of the
21department, he or she may amend or dismiss the civil penalty or
22finding of deficiency. The licensee shall be notified in writing of
23the deputy director’s decision within 60 business days of the date
24when all necessary information has been provided to the
25department by the licensee.

26(2) Upon exhausting the review described in paragraph (1), a
27licensee may further appeal that decision to an administrative law
28judge. Proceedings shall be conducted in accordance with Chapter
295 (commencing with Section 11500) of Part 1 of Division 3 of
30Title 2 of the Government Code, and the department shall have all
31the powers granted by those provisions. In all proceedings
32conducted in accordance with this section, the standard of proof
33shall be by a preponderance of the evidence.

34(3) If, in addition to an assessment of civil penalties, the
35department elects to file an administrative action to suspend or
36revoke the facility license that includes violations relating to the
37assessment of the civil penalties, the department review of the
38pending appeal shall cease and the assessment of the civil penalties
39shall be heard as part of the administrative action process.

P36   1(4) Civil penalties shall be due and payable when administrative
2appeals have been exhausted. Unless payment arrangements have
3been made that are acceptable to the department, a civil penalty
4not paid within 30 days shall be subject to late fees, as specified
5by the department in regulation.

6(j) (1) A licensee shall have the right to submit to the
7department a written request for a formal review of any other civil
8penalty or deficiency not described in subdivision (i) within 15
9business days of receipt of the notice of a civil penalty assessment
10or a finding of a deficiency, and shall provide all available
11supporting documentation at that time. The review shall be
12conducted by a regional manager of the Community Care Licensing
13Division. The licensee may submit additional supporting
14documentation that was unavailable at the time of submitting the
15request for review within the first 30 business days after submitting
16the request for review. If the department requires additional
17information from the licensee, that information shall be requested
18within the first 30 business days after receiving the request for
19review. The licensee shall provide this additional information
20within 30 business days of receiving the request from the
21department. If the regional manager determines that the civil
22penalty was not assessed, or the finding of the deficiency was not
23made, in accordance with applicable statutes or regulations of the
24department, he or she may amend or dismiss the civil penalty or
25finding of deficiency. The licensee shall be notified in writing of
26the regional manager’s decision within 60 business days of the
27date when all necessary information has been provided to the
28department by the licensee.

29(2) Upon exhausting the review described in paragraph (1), the
30licensee may further appeal that decision to the program
31administrator of the Community Care Licensing Division within
3215 business days of receipt of notice of the regional manager’s
33decision. The licensee may submit additional supporting
34documentation that was unavailable at the time of appeal to the
35program administrator within the first 30 business days after
36requesting that appeal. If the department requires additional
37information from the licensee, that information shall be requested
38within the first 30 business days after receiving the request for the
39appeal. The licensee shall provide this additional information
40within 30 business days of receiving the request from the
P37   1department. If the program administrator determines that the civil
2penalty was not assessed, or the finding of the deficiency was not
3made, in accordance with applicable statutes or regulations of the
4department, he or she may amend or dismiss the civil penalty or
5finding of deficiency. The licensee shall be notified in writing of
6the program administrator’s decision within 60 business days of
7the date when all necessary information has been provided to the
8department by the licensee. The program administrator’s decision
9is considered final and concludes the licensee’s administrative
10appeal rights regarding the appeal conducted pursuant to this
11paragraph.

12(3) Civil penalties shall be due and payable when administrative
13appeals have been exhausted. Unless payment arrangements have
14been made that are acceptable to the department, a civil penalty
15not paid within 30 days shall be subject to late fees, as specified
16by the department in regulation.

17(k) The department shall adopt regulations implementing this
18section.

19(l) The department shall, by January 1, 2016, amend its
20regulations to reflect the changes to this section made by Section
216 of Chapter 813 of the Statutes of 2014.

22(m) Notwithstanding the Administrative Procedure Act (Chapter
233.5 (commencing with Section 11340) of Part 1 of Division 3 of
24Title 2 of the Government Code), the department may implement
25and administer the changes made by the act that added this
26subdivision through all-county letters or similar written instructions
27until regulations are adopted pursuant to the Administrative
28Procedure Act.

29(n) This section shall become operative on July 1, 2017.

30

SEC. 9.  

Section 1596.819 of the Health and Safety Code is
31amended to read:

32

1596.819.  

(a) Except as otherwise prohibited by law, the
33department shall post licensing information on its Internet Web
34site as follows:

35(1) For each child day care facility as defined in Section
361596.750, except family day care homes, the information shall
37include, but is not limited to, the name and address of the facility,
38the licensed capacity of the facility, the status of the license, and
39the number of site inspections, including the number of citations,
P38   1substantiated and unsubstantiated complaint inspections, and
2noncomplaint inspections during the preceding five-year period.

3(2) For each family day care home, the information shall include,
4but is not limited to, the name of the home, the status of the license,
5and the number of site inspections, including the number of
6citations, substantiated and unsubstantiated complaint inspections,
7and noncomplaint inspections during the preceding five-year
8period.

9(b) The department shall update the information posted under
10subdivision (a) on at least a monthly basis.

11

SEC. 10.  

Section 1596.859 of the Health and Safety Code is
12amended to read:

13

1596.859.  

(a)  (1) Each licensed child day care facility shall
14make accessible to the public a copy of any licensing report or
15other public licensing document pertaining to the facility that
16documents a facility inspection, a substantiated complaint
17investigation, a conference with a local licensing agency
18management representative and the licensee in which issues of
19noncompliance are discussed, or a copy of an accusation indicating
20the department’s intent to revoke the facility’s license. An
21individual licensing report and other licensing documents shall
22not be required to be maintained beyond three years from the date
23of issuance, and shall not include any information that would not
24have been accessible to the public through the State Department
25of Social Services Community Care Licensing Division.

26(2) (A)  Every child care resource and referral program
27established pursuant to Article 2 (commencing with Section 8210)
28of Chapter 2 of Part 6 of the Education Code, and every alternative
29payment program established pursuant to Article 3 (commencing
30with Section 8220) of Chapter 2 of Part 6 of the Education Code
31shall advise every person who requests a child care referral of his
32or her right to the licensing information of a licensed child day
33care facility required to be maintained at the facility pursuant to
34this section and to access any public files pertaining to the facility
35that are maintained by the State Department of Social Services
36Community Care Licensing Division.

37(B) A written or oral advisement in substantially the following
38form, with the telephone number of the local licensing office
39included, will comply with the requirements of subparagraph (A):

P39   1“As a parent, you have the right to get information about any
2substantiated or unsubstantiated complaints about a child care
3provider that you select for your child. That information is public
4and you can get it by calling the local licensing office. This
5telephone number is ____.”

6(b) Within 30 days after the date specified by the department
7for a licensee to correct a deficiency, the department shall provide
8the licensee with a licensing report or other appropriate document
9verifying compliance or noncompliance. Notwithstanding any
10other provision of law, and with good cause, the department may
11provide the licensee with an alternate timeframe for providing the
12licensing report or other appropriate document verifying
13compliance or noncompliance. If the department provides the
14licensee with an alternate timeframe, it shall also provide the
15reasons for the alternate timeframe, in writing. The licensee shall
16make this documentation available to the public.

17

SEC. 11.  

Section 1596.8595 of the Health and Safety Code is
18amended to read:

19

1596.8595.  

(a) (1) Each licensed child day care facility shall
20post a copy of any licensing report pertaining to the facility that
21documents either a facility inspection or a complaint investigation
22that results in a citation for a violation that, if not corrected, will
23create a direct and immediate risk to the health, safety, or personal
24rights of the children in care. The licensing report provided by the
25department shall be posted immediately upon receipt, adjacent to
26the postings required pursuant to Section 1596.817 and on, or
27immediately adjacent to, the interior side of the main door to the
28facility and shall remain posted for 30 consecutive days.

29(2) A family day care home shall comply with the posting
30requirements contained in paragraph (1) during the hours when
31clients are present.

32(3) Failure to comply with paragraph (1) shall result in an
33immediate civil penalty of one hundred dollars ($100).

34(b) (1) Notwithstanding subdivision (b) of Section 1596.859,
35the licensee shall post a licensing report or other appropriate
36document verifying the licensee’s compliance or noncompliance
37with the department’s order to correct a deficiency that is subject
38to posting pursuant to paragraph (1) of subdivision (a). The
39licensing report or other document shall be posted immediately
40upon receipt, adjacent to the postings required pursuant to Section
P40   11596.817, on, or immediately adjacent to, the interior side of the
2main door into the facility and shall be posted for a period of 30
3consecutive days.

4(2) A family day care home shall comply with the posting
5requirements contained in paragraph (1) during the hours when
6clients are present.

7(3) Failure to comply with paragraph (1) shall result in an
8immediate civil penalty of one hundred dollars ($100).

9(c) (1) A licensed child day care facility shall provide to the
10parents or guardians of each child receiving services in the facility
11copies of any licensing report that documents a citation issued
12pursuant to subdivision (d) or (e) of Section 1596.99 or subdivision
13(d) or (e) of Section 1597.58 or that represents an immediate risk
14to the health, safety, or personal rights of children in care as set
15forth in paragraph (1) of subdivision (a) of Section 1596.893b.

16(2) Upon enrollment of a new child in a facility, the licensee
17shall provide to the parents or legal guardians of the newly
18enrolling child copies of any licensing report that the licensee has
19received during the prior 12-month period that documents a citation
20issued pursuant to subdivision (d) or (e) of Section 1596.99 or
21subdivision (d) or (e) of Section 1597.58 or that represents an
22immediate risk to the health, safety, or personal rights of children
23in care as set forth in paragraph (1) of subdivision (a) of Section
241596.893b.

25(3) The licensee shall require each recipient of the licensing
26report described in paragraph (1) pertaining to a complaint
27investigation to sign a statement indicating that he or she has
28received the document and the date it was received.

29(4) The licensee shall keep verification of receipt in each child’s
30file.

31(d) (1) A licensed child day care facility shall provide to the
32parents or legal guardians of each child receiving services in the
33facility copies of any licensing document pertaining to a conference
34conducted by a local licensing agency management representative
35with the licensee in which issues of noncompliance are discussed.

36(2) Upon enrollment of a new child in a facility, the licensee
37shall provide to the parents or legal guardians of the newly
38enrolling child copies of any licensing document that the licensee
39has received during the prior 12-month period that pertains to a
40conference conducted by a local licensing agency management
P41   1representative with the licensee in which issues of noncompliance
2are discussed.

3(3) The licensee shall require each recipient of the licensing
4document pertaining to a conference to sign a statement indicating
5that he or she has received the document and the date it was
6received.

7(4) The licensee shall keep verification of receipt in each child’s
8file.

9(e) This section shall become inoperative on July 1, 2017, and,
10as of January 1, 2018, is repealed, unless a later enacted statute,
11that becomes operative on or before January 1, 2018, deletes or
12extends the dates on which it becomes inoperative and is repealed.

13

SEC. 12.  

Section 1596.8595 is added to the Health and Safety
14Code
, to read:

15

1596.8595.  

(a) (1) Each licensed child day care facility shall
16post a copy of any licensing report pertaining to the facility that
17documents either a facility inspection or a complaint investigation
18that results in a citation for a violation that, if not corrected, will
19create a direct and immediate risk to the health, safety, or personal
20rights of the children in care. The licensing report provided by the
21department shall be posted immediately upon receipt, adjacent to
22the postings required pursuant to Section 1596.817 and on, or
23immediately adjacent to, the interior side of the main door to the
24facility and shall remain posted for 30 consecutive days.

25(2) A family day care home shall comply with the posting
26requirements contained in paragraph (1) during the hours when
27clients are present.

28(3) Failure to comply with paragraph (1) shall result in an
29immediate civil penalty of one hundred dollars ($100).

30(b) (1) Notwithstanding subdivision (b) of Section 1596.859,
31the licensee shall post a licensing report or other appropriate
32document verifying the licensee’s compliance or noncompliance
33with the department’s order to correct a deficiency that is subject
34to posting pursuant to paragraph (1) of subdivision (a). The
35licensing report or other document shall be posted immediately
36upon receipt, adjacent to the postings required pursuant to Section
371596.817, on, or immediately adjacent to, the interior side of the
38main door into the facility and shall be posted for a period of 30
39consecutive days.

P42   1(2) A family day care home shall comply with the posting
2requirements contained in paragraph (1) during the hours when
3clients are present.

4(3) Failure to comply with paragraph (1) shall result in an
5immediate civil penalty of one hundred dollars ($100).

6(c) (1) A licensed child day care facility shall provide to the
7parents or guardians of each child receiving services in the facility
8copies of any licensing report that documents a citation issued
9pursuant to subdivision (e) or (f) of Section 1596.99 or subdivision
10(e) or (f) of Section 1597.58 or that represents an immediate risk
11to the health, safety, or personal rights of children in care as set
12forth in paragraph (1) of subdivision (a) of Section 1596.893b.

13(2) Upon enrollment of a new child in a facility, the licensee
14shall provide to the parents or legal guardians of the newly
15enrolling child copies of any licensing report that the licensee has
16received during the prior 12-month period that documents a citation
17issued pursuant to subdivision (e) or (f) of Section 1596.99 or
18subdivision (e) or (f) of Section 1597.58 or that represents an
19immediate risk to the health, safety, or personal rights of children
20in care as set forth in paragraph (1) of subdivision (a) of Section
211596.893b.

22(3) The licensee shall require each recipient of the licensing
23report described in paragraph (1) pertaining to a complaint
24investigation to sign a statement indicating that he or she has
25received the document and the date it was received.

26(4) The licensee shall keep verification of receipt in each child’s
27file.

28(d) (1) A licensed child day care facility shall provide to the
29parents or legal guardians of each child receiving services in the
30facility copies of any licensing document pertaining to a conference
31conducted by a local licensing agency management representative
32with the licensee in which issues of noncompliance are discussed.

33(2) Upon enrollment of a new child in a facility, the licensee
34shall provide to the parents or legal guardians of the newly
35enrolling child copies of any licensing document that the licensee
36has received during the prior 12-month period that pertains to a
37conference conducted by a local licensing agency management
38representative with the licensee in which issues of noncompliance
39are discussed.

P43   1(3) The licensee shall require each recipient of the licensing
2document pertaining to a conference to sign a statement indicating
3that he or she has received the document and the date it was
4received.

5(4) The licensee shall keep verification of receipt in each child’s
6file.

7(e) This section shall become operative on July 1, 2017.

8

SEC. 13.  

Section 1596.99 of the Health and Safety Code is
9amended to read:

10

1596.99.  

(a) In addition to the suspension, temporary
11suspension, or revocation of a license issued under this chapter or
12Chapter 3.4 (commencing with Section 1596.70), the department
13may levy a civil penalty.

14(b) The amount of the civil penalty shall not be less than
15twenty-five dollars ($25) nor more than fifty dollars ($50) per day
16for each violation of this chapter except where the nature or
17seriousness of the violation or the frequency of the violation
18warrants a higher penalty or an immediate civil penalty assessment,
19or both, as determined by the department. Except as otherwise
20provided in this chapter, a civil penalty assessment shall not exceed
21one hundred fifty dollars ($150) per day per violation.

22(c) Notwithstanding Sections 1596.893a, 1596.893b, and
231596.98, the department shall assess an immediate civil penalty
24of one hundred fifty dollars ($150) per day per violation for any
25of the following serious violations:

26(1) Fire clearance violations, including, but not limited to,
27overcapacity, inoperable smoke alarms, and inoperable fire alarm
28systems.

29(2) Absence of supervision, including, but not limited to, a child
30left unattended, supervision of a child by a person under 18 years
31of age, and lack of supervision resulting in a child wandering away.

32(3) Accessible bodies of water.

33(4) Accessible firearms, ammunition, or both.

34(5) Refused entry to a facility or any part of a facility in violation
35of Section 1596.852, 1596.853, or 1597.09.

36(6) The presence of an excluded person on the premises.

37(d) For a violation that the department determines resulted in
38the death of a child, the civil penalty shall be assessed as follows:

P44   1(1) Seven thousand five hundred dollars ($7,500) for a licensee
2licensed, among all of the licensee’s facilities, to care for 30 or
3less children.

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

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

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

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

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

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

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

32(f) Before the issuance of a citation imposing a civil penalty
33pursuant to subdivision (d) or (e), the decision shall be approved
34by the program administrator of the Community Care Licensing
35Division.

36(g) Notwithstanding Sections 1596.893a, 1596.893b, and
371596.98, any day care center that is cited for repeating the same
38violation of this chapter or Chapter 3.4 (commencing with Section
391596.70) within 12 months of the first violation is subject to an
P45   1immediate civil penalty of one hundred fifty dollars ($150) for
2each day the violation continues until the deficiency is corrected.

3(h) Any day care center that is assessed a civil penalty under
4subdivision (g) and that repeats the same violation of this chapter
5within 12 months of the violation subject to subdivision (g) shall
6be assessed an immediate civil penalty of one hundred fifty dollars
7($150) for each day the violation continues until the deficiency is
8corrected.

9(i) Notwithstanding any other law, revenues received by the
10state from the payment of civil penalties imposed on licensed child
11care centers pursuant to this chapter or Chapter 3.4 (commencing
12with Section 1596.70), shall be deposited in the Child Health and
13Safety Fund, created pursuant to Chapter 4.6 (commencing with
14Section 18285) of Part 6 of Division 9 of the Welfare and
15Institutions Code, and shall be expended, upon appropriation by
16the Legislature, pursuant to subdivision (f) of Section 18285 of
17the Welfare and Institutions Code exclusively for the technical
18assistance, orientation, training, and education of licensed day care
19center providers.

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

22(2) A notification of a deficiency written by a representative of
23the department shall include a factual description of the nature of
24the deficiency fully stating the manner in which the licensee failed
25to comply with the specified statute or regulation, and, if
26applicable, the particular place or area of the facility in which the
27deficiency occurred.

28(k) (1) A licensee shall have the right to submit to the
29department a written request for a formal review of a civil penalty
30assessed pursuant to subdivisions (d) and (e) within 15 business
31days of receipt of the notice of a civil penalty assessment and shall
32provide all available supporting documentation at that time. The
33review shall be conducted by the deputy director of the Community
34Care Licensing Division. The licensee may submit additional
35supporting documentation that was unavailable at the time of
36submitting the request for review within the first 30 business days
37after submitting the request for review. If the department requires
38additional information from the licensee, that information shall be
39requested within the first 30 business days after receiving the
40request for review. The licensee shall provide this additional
P46   1information within 30 business days of receiving the request from
2the department. If the deputy director determines that the civil
3penalty was not assessed, or the finding of the deficiency that
4resulted in the assessment of the civil penalty was not made, in
5accordance with applicable statutes or regulations of the
6department, he or she may amend or dismiss the civil penalty or
7finding of deficiency. The licensee shall be notified in writing of
8the deputy director’s decision within 60 business days of the date
9when all necessary information has been provided to the
10department by the licensee.

11(2) Upon exhausting the review described in paragraph (1), a
12licensee may further appeal that decision to an administrative law
13judge. Proceedings shall be conducted in accordance with Chapter
145 (commencing with Section 11500) of Part 1 of Division 3 of
15Title 2 of the Government Code, and the department shall have all
16the powers granted by those provisions. In all proceedings
17conducted in accordance with this section, the standard of proof
18shall be by a preponderance of the evidence.

19(3) If, in addition to an assessment of civil penalties, the
20department elects to file an administrative action to suspend or
21revoke the facility license that includes violations relating to the
22assessment of the civil penalties, the department review of the
23pending appeal shall cease and the assessment of the civil penalties
24shall be heard as part of the administrative action process.

25(l) (1) A licensee shall have the right to submit to the
26department a written request for a formal review of any other civil
27penalty or deficiency not described in subdivision (k) within 15
28business days of receipt of the notice of a civil penalty assessment
29or a finding of a deficiency, and shall provide all available
30supporting documentation at that time. The review shall be
31conducted by a regional manager of the Community Care Licensing
32Division. The licensee may submit additional supporting
33documentation that was unavailable at the time of submitting the
34request for review within the first 30 business days after submitting
35the request for review. If the department requires additional
36information from the licensee, that information shall be requested
37within the first 30 business days after receiving the request for
38review. The licensee shall provide this additional information
39within 30 business days of receiving the request from the
40department. If the regional manager determines that the civil
P47   1penalty was not assessed, or the finding of the deficiency was not
2made, in accordance with applicable statutes or regulations of the
3department, he or she may amend or dismiss the civil penalty or
4finding of deficiency. The licensee shall be notified in writing of
5the regional manager’s decision within 60 business days of the
6date when all necessary information has been provided to the
7department by the licensee.

8(2) Upon exhausting the review described in paragraph (1), the
9licensee may further appeal that decision to the program
10administrator of the Community Care Licensing Division within
1115 business days of receipt of notice of the regional manager’s
12decision. The licensee may submit additional supporting
13documentation that was unavailable at the time of appeal to the
14program administrator within the first 30 business days after
15requesting that appeal. If the department requires additional
16information from the licensee, that information shall be requested
17within the first 30 business days after receiving the request for the
18appeal. The licensee shall provide this additional information
19within 30 business days of receiving the request from the
20department. If the program administrator determines that the civil
21penalty was not assessed, or the finding of the deficiency was not
22made, in accordance with applicable statutes or regulations of the
23department, he or she may amend or dismiss the civil penalty or
24finding of deficiency. The licensee shall be notified in writing of
25the program administrator’s decision within 60 business days of
26the date when all necessary information has been provided to the
27department by the licensee. The program administrator’s decision
28is considered final and concludes the licensee’s administrative
29appeal rights regarding the appeal conducted pursuant to this
30paragraph.

31(m) The department shall, by January 1, 2016, amend its
32regulations to reflect the changes to this section made by Section
338 of Chapter 813 of the Statutes of 2014.

34(n) Notwithstanding the Administrative Procedure Act (Chapter
353.5 (commencing with Section 11340) of Part 1 of Division 3 of
36Title 2 of the Government Code), the department may implement
37and administer the changes made by the act that added this
38subdivision through all-county letters or similar written instructions
39until regulations are adopted pursuant to the Administrative
40Procedure Act.

P48   1(o) This section shall become inoperative on July 1, 2017, and,
2as of January 1, 2018, is repealed, unless a later enacted statute,
3that becomes operative on or before January 1, 2018, deletes or
4extends the dates on which it becomes inoperative and is repealed.

5

SEC. 14.  

Section 1596.99 is added to the Health and Safety
6Code
, to read:

7

1596.99.  

(a) In addition to the suspension, temporary
8suspension, or revocation of a license issued under this chapter or
9Chapter 3.4 (commencing with Section 1596.70), the department
10shall levy civil penalties as follows:

11(b) (1) The amount of the civil penalty shall be one hundred
12dollars ($100) per day for each violation of this chapter if a facility
13fails to correct a deficiency after being provided a specified length
14of time to correct the deficiency.

15(A) If a licensee or a licensee’s representative submits evidence
16to the department that the licensee has corrected a deficiency, and
17the department, after reviewing that evidence, has determined that
18the deficiency has been corrected, the civil penalty shall cease as
19of the day the department received that evidence.

20(B) If the department deems it necessary, the department shall
21inspect the facility within five working days after the department
22receives evidence pursuant to subparagraph (A) to confirm that
23the deficiency has been corrected.

24(C) If the department determines that the deficiency has not
25been corrected, the civil penalty shall continue to accrue from the
26date of the original citation.

27(D) If the department is able to verify that the deficiency was
28corrected prior to the date on which the department received the
29evidence pursuant to subparagraph (A), the civil penalty shall cease
30as of that earlier date.

31(2) (A) If the department issues a notification of deficiency to
32a facility for a repeat violation of a violation specified in paragraph
33(1), the department shall assess an immediate civil penalty of two
34hundred fifty dollars ($250) per repeat violation and one hundred
35dollars ($100) for each day the repeat violation continues after
36citation. The notification of deficiency shall state the manner in
37which the deficiency constitutes a repeat violation and shall be
38submitted to a supervisor for review and approval.

39(B) For purposes of this section, “repeat violation” means a
40violation within 12 months of a prior violation of a statutory or
P49   1regulatory provision designated by the same combination of letters
2or numerals, or both letters and numerals.

begin insert

3
(C) Notwithstanding subparagraphs (A) and (B), the department,
4in its sole discretion, may reduce the civil penalty for the cited
5repeat violation to the level of the underlying violation, as
6applicable, if it determines that the cited repeat violation is not
7substantially similar to the original violation.

end insert

8(3) If the nature or seriousness of the violation or the frequency
9of the violation warrants a higher penalty or an immediate civil
10penalty assessment, or both, as provided in this chapter, a
11correction of a deficiency shall not impact the imposition of a civil
12penalty.

13(c) The department shall assess an immediate civil penalty of
14five hundred dollars ($500) per violation and one hundred dollars
15($100) for each day the violation continues after citation, for any
16of the following serious violations:

17(1) Any violation that the department determines resulted in the
18injury or illness of a child.

19(2) Fire clearance violations, including, but not limited to,
20overcapacity, inoperable smoke alarms, and inoperable fire alarm
21systems.

22(3) Absence of supervision, including, but not limited to, a child
23left unattended, and supervision of a child by a person under 18
24years of age.

25(4) Accessible bodies of water, when prohibited by this chapter
26or regulations adopted pursuant to this chapter.

27(5) Accessible firearms, ammunition, or both.

28(6) Refused entry to a facility or any part of a facility in violation
29of Section 1596.852, 1596.853, or 1597.09.

30(7) The presence of a person subject to a department Order of
31Exclusion on the premises.

32(d) If the department issues a notification of deficiency to a
33facility for a repeat violation of a violation specified in subdivision
34(c), the department shall assess an immediate civil penalty of one
35thousand dollars ($1,000) per repeat violation and one hundred
36dollars ($100) for each day the repeat violation continues after
37citation. The notification of deficiency shall state the manner in
38which the deficiency constitutes a repeat violation and shall be
39submitted to a supervisor for review and approval.

P50   1(e) For a violation that the department determines resulted in
2the death of a child, the civil penalty shall be assessed as follows:

3(1) Seven thousand five hundred dollars ($7,500) for a facility
4licensed to care for 30 or fewer children.

5(2) Ten thousand dollars ($10,000) for a facility licensed to care
6for 31 to 100, inclusive, children.

7(3) Fifteen thousand dollars ($15,000) for a facility licensed to
8care for more than 100 children.

9(f) (1) For a violation that the department determines constitutes
10physical abuse or resulted in serious injury, as defined in Section
111596.8865, to a child, the civil penalty shall be assessed as follows:

12(A) Two thousand five hundred dollars ($2,500) for a facility
13licensed to care for 30 or fewer children.

14(B) Five thousand dollars ($5,000) for a facility licensed to care
15for 31 to 100, inclusive, children.

16(C) Ten thousand dollars ($10,000) for a facility licensed to
17care for more than 100 children.

18(2) For purposes of this subdivision, “physical abuse” includes
19physical injury inflicted upon a child by another person by other
20than accidental means, sexual abuse as defined in Section 11165.1
21of the Penal Code, neglect as defined in Section 11165.2 of the
22Penal Code, or unlawful corporal punishment or injury as defined
23in Section 11165.4 of the Penal Code when the person responsible
24for the child’s welfare is a licensee, administrator, or employee of
25any facility licensed to care for children, or an administrator or
26employee of a public or private school or other institution or
27agency.

28(g) (1) Before the assessment of a civil penalty pursuant to
29subdivision (e) or (f), the decision shall be approved by the program
30administrator of the Community Care Licensing Division.

31(2) (A) The department shall reduce the amount of a civil
32penalty due pursuant to subdivision (e) or (f) by the amount of the
33civil penalty already assessed for the underlying violation.

34(B) If the amount of the civil penalty that the department has
35already assessed for the underlying violation exceeds the amount
36of the penalty pursuant to subdivision (e) or (f), the larger amount
37shall prevail and be due and payable as already assessed by the
38department.

39(h) Notwithstanding any other law, revenues received by the
40state from the payment of civil penalties imposed on licensed child
P51   1care centers pursuant to this chapter or Chapter 3.4 (commencing
2with Section 1596.70), shall be deposited in the Child Health and
3Safety Fund, created pursuant to Chapter 4.6 (commencing with
4Section 18285) of Part 6 of Division 9 of the Welfare and
5Institutions Code, and shall be expended, upon appropriation by
6the Legislature, pursuant to subdivision (f) of Section 18285 of
7the Welfare and Institutions Code exclusively for the technical
8assistance, orientation, training, and education of licensed day care
9center providers.

10(i) (1) A notification of a deficiency written by a representative
11of the department shall include a factual description of the nature
12of the deficiency fully stating the manner in which the licensee
13failed to comply with the specified statute or regulation, and, if
14applicable, the particular place or area in which the deficiency
15occurred. The department shall make a good faith effort to work
16with the licensee to determine the cause of the deficiency and ways
17to prevent any repeat violations.

18(2) The department shall adopt regulations setting forth the
19appeal procedures for deficiencies.

20(j) (1) A licensee shall have the right to submit to the
21department a written request for a formal review of a civil penalty
22assessed pursuant to subdivisions (d) and (e) within 15 business
23days of receipt of the notice of a civil penalty assessment and shall
24provide all available supporting documentation at that time. The
25 review shall be conducted by the deputy director of the Community
26Care Licensing Division. The licensee may submit additional
27supporting documentation that was unavailable at the time of
28submitting the request for review within the first 30 business days
29after submitting the request for review. If the department requires
30additional information from the licensee, that information shall be
31requested within the first 30 business days after receiving the
32request for review. The licensee shall provide this additional
33information within 30 business days of receiving the request from
34the department. If the deputy director determines that the civil
35penalty was not assessed, or the finding of the deficiency that
36resulted in the assessment of the civil penalty was not made, in
37accordance with applicable statutes or regulations of the
38department, he or she may amend or dismiss the civil penalty or
39finding of deficiency. The licensee shall be notified in writing of
40the deputy director’s decision within 60 business days of the date
P52   1when all necessary information has been provided to the
2department by the licensee.

3(2) Upon exhausting the review described in paragraph (1), a
4licensee may further appeal that decision to an administrative law
5judge. Proceedings shall be conducted in accordance with Chapter
65 (commencing with Section 11500) of Part 1 of Division 3 of
7Title 2 of the Government Code, and the department shall have all
8the powers granted by those provisions. In all proceedings
9conducted in accordance with this section, the standard of proof
10shall be by a preponderance of the evidence.

11(3) If, in addition to an assessment of civil penalties, the
12department elects to file an administrative action to suspend or
13revoke the facility license that includes violations relating to the
14assessment of the civil penalties, the department review of the
15pending appeal shall cease and the assessment of the civil penalties
16shall be heard as part of the administrative action process.

17(4) Civil penalties shall be due and payable when administrative
18appeals have been exhausted. Unless payment arrangements have
19been made that are acceptable to the department, a civil penalty
20not paid within 30 days shall be subject to late fees, as specified
21by the department in regulation.

22(k) (1) A licensee shall have the right to submit to the
23department a written request for a formal review of any other civil
24penalty or deficiency not described in subdivision (j) within 15
25business days of receipt of the notice of a civil penalty assessment
26or a finding of a deficiency, and shall provide all available
27supporting documentation at that time. The review shall be
28conducted by a regional manager of the Community Care Licensing
29Division. The licensee may submit additional supporting
30documentation that was unavailable at the time of submitting the
31request for review within the first 30 business days after submitting
32the request for review. If the department requires additional
33information from the licensee, that information shall be requested
34within the first 30 business days after receiving the request for
35review. The licensee shall provide this additional information
36within 30 business days of receiving the request from the
37department. If the regional manager determines that the civil
38penalty was not assessed, or the finding of the deficiency was not
39made, in accordance with applicable statutes or regulations of the
40department, he or she may amend or dismiss the civil penalty or
P53   1finding of deficiency. The licensee shall be notified in writing of
2the regional manager’s decision within 60 business days of the
3date when all necessary information has been provided to the
4department by the licensee.

5(2) Upon exhausting the review described in paragraph (1), the
6licensee may further appeal that decision to the program
7administrator of the Community Care Licensing Division within
815 business days of receipt of notice of the regional manager’s
9decision. The licensee may submit additional supporting
10documentation that was unavailable at the time of appeal to the
11program administrator within the first 30 business days after
12requesting that appeal. If the department requires additional
13information from the licensee, that information shall be requested
14within the first 30 business days after receiving the request for the
15appeal. The licensee shall provide this additional information
16within 30 business days of receiving the request from the
17department. If the program administrator determines that the civil
18penalty was not assessed, or the finding of the deficiency was not
19made, in accordance with applicable statutes or regulations of the
20department, he or she may amend or dismiss the civil penalty or
21finding of deficiency. The licensee shall be notified in writing of
22the program administrator’s decision within 60 business days of
23the date when all necessary information has been provided to the
24department by the licensee. The program administrator’s decision
25is considered final and concludes the licensee’s administrative
26appeal rights regarding the appeal conducted pursuant to this
27paragraph.

28(3) Civil penalties shall be due and payable when administrative
29appeals have been exhausted. Unless payment arrangements have
30been made that are acceptable to the department, a civil penalty
31not paid within 30 days shall be subject to late fees, as specified
32by the department in regulation.

33(l) The department shall, by January 1, 2016, amend its
34regulations to reflect the changes to this section made by Section
358 of Chapter 813 of the Statutes of 2014.

36(m) Notwithstanding the Administrative Procedure Act (Chapter
373.5 (commencing with Section 11340) of Part 1 of Division 3 of
38Title 2 of the Government Code), the department may implement
39and administer the changes made by the act that added this
40subdivision through all-county letters or similar written instructions
P54   1until regulations are adopted pursuant to the Administrative
2Procedure Act.

3(n) This section shall become operative on July 1, 2017.

4

SEC. 15.  

Section 1597.58 of the Health and Safety Code is
5amended to read:

6

1597.58.  

(a) In addition to the suspension, temporary
7suspension, or revocation of a license issued under this chapter,
8the department may levy a civil penalty.

9(b) The amount of the civil penalty shall not be less than
10twenty-five dollars ($25) nor more than fifty dollars ($50) per day
11for each violation of this chapter except where the nature or
12seriousness of the violation or the frequency of the violation
13warrants a higher penalty or an immediate civil penalty assessment
14or both, as determined by the department. Except as otherwise
15provided in this chapter, a civil penalty assessment shall not exceed
16one hundred fifty dollars ($150) per day per violation.

17(c) Notwithstanding Sections 1596.893a, 1596.893b, 1597.56,
18and 1597.62, the department shall assess an immediate civil penalty
19of one hundred fifty dollars ($150) per day per violation for any
20of the following serious violations:

21(1) Any violation that results in the injury, illness, or death of
22a child.

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

26(3) Accessible bodies of water.

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

28(5) Refused entry to a facility or any part of a facility in violation
29 of Sections 1596.852, 1596.853, 1597.55a, and 1597.55b.

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

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

33(1) Five thousand dollars ($5,000) for a small family day care
34home, as described in Section 1597.44.

35(2) Seven thousand five hundred dollars ($7,500) for a large
36family day care home, as described in Section 1597.465.

37(e) (1) For a violation that the department determines constitutes
38physical abuse or resulted in serious injury, as defined in Section
391596.8865, to a child, the civil penalty shall be assessed as follows:

P55   1(A) One thousand dollars ($1,000) for a small family day care
2home, as described in Section 1597.44.

3(B) Two thousand dollars ($2,000) for a large family day care
4home, as described in Section 1597.465.

5(2) For purposes of this subdivision, “physical abuse” includes
6physical injury inflicted upon a child by another person by other
7than accidental means, sexual abuse as defined in Section 11165.1
8of the Penal Code, neglect as defined in Section 11165.2 of the
9Penal Code, or unlawful corporal punishment or injury as defined
10in Section 11165.4 of the Penal Code when the person responsible
11for the child’s welfare is a licensee, administrator, or employee of
12any facility licensed to care for children, or an administrator or
13employee of a public or private school or other institution or
14agency.

15(f) Before the issuance of a citation imposing a civil penalty
16pursuant to subdivision (d) or (e), the decision shall be approved
17by the program administrator of the Community Care Licensing
18Division.

19(g) Notwithstanding Sections 1596.893a, 1596.893b, 1597.56,
20and 1597.62, any family day care home that is cited for repeating
21the same violation of this chapter or Chapter 3.4 (commencing
22with Section 1596.70), within 12 months of the first violation, is
23subject to an immediate civil penalty assessment of up to one
24hundred fifty dollars ($150) and may be assessed up to fifty dollars
25($50) for each day the violation continues until the deficiency is
26corrected.

27(h) Any family day care home that is assessed a civil penalty
28under subdivision (g) that repeats the same violation of this chapter
29within 12 months of the violation subject to subdivision (g) shall
30be assessed an immediate assessment of up to one hundred fifty
31dollars ($150) and may be assessed up to one hundred fifty dollars
32($150) for each day the violation continues until the deficiency is
33corrected.

34(i) Notwithstanding any other law, revenues received by the
35state from the payment of civil penalties imposed on licensed
36family day care homes pursuant to this chapter or Chapter 3.4
37(commencing with Section 1596.70), shall be deposited in the
38Child Health and Safety Fund, created pursuant to Chapter 4.6
39(commencing with Section 18285) of Part 6 of Division 9 of the
40Welfare and Institutions Code, and shall be expended, upon
P56   1appropriation by the Legislature, pursuant to subdivision (f) of
2Section 18285 of the Welfare and Institutions Code exclusively
3for the technical assistance, orientation, training, and education of
4licensed family day care home providers.

5(j) (1) The department shall adopt regulations setting forth the
6appeal procedures for deficiencies.

7(2) A notification of a deficiency written by a representative of
8the department shall include a factual description of the nature of
9the deficiency fully stating the manner in which the licensee failed
10to comply with the specified statute or regulation, and, if
11applicable, the particular place or area of the facility in which the
12deficiency occurred.

13(k) (1) A licensee shall have the right to submit to the
14department a written request for a formal review of a civil penalty
15assessed pursuant to subdivisions (d) and (e) within 15 business
16days of receipt of the notice of a civil penalty assessment and shall
17provide all available supporting documentation at that time. The
18review shall be conducted by the deputy director of the Community
19Care Licensing Division. The licensee may submit additional
20 supporting documentation that was unavailable at the time of
21submitting the request for review within the first 30 business days
22after submitting the request for review. If the department requires
23additional information from the licensee, that information shall be
24requested within the first 30 business days after receiving the
25request for review. The licensee shall provide this additional
26information within 30 business days of receiving the request from
27the department. If the deputy director determines that the civil
28penalty was not assessed, or the finding of the deficiency that
29resulted in the assessment of the civil penalty was not made, in
30accordance with applicable statutes or regulations of the
31department, he or she may amend or dismiss the civil penalty or
32finding of deficiency. The licensee shall be notified in writing of
33the deputy director’s decision within 60 business days of the date
34when all necessary information has been provided to the
35department by the licensee.

36(2) Upon exhausting the review described in paragraph (1), a
37licensee may further appeal that decision to an administrative law
38judge. Proceedings shall be conducted in accordance with Chapter
395 (commencing with Section 11500) of Part 1 of Division 3 of
40Title 2 of the Government Code, and the department shall have all
P57   1the powers granted by those provisions. In all proceedings
2conducted in accordance with this section, the standard of proof
3shall be by a preponderance of the evidence.

4(3) If, in addition to an assessment of civil penalties, the
5department elects to file an administrative action to suspend or
6revoke the facility license that includes violations relating to the
7assessment of the civil penalties, the department review of the
8pending appeal shall cease and the assessment of the civil penalties
9shall be heard as part of the administrative action process.

10(l) (1) A licensee shall have the right to submit to the
11department a written request for a formal review of any other civil
12penalty or deficiency not described in subdivision (k) within 15
13business days of receipt of the notice of a civil penalty assessment
14or a finding of a deficiency, and shall provide all available
15supporting documentation at that time. The review shall be
16conducted by a regional manager of the Community Care Licensing
17Division. The licensee may submit additional supporting
18documentation that was unavailable at the time of submitting the
19request for review within the first 30 business days after submitting
20the request for review. If the department requires additional
21information from the licensee, that information shall be requested
22within the first 30 business days after receiving the request for
23review. The licensee shall provide this additional information
24within 30 business days of receiving the request from the
25department. If the regional manager determines that the civil
26penalty was not assessed, or the finding of the deficiency was not
27made, in accordance with applicable statutes or regulations of the
28department, he or she may amend or dismiss the civil penalty or
29finding of deficiency. The licensee shall be notified in writing of
30the regional manager’s decision within 60 business days of the
31date when all necessary information has been provided to the
32department by the licensee.

33(2) Upon exhausting the review described in paragraph (1), the
34licensee may further appeal that decision to the program
35administrator of the Community Care Licensing Division within
3615 business days of receipt of notice of the regional manager’s
37decision. The licensee may submit additional supporting
38documentation that was unavailable at the time of appeal to the
39program administrator within the first 30 business days after
40requesting that appeal. If the department requires additional
P58   1information from the licensee, that information shall be requested
2within the first 30 business days after receiving the request for the
3appeal. The licensee shall provide this additional information
4within 30 business days of receiving the request from the
5department. If the program administrator determines that the civil
6penalty was not assessed, or the finding of the deficiency was not
7made, in accordance with applicable statutes or regulations of the
8department, he or she may amend or dismiss the civil penalty or
9finding of deficiency. The licensee shall be notified in writing of
10the program administrator’s decision within 60 business days of
11the date when all necessary information has been provided to the
12department by the licensee. The program administrator’s decision
13is considered final and concludes the licensee’s administrative
14appeal rights regarding the appeal conducted pursuant to this
15paragraph.

16(m) The department shall, by January 1, 2016, amend its
17regulations to reflect the changes to this section made by Section
1810 of Chapter 813 of the Statutes of 2014.

19(n) Notwithstanding the Administrative Procedure Act (Chapter
203.5 (commencing with Section 11340) of Part 1 of Division 3 of
21Title 2 of the Government Code), the department may implement
22and administer the changes made by the act that added this
23subdivision through all-county letters or similar written instructions
24until regulations are adopted pursuant to the Administrative
25Procedure Act.

26(o) This section shall become inoperative on July 1, 2017, and,
27as of January 1, 2018, is repealed, unless a later enacted statute,
28that becomes operative on or before January 1, 2018, deletes or
29extends the dates on which it becomes inoperative and is repealed.

30

SEC. 16.  

Section 1597.58 is added to the Health and Safety
31Code
, to read:

32

1597.58.  

(a) In addition to the suspension, temporary
33suspension, or revocation of a license issued under this chapter,
34the department shall levy a civil penalty.

35(b) (1) The amount of the civil penalty shall be one hundred
36dollars ($100) per day for each violation of this chapter if a facility
37fails to correct a deficiency after being provided a specified length
38of time to correct that deficiency.

39(A) If a licensee or a licensee’s representative submits evidence
40to the department that the licensee has corrected a deficiency, and
P59   1the department, after reviewing that evidence, has determined that
2the deficiency has been corrected, the civil penalty shall cease as
3 of the day the department received that evidence.

4(B) If the department deems it necessary, the department shall
5inspect the facility within five working days after the department
6receives evidence pursuant to subparagraph (A) to confirm that
7the deficiency has been corrected.

8(C) If the department determines that the deficiency has not
9been corrected, the civil penalty shall continue to accrue from the
10date of the original citation.

11(D) If the department is able to verify that the deficiency was
12corrected prior to the date on which the department received the
13evidence pursuant to subparagraph (A), the civil penalty shall cease
14as of that earlier date.

15(2) (A) If the department issues a notification of deficiency to
16a facility for a repeat violation of a violation specified in paragraph
17(1), the department shall assess an immediate civil penalty of two
18hundred fifty dollars ($250) per repeat violation and one hundred
19dollars ($100) for each day the repeat violation continues after
20citation. The notification of deficiency shall state the manner in
21which the deficiency constitutes a repeat violation and shall be
22submitted to a supervisor for review and approval.

23(B) For purposes of this section, “repeat violation” means a
24violation within 12 months of a prior violation of a statutory or
25regulatory provision designated by the same combination of letters
26or numerals, or both letters and numerals.

begin insert

27
(C) Notwithstanding subparagraphs (A) and (B), the department,
28in its sole discretion, may reduce the civil penalty for the cited
29repeat violation to the level of the underlying violation, as
30applicable, if it determines that the cited repeat violation is not
31substantially similar to the original violation.

end insert

32(3) If the nature or seriousness of the violation or the frequency
33of the violation warrants a higher penalty or an immediate civil
34penalty assessment, or both, as provided in this chapter, a
35correction of the deficiency shall not impact the imposition of a
36civil penalty.

37(c) The department shall assess an immediate civil penalty of
38five hundred dollars ($500) per violation and one hundred dollars
39($100) for each day the violation continues after citation, for any
40of the following serious violations:

P60   1(1) Any violation that the department determines resulted in the
2injury or illness of a child.

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

6(3) Accessible bodies of water, when prohibited by this chapter
7or regulations adopted pursuant to this chapter.

8(4) Accessible firearms, ammunition, or both.

9(5) Refused entry to a facility or any part of a facility in violation
10of Sections 1596.852, 1596.853, 1597.55a, and 1597.55b.

11(6) The presence of a person subject to a department Order of
12Exclusion on the premises.

13(d) If the department issues a notification of deficiency to a
14facility for a repeat violation of a violation specified in subdivision
15(c), the department shall assess an immediate civil penalty of one
16thousand dollars ($1,000) per repeat violation and one hundred
17dollars ($100) for each day the repeat violation continues after
18citation. The notification of deficiency shall state the manner in
19which the deficiency constitutes a repeat violation and shall be
20submitted to a supervisor for review and approval.

21(e) For a violation that the department determines resulted in
22the death of a child, the civil penalty shall be assessed as follows:

23(1) Five thousand dollars ($5,000) for a small family day care
24home, as described in Section 1597.44.

25(2) Seven thousand five hundred dollars ($7,500) for a large
26family day care home, as described in Section 1597.465.

27(f) (1) For a violation that the department determines constitutes
28physical abuse or resulted in serious injury, as defined in Section
291596.8865, to a child, the civil penalty shall be assessed as follows:

30(A) One thousand dollars ($1,000) for a small family day care
31home, as described in Section 1597.44.

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

34(2) For purposes of this subdivision, “physical abuse” includes
35physical injury inflicted upon a child by another person by other
36than accidental means, sexual abuse as defined in Section 11165.1
37of the Penal Code, neglect as defined in Section 11165.2 of the
38Penal Code, or unlawful corporal punishment or injury as defined
39in Section 11165.4 of the Penal Code when the person responsible
40for the child’s welfare is a licensee, administrator, or employee of
P61   1any facility licensed to care for children, or an administrator or
2employee of a public or private school or other institution or
3agency.

4(g) (1) Before the assessment of a civil penalty pursuant to
5subdivision (e) or (f), the decision shall be approved by the program
6 administrator of the Community Care Licensing Division.

7(2) (A) The department shall reduce the amount of a civil
8penalty due pursuant to subdivision (e) or (f) by the amount of the
9civil penalty already assessed for the underlying violation.

10(B) If the amount of the civil penalty that the department has
11already assessed for the underlying violation exceeds the amount
12of the penalty pursuant to subdivision (e) or (f), the larger amount
13shall prevail and be due and payable as already assessed by the
14department.

15(h) Notwithstanding any other law, revenues received by the
16state from the payment of civil penalties imposed on licensed
17family day care homes pursuant to this chapter or Chapter 3.4
18(commencing with Section 1596.70), shall be deposited in the
19Child Health and Safety Fund, created pursuant to Chapter 4.6
20(commencing with Section 18285) of Part 6 of Division 9 of the
21Welfare and Institutions Code, and shall be expended, upon
22appropriation by the Legislature, pursuant to subdivision (f) of
23Section 18285 of the Welfare and Institutions Code exclusively
24for the technical assistance, orientation, training, and education of
25licensed family day care home providers.

26(i) (1) A notification of a deficiency written by a representative
27of the department shall include a factual description of the nature
28of the deficiency fully stating the manner in which the licensee
29failed to comply with the specified statute or regulation, and, if
30applicable, the particular place or area in which the deficiency
31occurred. The department shall make a good faith effort to work
32with the licensee to determine the cause of the deficiency and ways
33to prevent any repeat violations.

34(2) The department shall adopt regulations setting forth appeal
35procedures for deficiencies.

36(j) (1) A licensee shall have the right to submit to the
37department a written request for a formal review of a civil penalty
38assessed pursuant to subdivisions (d) and (e) within 15 business
39days of receipt of the notice of a civil penalty assessment and shall
40provide all available supporting documentation at that time. The
P62   1review shall be conducted by the deputy director of the Community
2Care Licensing Division. The licensee may submit additional
3supporting documentation that was unavailable at the time of
4submitting the request for review within the first 30 business days
5after submitting the request for review. If the department requires
6additional information from the licensee, that information shall be
7requested within the first 30 business days after receiving the
8request for review. The licensee shall provide this additional
9information within 30 business days of receiving the request from
10the department. If the deputy director determines that the civil
11penalty was not assessed, or the finding of the deficiency that
12resulted in the assessment of the civil penalty was not made, in
13accordance with applicable statutes or regulations of the
14department, he or she may amend or dismiss the civil penalty or
15finding of deficiency. The licensee shall be notified in writing of
16the deputy director’s decision within 60 business days of the date
17when all necessary information has been provided to the
18department by the licensee.

19(2) Upon exhausting the review described in paragraph (1), a
20licensee may further appeal that decision to an administrative law
21judge. Proceedings shall be conducted in accordance with Chapter
225 (commencing with Section 11500) of Part 1 of Division 3 of
23Title 2 of the Government Code, and the department shall have all
24the powers granted by those provisions. In all proceedings
25conducted in accordance with this section, the standard of proof
26shall be by a preponderance of the evidence.

27(3) If, in addition to an assessment of civil penalties, the
28department elects to file an administrative action to suspend or
29revoke the facility license that includes violations relating to the
30assessment of the civil penalties, the department review of the
31pending appeal shall cease and the assessment of the civil penalties
32shall be heard as part of the administrative action process.

33(4) Civil penalties shall be due and payable when administrative
34appeals have been exhausted. Unless payment arrangements have
35been made that are acceptable to the department, a civil penalty
36not paid within 30 days shall be subject to late fees, as specified
37by the department in regulation.

38(k) (1) A licensee shall have the right to submit to the
39department a written request for a formal review of any other civil
40penalty or deficiency not described in subdivision (j) within 15
P63   1business days of receipt of the notice of a civil penalty assessment
2or a finding of a deficiency, and shall provide all available
3supporting documentation at that time. The review shall be
4conducted by a regional manager of the Community Care Licensing
5Division. The licensee may submit additional supporting
6documentation that was unavailable at the time of submitting the
7request for review within the first 30 business days after submitting
8the request for review. If the department requires additional
9information from the licensee, that information shall be requested
10within the first 30 business days after receiving the request for
11review. The licensee shall provide this additional information
12within 30 business days of receiving the request from the
13department. If the regional manager determines that the civil
14penalty was not assessed, or the finding of the deficiency was not
15made, in accordance with applicable statutes or regulations of the
16department, he or she may amend or dismiss the civil penalty or
17finding of deficiency. The licensee shall be notified in writing of
18the regional manager’s decision within 60 business days of the
19date when all necessary information has been provided to the
20department by the licensee.

21(2) Upon exhausting the review described in paragraph (1), the
22licensee may further appeal that decision to the program
23administrator of the Community Care Licensing Division within
2415 business days of receipt of notice of the regional manager’s
25decision. The licensee may submit additional supporting
26documentation that was unavailable at the time of appeal to the
27program administrator within the first 30 business days after
28requesting that appeal. If the department requires additional
29information from the licensee, that information shall be requested
30within the first 30 business days after receiving the request for the
31appeal. The licensee shall provide this additional information
32within 30 business days of receiving the request from the
33department. If the program administrator determines that the civil
34penalty was not assessed, or the finding of the deficiency was not
35made, in accordance with applicable statutes or regulations of the
36department, he or she may amend or dismiss the civil penalty or
37finding of deficiency. The licensee shall be notified in writing of
38the program administrator’s decision within 60 business days of
39the date when all necessary information has been provided to the
40department by the licensee. The program administrator’s decision
P64   1is considered final and concludes the licensee’s administrative
2appeal rights regarding the appeal conducted pursuant to this
3paragraph.

4(3) Civil penalties shall be due and payable when administrative
5appeals have been exhausted. Unless payment arrangements have
6been made that are acceptable to the department, a civil penalty
7not paid within 30 days shall be subject to late fees, as specified
8by the department in regulation.

9(l) Notwithstanding the Administrative Procedure Act (Chapter
103.5 (commencing with Section 11340) of Part 1 of Division 3 of
11Title 2 of the Government Code), the department may implement
12and administer the changes made by the act that added this
13subdivision through all-county letters or similar written instructions
14until regulations are adopted pursuant to the Administrative
15Procedure Act.

16(m) This section shall become operative on July 1, 2017.



O

    96