Amended in Senate August 17, 2016

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 Bill No. 2231

Introduced by Assembly Member Calderon

(Coauthor: Assembly Member Travis Allen)

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. 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. The bill would delete the provisions that authorize the department to impose those civil penalties, and instead would require the imposition of 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.

begin insert

This bill would incorporate additional changes in Section 1548 of the Health and Safety Code proposed by AB 1997, that would become operative only if AB 1997 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.

end insert

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

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

SECTION 1.  

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

1548.  

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

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

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

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

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

(ii) Initiated eviction proceedings.

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

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

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

(4) Accessible firearms, ammunition, or both.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) For purposes of subparagraphs (C), (D), (E), and (F) of
paragraph (1), “physical abuse” includes physical injury inflicted
upon a child by another person by other than accidental means,
sexual abuse as defined in Section 11165.1 of the Penal Code,
neglect as defined in Section 11165.2 of the Penal Code, or
unlawful corporal punishment or injury as defined in Section
11165.4 of the Penal Code when the person responsible for the
child’s welfare is a licensee, administrator, or employee of any
facility licensed to care for children.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

begin insert

begin insert SEC. 1.5. end insert   

end insert

begin insert Section 1548 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1548.  

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

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

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

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

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

(ii) Initiated eviction proceedings.

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

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

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

(4) Accessible firearms, ammunition, or both.

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

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

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

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

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

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

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

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

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

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

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

begin insert

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

end insert begin insert

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

end insert

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

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

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

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

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

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

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

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

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

begin insert

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

end insert begin insert

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

end insert

(2) For purposes of subparagraphs begin delete (C) and (D), end delete begin insert (C), (D), (E),
and (F) of paragraph (1), end insert “physical abuse” includes physical injury
inflicted upon a child by another person by other than accidental
means, sexual abuse as defined in Section 11165.1 of the Penal
Code, neglect as defined in Section 11165.2 of the Penal Code, or
unlawful corporal punishment or injury as defined in Section
11165.4 of the Penal Code when the person responsible for the
child’s welfare is a licensee, administrator, or employee of any
facility licensed to care for children.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

begin delete

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

end delete begin insert

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

end insert

SEC. 2.  

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

1548.  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) Initiated eviction proceedings.

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

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

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

(5) Accessible firearms, ammunition, or both.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) For purposes of subparagraphs (C), (D), (E), and (F) of
paragraph (1), “physical abuse” includes physical injury inflicted
upon a child by another person by other than accidental means,
sexual abuse as defined in Section 11165.1 of the Penal Code,
neglect as defined in Section 11165.2 of the Penal Code, or
unlawful corporal punishment or injury as defined in Section
11165.4 of the Penal Code when the person responsible for the
child’s welfare is a licensee, administrator, or employee of any
facility licensed to care for children.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

begin insert

begin insert SEC. 2.5. end insert   

end insert

begin insert Section 1548 is added to the end insert begin insert Health and Safety Code end insert begin insert ,
to read: end insert

begin insert

begin insert 1548. end insert   

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) Initiated eviction proceedings.

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

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

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

(5) Accessible firearms, ammunition, or both.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) For purposes of subparagraphs (C), (D), (E), and (F) of
paragraph (1), “physical abuse” includes physical injury inflicted
upon a child by another person by other than accidental means,
sexual abuse as defined in Section 11165.1 of the Penal Code,
neglect as defined in Section 11165.2 of the Penal Code, or
unlawful corporal punishment or injury as defined in Section
11165.4 of the Penal Code when the person responsible for the
child’s welfare is a licensee, administrator, or employee of any
facility licensed to care for children.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

end insert

SEC. 3.  

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

1566.7.  

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

(a)  Discovery that an employee of the facility has a criminal
record which would affect the facility’s compliance with Section
1522.

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

SEC. 4.  

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

1568.0822.  

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

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

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

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

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

(ii) Initiated eviction proceedings.

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

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

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

(4) Accessible firearms, ammunition, or both.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 5.  

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

1568.0822.  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) Initiated eviction proceedings.

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

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

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

(5) Accessible firearms, ammunition, or both.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 6.  

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

1569.335.  

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

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

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

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

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

SEC. 7.  

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

1569.49.  

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

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

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

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

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

(ii) Initiated eviction proceedings.

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

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

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

(4) Accessible firearms, ammunition, or both.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 8.  

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

1569.49.  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) Initiated eviction proceedings.

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

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

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

(5) Accessible firearms, ammunition, or both.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 9.  

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

1596.819.  

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

(1) For each child day care facility as defined in Section
1596.750, except family day care homes, the information shall
include, but is not limited to, the name and address of the facility,
the licensed capacity of the facility, the status of the license, and
the number of site inspections, including the number of citations,
substantiated and unsubstantiated complaint inspections, and
noncomplaint inspections during the preceding five-year period.

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

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

SEC. 10.  

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

1596.859.  

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

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

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

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

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

SEC. 11.  

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

1596.8595.  

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

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

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

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

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

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

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

(2) Upon enrollment of a new child in a facility, the licensee
shall provide to the parents or legal guardians of the newly
enrolling child copies of any licensing report that the licensee has
received during the prior 12-month period that documents a citation
issued pursuant to subdivision (d) or (e) of Section 1596.99 or
subdivision (d) or (e) of Section 1597.58 or that represents an
immediate risk to the health, safety, or personal rights of children
in care as set forth in paragraph (1) of subdivision (a) of Section
1596.893b.

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

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

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

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

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

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

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

SEC. 12.  

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

1596.8595.  

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

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

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

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

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

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

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

(2) Upon enrollment of a new child in a facility, the licensee
shall provide to the parents or legal guardians of the newly
enrolling child copies of any licensing report that the licensee has
received during the prior 12-month period that documents a citation
issued pursuant to subdivision (e) or (f) of Section 1596.99 or
subdivision (e) or (f) of Section 1597.58 or that represents an
immediate risk to the health, safety, or personal rights of children
in care as set forth in paragraph (1) of subdivision (a) of Section
1596.893b.

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

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

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

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

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

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

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

SEC. 13.  

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

1596.99.  

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

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

(c) Notwithstanding Sections 1596.893a, 1596.893b, and
1596.98, the department shall assess an immediate civil penalty
of one hundred fifty dollars ($150) per day per violation for any
of the following serious violations:

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

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

(3) Accessible bodies of water.

(4) Accessible firearms, ammunition, or both.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 14.  

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

1596.99.  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(5) Accessible firearms, ammunition, or both.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 15.  

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

1597.58.  

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

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

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

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

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

(3) Accessible bodies of water.

(4) Accessible firearms, ammunition, or both.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 16.  

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

1597.58.  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(4) Accessible firearms, ammunition, or both.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

begin insert

begin insert SEC. 17. end insert   

end insert begin insert

Sections 1.5 and 2.5 of this bill incorporate
amendments to Section 1548 of the Health and Safety Code
proposed by both this bill and Assembly Bill 1997. They shall only
become operative if (1) both bills are enacted and become effective
on or before January 1, 2017, (2) each bill amends Section 1548
of the Health and Safety Code, and (3) this bill is enacted after
Assembly Bill 1997, in which case Sections 1 and 2 of this bill
shall not become operative.

end insert