BILL NUMBER: SB 933 CHAPTERED
BILL TEXT
CHAPTER 311
FILED WITH SECRETARY OF STATE AUGUST 19, 1998
APPROVED BY GOVERNOR AUGUST 18, 1998
PASSED THE SENATE AUGUST 12, 1998
PASSED THE ASSEMBLY AUGUST 11, 1998
AMENDED IN ASSEMBLY AUGUST 10, 1998
AMENDED IN ASSEMBLY JULY 16, 1998
AMENDED IN ASSEMBLY JUNE 29, 1998
AMENDED IN ASSEMBLY JUNE 10, 1998
AMENDED IN SENATE JUNE 3, 1997
AMENDED IN SENATE MAY 5, 1997
AMENDED IN SENATE APRIL 7, 1997
INTRODUCED BY Senator Thompson
(Principal coauthor: Assembly Member Aroner)
(Coauthors: Assembly Members Margett and Ortiz)
FEBRUARY 27, 1997
An act to amend Sections 56140, 56200, 56205, and 56366 of, to add
Sections 49069.5 and 56366.8 to, and to add Chapter 5.5 (commencing
with Section 48850) to Part 27 of, the Education Code, to add
Sections 7911, 7911.1, and 7912 to the Family Code, to amend Sections
1522, 1522.03, 1522.04, 1522.1, 1522.4, 1534, 1538, 1538.5, 1548,
1550, 1558, 1558.1, 1563, 1568.082, 1568.09, 1568.092, 1568.093,
1569.17, 1569.172, 1569.50, 1569.58, 1569.59, 1569.617, 1596.603,
1596.871, 1596.8713, 1596.877, 1596.885, 1596.8897, and 1596.8898 of,
to add Sections 1520.1, 1520.11, 1522.02, 1522.41, 1522.42, 1522.43,
1534.5, 1568.042, 1569.1515, and 1596.952 to, the Health and Safety
Code, to amend Section 11174.3 of the Penal Code, and to amend
Sections 366, 727.1, 827, 10609.3, 11402, 11461, 11462, 11463, 11465,
16501.1, and 18358.30 of, to add Sections 361.21, 5867.5, 11466.21,
16501.2, and 16516.5 to, to add Chapter 2.5 (commencing with Section
16160) to Part 4 of, and to add Chapter 12.86 (commencing with
Section 18987.6) to Part 6 of, Division 9 of, and to repeal Sections
11404.5 and 11467 of, the Welfare and Institutions Code, relating to
human services, making an appropriation therefor, and declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 933, M. Thompson. Foster care.
Existing law provides that each person between the ages of 6 and
18 years, not otherwise exempted, is subject to compulsory full-time
education and shall attend the public full-time day school or
continuation school for the full time designated as the length of the
schoolday by the governing board of the school district in which the
residency of either the parent or legal guardian is located.
Existing law provides that a pupil shall be deemed to have complied
with the residency requirements for school attendance in a school
district if the pupil is placed within the boundaries of that school
district in a regularly established licensed children's institution,
or a licensed foster home, or a family home pursuant to a legal
commitment or placement.
This bill would impose a state-mandated local program by requiring
every county office of education to make available to agencies that
place children in licensed children's institutions information on
educational options for children residing in licensed children's
institutions within its jurisdiction. The bill would require every
agency that places a child in a licensed children's institution to
notify the local educational agency at the time a pupil is placed.
The bill would impose a state-mandated local program by requiring a
local educational agency to invite at least one noneducational agency
representative that has placement responsibility for a pupil
residing in a licensed children's institution to collaborate with the
local educational agency in the monitoring of a placement in a
nonpublic, nonsectarian school or agency.
Existing law provides that whenever a pupil transfers from one
school district to another or to a private school, or transfers from
a private school to a school district within the state, the pupil's
permanent record shall be transferred by the former district or
private school upon a request from the district or private school
where the pupil intends to enroll.
This bill would impose a state-mandated local program by requiring
a local educational agency with which a pupil in foster care has
been most recently enrolled that has been informed of the next
educational placement of the pupil to cooperate with the county
social service or probation department to, upon request, ensure that
the pupil's educational record, and to ensure that educational
background information for the pupil's health and educational record,
is transferred to the receiving local educational agency and the
foster children services program in a timely manner.
Existing law requires the offices of county superintendents of
schools to undertake various duties with regard to countywide and
local plans submitted to the Superintendent of Public Instruction.
This bill would also require every county office, for each special
education local plan area located in its jurisdiction that has
completed a revised local plan, to make available a copy of the
annual service plan adopted at a public hearing held by the special
education local plan area, thereby imposing a state-mandated local
program.
Existing law requires that each local plan submitted by a special
education local plan area to the Superintendent of Public Instruction
contain certain information, including a description of services to
be provided by each school district and county office of education.
This bill would require including in the local plan a description
of the process being utilized to oversee and evaluate placements in
nonpublic, nonsectarian schools or agencies and the method for
ensuring that all requirements of each pupil's individualized
education program are being met.
Existing law requires the development of a master contract for
nonpublic, nonsectarian school or agency services.
This bill would require the master contract to include a
description of the process being utilized by the school district,
county office of education, or special education local plan area to
oversee and evaluate placements in nonpublic, nonsectarian schools.
The bill would require the State Department of Education, as part of
its certification process and complaint investigation process for
nonpublic, nonsectarian schools or agencies, to provide advance
notice of certification reviews and complaint investigations to,
include in the process of reviewing and investigating, and transmit
final reports to, districts, special education local plan areas, and
county offices that work with the nonpublic, nonsectarian school or
agency, and to provide advance notice of certification review to
nonpublic, nonsectarian schools and agencies under review.
Existing law adopts the Interstate Compact for Children to
cooperate in the interstate placement of children and enters
California into the compact with all other jurisdictions joining the
compact.
This bill would require the State Department of Social Services or
its designee to investigate any threat to the health and safety of
children placed by a California county social services agency or
probation department pursuant to the compact. The bill would require
the department to require certified out-of-state group homes to
comply with California reporting requirements for all children. The
bill would authorize the Compact Administrator to suspend temporarily
new placements in out-of-state group homes pending completion of
certain investigations.
Existing law imposes various requirements that are required to be
met as a condition of licensing of community care facilities,
including group homes, and provides for the licensure of those
entities by the State Department of Social Services.
This bill would require group homes to operate with a provisional
license during the first 12 months of operation, and would require
the department to take certain actions during this period of
operation. It would permit the department, under certain
circumstances, to extend the provisional license for up to an
additional 6 months.
This bill would impose the additional requirement that prior to
becoming a member of a board of directors of a group home persons
sign a statement that they understand their duties and obligations in
that capacity, as a condition of licensing the group home. The bill
would require a group home provider to schedule quarterly meetings
and report the minutes of the meeting to the State Department of
Social Services. The bill would require the board of directors to
discuss licensing issues.
This bill would require the department to identify and distribute
to all group home providers detailed information designed to educate
members of the board of directors of the group homes on their roles
and responsibilities and would specify that, as a condition to a
group home receiving a payment rate, the board of directors of the
group home shall sign a form indicating they have read and understood
the requirements. The bill would require a board of directors of
any group home, in order to receive a payment rate, to schedule and
conduct meetings annually to review documents determined by the
department, including, but not limited to, licensing information, and
to adopt regulations requiring the board of directors of a group
home to make timely submissions of the minutes of their meetings, to
appropriate agencies.
The bill would require any corporation that applies for licensure
as a community care facility to list the facilities that any member
of the board of directors, executive director, or executive officer,
of the corporation, or executive director, has been licensed to
operate, been employed in, or served as a member of the board of
directors, executive officer, or an officer, and would prohibit the
department from issuing a license to any corporate applicant that has
such a member who is not eligible to work at a community care
facility, and would permit the department to revoke the license of
any corporation with a director, executive officer, or officer, who
is not eligible to work in a community care facility, subject to
giving the applicant notice and an opportunity to remove that
individual.
Existing law requires that before issuing a license or special
permit to any person to operate or manage a community care facility
the State Department of Social Services determine if any person or
any director or officer of an applicant corporation has ever been
convicted of certain crimes and requires the department to deny the
application in the case of a conviction of one or more of those
crimes.
This bill would require applicants to submit a second set of
fingerprints for purposes of searching criminal records of the
Federal Bureau of Investigation, and would authorize the issuance of
a license when the fingerprints have been submitted and all licensing
qualifications have been met, except for the receipt of criminal
history information from the Federal Bureau of Investigation subject
to revocation if the department determines the person has a criminal
record. The bill would, in limited circumstances, authorize the
Director of Social Services to grant an exemption from the denial of
the licensure if the director determines that the person convicted of
a crime is of such good character as to justify issuance of the
license or special permit.
The bill would authorize the department to create substitute group
home employee registries for persons working at more than one
facility licensed by the department to submit fingerprint cards and
child abuse index information for child care registries.
Existing law states the intent of the Legislature that the
Department of Justice charge a fee to cover its services provided in
determining if any applicant or director or officer of a corporate
applicant has been convicted of certain crimes.
This bill would authorize the Department of Justice to charge the
fee.
The bill would also specify procedures to be followed when the
Department of Justice cannot ascertain information concerning an
applicant's criminal record check within a specified period.
This bill would require that the State Department of Social
Services implement regulations regarding the roles and duties of a
group home facility manager in overseeing a group home's operation
and the time each spends at the group home and the inclusion of that
information in the facility's plan of operation.
The bill would prohibit any group home or foster family agency or
employee or director thereof to offer gifts or other remuneration to
any employee of the State Department of Social Services or placement
agency or employee of the court that exceeds certain limits. The
bill would also prohibit the employees of the department from
accepting any gift of any type from any group home or foster family
agency licensee, employee, or director, and would make violation of
that prohibition a misdemeanor. By creating a new crime, this bill
would result in a state-mandated local program.
The bill would require the Director of Social Services to
establish a certification program to ensure that administrators of
group home facilities have appropriate training and certification.
Existing law creates the Certification Fund from which moneys,
upon appropriation by the Legislature, shall be expended by the State
Department of Social Services for the purpose of administering the
residential care facilities for the elderly certification program.
This bill would, for the 1998-99 fiscal year, appropriate the sum
of not to exceed $250,000 from the Certification Fund to the State
Department of Social Services for administration of the group home
facility certification program. It would require repayment of this
appropriation upon receipt of fees received pursuant to that program.
The bill would also impose other duties upon group homes,
including the duty to develop a daily schedule of activities, and
requirements relating to the maintenance of reports and other
documents pertaining to the facility.
Existing law requires the periodic inspection and evaluation for
quality of care of every licensed community care facility.
This bill would authorize the State Department of Social Services
to interview children who are clients of group homes at any public or
private agency at which they may be found.
Existing law authorizes the department to revoke or suspend a
license and to deny an application for a license for a community care
facility on certain grounds.
This bill would also authorize the State Department of Social
Services to take those actions on the grounds of engaging in acts of
financial malfeasance or willful or negligent failure to provide
services for the care of clients, with respect to the operation of a
community care facility.
Existing law authorizes the State Department of Social Services to
prohibit a licensed community care facility from employing or
continuing to employ, or allowing contact with clients of a licensed
facility, any person who has violated certain rules or regulations,
engaged in certain conduct, or been denied an exemption to work or be
present in a facility after having been convicted of certain crimes.
This bill would authorize the State Department of Social Services
also to prohibit any person to whom those prohibitions apply from
being a member of the board of directors, an executive director, or
an officer of a community care facility, and would revise the
procedures for implementation of the prohibition.
Existing law requires the Director of Social Services to ensure
that licensing personnel at the department have appropriate training
to carry out the requirements of law applicable to licensing
community care facilities.
This bill would revise the scope of those areas of training
required in the state development program to include providing group
home and foster family agency licensing personnel with a minimum of
24 hours of training per year to increase their understanding of
children in group homes, certified homes, and foster family homes.
Under existing law, the State Department of Social Services also
licenses residential care facilities for persons with chronic,
life-threatening illnesses, residential care facilities for the
elderly, and child day care facilities.
The bill would set forth provisions applicable to these facilities
similar to the foregoing provisions relating to fingerprint and
criminal history requirements, financial malfeasance, and removal of
directors and officers.
Since a violation of licensing provisions for those facilities
covered by the bill is a crime, imposition of the foregoing
requirements on these facilities would result in a state-mandated
local program.
Existing law provides for the placement of children who are
determined to be wards of the court in facilities outside of the
state.
This bill would specify circumstances in which the minor placed in
a facility outside of the state may be removed and returned to the
court for a review of the suitability of continued placement out of
the state.
Existing law requires counties to maintain a specified level of
children's mental health services.
This bill would require counties that receive full system of care
funding, as determined by the State Department of Mental Health, to
provide to county social services and probation departments mental
health screening, assessment, and participation in multidisciplinary
and specialty mental health treatment services for children who are
placed out of the home in group care, for those children who meet the
definition of medical necessity, to the extent resources are
available, and would require the State Department of Mental Health to
develop an estimate of the extent to which assessment and treatment
resources are available to meet the needs of children placed out of
home in group care and who are at risk of that placement. The bill
would require the State Department of Mental Health, the State
Department of Social Services, and the Judicial Council to develop a
procedure for review of treatment plans for children receiving
prescribed psychiatric medication and who are placed in out-of-home
care.
Existing law requires the State Department of Social Services to
complete a comprehensive evaluation of the Independent Living
Program, in consultation with county Independent Living Program
administrators, and to develop and implement a transitional housing
model for youth who are preparing for emancipation from foster care.
This bill would state the intent of the Legislature that the
foster care state plan be amended to ensure that all eligible
children up to the age of 21 years may be served by the Independent
Living Program.
Existing law provides for the provision of various benefits under
the CalWORKs program for children who have been placed in foster
care.
Existing law requires the department to adopt regulations
requiring the use of the standard form for program statements and the
level of care assessment instrument and process to determine the
appropriate placement in out-of-home care.
This bill would repeal that requirement, and would require the
department to issue to all county placing agencies and the courts,
current best practice guidelines for the assessment of a child and
the child's family unit. The bill would require the department to
conduct a pilot project to test the effectiveness of using best
practice standards for the assessment of children and families
receiving child welfare and foster care services.
The bill would also revise the procedures for the establishment of
a rate classification level and for an existing group home
requesting a rate classification level increase under the foster care
program and under the intensive foster care program.
Existing law provides for the reimbursement of foster care
providers through the CalWORKs program, using a combination of
federal, state, and county funds.
This bill would provide for an increase in those provider rates.
Since state funds are continuously appropriated for the reimbursement
of those providers, this bill would increase the continuous
appropriation, thereby resulting in an appropriation.
The bill would also require group home providers, as a condition
of receiving a rate under the foster care payment provisions of the
CalWORKs program, to ensure that all documents that verify the
provision of services in certain areas of child care, social work,
and mental health be contemporaneously signed by the individual
providing the services and by the group home representative
responsible for preparing the document.
The bill would require an annual financial audit of a foster
family agency or group home, and would make submission of the audit
by foster family agencies and group home programs a condition to
receiving a rate under the foster care program, except for certain
new programs.
The bill would require the State Department of Social Services to
convene and preside over a community care facilities law enforcement
task force to identify and recommend to the appropriate committees of
the Legislature specific statutory and regulatory changes to permit
efficient and effective criminal prosecution of, and to permit
efficient and effective civil recovery of public funds from
individuals associated with illegal activities surrounding public
funds paid to providers for the care of, and delivery of services to,
clients of community care facilities.
Existing law establishes procedures for the determination of the
level of care required by children placed in foster care, requires
that the level of care assessment instrument address the safety needs
of the child, and requires the State Department of Social Services
to develop a standard form for program statements for ratesetting,
community care licensing, and county placement purposes for various
types of foster care provider facilities. Existing law also requires
the State Departments of Social Services and Mental Health to report
to the Legislature on the level of care instrument by January 1,
1995.
This bill would repeal those requirements.
This bill would also require that foster children placed in
out-of-state group homes by county welfare departments or county
probation departments shall be visited at least once monthly by a
county social worker or probation officer, and would require the
state to pay 100% of the costs of those visits.
Existing law provides for various services for children and
families.
This bill would require the Office of the State Foster Care
Ombudsperson to be established in the State Department of Social
Services with prescribed powers and duties.
This bill would authorize any county to enter into performance
agreements with private, nonprofit agencies to encourage innovation
in the delivery of children's services, to develop services not
available in the community, and to promote change in the child
welfare services system. It would permit the Director of Social
Services to waive foster care regulations when necessary to implement
these county programs.
The bill would authorize the State Department of Social Services
to implement certain of its provisions through the adoption of
emergency regulations.
This bill would also require the State Department of Social
Services, under the direction of the Health and Welfare Agency and in
collaboration with specified parties, to conduct a reexamination of
the role of the foster care system and, if necessary, submit
recommendations to the Legislature.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
This bill would declare that it is to take effect immediately as an
urgency statute.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 5.5 (commencing with Section 48850) is added to
Part 27 of the Education Code, to read:
CHAPTER 5.5. EDUCATIONAL PLACEMENT OF PUPILS RESIDING IN
LICENSED CHILDREN'S INSTITUTIONS
48850. (a) Every county office of education shall make available
to agencies that place children in licensed children's institutions
information on educational options for children residing in licensed
children's institutions within the jurisdiction of the county office
of education for use by the placing agencies in assisting parents and
foster children to choose educational placements.
(b) For purposes of individuals with exceptional needs residing in
licensed children's institutions, making a copy of the annual
service plan, prepared pursuant to subdivision (g) of Section 56205,
available to those special education local plan areas that have
revised their local plans pursuant to Section 56836.03 shall meet the
requirements of subdivision (a).
48852. Every agency that places a child in a licensed children's
institution shall notify the local educational agency at the time a
pupil is placed in a licensed children's institution. As part of
that notification, the placing agency shall provide any available
information on immediate past educational placements to facilitate
prompt transfer of records and appropriate educational placement.
Nothing in this section shall be construed to prohibit prompt
educational placement prior to notification.
48854. A licensed children's institution or nonpublic,
nonsectarian school, or agency may not require as a condition of
placement that educational authority for a child, as defined in
Section 48859 be designated to that institution, school, or agency.
48856. A local educational agency shall invite at least one
noneducational agency representative that has placement
responsibility for a pupil residing in a licensed children's
institution to collaborate with the local educational agency in the
monitoring of a placement in a nonpublic, nonsectarian school or
agency.
48859. For purposes of this chapter, "educational authority"
means an entity designated to represent the interests of a child for
educational and related services.
SEC. 2. Section 49069.5 is added to the Education Code, to read:
49069.5. (a) The Legislature finds and declares that the mobility
of pupils in foster care often disrupts their educational
experience. The Legislature also finds that efficient transfer of
pupil records is a critical factor in the swift placement of foster
children in educational settings.
(b) Upon the request of a county social service or probation
department, a regional center for the developmentally disabled, or
other placing agency, a local education agency with which a pupil in
foster care has most recently been enrolled that has been informed of
the next educational placement of the pupil shall cooperate with the
county social service or probation department to ensure that the
pupil's education record is transferred to the receiving local
education agency in a timely manner.
(c) Whenever a local educational agency with which a pupil in
foster care has most recently been enrolled is informed of the next
educational placement of the pupil, that local educational agency
shall cooperate with the county social service or probation
department to ensure that educational background information for that
pupil's health and educational record, as described in Section 16010
of the Welfare and Institutions Code, is transferred to the
receiving local educational agency in a timely manner.
(d) Information provided pursuant to subdivision (c) of this
section shall include, but not be limited to the following:
(1) The location of the pupil's records.
(2) The last school and teacher of the pupil.
(3) The pupil's current grade level.
(4) Any information deemed necessary to enable enrollment at the
receiving school, to the extent allowable under state and federal
law.
(e) Notice shall be made within five working days and information
transferred within five additional working days of receipt of
information regarding the new educational placement of the pupil in
foster care.
SEC. 3. Section 56140 of the Education Code is amended to read:
56140. County offices shall do all of the following:
(a) Initiate and submit to the superintendent a countywide plan
for special education which demonstrates the coordination of all
local plans submitted pursuant to Section 56200 and which ensures
that all individuals with exceptional needs residing within the
county, including those enrolled in alternative education programs,
including, but not limited to, alternative schools, charter schools,
opportunity schools and classes, community day schools operated by
school districts, community schools operated by county offices of
education, and juvenile court schools, will have access to
appropriate special education programs and related services.
However, a county office shall not be required to submit a countywide
plan when all the districts within the county elect to submit a
single local plan.
(b) Within 45 days, approve or disapprove any proposed local plan
submitted by a district or group of districts within the county or
counties. Approval shall be based on the capacity of the district or
districts to ensure that special education programs and services are
provided to all individuals with exceptional needs.
(1) If approved, the county office shall submit the plan with
comments and recommendations to the superintendent.
(2) If disapproved, the county office shall return the plan with
comments and recommendations to the district. This district may
immediately appeal to the superintendent to overrule the county
office's disapproval. The superintendent shall make a decision on an
appeal within 30 days of receipt of the appeal.
(3) A local plan may not be implemented without approval of the
plan by the county office or a decision by the superintendent to
overrule the disapproval of the county office.
(c) Participate in the state onsite review of the district's
implementation of an approved local plan.
(d) Join with districts in the county which elect to submit a plan
or plans pursuant to subdivision (c) of Section 56195.1. Any plan
may include more than one county, and districts located in more than
one county. Nothing in this subdivision shall be construed to limit
the authority of a county office to enter into other agreements with
these districts and other districts to provide services relating to
the education of individuals with exceptional needs.
(e) For each special education local plan area located within the
jurisdiction of the county office of education that has submitted a
revised local plan pursuant to Section 56836.03, the county office
shall comply with Section 48850, as it relates to individuals with
exceptional needs, by making available to agencies that place
children in licensed children's institutions a copy of the annual
service plan adopted pursuant to subdivision (g) of Section 56205.
SEC. 4. Section 56200 of the Education Code, as amended by Chapter
89 of the Statutes of 1998, is amended to read:
56200. Each local plan submitted to the superintendent under this
part shall contain all the following:
(a) Compliance assurances, including general compliance with the
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et
seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec.
794), and this part.
(b) A description of services to be provided by each district and
county office. This description shall demonstrate that all
individuals with exceptional needs shall have access to services and
instruction appropriate to meet their needs as specified in their
individualized education programs.
(c) (1) A description of the governance and administration of the
plan, including the role of county office and district governing
board members.
(2) Multidistrict plans, submitted pursuant to subdivision (b) or
(c) of Section 56195.1, shall specify the responsibilities of each
participating county office and district governing board in the
policymaking process, the responsibilities of the superintendents of
each participating district and county in the implementation of the
plan, and the responsibilities of district and county administrators
of special education in coordinating the administration of the local
plan.
(d) Copies of joint powers agreements or contractual agreements,
as appropriate, for districts and counties that elect to enter into
those agreements pursuant to subdivision (b) or (c) of Section 56170.
(e) An annual budget plan to allocate instructional personnel
service units, support services, and transportation services directly
to entities operating those services and to allocate regionalized
services funds to the county office, responsible local agency, or
other alternative administrative structure. The annual budget plan
shall be adopted at a public hearing held by the district, special
education local plan area, or county office, as appropriate. Notice
of this hearing shall be posted in each school in the local plan area
at least 15 days prior to the hearing. The annual budget plan may
be revised during the fiscal year, and these revisions may be
submitted to the superintendent as amendments to the allocations set
forth in the plan. However, the revisions shall, prior to submission
to the superintendent, be approved according to the policymaking
process, established pursuant to paragraph (2) of subdivision (c).
(f) Verification that the plan has been reviewed by the community
advisory committee and that the committee had at least 30 days to
conduct this review prior to submission of the plan to the
superintendent.
(g) A description of the identification, referral, assessment,
instructional planning, implementation, and review in compliance with
Chapter 4 (commencing with Section 56300).
(h) A description of the process being utilized to meet the
requirements of Section 56303.
(i) A description of the process being utilized to meet the
requirements of the California Early Intervention Services Act, Title
14 (commencing with Section 95000) of the Government Code.
(j) A description of the process being utilized to oversee and
evaluate placements in nonpublic, nonsectarian schools and the method
for ensuring that all requirements of each pupil's individualized
education program are being met. This description shall include a
method for evaluating whether the pupil is making appropriate
educational progress.
SEC. 5. Section 56205 of the Education Code, as amended by Chapter
89 of the Statutes of 1998, is amended to read:
56205. Each special education local plan area shall submit a
local plan to the superintendent under this part. The local plan
shall contain all the following:
(a) Compliance assurances, including general compliance with the
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et
seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec.
794), the Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
12101 et seq.), federal regulations relating thereto, and this part.
(b) (1) A description of the governance and administration of the
plan, including identification of the governing body of a
multidistrict plan or the individual responsible for administration
in a single district plan, and a description of the elected officials
to whom the governing body or individual is responsible.
(2) A description of the regionalized operations and services
listed in Section 56836.23 and the direct instructional support
provided by program specialists in accordance with Section 56368 to
be provided through the plan.
(3) Multidistrict plans, submitted pursuant to subdivision (b) or
(c) of Section 56195.1, shall specify the responsibilities of each
participating county office and district governing board in the
policymaking process, the responsibilities of the superintendents of
each participating district and county in the implementation of the
plan, and the responsibilities of district and county administrators
of special education in coordinating the administration of the local
plan.
(4) Multidistrict plans, submitted pursuant to subdivision (b) or
(c) of Section 56195.1, shall identify the respective roles of the
administrative unit and the administrator of the special education
local plan area and the individual local education agencies within
the special education local plan area in relation to the following:
(A) The hiring, supervision, evaluation, and discipline of the
administrator of the special education local plan area and staff
employed by the administrative unit in support of the local plan.
(B) The allocation from the state of federal and state funds to
the special education local plan area administrative unit or to local
education agencies within the special education local plan area.
(C) The operation of special education programs.
(D) Monitoring the appropriate use of federal, state, and local
funds allocated for special education programs.
(E) The preparation of program and fiscal reports required of the
special education local plan area by the state.
(5) The description of the governance and administration of the
plan, and the policymaking process, shall be consistent with
subdivision (f) of Section 56001, subdivision (a) of Section 56195.3,
and Section 56195.9 and shall reflect a schedule of regular
consultations regarding policy and budget development with
representatives of special and regular teachers and administrators
selected by the groups they represent and parent members of the
community advisory committee established pursuant to Article 7
(commencing with Section 56190) of Chapter 2.
(c) A description of the method by which members of the public,
including parents or guardians of individuals with exceptional needs
who are receiving services under the plan, may address questions or
concerns to the governing body or individual identified in paragraph
(1) of subdivision (b).
(d) A description of an alternative dispute resolution process,
including mediation and final and binding arbitration to resolve
disputes over the distribution of funding, the responsibility for
service provision, and other activities specified within the plan.
Any arbitration shall be conducted by the department.
(e) Copies of joint powers agreements or contractual agreements,
as appropriate, for districts and counties that elect to enter into
those agreements pursuant to subdivision (b) or (c) of Section
56195.1.
(f) An annual budget plan that shall be adopted at a public
hearing held by the special education local plan area. Notice of
this hearing shall be posted in each school in the local plan area at
least 15 days prior to the hearing. The annual budget plan may be
revised during any fiscal year according to the policymaking process
established pursuant to paragraphs (3) and (5) of subdivision (b) and
consistent with subdivision (f) of Section 56001 and Section
56195.9. The annual budget plan shall identify expected expenditures
for all items required by this part which shall include, but not be
limited to, the following:
(1) Funds received in accordance with Chapter 7.2 (commencing with
Section 56836).
(2) Administrative costs of the plan.
(3) Special education services to pupils with severe disabilities
and low incidence disabilities.
(4) Special education services to pupils with nonsevere
disabilities.
(5) Supplemental aids and services to meet the individual needs of
pupils placed in regular education classrooms and environments.
(6) Regionalized operations and services, and direct instructional
support by program specialists in accordance with Article 6
(commencing with Section 56836.23) of Chapter 7.2.
(7) The use of property taxes allocated to the special education
local plan area pursuant to Section 2572.
(g) An annual service plan shall be adopted at a public hearing
held by the special education local plan area. Notice of this
hearing shall be posted in each school in the special education local
plan area at least 15 days prior to the hearing. The annual service
plan may be revised during any fiscal year according to the
policymaking process established pursuant to paragraphs (3) and (5)
of subdivision (b) and consistent with subdivision (f) of Section
56001 and Section 56195.9. The annual service plan shall include a
description of services to be provided by each district and county
office, including the nature of the services and the location at
which the services will be provided, including alternative schools,
charter schools, opportunity schools and classes, community day
schools operated by school districts, community schools operated by
county offices of education, and juvenile court schools regardless of
whether the district or county office of education is participating
in the local plan. This description shall demonstrate that all
individuals with exceptional needs shall have access to services and
instruction appropriate to meet their needs as specified in their
individualized education programs.
(h) Verification that the plan has been reviewed by the community
advisory committee and that the committee had at least 30 days to
conduct this review prior to submission of the plan to the
superintendent.
(i) A description of the identification, referral, assessment,
instructional planning, implementation, and review in compliance with
Chapter 4 (commencing with Section 56300).
(j) A description of the process being utilized to meet the
requirements of Section 56303.
(k) A description of the process being utilized to meet the
requirements of the California Early Intervention Services Act, Title
14 (commencing with Section 95000) of the Government Code.
(l) The local plan, budget plan, and annual service plan shall be
written in language that is understandable to the general public.
(m) A description of the process being utilized to oversee and
evaluate placements in nonpublic, nonsectarian schools and the method
of ensuring that all requirements of each pupil's individualized
education program are being met. The description shall include a
method for evaluating whether the pupil is making appropriate
educational progress.
SEC. 6. Section 56366 of the Education Code, as amended by Chapter
89 of the Statutes of 1998, is amended to read:
56366. It is the intent of the Legislature that the role of the
nonpublic, nonsectarian school or agency shall be maintained and
continued as an alternative special education service available to
districts, special education local plan areas, county offices, and
parents.
(a) The master contract for nonpublic, nonsectarian school or
agency services shall be developed in accordance with the following
provisions:
(1) The master contract shall specify the general administrative
and financial agreements between the nonpublic, nonsectarian school
or agency and the district, special education local plan area, or
county office to provide the special education and designated
instruction and services, as well as transportation specified in the
pupil's individualized education program. The administrative
provisions of the contract also shall include procedures for
recordkeeping and documentation, and the maintenance of school
records by the contracting district, special education local plan
area, or county office to ensure that appropriate high school
graduation credit is received by the pupil. The contract may allow
for partial or full-time attendance at the nonpublic, nonsectarian
school.
(2) (A) The master contract shall include an individual services
agreement for each pupil placed by a district, special education
local plan area, or county office that will be negotiated for the
length of time for which nonpublic, nonsectarian school or agency
special education and designated instruction and services are
specified in the pupil's individualized education program.
(B) The master contract shall include a description of the process
being utilized by the school district, county office of education,
or special education local plan area to oversee and evaluate
placements in nonpublic, nonsectarian schools. This description
shall include a method for evaluating whether the pupil is making
appropriate educational progress.
(3) Changes in educational instruction, services, or placement
provided under contract may only be made on the basis of revisions to
the pupil's individualized education program.
At any time during the term of the contract or individual services
agreement, the parent; nonpublic, nonsectarian school or agency; or
district, special education local plan area, or county office may
request a review of the pupil's individualized education program by
the individualized education program team. Changes in the
administrative or financial agreements of the master contract that do
not alter the individual services agreement that outlines each pupil'
s educational instruction, services, or placement may be made at any
time during the term of the contract as mutually agreed by the
nonpublic, nonsectarian school or agency and the district, special
education local plan area, or county office.
(4) The master contract or individual services agreement may be
terminated for cause. The cause shall not be the availability of a
public class initiated during the period of the contract unless the
parent agrees to the transfer of the pupil to a public school
program. To terminate the contract either party shall give 20 days'
notice.
(5) The nonpublic, nonsectarian school or agency shall provide all
services specified in the individualized education program, unless
the nonpublic, nonsectarian school or agency and the district,
special education local plan area, or county office agree otherwise
in the contract or individualized services agreement.
(6) Related services provided pursuant to a nonpublic,
nonsectarian agency master contract shall only be provided during the
period of the child's regular or extended school year program, or
both, unless otherwise specified by the pupil's individualized
education program.
(7) The nonpublic, nonsectarian school or agency shall report
attendance of pupils receiving special education and designated
instruction and services as defined by Section 46307 for purposes of
submitting a warrant for tuition to each contracting district,
special education local plan area, or county office.
(b) The master contract or individual services agreement shall not
include special education transportation provided through the use of
services or equipment owned, leased, or contracted by a district,
special education local plan area, or county office for pupils
enrolled in the nonpublic, nonsectarian school or agency unless
provided directly or subcontracted by that nonpublic, nonsectarian
school or agency.
The superintendent shall withhold 20 percent of the amount
apportioned to a school district or county office for costs related
to the provision of nonpublic, nonsectarian school or agency
placements if the superintendent finds that the local education
agency is in noncompliance with this subdivision. This amount shall
be withheld from the apportionments in the fiscal year following the
superintendent's finding of noncompliance. The superintendent shall
take other appropriate actions to prevent noncompliant practices from
occurring and report to the Legislature on those actions.
(c) (1) If the pupil is enrolled in the nonpublic, nonsectarian
school or agency with the approval of the district, special education
local plan area, or county office prior to agreement to a contract
or individual services agreement, the district, special education
local plan area, or county office shall issue a warrant, upon
submission of an attendance report and claim, for an amount equal to
the number of creditable days of attendance at the per diem tuition
rate agreed upon prior to the enrollment of the pupil. This
provision shall be allowed for 90 days during which time the contract
shall be consummated.
(2) If after 60 days the master contract or individual services
agreement has not been finalized as prescribed in paragraph (1) of
subdivision (a), either party may appeal to the county superintendent
of schools, if the county superintendent is not participating in the
local plan involved in the nonpublic, nonsectarian school or agency
contract, or the superintendent, if the county superintendent is
participating in the local plan involved in the contract, to
negotiate the contract. Within 30 days of receipt of this appeal,
the county superintendent or the superintendent, or his or her
designee, shall mediate the formulation of a contract which shall be
binding upon both parties.
(d) No master contract for special education and related services
provided by a nonpublic, nonsectarian school or agency shall be
authorized under this part unless the school or agency has been
certified as meeting those standards relating to the required special
education and specified related services and facilities for
individuals with exceptional needs. The certification shall result
in the school's or agency's receiving approval to educate pupils
under this part for a period no longer than four years from the date
of the approval.
(e) By September 30, 1998, the procedures, methods, and
regulations for the purposes of contracting for nonpublic,
nonsectarian school and agency services pursuant to this section and
for reimbursement pursuant to Sections 56836.16 and 56836.20 shall be
developed by the superintendent in consultation with statewide
organizations representing providers of special education and
designated instruction and services. The regulations shall be
established by rules and regulations issued by the board.
SEC. 7. Section 56366.8 is added to the Education Code, to read:
56366.8. The State Department of Education, as a part of its
certification process and complaint investigation process for
nonpublic, nonsectarian schools or agencies shall do all of the
following:
(a) Provide advance notice of certification reviews to the
contracting district, special education local plan area, or county
office, and to the nonpublic, nonsectarian school or agency under
certification review.
(b) Provide advance notice of complaint investigations to the
contracting district, special education local plan area, or county
office of education.
(c) Include the contracting district,
special education local plan area, or county office in certification
reviews and complaint investigations.
(d) Transmit final reports of certification reviews and complaint
investigations to districts, special education local plan areas, and
county offices, placement agencies, and educational agencies that
contract with the nonpublic, nonsectarian school or agency.
SEC. 8. The Legislature recommends that the Judicial Council adopt
appropriate rules, standards, and forms regarding the educational
placement of children who are placed in foster care that would do all
of the following:
(a) Ensure that state courts routinely indicate the party that
maintains or assumes the educational rights of a child placed in
foster care to facilitate the prompt educational placement of the
child.
(b) Ensure that, when ordering that a parent maintains educational
authority for a child who is placed in foster care, the parent and
the child are informed of both of the following:
(1) The parent's right to maintain educational authority for the
child.
(2) The parent's right to designate another person or entity to
maintain educational authority for the child.
(c) Ensure that state courts develop consistent policies regarding
authorizing agencies that place children in foster care to receive
the children's records.
SEC. 9. Section 7911 is added to the Family Code, to read:
7911. The Legislature finds and declares all of the following:
(a) The health and safety of California children placed by a
county social services agency or probation department out of state
pursuant to the provisions of the Interstate Compact on the Placement
of Children are a matter of statewide concern.
(b) The Legislature therefore affirms its intention that the State
Department of Social Services has full authority to require an
assessment and placement recommendation by a county multidisciplinary
team prior to placement of a child in an out-of-state group home, to
investigate allegations of child abuse or neglect of minors so
placed, and to ensure that minors in out-of-state group homes meet
all California group home licensing standards.
(c) This section is declaratory of existing law with respect to
the Governor's designation of the State Department of Social Services
to act as the compact administrator and of that department to act as
the single state agency charged with supervision of public social
services under Section 10600 of the Welfare and Institutions Code.
SEC. 10. Section 7911.1 is added to the Family Code, to read:
7911.1. (a) Notwithstanding any other provision of law, the State
Department of Social Services or its designee shall investigate any
threat to the health and safety of children placed by a California
county social services agency or probation department in an
out-of-state group home pursuant to the provisions of the Interstate
Compact on the Placement of Children. This authority shall include
the authority to interview children or staff in private or review
their file at the out-of-state facility or wherever the child or
files may be at the time of the investigation. Notwithstanding any
other provisions of law, the State Department of Social Services or
its designee shall require certified out-of-state group homes to
comply with the reporting requirements applicable to group homes
licensed in California pursuant to Title 22 of the California Code of
Regulations for each child in care regardless of whether he or she
is a California placement, by submitting a copy of the required
reports to the Compact Administrator within regulatory timeframes.
The Compact Administrator within one business day of receiving a
serious events report shall verbally notify the appropriate placement
agencies and within five working days of receiving a written report
from the out-of-state group home, forward a copy of the written
report to the appropriate placement agencies.
(b) Any contract, memorandum of understanding, or agreement
entered into pursuant to paragraph (b) of Article 5 of the Interstate
Compact on the Placement of Children regarding the placement of a
child out of state by a California county social services agency or
probation department shall include the language set forth in
subdivision (b).
(c) The State Department of Social Services or its designee shall
perform initial and continuing inspection of out-of-state group homes
in order to either certify that the out-of-state group home meets
all licensure standards required of group homes operated in
California or that the department has granted a waiver to a specific
licensing standard upon a finding that there exists no adverse impact
to health and safety. Any failure by an out-of-state group home
facility to make children or staff available as required by
subdivision (a) for a private interview or make files available for
review shall be grounds to deny or discontinue the certification.
The State Department of Social Services shall grant or deny an
initial certification or a waiver under this subdivision to an
out-of-state group home facility within 12 months of the effective
date of this section. Certifications made pursuant to this
subdivision shall be reviewed annually.
(d) Within six months of the effective date of this section, a
county shall be required to obtain an assessment and placement
recommendation by a county multidisciplinary team for each child in
an out-of-state group home facility. On or after March 1, 1999, a
county shall be required to obtain an assessment and placement
recommendation by a county multidisciplinary team prior to placement
of a child in an out-of-state group home facility.
(e) Any failure by an out-of-state group home to obtain or
maintain its certification as required by subdivision (c) shall
preclude the use of any public funds, whether county, state, or
federal, in the payment for the placement of any child in that
out-of-state group home, pursuant to the Interstate Compact on the
Placement of Children.
(f) A multidisciplinary team shall consist of participating
members from county social services, county mental health, county
probation, county superintendents of schools, and other members as
determined by the county.
(g) (1) The department may deny, suspend, or discontinue the
certification of the out-of-state group home if the department makes
a finding that the group home is not operating in compliance with the
requirements of subdivision (c).
(2) Any judicial proceeding to contest the department's
determination as to the status of the out-of-state group home
certificate shall be held in California pursuant to Section 1085 of
the Code of Civil Procedure.
(h) This section shall not impact placements made pursuant to
Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1
of the Government Code relating to seriously emotionally disturbed
children.
(i) Only an out-of-state group home authorized by the Compact
Administrator to receive state funds for the placement by a county
social services agency or probation department of any child in that
out-of-state group home from the effective date of this section shall
be eligible for public funds pending the department's certification
under this section.
SEC. 11. Section 7912 is added to the Family Code, to read:
7912. (a) The Legislature finds and declares that the health and
safety of children in out-of-state group home care pursuant to the
Interstate Compact on the Placement of Children is a matter of
statewide concern. The Legislature therefore affirms its intention
that children placed by a county social services agency or probation
department in out-of-state group homes be accorded the same personal
rights and safeguards of a child placed in a California group home.
This section is in clarification of existing law.
(b) The Compact Administrator may temporarily suspend any new
placements in an out-of-state group home, for a period not to exceed
100 days, pending the completion of an investigation, pursuant to
subdivision (a) of Section 7911.1, regarding a threat to the health
and safety of children in care. During any suspension period the
department or its designee shall have staff daily onsite at the
out-of-state group home.
SEC. 12. Section 1520.1 is added to the Health and Safety Code, to
read:
1520.1. In addition to Section 1520, applicants for a group home
facility license shall meet the following requirements:
(a) (1) During the first 12 months of operation, the facility
shall operate with a provisional license. After eight months of
operation, the department shall conduct a comprehensive review of the
facility for compliance with all applicable laws and regulations and
help develop a plan of correction with the provisional licensee, if
appropriate. By the end of the 12th month of operation, the
department shall determine if the permanent license should be issued.
(2) If the department determines that the group home is in
substantial compliance with licensing standards, notwithstanding
Section 1525.5, the department may extend the provisional license for
up to an additional six months for either of the following reasons:
(A) The group home requires additional time to be in full
compliance with licensing standards.
(B) After 12 months of operation, the group home is not operating
at 50 percent of its licensed capacity.
(3) By no later than the first business day of the 17th month of
operation, the department shall conduct an additional review of a
facility for which a provisional license is extended pursuant to
paragraph (2), in order to determine whether a permanent license
should be issued.
(4) The department may deny a group home license application at
any time during the term of the provisional license to protect the
health and safety of clients. If the department denies the
application, the group home shall cease operation immediately.
Continued operation of the facility after the department denies the
application or the provisional license expires shall constitute
unlicensed operation.
(5) When the department notifies a city or county planning
authority pursuant to subdivision (c) of Section 1520.5, the
department shall briefly describe the provisional licensing process
and the timelines provided for under that process, as well as provide
the name, address, and telephone number of the district office
licensing the facility where a complaint or comment about the group
home's operation may be filed.
(b) (1) After the production of the booklet provided for in
paragraph (2), every member of the group home's board of directors
shall, prior to becoming a member of the board of directors sign a
statement that the board member understands his or her legal duties
and obligations as a member of the board of directors and that the
group home's operation is governed by laws and regulations that are
enforced by the department, as set forth in the booklet. The
applicant, provisional licensee, and licensee shall have this
statement available for inspection by the department. For members of
the board of directors when the booklet is produced, the licensee
shall obtain this statement by the next scheduled meeting of the
board of directors. Compliance with this paragraph shall be a
condition of licensure.
(2) No later than May 1, 1999, the department, in cooperation with
the Department of Justice and in consultation with group home
providers, shall develop and distribute to every group home provider
detailed information designed to educate members of the group home
provider's board of directors of their roles and responsibilities as
board members of a public benefit corporation under the laws of this
state. The information shall be included in a booklet, which shall
include, but not be limited to, all of the following:
(A) The financial responsibilities of a member of the board of
directors.
(B) Disclosure requirements for self-dealing transactions.
(C) Legal requirements pertaining to articles of incorporation,
bylaws, length of board member terms, voting procedures, board
meetings, quorums, minutes of board meetings, and, as provided for in
subdivision (f), board member duties.
(D) A general overview of the laws and regulations governing the
group home's operation that are enforced by the department.
(c) All financial records submitted by a facility to the
department, or that are submitted as part of an audit of the
facility, including, but not limited to, employee timecards and
timesheets, shall be signed and dated by the employee and by the
group home representative who is responsible for ensuring the
accuracy of the information contained in the record, and shall
contain an affirmative statement that the signatories understand that
the information contained in the document is correct to the best of
their knowledge and that submission of false or misleading
information may be prosecuted as a crime.
(d) An applicant, provisional licensee, or licensee shall
maintain, submit, and sign financial documents to verify the
legitimacy and accuracy of these documents. These documents include,
but are not limited to, the group home application, any financial
documents and plans of corrections submitted to the department, and
time sheets.
(e) (1) It is the intent of the Legislature that a group home have
either representatives on its board of directors, as listed in
paragraph (2), or a community advisory board, that meets at least
annually.
(2) The representatives on the board of directors or the community
advisory board members should consist of at least the following
persons:
(A) A member of the facility's board of directors.
(B) Members of the community where the facility is located.
(C) Neighbors of the facility.
(D) Current or former clients of the facility.
(E) A representative from a local law enforcement or other city or
county representative.
(f) Each group home provider shall schedule and conduct quarterly
meetings of its board of directors. During these quarterly meetings,
the board of directors shall review and discuss licensing reports,
financial and program audit reports of its group home operations,
special incident reports, and any administrative action against the
licensee or its employees. The minutes shall reflect the board's
discussion of these documents and the group home's operation. The
licensee shall make available the minutes of group home board of
directors meetings to the department.
SEC. 13. Section 1520.11 is added to the Health and Safety Code,
to read:
1520.11. (a) A corporation that applies for licensure with the
department shall list the facilities that any member of the board of
directors, an executive director, or any officer has been licensed to
operate, been employed in, or served as a member of the board of
directors, the executive director, or an officer.
(b) The department shall not issue a provisional license or
license to any corporate applicant that has a member of the board of
directors, an executive director, or an officer, who is not eligible
for licensure pursuant to Section 1520.3 or Section 1558.1.
(c) The department may revoke the license of any corporate
licensee that has a member of the board of directors, an executive
director, or an officer, who is not eligible for licensure pursuant
to Section 1520.3 or Section 1558.1.
(d) Prior to instituting an administrative action pursuant to
either subdivision (b) or (c), the department shall notify the
applicant or licensee of the person's ineligibility to be a member of
the board of directors, an executive director, or an officer of the
applicant or licensee. The licensee shall remove the person from
that position within 15 days or, if the person has client contact, he
or she shall be removed immediately upon notification.
SEC. 14. Section 1522 of the Health and Safety Code is amended to
read:
1522. The Legislature recognizes the need to generate timely and
accurate positive fingerprint identification of applicants as a
condition of issuing licenses, permits, or certificates of approval
for persons to operate or provide direct care services in a community
care facility, foster family home, or a certified family home.
Therefore, the Legislature supports the use of the fingerprint
live-scan technology, as identified in the long-range plan of the
Department of Justice for fully automating the processing of
fingerprints and other data by the year 1999, otherwise known as the
California Crime Information Intelligence System (CAL-CII), to be
used for applicant fingerprints. It is the intent of the Legislature
in enacting this section to require the fingerprints of those
individuals whose contact with community care clients may pose a risk
to the clients' health and safety.
(a) Before issuing a license or special permit to any person or
persons to operate or manage a community care facility, the State
Department of Social Services shall secure from an appropriate law
enforcement agency a criminal record to determine whether the
applicant or any other person specified in subdivision (b) has ever
been convicted of a crime other than a minor traffic violation or
arrested for any crime specified in Section 290 of the Penal Code,
for violating Section 245 or 273.5, subdivision (b) of Section 273a
or, prior to January 1, 1994, paragraph (2) of Section 273a of the
Penal Code, or for any crime for which the department cannot grant an
exemption if the person was convicted and the person has not been
exonerated. That criminal history information shall include the full
criminal record, of any of those persons, and subsequent arrest
information pursuant to Section 11105.2 of the Penal Code. No fee
shall be charged by the Department of Justice or the State Department
of Social Services for the fingerprinting of an applicant for a
license or special permit to operate a facility providing nonmedical
board, room, and care for six or less children or for obtaining a
criminal record of the applicant pursuant to this section. The
following shall apply to the criminal record information:
(1) If the State Department of Social Services finds that the
applicant, or any other person specified in subdivision (b), has been
convicted of a crime other than a minor traffic violation, the
application shall be denied, unless the director grants an exemption
pursuant to subdivision (g).
(2) If the State Department of Social Services finds that the
applicant, or any person specified in subdivision (b) is awaiting
trial for a crime other than a minor traffic violation, the State
Department of Social Services shall cease processing the application
until the conclusion of the trial.
(3) If no criminal record information has been recorded, the
Department of Justice shall provide the applicant and the State
Department of Social Services with a statement of that fact.
(4) If the State Department of Social Services finds after
licensure that the licensee, or any other person specified in
paragraph (2) of subdivision (b), has been convicted of a crime other
than a minor traffic violation, the license may be revoked, unless
the director grants an exemption pursuant to subdivision (g).
(5) An applicant and any other person specified in subdivision (b)
shall submit a second set of fingerprints to the Department of
Justice for the purpose of searching the criminal records of the
Federal Bureau of Investigation, in addition to the criminal records
search required by this subdivision. If an applicant and persons
listed in subdivision (b) meet all other conditions for licensure,
except receipt of the Federal Bureau of Investigation's criminal
history information for the applicant and persons listed in
subdivision (b), the department may issue a license if the applicant
and each person described by subdivision (b) has signed and submitted
a statement that he or she has never been convicted of a crime in
the United States, other than a traffic infraction as defined in
paragraph (1) of subdivision (a) of Section 42001 of the Vehicle
Code. If, after licensure, the department determines that the
licensee or person specified in subdivision (b) has a criminal
record, the license may be revoked pursuant to Section 1550. The
department may also suspend the license pending an administrative
hearing pursuant to Section 1550.5.
(b) In addition to the applicant, this section shall be applicable
to criminal convictions of the following persons:
(1) Adults responsible for administration or direct supervision of
staff.
(2) Any person, other than a client, residing in the facility.
(3) Any person who provides client assistance in dressing,
grooming, bathing, or personal hygiene.
(4) (A) Any staff person, volunteer, or employee who has contact
with the clients. A volunteer shall be exempt from the requirements
of this subdivision if the volunteer is a relative of a client in
care at the facility and is not used to replace or supplement staff
in providing direct care and supervision of clients.
(B) A volunteer in an adult residential facility shall be exempt
from the requirements of this subdivision if he or she is a relative,
significant other, or close friend of a client receiving care in the
facility and the volunteer is not used to replace or supplement
staff in providing direct care and supervision of clients.
(5) Except for staff members of social rehabilitation facilities
serving minors with alcohol or drug abuse problems, staff members of
social rehabilitation facilities, other than those specified in
paragraphs (1) and (2), are exempt from fingerprinting requirements.
(6) If the applicant is a firm, partnership, association, or
corporation, the chief executive officer or other person serving in
like capacity.
(7) Additional officers of the governing body of the applicant, or
other persons with a financial interest in the applicant, as
determined necessary by the department by regulation. The criteria
used in the development of these regulations shall be based on the
person's capability to exercise substantial influence over the
operation of the facility.
(c) (1) Subsequent to initial licensure, any person specified in
subdivision (b) and not exempted from fingerprinting shall, as a
condition to employment, residence, or presence in a community care
facility, be fingerprinted and sign a declaration under penalty of
perjury regarding any prior criminal convictions. The licensee shall
submit these fingerprints to the Department of Justice, along with a
second set of fingerprints for the purpose of searching the records
of the Federal Bureau of Investigation, or to comply with paragraph
(1) of subdivision (h), prior to the person's employment, residence,
or initial presence in the community care facility. These
fingerprints shall be on a card provided by the State Department of
Social Services for the purpose of obtaining a permanent set of
fingerprints and shall be submitted to the Department of Justice by
the licensee or sent by electronic transmission in a manner approved
by the State Department of Social Services. A licensee's failure to
submit fingerprints to the Department of Justice, or to comply with
paragraph (1) of subdivision (h), as required in this section, shall
result in the citation of a deficiency and an immediate assessment of
civil penalties in the amount of one hundred dollars ($100) per
violation. The department may assess civil penalties for continued
violations as permitted by Section 1548. The fingerprints shall then
be submitted to the State Department of Social Services for
processing. Upon request of the licensee, who shall enclose a
self-addressed stamped postcard for this purpose, the Department of
Justice shall verify receipt of the fingerprints.
(2) Within 14 calendar days of the receipt of the fingerprints,
the Department of Justice shall notify the State Department of Social
Services of the criminal record information, as provided for in
subdivision (a). If no criminal record information has been
recorded, the Department of Justice shall provide the licensee and
the State Department of Social Services with a statement of that fact
within 14 calendar days of receipt of the fingerprints.
Documentation of the individual's clearance or exemption shall be
maintained by the licensee and be available for inspection. If new
fingerprints are required for processing, the Department of Justice
shall, within 14 calendar days from the date of receipt of the
fingerprints, notify the licensee that the fingerprints were
illegible. When live-scan technology is operational, as defined in
Section 1522.04, the Department of Justice shall notify the
department, as required by that section, and notify the licensee by
mail within 14 days of electronic transmission of the fingerprints to
the Department of Justice if the person has no criminal history
recorded. A violation of the regulations adopted pursuant to Section
1522.04 shall result in the citation of a deficiency and an
immediate assessment of civil penalties in the amount of one hundred
dollars ($100) per violation. The department may assess civil
penalties for continued violations as permitted by Section 1548.
(3) Except for persons specified in paragraph (2) of subdivision
(b), the licensee shall endeavor to ascertain the previous employment
history of persons required to be fingerprinted under this
subdivision. If it is determined by the State Department of Social
Services, on the basis of the fingerprints submitted to the
Department of Justice, that the person has been convicted of, or is
awaiting trial for, a sex offense against a minor, or has been
convicted for an offense specified in Section 243.4, 273a, or 273d or
subdivision (a) or (b) of Section 368 of the Penal Code, or a
felony, the State Department of Social Services shall notify the
licensee to act immediately to terminate the person's employment,
remove the person from the community care facility, or bar the person
from entering the community care facility. The State Department of
Social Services may subsequently grant an exemption pursuant to
subdivision (g). If the conviction or arrest was for another crime,
except a minor traffic violation, the licensee shall, upon
notification by the State Department of Social Services, act
immediately to either (1) terminate the person's employment, remove
the person from the community care facility, or bar the person from
entering the community care facility; or (2) seek an exemption
pursuant to subdivision (g). The State Department of Social Services
shall determine if the person shall be allowed
to remain in the facility until a decision on the
exemption is rendered. A licensee's failure to comply with the
department's prohibition of employment, contact with clients, or
presence in the facility as required by this paragraph shall be
grounds for disciplining the licensee pursuant to Section 1550.
(4) The department may issue an exemption on its own motion
pursuant to subdivision (g) if the person's criminal history
indicates that the person is of good character based on the age,
seriousness, and frequency of the conviction or convictions. The
department, in consultation with interested parties, shall develop
regulation to establish the criteria to grant an exemption pursuant
to this paragraph.
(5) Concurrently with notifying the licensee pursuant to paragraph
(3), the department shall notify the affected individual of his or
her right to seek an exemption pursuant to subdivision (g). The
individual may seek an exemption only if the licensee terminates the
person's employment or removes the person from the facility after
receiving notice from the department pursuant to paragraph (3).
(d) (1) Before issuing a license, special permit, or certificate
of approval to any person or persons to operate or manage a foster
family home or certified family home as described in Section 1506,
the State Department of Social Services or other approving authority
shall secure from an appropriate law enforcement agency a criminal
record to determine whether the applicant or any person specified in
subdivision (b) has ever been convicted of a crime other than a minor
traffic violation or arrested for any crime specified in Section 290
of the Penal Code or arrested for violating Section 245 or 273.5,
subdivision (b) of Section 273a or, prior to January 1, 1994,
paragraph (2) of Section 273a of the Penal Code, or for any crime for
which the department cannot grant an exemption if the person was
convicted and the person has not been exonerated. That criminal
history information shall include the full criminal record, if any,
of those persons. No fee shall be charged by the Department of
Justice or the State Department of Social Services for the
fingerprinting of an applicant for a license, special permit, or
certificate of approval described in this subdivision. The record,
if any, shall be taken into consideration when evaluating a
prospective applicant. The following shall apply to the criminal
record information:
(A) If the applicant or other persons specified in subdivision (b)
have convictions that would make the applicant's home unfit as a
foster family home or a certified family home, the license, special
permit, or certificate of approval shall be denied.
(B) If the State Department of Social Services finds that the
applicant, or any person specified in subdivision (b) is awaiting
trial for a crime other than a minor traffic violation, the State
Department of Social Services or other approving authority shall
cease processing the application until the conclusion of the trial.
(C) For the purposes of this subdivision, a criminal record
clearance provided under Section 8712 of the Family Code may be used
by the department or other approving agency.
(D) An applicant for a foster family home license or to be
certified as a family home, and any other person specified in
subdivision (b), shall submit a second set of fingerprints to the
Department of Justice for the purpose of searching the criminal
records of the Federal Bureau of Investigation, in addition to the
criminal records search required by subdivision (a). If an applicant
meets all other conditions for licensure, except receipt of the
Federal Bureau of Investigation's criminal history information for
the applicant and persons listed in subdivision (b), the department
may issue a license, or the foster family agency may issue a
certificate of approval, if the applicant and each person described
by subdivision (b) has signed and submitted a statement that he or
she has never been convicted of a crime in the United States, other
than a traffic infraction as defined in paragraph (1) of subdivision
(a) of Section 42001 of the Vehicle Code. If, after licensure or
certification, the department determines that the licensee, certified
foster parent, or person specified in subdivision (b) has a criminal
record, the license may be revoked pursuant to Section 1550 and the
certificate of approval revoked pursuant to subdivision (b) of
Section 1534. The department may also suspend the license pending an
administrative hearing pursuant to Section 1550.5.
(2) Any person specified in this subdivision shall, as a part of
the application, be fingerprinted and sign a declaration under
penalty of perjury regarding any prior criminal convictions or
arrests for any crime against a child, for spousal or cohabitant
abuse, or any crime for which the department cannot grant an
exemption if the person was convicted and shall submit these
fingerprints to the licensing agency or other approving authority.
(3) (A) The foster family agency shall obtain fingerprints from
certified home applicants and from persons specified in subdivision
(b) and shall submit them directly to the Department of Justice or
send them by electronic transmission in a manner approved by the
State Department of Social Services. A foster home licensee or
foster family agency shall submit these fingerprints to the
Department of Justice, along with a second set of fingerprints for
the purpose of searching the records of the Federal Bureau of
Investigation, or to comply with paragraph (1) of subdivision (h)
prior to the person's employment, residence, or initial presence. A
licensee's failure to submit fingerprints to the Department of
Justice, or to comply with paragraph (1) of subdivision (h), as
required in this section, shall result in the citation of a
deficiency, and the immediate assessment of civil penalties of one
hundred dollars ($100) per violation. The State Department of Social
Services may assess civil penalties for continued violations, as
permitted by Section 1548. The fingerprints shall then be submitted
to the State Department of Social Services for processing.
(B) Upon request of the licensee, who shall enclose a
self-addressed stamped envelop for this purpose, the Department of
Justice shall verify receipt of fingerprints. Within five working
days of the receipt of the criminal record or information regarding
criminal convictions from the Department of Justice, the department
shall notify the applicant of any criminal arrests or convictions.
If no arrests or convictions are recorded, the Department of Justice
shall provide the foster home licensee or the foster family agency
with a statement of that fact concurrent with providing the
information to the State Department of Social Services.
(4) If the State Department of Social Services finds that the
applicant, or any other person specified in subdivision (b), has been
convicted of a crime other than a minor traffic violation, the
application shall be denied, unless the director grants an exemption
pursuant to subdivision (g).
(5) If the State Department of Social Services finds after
licensure or the granting of the certificate of approval that the
licensee, certified foster parent, or any other person specified in
paragraph (2) of subdivision (b), has been convicted of a crime other
than a minor traffic violation, the license or certificate of
approval may be revoked by the department or the foster family
agency, whichever is applicable, unless the director grants an
exemption pursuant to subdivision (g). A licensee's failure to
comply with the department's prohibition of employment, contact with
clients, or presence in the facility as required by paragraph (3) of
subdivision (c) shall be grounds for disciplining the licensee
pursuant to Section 1550.
(e) The State Department of Social Services shall not use a record
of arrest to deny, revoke, or terminate any application, license,
employment, or residence unless the department investigates the
incident and secures evidence, whether or not related to the incident
of arrest, that is admissible in an administrative hearing to
establish conduct by the person that may pose a risk to the health
and safety of any person who is or may become a client. The State
Department of Social Services is authorized to obtain any arrest or
conviction records or reports from any law enforcement agency as
necessary to the performance of its duties to inspect, license, and
investigate community care facilities and individuals associated with
a community care facility.
(f) (1) For purposes of this section or any other provision of
this chapter, a conviction means a plea or verdict of guilty or a
conviction following a plea of nolo contendere. Any action which the
State Department of Social Services is permitted to take following
the establishment of a conviction may be taken when the time for
appeal has elapsed, or the judgment of conviction has been affirmed
on appeal or when an order granting probation is made suspending the
imposition of sentence, notwithstanding a subsequent order pursuant
to Sections 1203.4 and 1203.4a of the Penal Code permitting the
person to withdraw his or her plea of guilty and to enter a plea of
not guilty, or setting aside the verdict of guilty, or dismissing the
accusation, information, or indictment. For purposes of this
section or any other provision of this chapter, the record of a
conviction, or a copy thereof certified by the clerk of the court or
by a judge of the court in which the conviction occurred, shall be
conclusive evidence of the conviction. For purposes of this section
or any other provision of this chapter, the arrest disposition report
certified by the Department of Justice, or documents admissible in a
criminal action pursuant to Section 969b of the Penal Code, shall be
prima facie evidence of the conviction, notwithstanding any other
provision of law prohibiting the admission of these documents in a
civil or administrative action.
(2) For purposes of this section or any other provision of this
chapter, the department shall consider criminal convictions from
another state or federal court as if the criminal offense was
committed in this state.
(g) (1) After review of the record, the director may grant an
exemption from disqualification for a license or special permit as
specified in paragraphs (1) and (4) of subdivision (a), or for a
license, special permit, or certificate of approval as specified in
paragraphs (4) and (5) of subdivision (d), or for employment,
residence, or presence in a community care facility as specified in
paragraphs (2), (3), and (4) of subdivision (c), if the director has
substantial and convincing evidence to support a reasonable belief
that the applicant and the person convicted of the crime, if other
than the applicant, are of such good character as to justify issuance
of the license or special permit or granting an exemption for
purposes of subdivision (c). Except as otherwise provided in this
subdivision, no exemption shall be granted pursuant to this
subdivision if the conviction was for an offense specified in Section
220, 243.4, or 264.1, subdivision (a) of Section 273a or, prior to
January 1, 1994, paragraph (1) of Section 273a, Section 273d, 288, or
289, subdivision (a) of Section 290, or subdivision (a) or (b) of
Section 368 of the Penal Code, or was a conviction of another crime
against an individual specified in subdivision (c) of Section 667.5
of the Penal Code. The director may grant an exemption if the
employee or prospective employee, who was convicted of a crime
against an individual prescribed in paragraph (1), (2), (7), or (8)
of subdivision (c) of Section 667.5 of the Penal Code, has been
rehabilitated as provided in Section 4852.03 of the Penal Code, has
maintained the conduct required in Section 4852.05 of the Penal Code
for at least 10 years, and has the recommendation of the district
attorney representing the employee's county of residence, or if the
employee or prospective employee has received a certificate of
rehabilitation pursuant to Chapter 3.5 (commencing with Section
4852.01) of Title 6 of Part 3 of the Penal Code.
(2) The department shall not prohibit a person from being employed
or having contact with clients in a facility on the basis of a
denied criminal record exemption request or arrest information unless
the department complies with the requirements of Section 1558.
(h) (1) For purposes of compliance with this section, the
department may permit an individual to transfer a current criminal
records clearance, as defined in subdivision (a), from one facility
to another, as long as the criminal record clearance has been
processed through a state licensing district office, and is being
transferred to another state licensing district office. The request
shall be in writing to the department, and shall include a copy of
the person's driver's license or valid identification card issued by
the Department of Motor Vehicles, or a valid photo identification
issued by another state or the United States government if the person
is not a California resident. Upon request of the licensee, who
shall enclose a self-addressed stamped envelope for this purpose, the
department shall verify whether the individual has a clearance that
can be transferred.
(2) The State Department of Social Services shall hold criminal
record clearances in its active files for a minimum of two years
after an employee is no longer employed at a licensed facility in
order for the criminal record clearance to be transferred.
(i) The full criminal record obtained for purposes of this section
may be used by the department or by a licensed adoption agency as a
clearance required for adoption purposes.
(j) If a licensee or facility is required by law to deny
employment or to terminate employment of any employee based on
written notification from the state department that the employee has
a prior criminal conviction or is determined unsuitable for
employment under Section 1558, the licensee or facility shall not
incur civil liability or unemployment insurance liability as a result
of that denial or termination.
(k) (1) The Department of Justice shall coordinate with the State
Department of Social Services to establish and implement an automated
live-scan processing system for fingerprints in the district offices
of the Community Care Licensing Division of the State Department of
Social Services by July 1, 1999. These live-scan processing units
shall be connected to the main system at the Department of Justice by
July 1, 1999, and shall become part of that department's pilot
project in accordance with its long-range plan. The State Department
of Social Services may charge a fee for the costs of processing a
set of live-scan fingerprints.
(2) The Department of Justice shall provide a report to the Senate
and Assembly fiscal committees, the Assembly Human Services
Committee, and to the Senate Health and Human Services Committee by
April 15, 1999, regarding the completion of backlogged criminal
record clearance requests for all facilities licensed by the
department and the progress on implementing the automated live-scan
processing system in the district offices pursuant to paragraph (1).
(l) Amendments to the provisions of this section made in the 1998
calendar year shall be implemented commencing 60 days after the
effective date of the act amending this section in the 1998 calendar
year, except those provisions for the submission of fingerprints for
searching the records of the Federal Bureau of Investigation, which
shall be implemented commencing January 1, 1999.
SEC. 15. Section 1522.02 is added to the Health and Safety Code,
to read:
1522.02. The department may adopt regulations to create
substitute employee registries for persons working at more than one
facility licensed pursuant to this chapter, Chapter 3.01 (commencing
with Section 1568.01), Chapter 3.2 (commencing with Section 1569),
Chapter 3.4 (commencing with Section 1569.70), Chapter 3.5
(commencing with Section 1596.90), or Chapter 3.6 (commencing with
Section 1597.30), in order to permit these registries to submit
fingerprint cards, and child abuse index information for child care
registries so that these facilities have available cleared care
staff.
SEC. 16. Section 1522.03 of the Health and Safety Code is amended
to read:
1522.03. The Department of Justice may charge a fee sufficient to
cover its cost in providing services in accordance with Section 1522
to comply with the 14-day requirement for provision to the
department of the criminal record information, as contained in
subdivision (c) of Section 1522.
SEC. 17. Section 1522.04 of the Health and Safety Code is amended
to read:
1522.04. (a) The Legislature recognizes the need to generate
timely and accurate positive fingerprint identification of applicants
as a condition of issuing licenses, permits, or certificates of
approval for persons to operate or provide direct care services in a
community care facility, or the other residential care facility,
child day care facility, or foster family agency, licensed by the
department pursuant to this chapter, Chapter 3.01 (commencing with
Section 1568.01), Chapter 3.2 (commencing with Section 1569), Chapter
3.4 (commencing with Section 1596.70), Chapter 3.5 (commencing with
Section 1596.90), or Chapter 3.6 (commencing with Section 1597.30),
or certified family home. Therefore, the Legislature supports the
use of the fingerprint live-scan technology, as identified in the
long-range plan of the Department of Justice, for fully automating
the processing of fingerprints and other data by the year 1999,
otherwise known as the California Crime Information Intelligence
System (CAL-CII) to be used for applicant fingerprints. Therefore,
when live-scan technology is operational, individuals shall be
required to obtain either a criminal record clearance from the
Department of Justice or a criminal record exemption from the State
Department of Social Services, before their initial presence in a
community care facility. The regulations shall also cover the
submission of fingerprint information to the Federal Bureau of
Investigation.
(b) Upon implementation of an electronic fingerprinting system
with terminals located statewide and managed by the Department of
Justice, the Department of Justice shall ascertain the criminal
history information required pursuant to subdivision (a) of Section
1522.04. If the Department of Justice cannot ascertain the
information required pursuant to that subdivision within three
working days, the Department of Justice shall notify the State
Department of Social Services, or county licensing agencies, either
by telephone and by subsequent confirmation in writing by first-class
mail, or by electronic or facsimile transmission. At its
discretion, the Department of Justice may forward one copy of the
fingerprint cards to any other bureau of investigation it may deem
necessary in order to verify any record of previous arrests or
convictions of the fingerprinted individual.
(c) For purposes of this section, live-scan technology is
operational when the Department of Justice and the district offices
of the Community Care Licensing Division of the department live-scan
sites are operational and the department is receiving 95 percent of
its total responses indicating either no evidence of recorded
criminal information or evidence of recorded criminal information,
from the Department of Justice within three business days.
SEC. 18. Section 1522.1 of the Health and Safety Code is amended
to read:
1522.1. Prior to granting a license to, or otherwise approving,
any individual to care for children, the department shall check the
Child Abuse Registry pursuant to paragraph (3) of subdivision (b) of
Section 11170 of the Penal Code. The Department of Justice shall
maintain and continually update an index of reports of child abuse by
providers and shall inform the department of subsequent reports
received from the child abuse index pursuant to Section 11170 of the
Penal Code and the criminal history. The department shall
investigate any reports received from the Child Abuse Registry. The
investigation shall include, but not be limited to, the review of the
investigation report and file prepared by the child protective
agency which investigated the child abuse report. The department
shall not deny a license based upon a report from the Child Abuse
Registry unless child abuse is substantiated.
SEC. 19. Section 1522.4 of the Health and Safety Code is amended
to read:
1522.4. (a) In addition to any other requirements of this chapter
and except for foster family homes, small family homes, and
certified family homes of foster family agencies, all of the
following apply to any community care facility providing 24-hour care
for children:
(1) The facility shall have one or more facility managers.
"Facility manager," as used in this section, means a person on the
premises with the authority and responsibility necessary to manage
and control the day-to-day operation of a community care facility and
supervise the clients. The facility manager, licensee, and
administrator, or any combination thereof, may be the same person
provided he or she meets all applicable requirements. If the
administrator is also the facility manager for the same facility,
this person shall be limited to the administration and management of
only one facility.
(2) The facility manager shall have at least one year of
experience working with the client group served, or equivalent
education or experience, as determined by the department.
(3) A facility manager shall be at the facility at all times when
one or more clients are present. To ensure adequate supervision of
clients when clients are at the facility outside of their normal
schedule, a current telephone number where the facility manager can
be reached shall be provided to the clients, licensing agency,
school, and any other agency or person as the department determines
is necessary. The facility manager shall instruct these agencies and
individuals to notify him or her when clients will be returning to
the facility outside of the normal hours.
(4) The Legislature intends to upgrade the quality of care in
licensed facilities. For the purposes of Sections 1533 and 1534, the
licensed facility shall be inspected and evaluated for quality of
care at least once each year, without advance notice and as often as
necessary, without advance notice, to ensure the quality of care
being provided.
Paragraphs (1), (2), and (3) shall apply only to new facilities
licensed for six or fewer children which apply for a license after
January 1, 1985, and all other new facilities licensed for seven or
more children which apply for a license after January 1, 1988.
Existing facilities licensed for seven or more children shall comply
by January 1, 1989.
(b) No employee of the state or county employed in the
administration of this chapter or employed in a position that is in
any way concerned with facilities licensed under this chapter shall
hold a license or have a direct or indirect financial interest in a
facility described in subdivision (a).
The department, by regulation, shall make the determination
pursuant to the purposes of this section and chapter, as to what
employment is in the administration of this chapter or in any way
concerned with facilities licensed under this chapter and what
financial interest is direct or indirect.
This subdivision does not prohibit the state or county from
securing a license for, or operating, a facility that is otherwise
required to be licensed under this chapter.
(c) (1) No group home or foster family agency licensee, or
employee, member of the board of directors, or officer of a group
home or foster family agency licensee, shall offer gifts or other
remuneration of any type to any employee of the State Department of
Social Services or placement agency that exceeds the monetary limits
for gifts to employees of the State of California pursuant to Title 9
(commencing with Section 81000) of the Government Code and
regulations adopted thereunder by the Fair Political Practices
Commission.
(2) No employee of the department or a placement agency shall
accept any gift or other remuneration of any type from a group home
or foster family agency licensee or employee, member of the board of
directors, or officer of a group home or foster family agency
licensee that exceeds the monetary limits for gifts to employees of
the State of California in Title 9 (commencing with Section 81000) of
the Government Code and regulations adopted thereunder by the Fair
Political Practices Commission.
(3) Violation of this subdivision is punishable as a misdemeanor.
(4) The Legislature requests that the Judicial Council study
whether the California Code of Judicial Ethics should be amended to
further limit or bar gifts from group home facilities and foster
family agencies to judicial officers and employees of the court and
to report its findings to the Legislature by July 1, 1999.
SEC. 20. Section 1522.41 is added to the Health and Safety Code,
to read:
1522.41. (a) The director, in consultation and collaboration with
county placement officials, group home provider organizations, the
Director of Mental Health and the Director of Developmental Services,
shall develop and establish a certification program to ensure that
administrators of group home facilities have appropriate training to
provide the care and services for which a license or certificate is
issued.
(b) (1) In addition to any other requirements or qualifications
required by the department, an administrator of a group home facility
shall successfully complete a department approved certification
program pursuant to subdivision (c) prior to employment. An
administrator employed in a group home on the effective date of this
section shall meet the requirements of paragraph (2) of subdivision
(c).
(2) In those cases where the individual is both the licensee and
the administrator of a facility, the individual shall comply with all
of the licensee and administrator requirements of this section.
(3) Failure to comply with this section shall constitute cause for
revocation of the license of the facility.
(4) The licensee shall notify the department within 10 days of any
change in administrators.
(c) (1) The administrator certification programs shall require a
minimum of 40 hours of classroom instruction that provides training
on a uniform core of knowledge in each of the following areas:
(A) Laws, regulations, and policies and procedural standards that
impact the operations of the type of facility for which the applicant
will be an administrator.
(B) Business operations.
(C) Management and supervision of staff.
(D) Psychosocial and educational needs of the facility residents.
(E) Community and support services.
(F) Physical needs for facility residents.
(G) Administration, storage, misuse, and interaction of medication
used by facility residents.
(H) Resident admission, retention, and assessment procedures.
(I) Nonviolent emergency intervention and reporting requirements.
(2) The department shall adopt separate program requirements for
initial certification for persons who are employed as group home
administrators on the effective date of this section. A person
employed as an administrator of a group home facility on the
effective date of this section, shall obtain a certificate by
completing the training and testing requirements imposed by the
department within 12 months of the effective date of the regulations
implementing this section. After the effective date of this section,
these administrators shall meet the requirements imposed by the
department on all other group home administrators for certificate
renewal.
(3) Individuals applying for certification under this section
shall successfully complete an approved certification program, pass a
written test administered by the department within 60 days of
completing the program, and submit to the department the
documentation required by subdivision (d) within 30 days after being
notified of having passed the test. The department may extend these
time deadlines for good cause. The department shall notify the
applicant of his or her test results within 30 days of administering
the test.
(d) The department shall not begin the process of issuing a
certificate until receipt of all of the following:
(1) A certificate of completion of the administrator training
required pursuant to this chapter.
(2) The fee required for issuance of the certificate. A fee of
one hundred dollars ($100) shall be charged by the department to
cover the costs of processing the application for certification.
(3) Documentation from the applicant that he or she has passed the
written test.
(4) Submission of fingerprints pursuant to Section 1522. The
department may waive the submission for those persons who have a
current clearance on file.
(5) That person is at least 21 years of age.
(e) It shall be unlawful for any person not certified under this
section to hold himself or herself out as a certified administrator
of a group home facility. Any person willfully making any false
representation as being a certified administrator or facility manager
is guilty of a misdemeanor.
(f) (1) Certificates issued under this section shall be renewed
every two years and renewal shall be conditional upon the certificate
holder submitting documentation of completion of 40 classroom hours
of continuing education related to the core of knowledge specified in
subdivision (c). For purposes of this section, an individual who is
a group home facility administrator and who is required to complete
the continuing education hours required by the regulations of the
Department of Developmental Services, and approved by the regional
center, may have up to 24 of the required continuing education course
hours credited toward the 40-hour continuing education requirement
of this section. Community college course hours approved by the
regional centers shall be accepted by the department for
certification.
(2) Every administrator of a group home facility shall complete
the continuing education requirements of this subdivision.
(3) Certificates issued under this section shall expire every two
years on the anniversary date of the initial issuance of the
certificate, except that any administrator receiving his or her
initial certification on or after July 1, 1999, shall make an
irrevocable election to have his or her recertification date for any
subsequent recertification either on the date two years from the date
of issuance of the certificate or on the individual's birthday
during the second calendar year following certification. The
department shall send a renewal notice to the certificate holder 90
days prior to the expiration date of the certificate. If the
certificate is not renewed prior to its expiration date,
reinstatement shall only be permitted after the certificate holder
has paid a delinquency fee equal to three times the renewal fee and
has provided evidence of completion of the continuing education
required.
(4) To renew a certificate, the certificate holder shall, on or
before the certificate expiration date, request renewal by submitting
to the department documentation of completion of the required
continuing education courses and pay the renewal fee of one hundred
dollars ($100), irrespective of receipt of the department's
notification of the renewal. A renewal request postmarked on or
before the expiration of the certificate shall be proof of compliance
with this paragraph.
(5) A suspended or revoked certificate shall be subject to
expiration as provided for in this section. If reinstatement of the
certificate is approved by the department, the certificate holder, as
a condition precedent to reinstatement, shall submit proof of
compliance with paragraphs (1) and (2) of subdivision (f), and shall
pay a fee in an amount equal to the renewal fee, plus the delinquency
fee, if any, accrued at the time of its revocation or suspension.
Delinquency fees, if any, accrued subsequent to the time of its
revocation or suspension and prior to an order for reinstatement,
shall be waived for a period of 12 months to allow the individual
sufficient time to complete the required continuing education units
and to submit the required documentation. Individuals whose
certificates will expire within 90 days after the order for
reinstatement may be granted a three-month extension to renew their
certificates during which time the delinquency fees shall not accrue.
(6) A certificate that is not renewed within four years after its
expiration shall not be renewed, restored, reissued, or reinstated
except upon completion of a certification training program, passing
any test that may be required of an applicant for a new certificate
at that time, and paying the appropriate fees provided for in this
section.
(7) A fee of twenty-five dollars ($25) shall be charged for the
reissuance of a lost certificate.
(8) A certificate holder shall inform the department of his or her
employment status and change of mailing address within 30 days of
any change.
(g) Unless otherwise ordered by the department, the certificate
shall be considered forfeited under either of the following
conditions:
(1) The department has revoked any license held by the
administrator after the department issued the certificate.
(2) The department has issued an exclusion order against the
administrator pursuant to Sections 1558, 1568.092, 1569.58, or
1596.8897, after the department issued the certificate, and the
administrator did not appeal the exclusion order or, after the
appeal, the department issued a decision and order that upheld the
exclusion order.
(h) (1) The department, in consultation and collaboration with
county placement officials, provider organizations, the State
Department of Mental Health, and the State Department of
Developmental Services, shall establish, by regulation, the program
content, the testing instrument, the process for approving
certification training programs, and criteria to be used in
authorizing individuals, organizations, or educational institutions
to conduct certification training programs and continuing education
courses. The department may also grant continuing education hours
for continuing courses offered by accredited educational institutions
that are consistent with the requirements in this section. The
department may deny vendor approval to any agency or person in any of
the following circumstances:
(A) The applicant has not provided the department with evidence
satisfactory to the department of the ability of the applicant to
satisfy the requirements of vendorization set out in the regulations
adopted by the department pursuant to subdivision (j).
(B) The applicant person or agency has a conflict of interest in
that the person or agency places its clients in group home
facilities.
(C) The applicant public or private agency has a conflict of
interest in that the agency is mandated to place clients in group
homes and to pay directly for the services. The department may deny
vendorization to this type of agency only as long as there are other
vendor programs available to conduct the certification training
programs and conduct education courses.
(2) The department may authorize vendors to conduct the
administrator's certification training program pursuant to this
section. The department shall conduct the written test pursuant to
regulations adopted by the department.
(3) The department shall prepare and maintain an updated list of
approved training vendors.
(4) The department may inspect certification training programs and
continuing education courses to determine if content and teaching
methods comply with regulations. If the department determines that
any vendor is not complying with the requirements of this section,
the department shall take appropriate action to bring the program
into compliance, which may include removing the vendor from the
approved list.
(5) The department shall establish reasonable procedures and
timeframes not to exceed 30 days for the approval of vendor training
programs.
(6) The department may charge a reasonable fee, not to exceed one
hundred fifty dollars ($150) every two years, to certification
program vendors for review and approval of the initial 40-hour
training program pursuant to subdivision (c). The department may
also charge the vendor a fee, not to exceed one hundred dollars
($100) every two years, for the review and approval of the continuing
education courses needed for recertification pursuant to this
subdivision.
(i) The department shall establish a registry for holders of
certificates that shall include, at a minimum, information on
employment status and criminal record clearance.
(j) Subdivisions (b) to (i), inclusive, shall be implemented upon
regulations being adopted by the department, by January 1, 2000.
SEC. 21. Section 1522.42 is added to the Health and Safety Code,
to read:
1522.42. (a) The department, in consultation and collaboration
with county placement officials, provider organizations, the State
Department of Mental Health, and the State Department of
Developmental Services, shall adopt regulations that establish
standardized training and continuing education curricula for facility
managers and direct child care workers in group homes.
(b) The regulations required by subdivision (a) shall specify the
date by which new and current employees shall be required to meet the
standardized training and continuing education requirements. For
persons employed as child care staff and facility managers on the
effective date of the regulations, the department shall provide
adequate time for these persons to comply with the regulatory
requirements.
SEC. 22. Section 1522.43 is added to the Health and Safety Code,
to read:
1522.43. (a) (1) For the duties the department imposes on a group
home facility administrator in this chapter and in regulations
adopted by the department, every group home shall state in its plan
of operation, the number of hours per week that the administrator
shall spend completing those duties and how the group home
administrator shall accomplish those duties, including use of support
personnel.
(2) For initial applicants, the information in paragraph (1) shall
be contained in the plan of operation submitted to the department in
the application.
(3) For current licensees, the licensee shall submit an amended
plan of operation that contains the information required by paragraph
(1) within six months of the effective date of this section. For
changes in the group home administrator duties imposed by the
department in this chapter or in regulations, a current licensee
shall have six months after the effective date of those duties to
submit an amended plan of operation to reflect the new administrator
duties.
(b) (1) The department may review a group home's plan of operation
to determine if the plan of operation is sufficient to ensure that
the facility will operate in compliance with applicable licensing
laws and regulations. As part of the review, the department may
request that a peer review panel review the plan of operation.
(2) The peer review panel shall consist of two representatives
from the department, a qualified group home administrator, an
experienced group home provider, and a member or members from the
placement agency or agencies that place children in group homes.
(c) A group home shall develop a daily schedule of activities for
the children at the facility. The facility shall have this schedule
available for inspection by the department. The activities in which
the children are scheduled to participate shall be designed to meet
the needs of the individual child, and shall be based on that child's
needs and services plan.
SEC. 23. Section 1534 of the Health and Safety Code is amended to
read:
1534. (a) (1) (A) Every licensed community care facility shall be
periodically inspected and evaluated for quality of care by a
representative or representatives designated by the director.
Evaluations shall be conducted at least once per year and as often as
necessary to ensure the quality of care being provided.
(B) In order to facilitate direct contact with group home clients,
the department may interview children who are clients of group homes
at any public agency or private agency at which the client may be
found including, but not limited to, a juvenile hall, recreation or
vocational program, or a nonpublic school. The department shall
respect the rights of the child while conducting the interview,
including informing the child that he or she has the right not to be
interviewed and the right to have another adult present during the
interview.
(2) The department shall notify the community care facility in
writing of all deficiencies in its compliance with the provisions of
this chapter and the rules and regulations adopted pursuant to this
chapter, and shall set a reasonable length of time for compliance by
the facility.
(3) Reports on the results of each inspection, evaluation, or
consultation shall be kept on file in the department, and all
inspection reports, consultation reports, lists of deficiencies, and
plans of correction shall be open to public inspection in the county
in which the facility is located.
(b) (1) Nothing in this section shall limit the authority of the
department to inspect or evaluate a licensed foster family agency, a
certified family home, or any aspect of a program where a licensed
community care facility is certifying compliance with licensing
requirements.
(2) Upon a finding of noncompliance by the department, the
department may require a foster family agency to deny or revoke the
certificate of approval of a certified family home, or take other
action the department may deem necessary for the protection of a
child placed with the family home. The family home shall be afforded
the due process provided pursuant to this chapter.
(3) If the department requires a foster family agency to deny or
revoke the certificate of approval, the department shall serve an
order of denial or revocation upon the certified or prospective
foster parent and foster family agency that shall notify the
certified or prospective foster parent of the basis of the department'
s action and of the certified or prospective foster parent's right to
a hearing.
(4) Within 15 days after the department serves an order of denial
or revocation, the certified or prospective foster parent may file a
written appeal of the department's decision with the department. The
department's action shall be final if the certified or prospective
foster parent does not file a written appeal within 15 days after the
department serves the denial or revocation order.
(5) The department's order of the denial or revocation of the
certificate of approval shall remain in effect until the hearing is
completed and the director has made a final determination on the
merits.
(6) A certified or prospective foster parent who files a written
appeal of the department's order with the department pursuant to this
section shall, as part of the written request, provide his or her
current mailing address. The certified or prospective foster parent
shall subsequently notify the department in writing of any change in
mailing address, until the hearing process has been completed or
terminated.
(7) Hearings held pursuant to this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Division
3 of Title 2 of the Government Code. In all proceedings conducted
in accordance with this section the standard of proof shall be the
preponderance of the evidence.
(8) The department may institute or continue a disciplinary
proceeding against a certified or prospective foster parent upon any
ground provided by this section, enter an order denying or revoking
the certificate of approval, or otherwise take disciplinary action
against the certified or prospective foster parent, notwithstanding
any resignation, withdrawal of application, surrender of the
certificate of approval, or denial or revocation of the certificate
of approval by the foster family agency.
(9) A foster family agency's failure to comply with the department'
s order to deny or revoke the certificate of employment by placing or
retaining children in care shall be grounds for disciplining the
licensee pursuant to Section 1550.
SEC. 24. Section 1538 of the Health and Safety Code is amended to
read:
1538. (a) Any person may request an inspection of any community
care facility or certified family home in accordance with this
chapter by transmitting to the state department notice of an alleged
violation of applicable requirements prescribed by statutes or
regulations of this state, including, but not limited to, a denial of
access of any person authorized to enter the facility pursuant to
Section 9701 of the Welfare and Institutions Code. A complaint may
be made either orally or in writing.
(b) The substance of the complaint shall be provided to the
licensee or certified family home and foster family agency no earlier
than at the time of the inspection. Unless the complainant
specifically requests otherwise, neither the substance of the
complaint provided the licensee or certified family home and foster
family agency nor any copy of the complaint or any record published,
released, or otherwise made available to the licensee or certified
family home and foster family agency shall disclose the name of any
person mentioned in the complaint except the name of any duly
authorized officer, employee, or agent of the state department
conducting the investigation or inspection pursuant to this chapter.
(c) Upon receipt of a complaint, other than a complaint alleging
denial of a statutory right of access to a community care facility or
certified family home, the state department shall make a preliminary
review and, unless the state department determines that the
complaint is willfully intended to harass a licensee or is without
any reasonable basis, it shall make an onsite inspection of the
community care facility or certified family home within 10 days after
receiving the complaint, except where a visit would adversely affect
the licensing investigation or the investigation of other agencies.
In either event, the complainant shall be promptly informed of the
state department's proposed course of action.
If the department determines that the complaint is intended to
harass, is without a reasonable basis, or, after a site inspection,
is unfounded, then the complaint and any documents related to it
shall be marked confidential and shall not be disclosed to the
public. If the complaint investigation included a site visit, the
licensee or certified family home and foster family agency shall be
notified in writing within 30 days of the dismissal that the
complaint has been dismissed.
(d) Upon receipt of a complaint alleging denial of a statutory
right of access to a community care facility or certified family
home, the state department shall review the complaint. The
complainant shall be notified promptly of the state department's
proposed course of action.
(e) The department shall commence performance of complaint
inspections of certified family homes upon the employment of
sufficient personnel to carry out this function, and by no later than
June 30, 1999. Upon implementation, the department shall notify all
licensed foster family agencies.
SEC. 25. Section 1538.5 of the Health and Safety Code is amended
to read:
1538.5. (a) (1) Not less than 30 days prior to the anniversary
of the effective date of the license of any residential community
care facility license, except licensed foster family homes, the
department may transmit a copy to the board members of the licensed
facility, parents, legal guardians, conservators, client's rights
advocate, or placement agency, as designated in each resident's
placement agreement, of all inspection reports given to the facility
by the department during the past year as a result of a substantiated
complaint regarding a violation of this chapter relating to resident
abuse and neglect, food, sanitation, incidental medical care, and
residential supervision. During that one-year period the copy of the
notices transmitted and the proof of the transmittal shall be open
for public inspection.
(2) A group home facility shall maintain, at the facility, a copy
of all licensing reports for the past three years that would be
accessible to the public through the department, for inspection by
placement officials, current and prospective facility clients, and
these clients' family members who visit the facility.
(b) The facility operator, at the expense of the facility, shall
transmit a copy of all substantiated complaints, by certified mail,
to those persons described pursuant to paragraph (1) of subdivision
(a) in the following cases:
(1) In the case of any substantiated complaint relating to
resident physical or sexual abuse, the facility shall have three
days, from the date the facility receives the licensing report from
the state department to comply.
(2) In any case in which a facility has received three or more
substantiated complaints relating to the same violation during the
past 12 months, the facility shall have five days from the date the
facility receives the licensing report to comply.
(c) Each residential facility shall retain a copy of the notices
transmitted pursuant to subdivision (b) and proof of their
transmittal by certified mail for a period of one year after their
transmittal.
(d) If any residential facility to which this section applies
fails to comply with the provisions of this section, as determined by
the state department, the state department shall initiate civil
penalty action against the facility in accordance with the provisions
of Article 3 (commencing with Section 1530) and the related rules
and regulations.
(e) The department shall notify the residential community care
facility of its obligation when it is required to comply with this
section.
SEC. 26. Section 1548 of the Health and Safety Code is amended to
read:
1548. (a) In addition to suspension or revocation of a license
issued under this chapter, the department may levy a civil penalty in
addition to the penalties of suspension or revocation.
(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. In no event, shall a civil
penalty assessment exceed one hundred fifty dollars ($150) per day.
(c) 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.
(d) Any facility that is assessed a civil penalty pursuant to
subdivision (c) which repeats the same violation of this chapter
within 12 months of the violation subject to subdivision (c) is
subject to an immediate civil penalty of one hundred fifty dollars
($150) for each day the violation continues until the deficiency is
corrected.
(e) The department shall adopt regulations implementing this
section.
(f) As provided in Section 11466.31 of the Welfare and
Institutions Code, the department may offset civil penalties owed by
a group home against moneys to be paid by a county for the care of
minors after the group home has exhausted its appeal of the civil
penalty assessment. The department shall provide the group home a
reasonable opportunity to pay the civil penalty before instituting
the offset provision.
SEC. 27. Section 1550 of the Health and Safety Code is amended to
read:
1550. The department may deny an application for, or suspend or
revoke, any license, or any administrator certificate, issued under
this chapter upon any of the following grounds and in the manner
provided in this chapter:
(a) Violation by the licensee or holder of a special permit of
this chapter or of the rules and regulations promulgated under this
chapter.
(b) Aiding, abetting, or permitting the violation of this chapter
or of the rules and regulations promulgated under this chapter.
(c) Conduct which is inimical to the health, morals, welfare, or
safety of either an individual in, or receiving services from, the
facility or the people of the State of California.
(d) The conviction of a licensee, or other person mentioned in
Section 1522, at any time before or during licensure, of a crime as
defined in Section 1522.
(e) The licensee of any facility or
the person providing direct care or supervision knowingly allows any
child to have illegal drugs or alcohol.
(f) Engaging in acts of financial malfeasance concerning the
operation of a facility, including, but not limited to, improper use
or embezzlement of client moneys and property or fraudulent
appropriation for personal gain of facility moneys and property, or
willful or negligent failure to provide services.
SEC. 28. Section 1558 of the Health and Safety Code is amended to
read:
1558. (a) The department may prohibit any person from being a
member of the board of directors, an executive director, or an
officer of a licensee, or a licensee from employing, or continuing
the employment of, or allowing in a licensed facility, or allowing
contact with clients of a licensed facility by, any employee,
prospective employee, or person who is not a client who has:
(1) Violated, or aided or permitted the violation by any other
person of, any provisions of this chapter or of any rules or
regulations promulgated under this chapter.
(2) Engaged in conduct which is inimical to the health, morals,
welfare, or safety of either an individual in or receiving services
from the facility, or the people of the State of California.
(3) Been denied an exemption to work or to be present in a
facility, when that person has been convicted of a crime as defined
in Section 1522.
(4) Engaged in any other conduct which would constitute a basis
for disciplining a licensee.
(5) Engaged in acts of financial malfeasance concerning the
operation of a facility, including, but not limited to, improper use
or embezzlement of client moneys and property or fraudulent
appropriation for personal gain of facility moneys and property, or
willful or negligent failure to provide services.
(b) The excluded person, the facility, and the licensee shall be
given written notice of the basis of the department's action and of
the excluded person's right to an appeal. The notice shall be served
either by personal service or by registered mail. Within 15 days
after the department serves the notice, the excluded person may file
with the department a written appeal of the exclusion order. If the
excluded person fails to file a written appeal within the prescribed
time, the department's action shall be final.
(c) (1) The department may require the immediate removal of a
member of the board of directors, an executive director, or an
officer of a licensee or exclusion of an employee, prospective
employee, or person who is not a client from a facility pending a
final decision of the matter, when, in the opinion of the director,
the action is necessary to protect residents or clients from physical
or mental abuse, abandonment, or any other substantial threat to
their health or safety.
(2) If the department requires the immediate removal of a member
of the board of directors, an executive director, or an officer of a
licensee or exclusion of an employee, prospective employee, or person
who is not a client from a facility, the department shall serve an
order of immediate exclusion upon the excluded person which shall
notify the excluded person of the basis of the department's action
and of the excluded person's right to a hearing.
(3) Within 15 days after the department serves an order of
immediate exclusion, the excluded person may file a written appeal of
the exclusion with the department. The department's action shall be
final if the excluded person does not appeal the exclusion within
the prescribed time. The department shall do the following upon
receipt of a written appeal:
(A) Within 30 days of receipt of the appeal, serve an accusation
upon the excluded person.
(B) Within 60 days of receipt of a notice of defense pursuant to
Section 11506 of the Government Code by the excluded person to
conduct a hearing on the accusation.
(4) An order of immediate exclusion of the excluded person from
the facility shall remain in effect until the hearing is completed
and the director has made a final determination on the merits.
However, the order of immediate exclusion shall be deemed vacated if
the director fails to make a final determination on the merits within
60 days after the original hearing has been completed.
(d) An excluded person who files a written appeal with the
department pursuant to this section shall, as part of the written
request, provide his or her current mailing address. The excluded
person shall subsequently notify the department in writing of any
change in mailing address, until the hearing process has been
completed or terminated.
(e) Hearings held pursuant to this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Division
3 of Title 2 of the Government Code. The standard of proof shall be
the preponderance of the evidence and the burden of proof shall be
on the department.
(f) The department may institute or continue a disciplinary
proceeding against a member of the board of directors, an executive
director, or an officer of a licensee or an employee, prospective
employee, or person who is not a client upon any ground provided by
this section, or enter an order prohibiting any person from being a
member of the board of directors, an executive director, or an
officer of a licensee or the excluded person's employment or presence
in the facility or otherwise take disciplinary action against the
excluded person, notwithstanding any resignation, withdrawal of
employment application, or change of duties by the excluded person,
or any discharge, failure to hire, or reassignment of the excluded
person by the licensee or that the excluded person no longer has
contact with clients at the facility.
(g) A licensee's failure to comply with the department's
exclusion order after being notified of the order shall be grounds
for disciplining the licensee pursuant to Section 1550.
(h) (1) (A) In cases where the excluded person appealed the
exclusion order, the person shall be prohibited from working in any
facility or being licensed to operate any facility licensed by the
department or from being a certified foster parent for the remainder
of the excluded person's life, unless otherwise ordered by the
department.
(B) The excluded individual may petition for reinstatement one
year after the effective date of the decision and order of the
department upholding the exclusion order pursuant to Section 11522 of
the Government Code. The department shall provide the excluded
person with a copy of Section 11522 of the Government Code with the
decision and order.
(2) (A) In cases where the department informed the excluded person
of his or her right to appeal the exclusion order and the excluded
person did not appeal the exclusion order, the person shall be
prohibited from working in any facility or being licensed to operate
any facility licensed by the department or a certified foster parent
for the remainder of the excluded person's life, unless otherwise
ordered by the department.
(B) The excluded individual may petition for reinstatement after
one year has elapsed from the date of the notification of the
exclusion order pursuant to Section 11522 of the Government Code.
The department shall provide the excluded person with a copy of
Section 11522 of the Government Code with the exclusion order.
SEC. 29. Section 1558.1 of the Health and Safety Code is amended
to read:
1558.1. (a) (1) If the department determines that a person was
issued a license under this chapter or under Chapter 1 (commencing
with Section 1200), Chapter 2 (commencing with Section 1250), Chapter
3.01 (commencing with Section 1568.01), Chapter 3.2 (commencing with
Section 1569), Chapter 3.4 (commencing with Section 1596.70),
Chapter 3.5 (commencing with Section 1596.90), or Chapter 3.6
(commencing with Section 1597.30) and the prior license was revoked
within the preceding two years, the department shall exclude the
person from, and remove the person from the position of a member of
the board of directors, an executive director, or an officer of a
licensee of, any facility licensed by the department pursuant to the
chapter.
(2) If the department determines that a person previously was
issued a certificate of approval by a foster family agency which was
revoked by the department pursuant to subdivision (b) of Section 1534
within the preceding two years, the department shall exclude the
person from, and remove the person from the position of a member of
the board of directors, an executive director, or an officer of a
licensee of, any facility licensed by the department pursuant to this
chapter.
(b) If the department determines that the person had previously
applied for a license under any of the chapters listed in paragraph
(1) of subdivision (a) and the application was denied within the last
year, the department shall exclude the person from, and remove the
person from the position of a member of the board of directors, an
executive director, or an officer of a licensee of, any facility
licensed by the department pursuant to this chapter and as follows:
(1) In cases where the applicant petitioned for a hearing, the
department shall exclude the person from, and remove the person from
the position of a member of the board of directors, an executive
director, or an officer of a licensee of, any facility licensed by
the department pursuant to this chapter until one year has elapsed
from the effective date of the decision and order of the department
upholding a denial.
(2) In cases where the department informed the applicant of his or
her right to petition for a hearing and the applicant did not
petition for a hearing, the department shall exclude the person from,
and remove the person from the position of a member of the board of
directors, an executive director, or an officer of a licensee of, any
facility licensed by the department pursuant to this chapter until
one year has elapsed from the date of the notification of the denial
and the right to petition for a hearing.
(c) If the department determines that the person had previously
applied for a certificate of approval with a foster family agency and
the department ordered the foster family agency to deny the
application pursuant to subdivision (b) of Section 1534, the
department shall exclude the person from, and remove the person from
the position of a member of the board of directors, an executive
director, or an officer of a licensee of, any facility licensed by
the department pursuant to this chapter and as follows:
(1) In cases where the applicant petitioned for a hearing, the
department shall exclude the person from, and remove the person from
the position of a member of the board of directors, an executive
director, or an officer of a licensee of, any facility licensed by
the department pursuant to this chapter until one year has elapsed
from the effective date of the decision and order of the department
upholding a denial.
(2) In cases where the department informed the applicant of his or
her right to petition for a hearing and the applicant did not
petition for a hearing, the department shall exclude the person from,
and remove the person from the position of a member of the board of
directors, an executive director, or an officer of a licensee of, any
facility licensed by the department pursuant to this chapter until
one year has elapsed from the date of the notification of the denial
and the right to petition for a hearing.
(d) Exclusion or removal of an individual pursuant to this section
shall not be considered an order of exclusion for purposes of
Section 1558 or any other law.
(e) The department may determine not to exclude the person from,
or remove the person from the position of a member of the board of
directors, an executive director, or an officer of a licensee of, any
facility licensed by the department pursuant to this chapter if it
has determined that the reasons for the denial of the application or
revocation of the facility license or certificate of approval were
due to circumstances and conditions that either have been corrected
or are no longer in existence.
SEC. 30. Section 1563 of the Health and Safety Code is amended to
read:
1563. (a) The director shall ensure that licensing personnel at
the department have appropriate training to properly carry out this
chapter.
(b) The director shall institute a staff development and training
program to develop among departmental staff the knowledge and
understanding necessary to successfully carry out this chapter.
Specifically, the program shall do all of the following:
(1) Provide staff with 36 hours of training per year that reflects
the needs of persons served by community care facilities. This
training shall, where appropriate, include specialized instruction in
the needs of foster children, persons with mental disorders, or
developmental or physical disabilities, or other groups served by
specialized community care facilities.
(2) Give priority to applications for employment from persons with
experience as care providers to persons served by community care
facilities.
(3) Provide new staff with comprehensive training within the first
six months of employment. This comprehensive training shall, at a
minimum, include the following core areas: administrative action
process, client populations, conducting facility visits, cultural
awareness, documentation skills, facility operations, human relation
skills, interviewing techniques, investigation processes, and
regulation administration.
(c) In addition to the requirements in subdivision (b), group home
and foster family agency licensing personnel shall receive a minimum
of 24 hours of training per year to increase their understanding of
children in group homes, certified homes, and foster family homes.
The training shall cover, but not be limited to, all of the following
topics:
(1) The types and characteristics of emotionally troubled
children.
(2) The high-risk behaviors they exhibit.
(3) The biological, psychological, interpersonal, and social
contributors to these behaviors.
(4) The range of management and treatment interventions utilized
for these children, including, but not limited to, nonviolent,
emergency intervention techniques.
SEC. 31. Section 1568.042 is added to the Health and Safety Code,
to read:
1568.042. (a) A corporation that applies for licensure with the
department shall list the facilities that any member of the board of
directors, the executive director, or an officer has been licensed to
operate, been employed in, or served as a member of the board of
directors, the executive director, or an officer.
(b) The department shall not issue a provisional license or
license to any corporate applicant that has a member of the board of
directors, an executive director, or an officer who is not eligible
for licensure pursuant to subdivision (f) of Section 1568.065 and
Section 1568.093.
(c) The department may revoke the license of any corporate
licensee that has a member of the board of directors, an executive
director, or an officer who is not eligible for licensure pursuant to
subdivision (f) of Section 1568.065 and Section 1568.093.
(d) Prior to instituting an administrative action pursuant to
either subdivision (b) or (c), the department shall notify the
applicant or licensee of the person's ineligibility to be a member of
the board of directors, an executive director, or an officer of the
applicant or licensee, and shall give the applicant or licensee 15
days to remove the person from that position.
SEC. 32. Section 1568.082 of the Health and Safety Code is amended
to read:
1568.082. (a) The department may suspend or revoke any license
issued under this chapter upon any of the following grounds and in
the manner provided in this chapter:
(1) Violation by the licensee of this chapter or of the rules and
regulations adopted pursuant to this chapter.
(2) Aiding, abetting, or permitting the violation of this chapter
or of the rules and regulations adopted pursuant to this chapter.
(3) Conduct which is inimical to the health, welfare, or safety of
either an individual in or receiving services from the facility or
the people of the State of California.
(4) The provision of services beyond the level the facility is
authorized to provide, or accepting or retaining residents who
require services of a higher level than the facility is authorized to
provide.
(5) Engaging in acts of financial malfeasance concerning the
operation of a facility, including, but not limited to, improper use
or embezzlement of client moneys and property or fraudulent
appropriation for personal gain of facility moneys and property, or
willful or negligent failure to provide services.
(b) The director may temporarily suspend any license, prior to any
hearing when, in the opinion of the director, the action is
necessary to protect residents of the facility from physical or
mental abuse, abandonment, or any other substantial threat to health
or safety. The director shall notify the licensee of the temporary
suspension and the effective date of the temporary suspension, and at
the same time shall serve the provider with an accusation. Upon
receipt of a notice of defense to the accusation by the licensee, the
director shall, within 15 days, set the matter for hearing, and the
hearing shall be held as soon as possible, but not later than 30
days after receipt of the notice. The temporary suspension shall
remain in effect until the time the hearing is completed and the
director has made a final determination on the merits. However, the
temporary suspension shall be deemed vacated if the director fails to
make a final determination on the merits within 30 days after the
original hearing has been completed.
(c) In any case where the department orders the licensee to remove
a resident who has a health condition or health conditions which
cannot be cared for within the limits of the license or special
permit or requires inpatient care in a health facility licensed
pursuant to Chapter 2 (commencing with Section 1250), the licensee
shall do all of the following:
(1) Prepare and submit to the department a written plan for
relocation of the client or resident, in a form acceptable to the
department.
(2) Comply with all terms and conditions of the approved
relocation plan.
(3) Provide any other information as may be required by the
department for the proper administration and enforcement of this
section.
SEC. 33. Section 1568.09 of the Health and Safety Code is amended
to read:
1568.09. It is the intent of the Legislature in enacting this
section to require the fingerprints of those individuals whose
contact with residents of residential care facilities for persons
with a chronic, life-threatening illness may pose a risk to the
residents' health and safety.
Therefore, the Legislature supports the use of the fingerprint
live-scan technology, as identified in the long-range plan of the
Department of Justice for fully automating the processing of
fingerprints and other data by the year 1999, otherwise known as the
California Crime Information Intelligence System (CAL-CII), to be
used for applicant fingerprints. It is the intent of the
Legislature, in enacting this section, to require the fingerprints of
those individuals whose contact with community care clients may pose
a risk to the clients' health and safety.
(a) Before issuing a license to any person or persons to operate
or manage a residential care facility, the department shall secure
from an appropriate law enforcement agency a criminal record to
determine whether the applicant or any other person specified in
subdivision (b) has ever been convicted of a crime other than a minor
traffic violation or arrested for any crime specified in Section 290
of the Penal Code, for violating Section 245 or 273.5, subdivision
(b) of Section 273a or, prior to January 1, 1994, paragraph (2) of
Section 273a of the Penal Code, or for any crime for which the
department cannot grant an exemption if the person was convicted and
the person has not been exonerated. That criminal history
information shall include the full criminal record, if any, of those
persons, and subsequent arrest information pursuant to Section
11105.2 of the Penal Code. The following shall apply to the criminal
record information:
(1) If the State Department of Social Services finds that the
applicant or any other person specified in subdivision (b) has been
convicted of a crime, other than a minor traffic violation, the
application shall be denied, unless the director grants an exemption
pursuant to subdivision (f).
(2) If the State Department of Social Services finds that the
applicant, or any person specified in subdivision (b) is awaiting
trial for a crime other than a minor traffic violation, the State
Department of Social Services shall cease processing the application
until the conclusion of the trial.
(3) If no criminal record information has been recorded, the
Department of Justice shall provide the applicant and the State
Department of Social Services with a statement of that fact.
(4) If the State Department of Social Services finds after
licensure that the licensee, or any other person specified in
paragraph (2) of subdivision (b), has been convicted of a crime other
than a minor traffic violation, the license may be revoked, unless
the director grants an exemption pursuant to subdivision (f).
(5) An applicant and any other person specified in subdivision (b)
shall submit to the Department of Justice a second set of
fingerprints for the purpose of searching the records of the Federal
Bureau of Investigation, in addition to the search required by this
subdivision. If an applicant meets all other conditions for
licensure, except receipt of the Federal Bureau of Investigation's
criminal history information for the applicant and persons listed in
subdivision (b), the department may issue a license if the applicant
and each person described by subdivision (b) has signed and submitted
a statement that he or she has never been convicted of a crime in
the United States, other than a traffic infraction as defined in
paragraph (1) of subdivision (a) of Section 42001 of the Vehicle
Code. If, after licensure, the department determines that the
licensee or person specified in subdivision (b) has a criminal
record, the license may be revoked pursuant to subdivision (a) of
Section 1568.82. The department may also suspend the license pending
an administrative hearing pursuant to subdivision (b) of Section
1568.82.
(b) In addition to the applicant, the provisions of this section
shall be applicable to criminal convictions of the following persons:
(1) Adults responsible for administration or direct supervision of
staff of the facility.
(2) Any person, other than a resident, residing in the facility.
(3) Any person who provides resident assistance in dressing,
grooming, bathing, or personal hygiene.
(4) (A) Any staff person, volunteer, or employee who has contact
with the residents.
(B) A volunteer shall be exempt from the requirements of this
subdivision if he or she is a relative, significant other, or close
friend of a client receiving care in the facility and the volunteer
does not provide direct care and supervision of residents. A
volunteer who provides direct care and supervision shall be exempt if
the volunteer is a resident's spouse, significant other, close
friend, or family member and provides direct care and supervision to
that resident only at the request of the resident.
(5) If the applicant is a firm, partnership, association, or
corporation, the chief executive officer or other person serving in
that capacity.
(6) Additional officers of the governing body of the applicant, or
other persons with a financial interest in the applicant, as
determined necessary by the department by regulation. The criteria
used in the development of these regulations shall be based on the
person's capability to exercise substantial influence over the
operation of the facility.
(c) (1) (A) Subsequent to initial licensure, any person specified
in subdivision (b) and not exempted from fingerprinting shall, as a
condition to employment, residence, or presence in a residential care
facility, be fingerprinted and sign a declaration under penalty of
perjury regarding any prior criminal convictions. The licensee shall
submit these fingerprints to the Department of Justice, along with a
second set of fingerprints, for the purpose of searching the records
of the Federal Bureau of Investigation, or to comply with paragraph
(1) of subdivision (g), prior to the person's employment, residence,
or initial presence in the residential care facility.
(B) These fingerprints shall be on a card provided by the State
Department of Social Services for the purpose of obtaining a
permanent set of fingerprints and submitted to the Department of
Justice by the licensee or sent by electronic transmission in a
manner approved by the State Department of Social Services. A
licensee's failure to submit fingerprints to the Department of
Justice, or to comply with paragraph (1) of subdivision (g), as
required in this section, shall result in the citation of a
deficiency and an immediate assessment of civil penalties in the
amount of one hundred dollars ($100) per violation. The State
Department of Social Services may assess civil penalties for
continued violations as allowed in Section 1568.0822. The
fingerprints shall then be submitted to the State Department of
Social Services for processing. The licensee shall maintain and make
available for inspection documentation of the individual's clearance
or exemption.
(2) (A) Paragraph (1) shall cease to be implemented when the State
Department of Social Services adopts emergency regulations pursuant
to Section 1522.04, and shall become inoperative when those
regulations become final.
(B) A violation of the regulations adopted pursuant to Section
1522.04 shall result in the citation of a deficiency and an immediate
assessment of civil penalties in the amount of one hundred dollars
($100) per violation. The department may assess civil penalties for
continued violations as permitted by Section 1568.0822.
(3) Within 14 calendar days of the receipt of the fingerprints,
the Department of Justice shall notify the State Department of Social
Services of the criminal record information, as provided for in this
subdivision. If no criminal record information has been recorded,
the Department of
Justice shall provide the licensee and the State Department of Social
Services with a statement of that fact within 14 calendar days of
receipt of the fingerprints. If new fingerprints are required for
processing, the Department of Justice shall, within 14 calendar days
from the date of receipt of the fingerprints, notify the licensee
that the fingerprints were illegible. When live-scan technology is
operational, as defined in Section 1522.04, the Department of Justice
shall notify the department, as required by that section, and shall
notify the licensee by mail within 14 days of electronic transmission
of the fingerprints to the Department of Justice, if the person has
no criminal history record.
(4) Except for persons specified in paragraph (2) of subdivision
(b), the licensee shall endeavor to ascertain the previous employment
history of persons required to be fingerprinted under this
subdivision. If it is determined by the State Department of Social
Services, on the basis of the fingerprints submitted to the
Department of Justice, that the person has been convicted of a sex
offense against a minor, an offense specified in Section 243.4, 273a,
or 273d, subdivision (a) or (b) of Section 368 of the Penal Code, or
a felony, the department shall notify the licensee to act
immediately to terminate the person's employment, remove the person
from the residential care facility, or bar the person from entering
the residential care facility. The department may subsequently grant
an exemption pursuant to subdivision (f). If the conviction was for
another crime, except a minor traffic violation, the licensee shall,
upon notification by the department, act immediately to either (1)
terminate the person's employment, remove the person from the
residential care facility, or bar the person from entering the
residential care facility; or (2) seek an exemption pursuant to
subdivision (f). The department shall determine if the person shall
be allowed to remain in the facility until a decision on the
exemption is rendered. A licensee's failure to comply with the
department's prohibition of employment, contact with clients, or
presence in the facility as required by this paragraph shall be
grounds for disciplining the licensee pursuant to Section 1568.082.
(5) The department may issue an exemption on its own motion
pursuant to subdivision (f) if the person's criminal history
indicates that the person is of good character based on the age,
seriousness, and frequency of the conviction or convictions. The
department, in consultation with interested parties, shall develop
regulations to establish the criteria to grant an exemption pursuant
to this paragraph.
(6) Concurrently with notifying the licensee pursuant to paragraph
(4), the department shall notify the affected individual of his or
her right to seek an exemption pursuant to subdivision (f). The
individual may seek an exemption only if the licensee terminates the
person's employment or removes the person from the facility after
receiving notice from the department pursuant to paragraph (4).
(d) (1) For purposes of this section or any other provision of
this chapter, a conviction means a plea or verdict of guilty or a
conviction following a plea of nolo contendere. Any action which the
department is permitted to take following the establishment of a
conviction may be taken when the time for appeal has elapsed, or the
judgment of conviction has been affirmed on appeal or when an order
granting probation is made suspending the imposition of the sentence,
notwithstanding a subsequent order pursuant to Sections 1203.4 and
1203.4a of the Penal Code permitting that person to withdraw his or
her plea of guilty and to enter a plea of not guilty, setting aside
the verdict of guilty, or dismissing the accusation, information, or
indictment. For purposes of this chapter, the record of a
conviction, or a copy thereof certified by the clerk of the court or
by a judge of the court in which the conviction occurred, shall be
conclusive evidence of the conviction. For purposes of this section
or any other provision of this chapter, the arrest disposition report
certified by the Department of Justice, or documents admissible in a
criminal action pursuant to Section 969b of the Penal Code, shall be
prima facie evidence of the conviction, notwithstanding any other
provision of law prohibiting the admission of these documents in a
civil or administrative action.
(2) For purposes of this section or any other provision of this
chapter, the department shall consider criminal convictions from
another state or federal court as if the criminal offense was
committed in this state.
(e) The State Department of Social Services shall not use a record
of arrest to deny, revoke, or terminate any application, license,
employment, or residence unless the department investigates the
incident and secures evidence, whether or not related to the incident
of arrest, that is admissible in an administrative hearing to
establish conduct by the person that may pose a risk to the health
and safety of any person who is or may become a client. The State
Department of Social Services is authorized to obtain any arrest or
conviction records or reports from any law enforcement agency as
necessary to the performance of its duties to inspect, license, and
investigate community care facilities and individuals associated with
a community care facility.
(f) (1) After review of the record, the director may grant an
exemption from disqualification for a license as specified in
paragraphs (1) and (4) of subdivision (a), or for employment,
residence, or presence in a residential care facility as specified in
paragraphs (4), (5), and (6) of subdivision (c) if the director has
substantial and convincing evidence to support a reasonable belief
that the applicant and the person convicted of the crime, if other
than the applicant, are of such good character as to justify issuance
of the license or special permit or granting an exemption for
purposes of subdivision (c). However, no exemption shall be granted
pursuant to this subdivision if the conviction was for an offense
specified in Section 220, 243.4, or 264.1, subdivision (a) of Section
273a or, prior to January 1, 1994, paragraph (1) of Section 273a,
Section 273d, 288, or 289, subdivision (a) of Section 290, or
subdivision (a) or (b) of Section 368 of the Penal Code, or was a
conviction of another crime against an individual specified in
subdivision (c) of Section 667.5 of the Penal Code.
(2) The department shall not prohibit a person from being employed
or having contact with clients in a facility on the basis of a
denied criminal record exemption request or arrest information unless
the department complies with the requirements of Section 1568.092.
(g) (1) For purposes of compliance with this section, the
department may permit an individual to transfer a current criminal
records clearance, as defined in subdivision (a), from one facility
to another, as long as the criminal record clearance has been
processed through a state licensing district office, and is being
transferred to another state licensing district office. The request
shall be in writing to the department, and shall include a copy of
the person's driver's license or valid identification card issued by
the Department of Motor Vehicles, or a valid photo identification
issued by another state or the United States government if the person
is not a California resident. Upon request of the licensee, who
shall enclose a self-addressed stamped envelope for this purpose, the
department shall verify whether the individual has a clearance that
can be transferred.
(2) The State Department of Social Services shall hold criminal
records clearances in its active files for a minimum of two years
after an employee is no longer employed at a licensed facility in
order for the criminal records clearance to be transferred.
(h) If a licensee or facility is required by law to deny
employment or to terminate employment of any employee based on
written notification from the state department that the employee has
a prior criminal conviction or is determined unsuitable for
employment under Section 1568.092, the licensee or facility shall not
incur civil liability or unemployment insurance liability as a
result of that denial or termination.
(i) (1) The Department of Justice shall charge a fee sufficient to
cover its cost in providing services to comply with the 14-day
requirement contained in subdivision (c) for provision to the
department of criminal record information.
(2) Paragraph (1) shall cease to be implemented when the
department adopts emergency regulations pursuant to Section 1522.04,
and shall become inoperative when permanent regulations are adopted
under that section.
(j) Amendments to the provisions of this section made in the 1998
calendar year shall be implemented commencing 60 days after the
effective date of the act amending this section in the 1998 calendar
year, except those provisions for the submission of fingerprints for
searching the records of the Federal Bureau of Investigation, which
shall be implemented commencing January 1, 1999.
SEC. 34. Section 1568.092 of the Health and Safety Code is amended
to read:
1568.092. (a) The department may prohibit any person from being a
member of the board of directors, an executive director, or an
officer of a licensee or a licensee from employing, or continuing the
employment of, or allowing in a licensed facility, or allowing
contact with clients of a licensed facility by, any employee,
prospective employee, or person who is not a client who has:
(1) Violated, aided, or permitted the violation by any other
person of this chapter or of any rules or regulations adopted under
this chapter.
(2) Engaged in conduct which is inimical to the health, welfare,
or safety of either an individual, in or receiving services from the
facility, or the people of the State of California.
(3) Been denied an exemption to work or to be present in a
facility, when that person has been convicted of a crime as defined
in Section 1568.09.
(4) Engaged in any other conduct which would constitute a basis
for disciplining a licensee.
(5) Engaging in acts of financial malfeasance concerning the
operation of a facility, including, but not limited to, improper use
or embezzlement of client moneys and property or fraudulent
appropriation for personal gain of facility moneys and property, or
willful or negligent failure to provide services.
(b) The excluded person, the facility, and the licensee shall be
given written notice of the basis of the action of the department and
of the right to an appeal of the excluded person. The notice shall
be served either by personal service or by registered mail. Within
15 days after the department serves the notice, the excluded person
may file with the department a written appeal of the exclusion order.
If the excluded person fails to file a written appeal within the
prescribed time, the action of the department shall be final.
(c) (1) The department may require the immediate removal of an
executive director, a board member, or an officer of a licensee or
exclusion of an employee, prospective employee, or person who is not
a client from a facility pending a final decision of the matter when,
in the opinion of the director, the action is necessary to protect
residents or clients from physical or mental abuse, abandonment, or
any other substantial threat to their health or safety.
(2) If the department requires the immediate removal of a member
of the board of directors, an executive director, or an officer of a
licensee or exclusion of an employee, prospective employee, or person
who is not a client from a facility, the department shall serve an
order of immediate exclusion upon the excluded person which shall
notify the excluded person of the basis of the department's action
and of the excluded person's right to a hearing.
(3) Within 15 days after the department serves an order of
immediate exclusion, the excluded person may file a written appeal
of the exclusion with the department. The department's action shall
be final if the excluded person does not appeal the exclusion within
the prescribed time. The department shall do the following upon
receipt of a written appeal:
(A) Within 30 days of receipt of the appeal, serve an accusation
upon the excluded person.
(B) Within 60 days of receipt of a notice of defense by the
excluded person pursuant to Section 11506 of the Government Code,
conduct a hearing on the accusation.
(4) An order of immediate exclusion of the excluded person from
the facility shall remain in effect until the hearing is completed
and the director has made a final determination on the merits.
However, the order of immediate exclusion shall be deemed vacated if
the director fails to make a final determination on the merits within
60 days after the original hearing has been completed.
(d) An excluded person who files a written appeal of the
exclusion order with the department pursuant to this section shall,
as part of the written request, provide his or her current mailing
address. The excluded person shall subsequently notify the
department in writing of any change in mailing address, until the
hearing process has been completed or terminated.
(e) Hearings held pursuant to this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Division
3 of Title 2 of the Government Code. The standard of proof shall be
the preponderance of the evidence and the burden of proof shall be
on the department.
(f) The department may institute or continue a disciplinary
proceeding against a member of the board of directors, an executive
director, or an officer of a licensee or an employee, prospective
employee, or person who is not a client upon any ground provided by
this section, or enter an order prohibiting any person from being a
member of the board of directors, an executive director, or an
officer of a licensee or the excluded person's employment or presence
in the facility or otherwise take disciplinary action against the
excluded person, notwithstanding any resignation, withdrawal of
employment application or change of duties by the excluded person, or
any discharge, failure to hire or reassignment of the excluded
person by the licensee or that the excluded person no longer has
contact with clients at the facility.
(g) A licensee's failure to comply with the department's
exclusion order after being notified of the order shall be grounds
for disciplining the licensee pursuant to Section 1568.082.
(h) (1) (A) In cases where the excluded person appealed the
exclusion order and there is a decision and order of the department
upholding the exclusion order, the person shall be prohibited from
working in any facility or being licensed to operate any facility
licensed by the department or from being a certified foster parent
for the remainder of the excluded person's life, unless otherwise
ordered by the department.
(B) The excluded individual may petition for reinstatement one
year after the effective date of the decision and order of the
department upholding the exclusion order pursuant to Section 11522 of
the Government Code. The department shall provide the excluded
person with a copy of Section 11522 of the Government Code with the
decision and order.
(2) (A) In cases where the department informed the excluded person
of his or her right to appeal the exclusion order and the excluded
person did not appeal the exclusion order, the person shall be
prohibited from working in any facility or being licensed to operate
any facility licensed by the department or a certified foster parent
for the remainder of the excluded person's life, unless otherwise
ordered by the department.
(B) The excluded individual may petition for reinstatement after
one year has elapsed from the date of the notification of the
exclusion order pursuant to Section 11522 of the Government Code.
The department shall provide the excluded person with a copy of
Section 11522 of the Government Code with the exclusion order.
SEC. 35. Section 1568.093 of the Health and Safety Code is amended
to read:
1568.093. (a) (1) If the department determines that a person was
issued a license under this chapter or under Chapter 1 (commencing
with Section 1200), Chapter 2 (commencing with Section 1250), Chapter
3.01 (commencing with Section 1568.01), Chapter 3.2 (commencing with
Section 1569), Chapter 3.4 (commencing with Section 1596.70),
Chapter 3.5 (commencing with Section 1596.90), or Chapter 3.6
(commencing with Section 1597.30) and the prior license was revoked
within the preceding two years, the department shall exclude the
person from, and remove him or her as, a member of the board of
directors, an executive director, or an officer of a licensee of, any
facility licensed by the department pursuant to the chapter.
(2) If the department determines that a person previously was
issued a certificate of approval by a foster family agency which was
revoked by the department pursuant to subdivision (b) of Section 1534
within the preceding two years, the department shall exclude the
person from, and remove him or her as, a member of the board of
directors, an executive director, or an officer of a licensee of, any
facility licensed by the department pursuant to this chapter.
(b) If the department determines that the person had previously
applied for a license under any of the chapters listed in paragraph
(1) of subdivision (a) and the application was denied within the last
year, the department shall exclude the person from, and remove him
or her as, a member of the board of directors, an executive director,
or an officer of a licensee of, any facility licensed by the
department pursuant to this chapter and as follows:
(1) In cases where the applicant petitioned for a hearing, the
department shall exclude the person from, and remove him or her as, a
member of the board of directors, an executive director, or an
officer of a licensee of, any facility licensed by the department
pursuant to this chapter until one year has elapsed from the
effective date of the decision and order of the department upholding
a denial.
(2) In cases where the department informed the applicant of his or
her right to petition for a hearing and the applicant did not
petition for a hearing, the department shall exclude the person from,
and remove him or her as, a member of the board of directors, an
executive director, or an officer of a licensee of, any facility
licensed by the department pursuant to this chapter until one year
has elapsed from the date of the notification of the denial and the
right to petition for a hearing.
(c) If the department determines that the person had previously
applied for a certificate of approval with a foster family agency and
the department ordered the foster family agency to deny the
application pursuant to subdivision (b) of Section 1534, the
department shall exclude the person from, and remove him or her as, a
member of the board of directors, an executive director, or an
officer of a licensee of, any facility licensed by the department
pursuant to this chapter and as follows:
(1) In cases where the applicant petitioned for a hearing, the
department shall exclude the person from, and remove him or her as, a
member of the board of directors, an executive director, or an
officer of a licensee of, any facility licensed by the department
pursuant to this chapter until one year has elapsed from the
effective date of the decision and order of the department upholding
a denial.
(2) In cases where the department informed the applicant of his or
her right to petition for a hearing and the applicant did not
petition for a hearing, the department shall exclude the person from,
and remove him or her as, a member of the board of directors, an
executive director, or an officer of a licensee of, any facility
licensed by the department pursuant to this chapter until one year
has elapsed from the date of the notification of the denial and the
right to petition for a hearing.
(d) Exclusion or removal of an individual pursuant to this section
shall not be considered an order of exclusion for purposes of
Section 1568.092 or any other law.
(e) The department may determine not to exclude the person from,
and remove from being a member of the board of directors, an
executive director, or officer of a licensee of, any facility
licensed by the department pursuant to this chapter if it has
determined that the reasons for the denial of the application or
revocation of the facility license or certificate of approval were
due to circumstances and conditions that either have been corrected
or are no longer in existence.
SEC. 36. Section 1569.1515 is added to the Health and Safety Code,
to read:
1569.1515. (a) A corporation that applies for licensure with the
department shall list the facilities that any member of the board of
directors, the executive director, or an officer has been licensed to
operate, been employed in, or served as a member of the board of
directors, the executive director, or an officer.
(b) The department shall not issue a provisional license or
license to any corporate applicant that has a member of the board of
directors, the executive director, or an officer who is not eligible
for licensure pursuant to Sections 1569.16 and 1569.59.
(c) The department may revoke the license of any corporate
licensee that has a member of the board of directors, the executive
director, or an officer who is not eligible for licensure pursuant to
Sections 1569.16 and 1569.59.
(d) Prior to instituting an administrative action pursuant to
either subdivision (b) or (c), the department shall notify the
applicant or licensee of the person's ineligibility to be a member of
the board of directors, an executive director, or an officer of the
applicant or licensee, and shall give the applicant or licensee 15
days to remove the person from that position.
SEC. 37. Section 1569.17 of the Health and Safety Code is amended
to read:
1569.17. The Legislature recognizes the need to generate timely
and accurate positive fingerprint identification of applicants as a
condition of issuing licenses, permits, or certificates of approval
for persons to operate or provide direct care services in a
residential care facility for the elderly. The Legislature supports
the use of the fingerprint live-scan technology, as identified in the
long-range plan of the Department of Justice for fully automating
the processing of fingerprints and other data by the year 1999. It
is the intent of the Legislature in enacting this section to require
the fingerprints of those individuals whose contact with clients of
residential care facilities for the elderly may pose a risk to the
clients' health and safety.
(a) Before issuing a license to any person or persons to operate
or manage a residential care facility for the elderly, the department
shall secure from an appropriate law enforcement agency a criminal
record to determine whether the applicant or any other person
specified in subdivision (b) has ever been convicted of a crime other
than a minor traffic violation or arrested for any crime specified
in Section 290 of the Penal Code, for violating Section 245 or 273.5,
subdivision (b) of Section 273a or, prior to January 1, 1994,
paragraph (2) of Section 273a of the Penal Code, or for any crime for
which the department cannot grant an exemption if the person was
convicted and the person has been exonerated. That criminal history
information shall include the full criminal record, if any, of those
persons, and subsequent arrest information pursuant to Section
11105.2 of the Penal Code. The following shall apply to the criminal
record information:
(1) If the State Department of Social Services finds that the
applicant or any other person specified in subdivision (b) has been
convicted of a crime, other than a minor traffic violation, the
application shall be denied, unless the director grants an exemption
pursuant to subdivision (f).
(2) If the State Department of Social Services finds that the
applicant, or any person specified in subdivision (b) is awaiting
trial for a crime other than a minor traffic violation, the State
Department of Social Services shall cease processing the application
until the conclusion of the trial.
(3) If no criminal record information has been recorded, the
Department of Justice shall provide the applicant and the State
Department of Social Services with a statement of that fact.
(4) If the State Department of Social Services finds after
licensure that the licensee, or any other person specified in
paragraph (2) of subdivision (b), has been convicted of a crime other
than a minor traffic violation, the license may be revoked, unless
the director grants an exemption pursuant to subdivision (f).
(5) An applicant and any person specified in subdivision (b) shall
submit a second set of fingerprints to the Department of Justice,
for the purpose of searching the records of the Federal Bureau of
Investigation, in addition to the search required by subdivision (a).
If an applicant meets all other conditions for licensure, except
receipt of the Federal Bureau of Investigation's criminal history
information for the applicant and persons listed in subdivision (b),
the department may issue a license if the applicant and each person
described by subdivision (b) has signed and submitted a statement
that he or she has never been convicted of a crime in the United
States, other than a traffic infraction as defined in paragraph (1)
of subdivision (a) of Section 42001 of the Vehicle Code. If, after
licensure, the department determines that the licensee or person
specified in subdivision (b) has a criminal record, the license may
be revoked pursuant to Section 1569.50. The department may also
suspend the license pending an administrative hearing pursuant to
Sections 1569.50 and 1569.51.
(b) In addition to the applicant, the provisions of this section
shall be applicable to criminal convictions of the following persons:
(1) Adults responsible for administration or direct supervision of
staff.
(2) Any person, other than a client, residing in the facility.
(3) Any person who provides client assistance in dressing,
grooming, bathing, or personal hygiene.
(4) (A) Any staff person, volunteer, or employee who has frequent
and routine contact with the clients.
(B) A volunteer
shall be exempt from the requirements of this subdivision if he or
she is a relative, significant other, or close friend of a client
receiving care in the facility and the volunteer is not used to
replace or supplement staff in providing direct care and supervision
of clients.
(5) If the applicant is a firm, partnership, association, or
corporation, the chief executive officer or other person serving in
like capacity.
(6) Additional officers of the governing body of the applicant, or
other persons with a financial interest in the applicant, as
determined necessary by the department by regulation. The criteria
used in the development of these regulations shall be based on the
person's capability to exercise substantial influence over the
operation of the facility.
(c) (1) (A) Subsequent to initial licensure, any person specified
in subdivision (b) and not exempted from fingerprinting shall, as a
condition to employment, residence, or presence in a residential
facility for the elderly, be fingerprinted and sign a declaration
under penalty of perjury regarding any prior criminal convictions.
The licensee shall submit these fingerprints, along with a second set
of fingerprints for the purpose of searching the records of the
Federal Bureau of Investigation, to the Department of Justice, or to
comply with paragraph (1) of subdivision (g) prior to the person's
employment, residence, or initial presence in the residential care
facility for the elderly.
(B) These fingerprints shall be on a card provided by the State
Department of Social Services for the purpose of obtaining a
permanent set of fingerprints and submitted to the Department of
Justice by the licensee or sent by electronic transmission in a
manner approved by the State Department of Social Services. A
licensee's failure to submit fingerprints to the Department of
Justice, or to comply with paragraph (1) of subdivision (g), as
required in this section, shall result in the citation of a
deficiency and an immediate assessment of civil penalties in the
amount of one hundred dollars ($100) per violation. The State
Department of Social Services may assess civil penalties for
continued violations as permitted by Section 1569.49. The
fingerprints shall then be submitted to the State Department of
Social Services for processing. Documentation of the individual's
clearance or exemption shall be maintained by the licensee and be
available for inspection. When live-scan technology is operational,
as defined in Section 1522.04, the Department of Justice shall notify
the department, as required by that section, and notify the licensee
by mail within 14 days of electronic transmission of the
fingerprints to the Department of Justice, if the person has no
criminal record. A violation of the regulations adopted pursuant to
Section 1522.04 shall result in the citation of a deficiency and an
immediate assessment of civil penalties in the amount of one hundred
dollars ($100) per violation. The department may assess civil
penalties for continued violations as permitted by Section 1569.49.
(2) Within 14 calendar days of the receipt of the fingerprints,
the Department of Justice shall notify the State Department of Social
Services of the criminal record information, as provided for in this
subdivision. If no criminal record information has been recorded,
the Department of Justice shall provide the licensee and the State
Department of Social Services with a statement of that fact within
14 calendar days of receipt of the fingerprints. If new fingerprints
are required for processing, the Department of Justice shall, within
14 calendar days from the date of receipt of the fingerprints,
notify the licensee that the fingerprints were illegible.
(3) Except for persons specified in paragraph (2) of subdivision
(b), the licensee shall endeavor to ascertain the previous employment
history of persons required to be fingerprinted under this
subdivision. If it is determined by the State Department of Social
Services, on the basis of the fingerprints submitted to the
Department of Justice, that the person has been convicted of a sex
offense against a minor, an offense specified in Section 243.4, 273a,
or 273d, subdivision (a) or (b) of Section 368 of the Penal Code, or
a felony, the State Department of Social Services shall notify the
licensee in writing within 15 calendar days of the receipt of the
notification from the Department of Justice to act immediately to
terminate the person's employment, remove the person from the
residential care facility for the elderly, or bar the person from
entering the residential care facility for the elderly. The State
Department of Social Services may subsequently grant an exemption
pursuant to subdivision (f). If the conviction was for another
crime, except a minor traffic violation, the licensee shall, upon
notification by the State Department of Social Services, act
immediately to either (1) terminate the person's employment, remove
the person from the residential care facility for the elderly, or bar
the person from entering the residential care facility for the
elderly; or (2) seek an exemption pursuant to subdivision (f). The
department shall determine if the person shall be allowed to remain
in the facility until a decision on the exemption is rendered by the
department. A licensee's failure to comply with the department's
prohibition of employment, contact with clients, or presence in the
facility as required by this paragraph shall be grounds for
disciplining the licensee pursuant to Section 1569.50.
(4) The department may issue an exemption on its own motion
pursuant to subdivision (f) if the person's criminal history
indicates that the person is of good character based on the age,
seriousness, and frequency of the conviction or convictions. The
department, in consultation with interested parties, shall develop
regulations to establish the criteria to grant an exemption pursuant
to this paragraph.
(5) Concurrently with notifying the licensee pursuant to paragraph
(4), the department shall notify the affected individual of his or
her right to seek an exemption pursuant to subdivision (f). The
individual may seek an exemption only if the licensee terminates the
person's employment or removes the person from the facility after
receiving notice from the department pursuant to paragraph (4).
(d) (1) For purposes of this section or any other provision of
this chapter, a conviction means a plea or verdict of guilty or a
conviction following a plea of nolo contendere. Any action that the
department is permitted to take following the establishment of a
conviction may be taken when the time for appeal has elapsed, or the
judgment of conviction has been affirmed on appeal or when an order
granting probation is made suspending the imposition of the sentence,
notwithstanding a subsequent order pursuant to the provisions of
Sections 1203.4 and 1203.4a of the Penal Code permitting a person to
withdraw his or her plea of guilty and to enter a plea of not guilty,
or setting aside the verdict of guilty, or dismissing the
accusation, information, or indictment. For purposes of this section
or any other provision of this chapter, the record of a conviction,
or a copy thereof certified by the clerk of the court or by a judge
of the court in which the conviction occurred, shall be conclusive
evidence of the conviction. For purposes of this section or any
other provision of this chapter, the arrest disposition report
certified by the Department of Justice or documents admissible in a
criminal action pursuant to Section 969b of the Penal Code shall be
prima facie evidence of the conviction, notwithstanding any other
provision of law prohibiting the admission of these documents in a
civil or administrative action.
(2) For purposes of this section or any other provision of this
chapter, the department shall consider criminal convictions from
another state or federal court as if the criminal offense was
committed in this state.
(e) The State Department of Social Services shall not use a record
of arrest to deny, revoke, or terminate any application, license,
employment, or residence unless the department investigates the
incident and secures evidence, whether or not related to the incident
of arrest, that is admissible in an administrative hearing to
establish conduct by the person that may pose a risk to the health
and safety of any person who is or may become a client. The State
Department of Social Services is authorized to obtain any arrest or
conviction records or reports from any law enforcement agency as
necessary to the performance of its duties to inspect, license, and
investigate community care facilities and individuals associated with
a community care facility.
(f) (1) After review of the record, the director may grant an
exemption from disqualification for a license as specified in
paragraphs (1) and (4) of subdivision (a), or for employment,
residence, or presence in a residential care facility for the elderly
as specified in paragraphs (4), (5), and (6) of subdivision (c) if
the director has substantial and convincing evidence to support a
reasonable belief that the applicant and the person convicted of the
crime, if other than the applicant, are of such good character as to
justify issuance of the license or special permit or granting an
exemption for purposes of subdivision (c). However, no exemption
shall be granted pursuant to this subdivision if the conviction was
for an offense specified in Section 220, 243.4, or 264.1, subdivision
(a) of Section 273a or, prior to January 1, 1994, paragraph (1) of
Section 273a, Section 273d, 288, or 289, subdivision (a) of Section
290, or subdivision (a) or (b) of Section 368 of the Penal Code, or
was a conviction of another crime against an individual specified in
subdivision (c) of Section 667.5 of the Penal Code. The director
shall notify in writing the licensee or the applicant of his or her
decision within 60 days of receipt of all information from the
applicant and other sources determined necessary by the director for
the rendering of a decision pursuant to this subdivision.
(2) The department shall not prohibit a person from being employed
or having contact with clients in a facility on the basis of a
denied criminal record exemption request or arrest information unless
the department complies with the requirements of Section 1569.58.
(g) (1) For purposes of compliance with this section, the
department may permit an individual to transfer a current criminal
records clearance, as defined in subdivision (a), from one facility
to another, as long as the criminal record clearance has been
processed through a state licensing district office, and is being
transferred to another state licensing district office. The request
shall be submitted, in writing to the department, and shall include a
copy of the person's driver's license or valid identification card
issued by the Department of Motor Vehicles, or a valid photo
identification issued by another state or the United States
government if the person is not a California resident. Upon request
of the licensee, who shall enclose a self-addressed stamped envelope
for this purpose, the department shall verify whether the individual
has a clearance that can be transferred.
(2) The State Department of Social Services shall hold criminal
records clearances in its active files for a minimum of two years
after an employee is no longer employed at a licensed facility in
order for the criminal records clearances to be transferred under
this section.
(h) If a licensee or facility is required by law to deny
employment or to terminate employment of any employee based on
written notification from the state department that the employee has
a prior criminal conviction or is determined unsuitable for
employment under Section 1569.58, the licensee or facility shall not
incur civil liability or unemployment insurance liability as a result
of that denial or termination.
(i) Amendments to the provisions of this section made in the 1998
calendar year shall be implemented commencing 60 days after the
effective date of the act amending this section in the 1998 calendar
year, except those provisions for the submission of fingerprints for
searching the records of the Federal Bureau of Investigation, which
shall be implemented commencing January 1, 1999.
SEC. 38. Section 1569.172 of the Health and Safety Code is amended
to read:
1569.172. The Department of Justice may charge a fee sufficient
to cover its cost in providing services in accordance with Section
1569.17 to comply with the 14-day requirement for provision to the
department of the criminal record information, as contained in
subdivision (c) of Section 1569.17.
SEC. 39. Section 1569.50 of the Health and Safety Code is amended
to read:
1569.50. The department may deny an application for a license or
may suspend or revoke any license issued under this chapter upon any
of the following grounds and in the manner provided in this chapter:
(a) Violation by the licensee of this chapter or of the rules and
regulations adopted under this chapter.
(b) Aiding, abetting, or permitting the violation of this chapter
or of the rules and regulations adopted under this chapter.
(c) Conduct which is inimical to the health, morals, welfare, or
safety of either an individual in or receiving services from the
facility or the people of the State of California.
(d) The conviction of a licensee, or other person mentioned in
Section 1569.17 at any time before or during licensure, of a crime as
defined in Section 1569.17.
(e) Engaging in acts of financial malfeasance concerning the
operation of a facility, including, but not limited to, improper use
or embezzlement of client moneys and property or fraudulent
appropriation for personal gain of facility moneys and property, or
willful or negligent failure to provide services for the care of
clients.
The director may temporarily suspend any license, prior to any
hearing when, in the opinion of the director, the action is necessary
to protect residents or clients of the facility from physical or
mental abuse, abandonment, or any other substantial threat to health
or safety. The director shall notify the licensee of the temporary
suspension and the effective date of the temporary suspension and at
the same time shall serve the provider with an accusation. Upon
receipt of a notice of defense to the accusation by the licensee, the
director shall, within 15 days, set the matter for hearing, and the
hearing shall be held as soon as possible but not later than 30 days
after receipt of the notice. The temporary suspension shall remain
in effect until the time the hearing is completed and the director
has made a final determination on the merits. However, the temporary
suspension shall be deemed vacated if the director fails to make a
final determination on the merits within 30 days after the original
hearing has been completed.
SEC. 40. Section 1569.58 of the Health and Safety Code is amended
to read:
1569.58. (a) The department may prohibit any person from being a
member of the board of directors, an executive director, a board
member, or an officer of a licensee, or a licensee from employing, or
continuing the employment of, or allowing in a licensed facility, or
allowing contact with clients of a licensed facility by, any
employee, prospective employee, or person who is not a client who
has:
(1) Violated, or aided or permitted the violation by any other
person of, any provisions of this chapter or of any rules or
regulations promulgated under this chapter.
(2) Engaged in conduct which is inimical to the health, morals,
welfare, or safety of either an individual in or receiving services
from the facility, or the people of the State of California.
(3) Been denied an exemption to work or to be present in a
facility, when that person has been convicted of a crime as defined
in Section 1569.17.
(4) Engaged in any other conduct which would constitute a basis
for disciplining a licensee.
(5) Engaging in acts of financial malfeasance concerning the
operation of a facility, including, but not limited to, improper use
or embezzlement of client moneys and property or fraudulent
appropriation for personal gain of facility moneys and property, or
willful or negligent failure to provide services for the care of
clients.
(b) The excluded person, the facility, and the licensee shall be
given written notice of the basis of the department's action and of
the excluded person's right to an appeal. The notice shall be served
either by personal service or by registered mail. Within 15 days
after the department serves the notice, the excluded person may file
with the department a written appeal of the exclusion order. If the
excluded person fails to file a written appeal within the prescribed
time, the department's action shall be final.
(c) (1) The department may require the immediate removal of a
member of the board of directors, an executive director, or an
officer of a licensee or exclusion of an employee, prospective
employee, or person who is not a client from a facility pending a
final decision of the matter, when, in the opinion of the director,
the action is necessary to protect residents or clients from physical
or mental abuse, abandonment, or any other substantial threat to
their health or safety.
(2) If the department requires the immediate removal of a member
of the board of directors, an executive director, or an officer of a
licensee or exclusion of an employee, prospective employee, or person
who is not a client from a facility the department shall serve an
order of immediate exclusion upon the excluded person which shall
notify the excluded person of the basis of the department's action
and of the excluded person's right to a hearing.
(3) Within 15 days after the department serves an order of
immediate exclusion, the excluded person may file a written appeal of
the exclusion with the department. The department's action shall be
final if the excluded person does not appeal the exclusion within
the prescribed time. The department shall do the following upon
receipt of a written appeal:
(A) Within 30 days of receipt of the appeal, serve an accusation
upon the excluded person.
(B) Within 60 days of receipt of a notice of defense by the
excluded person pursuant to Section 11506 of the Government Code,
conduct a hearing on the accusation.
(4) An order of immediate exclusion of the excluded person from
the facility shall remain in effect until the hearing is completed
and the director has made a final determination on the merits.
However, the order of immediate exclusion shall be deemed vacated if
the director fails to make a final determination on the merits within
60 days after the original hearing has been completed.
(d) An excluded person who files a written appeal of the
exclusion order with the department pursuant to this section shall,
as part of the written request, provide his or her current mailing
address. The excluded person shall subsequently notify the
department in writing of any change in mailing address, until the
hearing process has been completed or terminated.
(e) Hearings held pursuant to this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Division
3 of Title 2 of the Government Code. The standard of proof shall be
the preponderance of the evidence and the burden of proof shall be
on the department.
(f) The department may institute or continue a disciplinary
proceeding against a member of the board of directors, an executive
director, or an officer of a licensee or an employee, prospective
employee, or person who is not a client upon any ground provided by
this section, or enter an order prohibiting any person from being a
member of the board of directors, an executive director, or an
officer of a licensee, or the excluded person's employment or
presence in the facility or otherwise take disciplinary action
against the excluded person, notwithstanding any resignation,
withdrawal of employment application or change of duties by the
excluded person, or any discharge, failure to hire or reassignment of
the excluded person by the licensee or that the excluded person no
longer has contact with clients at the facility.
(g) A licensee's failure to comply with the department's
exclusion order after being notified of the order shall be grounds
for disciplining the licensee pursuant to Section 1569.50.
(h) (1) (A) In cases where the excluded person appealed the
exclusion order and there is a decision and order of the department
upholding the exclusion order, the person shall be prohibited from
working in any facility or being licensed to operate any facility
licensed by the department or from being a certified foster parent
for the remainder of the excluded person's life, unless otherwise
ordered by the department.
(B) The excluded individual may petition for reinstatement one
year after the effective date of the decision and order of the
department upholding the exclusion order pursuant to Section 11522 of
the Government Code. The department shall provide the excluded
person with a copy of Section 11522 of the Government Code with the
decision and order.
(2) (A) In cases where the department informed the excluded person
of his or her right to appeal the exclusion order and the excluded
person did not appeal the exclusion order, the person shall be
prohibited from working in any facility or being licensed to operate
any facility licensed by the department or a certified foster parent
for the remainder of the excluded person's life, unless otherwise
ordered by the department.
(B) The excluded individual may petition for reinstatement after
one year has elapsed from the date of the notification of the
exclusion order pursuant to Section 11522 of the Government Code.
The department shall provide the excluded person with a copy of
Section 11522 of the Government Code with the exclusion order.
SEC. 41. Section 1569.59 of the Health and Safety Code is amended
to read:
1569.59. (a) (1) If the department determines that a person was
issued a license under this chapter or under Chapter 1 (commencing
with Section 1200), Chapter 2 (commencing with Section 1250), Chapter
3.01 (commencing with Section 1568.01), Chapter 3.2 (commencing with
Section 1569), Chapter 3.4 (commencing with Section 1596.70),
Chapter 3.5 (commencing with Section 1596.90), or Chapter 3.6
(commencing with Section 1597.30) and the prior license was revoked
within the preceding two years, the department shall exclude the
person from, and remove him or her from the position of, a member of
the board of directors, an executive director, or an officer of a
licensee of, any facility licensed by the department pursuant to the
chapter.
(2) If the department determines that a person previously was
issued a certificate of approval by a foster family agency which was
revoked by the department pursuant to subdivision (b) of Section 1534
within the preceding two years, the department shall exclude the
person from, and remove him or her from the position of, a member of
the board of directors, an executive director, or an officer of a
licensee of, any facility licensed by the department pursuant to this
chapter.
(b) If the department determines that the person had previously
applied for a license under any of the chapters listed in paragraph
(1) of subdivision (a) and the application was denied within the last
year, the department shall exclude the person from, and remove him
or her from the position of, a member of the board of directors, an
executive director, or an officer of a licensee of, any facility
licensed by the department pursuant to this chapter and as follows:
(1) In cases where the applicant petitioned for a hearing, the
department shall exclude the person from, and remove him or her from
the position of, a member of the board of directors, an executive
director, or an officer of a licensee of, any facility licensed by
the department pursuant to this chapter until one year has elapsed
from the effective date of the decision and order of the department
upholding a denial.
(2) In cases where the department informed the applicant of his or
her right to petition for a hearing and the applicant did not
petition for a hearing, the department shall exclude the person from,
and remove him or her from the position of, a member of the board of
directors, an executive director, or an officer of a licensee of,
any facility licensed by the department pursuant to this chapter
until one year has elapsed from the date of the notification of the
denial and the right to petition for a hearing.
(c) If the department determines that the person had previously
applied for a certificate of approval with a foster family agency and
the department ordered the foster family agency to deny the
application pursuant to subdivision (b) of Section 1534, the
department shall exclude the person from, and remove him or her from
the position of, a member of the board of directors, an executive
director, or an officer of a licensee of, any facility licensed by
the department pursuant to this chapter and as follows:
(1) In cases where the applicant petitioned for a hearing, the
department shall exclude the person from, and remove him or her from
the position of, a member of the board of directors, an executive
director, or an officer of a licensee of, any facility licensed by
the department pursuant to this chapter until one year has elapsed
from the effective date of the decision and order of the department
upholding a denial.
(2) In cases where the department informed the applicant of his or
her right to petition for a hearing and the applicant did not
petition for a hearing, the department shall exclude the person from,
and remove him or her from the position of, a member of the board of
directors, an executive director, or an officer of a licensee of,
any facility licensed by the department pursuant to this chapter
until one year has elapsed from the date of the notification of the
denial and the right to petition for a hearing.
(d) Exclusion or removal of an individual pursuant to this section
shall not be considered an order of exclusion for purposes of
Section 1569.58 or any other law.
(e) The department may determine not to exclude a person from, and
remove him or her from the position of, a member of the board of
directors, an executive director, or an officer of a licensee of, any
facility licensed by the department pursuant to this
chapter if it has been determined
that the reasons for the denial of the application or revocation of
the facility license or certificate of approval were due to
circumstances or conditions that either have been corrected or are no
longer in existence.
SEC. 42. Section 1569.617 of the Health and Safety Code is amended
to read:
1569.617. (a) (1) There is hereby created in the State Treasury,
the Certification Fund from which moneys, upon appropriation of the
Legislature, shall be expended by the department for the purpose of
administering the residential care facilities for the elderly
certification program provided under Sections 1569.23, 1569.615, and
1569.616, the adult residential facilities certification program
pursuant to Section 1562.3, and the group home facilities
certification program pursuant to Section 1522.41.
(2) All money contained in the Residential Care Facility for the
Elderly Fund on the operative date of this paragraph shall be
retained in the Certification Fund for appropriation for the purposes
specified in paragraph (1).
(b) The fund shall consist of specific appropriations that the
Legislature sets aside for use by the fund and all fees, penalties,
and fines collected pursuant to Sections 1522.41, 1562.3, 1562.23,
1569.615, and 1569.616.
(c) For the 1998-99 fiscal year, the sum of not to exceed two
hundred fifty thousand dollars ($250,000) from the Certification Fund
shall be appropriated to the State Department of Social Services to
administer the group home facilities certification program pursuant
to Section 1522.41. The department shall repay the appropriation
made for the 1998-99 fiscal year into the Certification Fund upon
receipt of fees pursuant to Section 1522.41.
SEC. 43. Section 1596.603 of the Health and Safety Code is amended
to read:
1596.603. (a) Each person initiating a background examination to
be a trustline provider shall either obtain two sets of fingerprints
from a law enforcement agency or other local agency on a fingerprint
card authorized by the Department of Justice and shall submit the
fingerprints, or send his or her fingerprints to the Department of
Justice by electronic transmission in a manner approved by the
department, unless exempted in subdivision (e), and a completed
trustline application to the department, or the local child care
resource and referral agency which will immediately forward the
application package to the department. The agency taking the
fingerprints shall inscribe the serial number from the identification
card described in Section 1596.601 on the fingerprint cards.
(b) A law enforcement agency or other local agency authorized to
take fingerprints may charge a reasonable fee to offset the costs of
fingerprinting for the purposes of this chapter.
(c) Upon receipt, the department shall transmit the fingerprint
card and a copy of the application to the Department of Justice. The
Department of Justice shall use the fingerprints and the application
to search the state and Federal Bureau of Investigation criminal
history information pursuant to Section 1596.871 and the automated
child abuse system pursuant to subdivision (b) of Section 1596.877.
(d) A person who is a current licensee or employee in a facility
licensed by the department need not submit fingerprints to the
department and may transfer their criminal record clearance pursuant
to subdivision (h) of Section 1596.871. The person shall instead
submit to the department, along with the person's application, a copy
of the person's identification card described in Section 1596.601
and sign a declaration verifying the person's identity. A willful
false declaration is a violation of this subdivision punishable in
the same manner as provided under Section 1596.890.
SEC. 44. Section 1596.871 of the Health and Safety Code is amended
to read:
1596.871. The Legislature recognizes the need to generate timely
and accurate positive fingerprint identification of applicants as a
condition of issuing licenses, permits, or certificates of approval
for persons to operate or provide direct care services in a child
care center or family child care home. Therefore, the Legislature
supports the use of the fingerprint live-scan technology, as defined
in the long-range plan of the Department of Justice for fully
automating the processing of fingerprints and other data by the year
1999, otherwise known as the California Crime Information
Intelligence System (CAL-CII), to be used for applicant fingerprints.
It is the intent of the Legislature in enacting this section to
require the fingerprints of those individuals whose contact with
child day care facility clients may pose a risk to the children's
health and safety.
(a) Before issuing a license or special permit to any person to
operate or manage a day care facility, the department shall secure
from an appropriate law enforcement agency a criminal record to
determine whether the applicant or any other person specified in
subdivision (b) has ever been convicted of a crime other than a minor
traffic violation or arrested for any crime specified in Section 290
of the Penal Code, for violating Section 245 or 273.5, subdivision
(b) of Section 273a or, prior to January 1, 1994, paragraph (2) of
Section 273a of the Penal Code, or for any crime for which the
department cannot grant an exemption if the person was convicted and
the person has not been exonerated. That criminal history
information shall include the full criminal record, if any, of those
persons, and subsequent arrest information pursuant to Section
11105.2 of the Penal Code. No fee shall be charged by the Department
of Justice or the department for the fingerprinting of an applicant
who will serve six or fewer children or any family day care applicant
for a license, or for obtaining a criminal record of an applicant
pursuant to this section. The following shall apply to the criminal
record information:
(1) If the State Department of Social Services finds that the
applicant or any other person specified in subdivision (b) has been
convicted of a crime, other than a minor traffic violation, the
application shall be denied, unless the director grants an exemption
pursuant to subdivision (f).
(2) If the State Department of Social Services finds that the
applicant, or any person specified in subdivision (b), is awaiting
trial for a crime other than a minor traffic violation, the State
Department of Social Services shall cease processing the application
until the conclusion of the trial.
(3) If no criminal record information has been recorded, the
Department of Justice shall provide the applicant and the State
Department of Social Services with a statement of that fact.
(4) If the State Department of Social Services finds after
licensure that the licensee, or any other person specified in
paragraph (2) of subdivision (b), has been convicted of a crime other
than a minor traffic violation, the license may be revoked, unless
the director grants an exemption pursuant to subdivision (f).
(5) An applicant and any person specified in subdivision (b) shall
submit a second set of fingerprints to the Department of Justice,
for the purpose of searching the records of the Federal Bureau of
Investigation, in addition to the search required by subdivision (a).
If an applicant meets all other conditions for licensure, except
receipt of the Federal Bureau of Investigation's criminal history
information for the applicant and persons listed in subdivision (b),
the department may issue a license if the applicant and each person
described by subdivision (b) has signed and submitted a statement
that he or she has never been convicted of a crime in the United
States, other than a traffic infraction as defined in paragraph (1)
of subdivision (a) of Section 42001 of the Vehicle Code. If, after
licensure, the department determines that the licensee or person
specified in subdivision (b) has a criminal record, the license may
be revoked pursuant to Section 1596.885. The department may also
suspend the license pending an administrative hearing pursuant to
Section 1596.886.
(b) In addition to the applicant, this section shall be applicable
to criminal convictions of the following persons:
(1) Adults responsible for administration or direct supervision of
staff.
(2) Any person, other than a child, residing in the facility.
(3) Any person who provides care and supervision to the children.
(4) Any staff person, volunteer, or employee who has contact with
the children. A volunteer shall be exempt from the requirements of
this subdivision if the volunteer is a relative of a client in care
at the facility and is not used to replace or supplement staff in
providing direct care and supervision of children in care.
(5) If the applicant is a firm, partnership, association, or
corporation, the chief executive officer, other person serving in
like capacity, or a person designated by the chief executive officer
as responsible for the operation of the facility, as designated by
the applicant agency.
(6) If the applicant is a local educational agency, the president
of the governing board, the school district superintendent, or a
person designated to administer the operation of the facility, as
designated by the local educational agency.
(7) Additional officers of the governing body of the applicant, or
other persons with a financial interest in the applicant, as
determined necessary by the department by regulation. The criteria
used in the development of these regulations shall be based on the
person's capability to exercise substantial influence over the
operation of the facility.
(8) This section does not apply to employees of child care and
development programs under contract with the State Department of
Education who have completed a criminal records clearance as part of
an application to the Commission on Teacher Credentialing, and who
possess a current credential or permit issued by the commission,
including employees of child care and development programs that serve
both children subsidized under, and children not subsidized under, a
State Department of Education contract. The Commission on Teacher
Credentialing shall notify the department upon revocation of a
current credential or permit issued to an employee of a child care
and development program under contract with the State Department of
Education.
(9) This section does not apply to employees of a child care and
development program operated by a school district, county office of
education, or community college district under contract with the
State Department of Education who have completed a criminal records
clearance as a condition of employment. The school district, county
office of education, or community college district upon receiving
information that the status of an employee's criminal record
clearance has changed shall submit that information to the
department.
(c) (1) (A) Subsequent to initial licensure, any person specified
in subdivision (b) and not exempted from fingerprinting shall, as a
condition to employment, residence, or presence in a child day care
facility be fingerprinted and sign a declaration under penalty of
perjury regarding any prior criminal conviction. The licensee shall
submit these fingerprints to the Department of Justice, along with a
second set of fingerprints for the purpose of searching the records
of the Federal Bureau of Investigation, or to comply with paragraph
(1) of subdivision (h), prior to the person's employment, residence,
or initial presence in the child day care facility.
(B) These fingerprints shall be on a card provided by the State
Department of Social Services for the purpose of obtaining a
permanent set of fingerprints and submitted to the Department of
Justice by the licensee or sent by electronic transmission in a
manner approved by the State Department of Social Services. A
licensee's failure to submit fingerprints to the Department of
Justice, or to comply with paragraph (1) of subdivision (h), as
required in this section, shall result in the citation of a
deficiency, and an immediate assessment of civil penalties in the
amount of one hundred dollars ($100) per violation. The State
Department of Social Services may assess civil penalties for
continued violations permitted by Section 1596.99 and Section
1597.62. The fingerprints shall then be submitted to the State
Department of Social Services for processing. Within 14 calendar
days of the receipt of the fingerprints, the Department of Justice
shall notify the State Department of Social Services of the criminal
record information, as provided in this subdivision. If no criminal
record information has been recorded, the Department of Justice shall
provide the licensee and the State Department of Social Services
with a statement of that fact within 14 calendar days of receipt of
the fingerprints. If new fingerprints are required for processing,
the Department of Justice shall, within 14 calendar days from the
date of receipt of the fingerprints, notify the licensee that the
fingerprints were illegible.
(C) Documentation of the individual's clearance or exemption shall
be maintained by the licensee, and shall be available for
inspection. When live-scan technology is operational, as defined in
Section 1522.04, the Department of Justice shall notify the
department, as required by that section, and notify the licensee by
mail within 14 days of electronic transmission of the fingerprints to
the Department of Justice, if the person has no criminal record.
Any violation of the regulations adopted pursuant to Section 1522.04
shall result in the citation of a deficiency and an immediate
assessment of civil penalties in the amount of one hundred dollars
($100) per violation. The department may assess civil penalties for
continued violations, as permitted by Sections 1596.99 and 1597.62.
(2) Except for persons specified in paragraph (2) of subdivision
(b), the licensee shall endeavor to ascertain the previous employment
history of persons required to be fingerprinted under this
subdivision. If it is determined by the department, on the basis of
fingerprints submitted to the Department of Justice, that the person
has been convicted of a sex offense against a minor, an offense
specified in Section 243.4, 273a, or 273d, subdivision (a) or (b) of
Section 368 of the Penal Code, or a felony, the State Department of
Social Services shall notify the licensee to act immediately to
terminate the person's employment, remove the person from the child
day care facility, or bar the person from entering the child day care
facility. The department may subsequently grant an exemption
pursuant to subdivision (f). If the conviction was for another crime
except a minor traffic violation, the licensee shall, upon
notification by the State Department of Social Services, act
immediately to either (1) terminate the person's employment, remove
the person from the child day care facility, or bar the person from
entering the child day care facility; or (2) seek an exemption
pursuant to subdivision (f). The department shall determine if the
person shall be allowed to remain in the facility until a decision on
the exemption is rendered. A licensee's failure to comply with the
department's prohibition of employment, contact with clients, or
presence in the facility as required by this paragraph shall be
grounds for disciplining the licensee pursuant to Section 1596.885 or
1596.886.
(3) The department may issue an exemption on its own motion
pursuant to subdivision (f) if the person's criminal history
indicates that the person is of good character based on the age,
seriousness, and frequency of the conviction or convictions. The
department, in consultation with interested parties, shall develop
regulations to establish the criteria to grant an exemption pursuant
to this paragraph.
(4) Concurrently with notifying the licensee pursuant to paragraph
(3), the department shall notify the affected individual of his or
her right to seek an exemption pursuant to subdivision (f). The
individual may seek an exemption only if the licensee terminates the
person's employment or removes the person from the facility after
receiving notice from the department pursuant to paragraph (3).
(d) (1) For purposes of this section or any other provision of
this chapter, a conviction means a plea or verdict of guilty or a
conviction following a plea of nolo contendere. Any action which the
department is permitted to take following the establishment of a
conviction may be taken when the time for appeal has elapsed, or the
judgment of conviction has been affirmed on appeal or when an order
granting probation is made suspending the imposition of sentence,
notwithstanding a subsequent order pursuant to Sections 1203.4 and
1203.4a of the Penal Code permitting the person to withdraw his or
her plea of guilty and to enter a plea of not guilty, or setting
aside the verdict of guilty, or dismissing the accusation,
information, or indictment. For purposes of this section or any
other provision of this chapter, the record of a conviction, or a
copy thereof certified by the clerk of the court or by a judge of the
court in which the conviction occurred, shall be conclusive evidence
of the conviction. For purposes of this section or any other
provision of this chapter, the arrest disposition report certified by
the Department of Justice, or documents admissible in a criminal
action pursuant to Section 969b of the Penal Code, shall be prima
facie evidence of conviction, notwithstanding any other provision of
law prohibiting the admission of these documents in a civil or
administrative action.
(2) For purposes of this section or any other provision of this
chapter, the department shall consider criminal convictions from
another state or federal court as if the criminal offense was
committed in this state.
(e) The State Department of Social Services shall not use a record
of arrest to deny, revoke, or terminate any application, license,
employment, or residence unless the department investigates the
incident and secures evidence, whether or not related to the incident
of arrest, that is admissible in an administrative hearing to
establish conduct by the person that may pose a risk to the health
and safety of any person who is or may become a client. The State
Department of Social Services is authorized to obtain any arrest or
conviction records or reports from any law enforcement agency as
necessary to the performance of its duties to inspect, license, and
investigate community care facilities and individuals associated with
a community care facility.
(f) (1) After review of the record, the director may grant an
exemption from disqualification for a license or special permit as
specified in paragraphs (1) and (4) of subdivision (a), or for
employment, residence, or presence in a child day care facility as
specified in paragraphs (3), (4), and (5) of subdivision (c) if the
director has substantial and convincing evidence to support a
reasonable belief that the applicant and the person convicted of the
crime, if other than the applicant, are of good character so as to
justify issuance of the license or special permit or granting an
exemption for purposes of subdivision (c). However, no exemption
shall be granted pursuant to this subdivision if the conviction was
for an offense specified in Section 220, 243.4, or 264.1, subdivision
(a) of Section 273a or, prior to January 1, 1994, paragraph (1) of
Section 273a, Section 273d, 288, or 289, subdivision (a) of Section
290, or subdivision (a) or (b) of Section 368 of the Penal Code, or
was a conviction of another crime against an individual specified in
subdivision (c) of Section 667.5 of the Penal Code.
(2) The department shall not prohibit a person from being employed
or having contact with clients in a facility on the basis of a
denied criminal record exemption request or arrest information unless
the department complies with the requirements of Section 1596.8897.
(g) Upon request of the licensee, who shall enclose a
self-addressed stamped postcard for this purpose, the Department of
Justice shall verify receipt of the fingerprints.
(h) (1) For the purposes of compliance with this section, the
department may permit an individual to transfer a current criminal
records clearance, as defined in subdivision (a), from one facility
to another, as long as the criminal record clearance has been
processed through a state licensing district office, and is being
transferred to another state licensing district office. The request
shall be in writing to the department, and shall include a copy of
the person's driver's license or valid identification card issued by
the Department of Motor Vehicles, or a valid photo identification
issued by another state or the United States government if the person
is not a California resident. Upon request of the licensee, who
shall enclose a self-addressed stamped envelope for this purpose, the
department shall verify whether the individual has a clearance that
can be transferred.
(2) The State Department of Social Services shall hold criminal
records clearances in its active files for a minimum of two years
after an employee is no longer employed at a licensed facility in
order for the criminal records clearances to be transferred.
(i) Amendments to this section made in the 1998 calendar year
shall be implemented commencing 60 days after the effective date of
the act amending this section in the 1998 calendar year, except those
provisions for the submission of fingerprints for searching the
records of the Federal Bureau of Investigation, which shall be
implemented commencing January 1, 1999.
SEC. 45. Section 1596.8713 of the Health and Safety Code is
amended to read:
1596.8713. The Department of Justice may charge a fee sufficient
to cover its costs in providing services in accordance with Section
1596.871 to comply with the 14-day requirement for provision to the
department of the criminal record information, as contained in
subdivision (c) of Section 1569.871.
SEC. 46. Section 1596.877 of the Health and Safety Code is amended
to read:
1596.877. (a) Prior to granting a license to, or otherwise
approving, any family day care home, the department shall check the
child abuse and neglect complaint records of the child protective
services agency of the county in which the applicant has resided for
the two years preceding the application.
(b) Prior to granting a license to or otherwise approving any
individual to care for children in either a family day care home or a
day care center, the department shall check the Child Abuse Registry
pursuant to paragraph (3) of subdivision (b) of Section 11170 of the
Penal Code. The Department of Justice shall maintain and
continually update an index of reports of child abuse by providers
and shall inform the department of subsequent reports received from
the child abuse index pursuant to Section 11170 of the Penal Code and
the criminal history.
(c) The department shall investigate any reports received from the
Child Abuse Registry and investigate any information received from
the county child protective services agency. However, child
protective services agency information arising from a report
designated as "unfounded," as defined pursuant to subdivision (a) of
Section 11165.12 of the Penal Code, shall not be included in the
investigation. The investigation shall include, but not be limited
to, the review of the investigation report and file prepared by the
child protective services agency that investigated the child abuse
report. The department shall not deny a license based upon a report
from the Child Abuse Registry or based on child abuse and neglect
complaint records of the county child protective services agency
unless child abuse is substantiated.
(d) On and after January 1, 1993, the department shall implement
this section for records maintained by counties that have automated
their child abuse and neglect complaint records on or before January
1, 1993. On and after July 1, 1993, the department shall implement
this section for records maintained by all counties.
SEC. 47. Section 1596.885 of the Health and Safety Code is amended
to read:
1596.885. The department may deny an application for or suspend
or revoke any license, registration, or special permit issued under
this act upon any of the following grounds and in the manner provided
in this act:
(a) Violation by the licensee, registrant, or holder of a special
permit of this act or of the rules and regulations promulgated under
this act.
(b) Aiding, abetting, or permitting the violating of this act or
of the rules and regulations promulgated under this act.
(c) Conduct which is inimical to the health, morals, welfare, or
safety of either an individual in or receiving services from the
facility or the people of this state.
(d) The conviction of a licensee, or other person specified in
Section 1596.871, at any time before or during licensure, of a crime
as defined in Section 1596.871.
(e) Engaging in acts of financial malfeasance concerning the
operation of a facility, including, but not limited to, improper use
or embezzlement of client moneys and property or fraudulent
appropriation for personal gain of facility moneys and property, or
willful or negligent failure to provide services for the care of
clients.
SEC. 48. Section 1596.8897 of the Health and Safety Code is
amended to read:
1596.8897. (a) The department may prohibit any person from being
a member of the board of directors, an executive director, or an
officer of a licensee or a licensee from employing, or continuing the
employment of, or allowing in a licensed facility, or allowing
contact with clients of a licensed facility by, any employee,
prospective employee, or person who is not a client who has:
(1) Violated, or aided or permitted the violation by any other
person of, any provisions of this chapter or of any rules or
regulations promulgated under this chapter.
(2) Engaged in conduct which is inimical to the health, morals,
welfare, or safety of either an individual in or receiving services
from the facility, or the people of the State of California.
(3) Been denied an exemption to work or to be present in a
facility, when that person has been convicted of a crime as defined
in Section 1596.871.
(4) Engaged in any other conduct which would constitute a basis
for disciplining a licensee.
(5) Engaging in acts of financial malfeasance concerning the
operation of a facility, including, but not limited to, improper use
or embezzlement
of client moneys and property or fraudulent appropriation for
personal gain of facility moneys and property, or willful or
negligent failure to provide services for the care of clients.
(b) The excluded person, the facility, and the licensee shall be
given written notice of the basis of the department's action and of
the excluded person's right to an appeal. The notice shall be served
either by personal service or by registered mail. Within 15 days
after the department serves the notice, the excluded person may file
with the department a written appeal of the exclusion order. If the
excluded person fails to file a written appeal within the prescribed
time, the department's action shall be final.
(c) (1) The department may require the immediate removal of a
member of the board of directors, an executive director, or an
officer of a licensee or exclusion of an employee, prospective
employee, or person who is not a client from a facility pending a
final decision of the matter, when, in the opinion of the director,
the action is necessary to protect residents or clients from physical
or mental abuse, abandonment, or any other substantial threat to
their health or safety.
(2) If the department requires the immediate removal of a member
of the board of directors, an executive director, or an officer of a
licensee or exclusion of an employee, prospective employee, or person
who is not a client from a facility, the department shall serve an
order of immediate exclusion upon the excluded person which shall
notify the excluded person of the basis of the department's action
and of the excluded person's right to a hearing.
(3) Within 15 days after the department serves an order of
immediate exclusion, the excluded person may file a written appeal of
the exclusion with the department. The department's action shall be
final if the excluded person does not appeal the exclusion within
the prescribed time. The department shall do the following upon
receipt of a written appeal:
(A) Within 30 days of receipt of the appeal, serve an accusation
upon the excluded person.
(B) Within 60 days of receipt of a notice of defense by the
employee or prospective employee pursuant to Section 11506 of the
Government Code, conduct a hearing on the accusation.
(4) An order of immediate exclusion of the excluded person from
the facility shall remain in effect until the hearing is completed
and the director has made a final determination on the merits.
However, the order of immediate exclusion shall be deemed vacated if
the director fails to make a final determination on the merits within
60 days after the original hearing has been completed.
(d) An excluded person who files a appeal of the exclusion order
with the department pursuant to this section shall, as part of the
written request, provide his or her current mailing address. The
excluded person shall subsequently notify the department in writing
of any change in mailing address, until the hearing process has been
completed or terminated.
(e) Hearings held pursuant to this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Division
3 of Title 2 of the Government Code. The standard of proof shall be
the preponderance of the evidence and the burden of proof shall be
on the department.
(f) The department may institute or continue a disciplinary
proceeding against a member of the board of directors, an executive
director, or an officer of a licensee or an employee, prospective
employee, or person who is not a client upon any ground provided by
this section, or enter an order prohibiting any person from being a
member of the board of directors, the executive director, or an
officer of a licensee or the excluded person's employment or presence
in the facility or otherwise take disciplinary action against the
excluded person, notwithstanding any resignation, withdrawal of
employment application or change of duties by the excluded person, or
any discharge, failure to hire or reassignment of the excluded
person by the licensee or that the excluded person no longer has
contact with clients at the facility.
(g) A licensee's failure to comply with the department's
exclusion order after being notified of the order shall be grounds
for disciplining the licensee pursuant to Section 1596.885 or
1596.886.
(h) (1) (A) In cases where the excluded person appealed the
exclusion order and there is a decision and order upholding the
exclusion order, the person shall be prohibited from working in any
facility or being licensed to operate any facility licensed by the
department or from being a certified foster parent for the remainder
of the excluded person's life, unless otherwise ordered by the
department.
(B) The excluded individual may petition for reinstatement one
year after the effective date of the decision and order of the
department upholding the exclusion order pursuant to Section 11522 of
the Government Code. The department shall provide the excluded
person with a copy of Section 11522 of the Government Code with the
decision and order.
(2) (A) In cases where the department informed the excluded person
of his or her right to appeal the exclusion order and the excluded
person did not appeal the exclusion order, the person shall be
prohibited from working in any facility or being licensed to operate
any facility licensed by the department or a certified foster parent
for the remainder of the excluded person's life, unless otherwise
ordered by the department.
(B) The excluded individual may petition for reinstatement after
one year has elapsed from the date of the notification of the
exclusion order pursuant to Section 11522 of the Government Code.
The department shall provide the excluded person with a copy of
Section 11522 of the Government Code with the exclusion order.
SEC. 49. Section 1596.8898 of the Health and Safety Code is
amended to read:
1596.8898. (a) (1) If the department determines that a person was
issued a license under this chapter or under Chapter 1 (commencing
with Section 1200), Chapter 2 (commencing with Section 1250), Chapter
3.01 (commencing with Section 1568.01), Chapter 3.2 (commencing with
Section 1569), Chapter 3.4 (commencing with Section 1596.70),
Chapter 3.5 (commencing with Section 1596.90), or Chapter 3.6
(commencing with Section 1597.30) and the prior license was revoked
within the preceding two years, the department shall exclude the
person from, and remove the person from the position of a member of
the board of directors, the executive director, or an officer of a
licensee of, any facility licensed by the department pursuant to the
chapter.
(2) If the department determines that a person previously was
issued a certificate of approval by a foster family agency which was
revoked by the department pursuant to subdivision (b) of Section 1534
within the preceding two years, the department shall exclude the
person from, and remove the person from the position of a member of
the board of directors, the executive director, or an officer of a
licensee of, any facility licensed by the department pursuant to this
chapter.
(b) If the department determines that the person had previously
applied for a license under any of the chapters listed in paragraph
(1) of subdivision (a) and the application was denied within the last
year, the department shall exclude the person from, and remove the
person from the position of a member of the board of directors, the
executive director, or an officer of a licensee of, any facility
licensed by the department pursuant to this chapter and as follows:
(1) In cases where the applicant petitioned for a hearing, the
department shall exclude the person from, and remove the person from
the position of a member of the board of directors, the executive
director, or an officer of a licensee of, any facility licensed by
the department pursuant to this chapter until one year has elapsed
from the effective date of the decision and order of the department
upholding a denial.
(2) In cases where the department informed the applicant of his or
her right to petition for a hearing and the applicant did not
petition for a hearing, the department shall exclude the person from,
and remove the person from the position of a member of the board of
directors, the executive director, or an officer of a licensee of,
any facility licensed by the department pursuant to this chapter
until one year has elapsed from the date of the notification of the
denial and the right to petition for a hearing.
(c) If the department determines that the person had previously
applied for a certificate of approval with a foster family agency and
the department ordered the foster family agency to deny the
application pursuant to subdivision (b) of Section 1534, the
department shall exclude the person from, and remove the person from
the position of a member of the board of directors, the executive
director, or an officer of a licensee of, any facility licensed by
the department pursuant to this chapter and as follows:
(1) In cases where the applicant petitioned for a hearing, the
department shall exclude the person from, and remove the person from
the position of a member of the board of directors, the executive
director, or an officer of a licensee of, any facility licensed by
the department pursuant to this chapter until one year has elapsed
from the effective date of the decision and order of the department
upholding a denial.
(2) In cases where the department informed the applicant of his or
her right to petition for a hearing and the applicant did not
petition for a hearing, the department shall exclude the person from,
and remove the person from the position of a member of the board of
directors, the executive director, or an officer of a licensee of,
any facility licensed by the department pursuant to this chapter
until one year has elapsed from the date of the notification of the
denial and the right to petition for a hearing.
(d) Exclusion or removal of an individual pursuant to this section
shall not be considered an order of exclusion for purposes of
Section 1598.8897 or any other law.
(e) The department may determine not to exclude a person from, or
remove him or her from the position of, a member of the board of
directors, the executive director, or an officer of a licensee of,
any facility licensed by the department pursuant to this chapter if
it has been determined that the reasons for the denial of the
application or revocation of the facility license or certificate of
approval were due to circumstances or conditions that either have
been corrected or are no longer in existence.
SEC. 50. Section 1596.952 is added to the Health and Safety Code,
to read:
1596.952. (a) A corporation that applies for licensure with the
department shall list the facilities that any member of the board of
directors, the executive director, or an officer that has been
licensed to operate, been employed in or served as a member of the
board of directors, the executive director, or an officer.
(b) The department shall not issue a provisional license or
license to any corporate applicant that has a member of the board of
directors, the executive director, or an officer who is not eligible
for licensure pursuant to Sections 1596.851 and 1596.8898.
(c) The department may revoke the license of any corporate
licensee that has a member of the board of directors, the executive
director, or an officer who is not eligible for licensure pursuant to
Sections 1596.851 and 1596.8898.
(d) Prior to instituting an administrative action pursuant to
subdivision (b) or (c), the department shall notify the applicant or
licensee of the person's ineligibility to be a member of the board of
directors, an executive director, or an officer of the applicant or
licensee. The licensee has 15 days to remove the person from that
position if the person does not have client contact, or immediately
upon notification if the person has client contact.
SEC. 51. Section 11174.3 of the Penal Code is amended to read:
11174.3. (a) Whenever a representative of a child protective
agency or the State Department of Social Services deems it necessary,
a suspected victim of child abuse may be interviewed during school
hours, on school premises, concerning a report of suspected child
abuse that occurred within the child's home or out-of-home care
facility. The child shall be afforded the option of being
interviewed in private or selecting any adult who is a member of the
staff of the school, including any certificated or classified
employee or volunteer aide, to be present at the interview. A
representative of the child protective agency or the State Department
of Social Services shall inform the child of that right prior to the
interview.
The purpose of the staff person's presence at the interview is to
lend support to the child and enable him or her to be as comfortable
as possible. However, the member of the staff so elected shall not
participate in the interview. The member of the staff so present
shall not discuss the facts or circumstances of the case with the
child. The member of the staff so present, including, but not
limited to, a volunteer aide, is subject to the confidentiality
requirements of this article, a violation of which is punishable as
specified in Section 11167.5. A representative of the school shall
inform a member of the staff so selected by a child of the
requirements of this section prior to the interview. A staff member
selected by a child may decline the request to be present at the
interview. If the staff person selected agrees to be present, the
interview shall be held at a time during school hours when it does
not involve an expense to the school. Failure to comply with the
requirements of this section does not affect the admissibility of
evidence in a criminal or civil proceeding.
(b) The Superintendent of Public Instruction shall notify each
school district and each child protective agency, and the State
Department of Social Services shall notify each of its employees who
participate in the investigation of reports of child abuse, of the
requirements of this section.
SEC. 52. Section 361.21 is added to the Welfare and Institutions
Code, to read:
361.21. (a) The court shall not order the placement of a minor in
an out-of-state group home, unless the court finds, in its order of
placement, that both of the following conditions have been met:
(1) The out-of-state group home is licensed or certified for the
placement of minors by an agency of the state in which the minor will
be placed.
(2) The out-of-state group home meets the requirements of Section
7911.1 of the Family Code.
(b) At least every six months, the court shall review each
placement made pursuant to subdivision (a) in order to determine
compliance with that subdivision.
(c) A county shall not be entitled to receive or expend any public
funds for the placement of a minor in an out-of-state group home
unless the requirements of subdivisions (a) and (b) are met.
SEC. 53. Section 366 of the Welfare and Institutions Code is
amended to read:
366. (a) The status of every dependent child in foster care shall
be reviewed periodically as determined by the court but no less
frequently than once every six months, as calculated from the date of
the original dispositional hearing, until the hearing described in
Section 366.25 or 366.26 is completed. The court shall determine the
continuing necessity for and appropriateness of the placement, the
extent of compliance with the case plan, the continuing need to
suspend sibling interaction, if applicable, pursuant to subdivision
(c) of Section 16002, and the extent of progress which has been made
toward alleviating or mitigating the causes necessitating placement
in foster care, and shall project a likely date by which the child
may be returned to the home or placed for adoption or legal
guardianship.
(b) Subsequent to the hearing, periodic reviews of each child in
foster care shall be conducted pursuant to the requirements of
Sections 366.3 and 16503.
(c) If the child has been placed out of state, each review
described in subdivision (a) and any reviews conducted pursuant to
Sections 366.3 and 16503 shall also address whether the out-of-state
placement continues to be the most appropriate placement selection
and in the best interests of the child.
(d) A child shall not be placed in an out-of-state group home, or
remain in an out-of-state group home, unless the group home is in
compliance with Section 7911.1 of the Family Code.
SEC. 54. Section 727.1 of the Welfare and Institutions Code is
amended to read:
727.1. (a) Unless otherwise authorized by law, the court may not
order the placement of a minor who is adjudged a ward of the court on
the basis that he or she is a person described by either Section 601
or 602 in a private residential facility or program that provides
24-hour supervision, outside of the state, unless the court finds, in
its order of placement, that all of the following conditions are
met:
(1) In-state facilities or programs have been determined to be
unavailable or inadequate to meet the needs of the minor.
(2) The out-of-state residential facility or program is licensed
for the placement of minors by an agency of the state or states in
which the minor will be placed or operates under and is inspected
pursuant to standards comparable to those developed by the Board of
Corrections for similar facilities or programs.
(3) The requirements of Section 7911.1 of the Family Code are met.
(b) If, upon inspection, the probation officer of the county in
which the minor is adjudged a ward of the court determines that the
out-of-state facility or program is not in compliance with the
standards required under paragraph (2) of subdivision (a), the
probation officer may temporarily remove the minor from the facility
or program. The probation officer shall promptly inform the court of
the minor's removal, and shall return the minor to the court for a
hearing to review the suitability of continued out-of-state
placement.
(c) The court shall review each of these placements for compliance
with the requirements of subdivision (a) at least once every six
months.
(d) The county shall not be entitled to receive or expend any
public funds for the placement of a minor in an out-of-state group
home unless the conditions of subdivision (a) and (c) are met.
SEC. 55. Section 827 of the Welfare and Institutions Code is
amended to read:
827. (a) (1) Except as provided in Section 828, a petition filed
in any juvenile court proceeding, reports of the probation officer,
and all other documents filed in that case or made available to the
probation officer in making his or her report, or to the judge,
referee, or other hearing officer, and thereafter retained by the
probation officer, judge, referee, or other hearing officer, may be
inspected only by the following:
(A) Court personnel.
(B) The district attorney, a city attorney, or city prosecutor
authorized to prosecute criminal or juvenile cases under state law.
(C) The minor who is the subject of the proceeding.
(D) His or her parents or guardian.
(E) The attorneys for the parties, and judges, referees, other
hearing officers, probation officers and law enforcement officers who
are actively participating in criminal or juvenile proceedings
involving the minor.
(F) The superintendent or designee of the school district where
the minor is enrolled or attending school.
(G) Members of the child protective agencies as defined in Section
11165.9 of the Penal Code.
(H) The State Department of Social Services to carry out its
duties pursuant to Division 9 (commencing with Section 10000), and
Part 5 (commencing with Section 7900) of Division 12 of the Family
Code to oversee and monitor county child welfare agencies, children
in foster care or receiving foster care assistance, and out-of-state
placements.
(I) To authorized legal staff or special investigators who are
peace officers who are employed by, or who are authorized
representatives of, the State Department of Social Services, as
necessary to the performance of their duties to inspect, license, and
investigate community care facilities, and to ensure that the
standards of care and services provided in those facilities are
adequate and appropriate and to ascertain compliance with the rules
and regulations to which the facilities are subject. The
confidential information shall remain confidential except for
purposes of inspection, licensing, or investigation pursuant to
Chapter 3 (commencing with Section 1500) and Chapter 3.4 (commencing
with Section 1596.70) of Division 2 of the Health and Safety Code, or
a criminal, civil, or administrative proceeding in relation thereto.
The confidential information may be used by the State Department of
Social Services in a criminal, civil, or administrative proceeding.
The confidential information shall be available only to the judge or
hearing officer and to the parties to the case. Names that are
confidential shall be listed in attachments separate to the general
pleadings. The confidential information shall be sealed after the
conclusion of the criminal, civil, or administrative hearings, and
shall not subsequently be released except in accordance with this
subdivision. If the confidential information does not result in a
criminal, civil, or administrative proceeding, it shall be sealed
after the State Department of Social Services decides that no further
action will be taken in the matter of suspected licensing
violations. Except as otherwise provided in this subdivision,
confidential information in the possession of the State Department of
Social Services shall not contain the name of the minor.
(J) Members of children's multidisciplinary teams, persons or
agencies providing treatment or supervision of the minor.
(K) Any other person who may be designated by court order of the
judge of the juvenile court upon filing a petition.
(2) Any records or reports relating to a matter within the
jurisdiction of the juvenile court prepared by or released by the
court, a probation department, or the county department of social
services, any portion of those records or reports, and information
relating to the contents of those records or reports, shall not be
disseminated by the receiving agencies to any persons or agencies,
other than those persons or agencies authorized to receive documents
pursuant to this section. Further, any of those records or reports,
any portion of those records or reports, and information relating to
the contents of those records or reports, shall not be made
attachments to any other documents without the prior approval of the
presiding judge of the juvenile court, unless they are used in
connection with and in the course of a criminal investigation or a
proceeding brought to declare a person a dependent child or ward of
the juvenile court.
(b) (1) While the Legislature reaffirms its belief that juvenile
court records, in general, should be confidential, it is the intent
of the Legislature in enacting this subdivision to provide for a
limited exception to juvenile court record confidentiality to promote
more effective communication among juvenile courts, law enforcement
agencies, and schools to ensure the rehabilitation of juvenile
criminal offenders as well as to lessen the potential for drug use,
violence, and other forms of delinquency.
(2) Notwithstanding subdivision (a), written notice that a minor
enrolled in a public school, kindergarten to grade 12, inclusive, has
been found by a court of competent jurisdiction to have committed
any felony or any misdemeanor involving curfew, gambling, alcohol,
drugs, tobacco products, carrying of weapons, a sex offense listed in
Section 290 of the Penal Code, assault or battery, larceny,
vandalism, or graffiti shall be provided by the court, within seven
days, to the superintendent of the school district of attendance.
Written notice shall include only the offense found to have been
committed by the minor and the disposition of the minor's case. This
notice shall be expeditiously transmitted by the district
superintendent to the principal at the school of attendance. The
principal shall expeditiously disseminate the information to those
counselors directly supervising or reporting on the behavior or
progress of the minor. In addition, the principal may disseminate
the information to any teacher or administrator directly supervising
or reporting on the behavior or progress of the minor whom the
principal believes needs the information to work with the pupil in an
appropriate fashion, to avoid being needlessly vulnerable or to
protect other persons from needless vulnerability.
Any information received by a teacher, counselor, or administrator
under this subdivision shall be received in confidence for the
limited purpose of rehabilitating the minor and protecting students
and staff, and shall not be further disseminated by the teacher,
counselor, or administrator, except insofar as communication with the
juvenile, his or her parents or guardians, law enforcement
personnel, and the juvenile's probation officer is necessary to
effectuate the juvenile's rehabilitation or to protect students and
staff.
An intentional violation of the confidentiality provisions of this
section is a misdemeanor punishable by a fine not to exceed five
hundred dollars ($500).
(3) If a minor is removed from public school as a result of the
court's finding described in subdivision (b), the superintendent
shall maintain the information in a confidential file and shall defer
transmittal of the information received from the court until the
minor is returned to public school. If the minor is returned to a
school district other than the one from which the minor came, the
parole or probation officer having jurisdiction over the minor shall
so notify the superintendent of the last district of attendance, who
shall transmit the notice received from the court to the
superintendent of the new district of attendance.
(c) Each probation report filed with the court concerning a minor
whose record is subject to dissemination pursuant to subdivision (b)
shall include on the face sheet the school at which the minor is
currently enrolled. The county superintendent shall provide the
court with a listing of all of the schools within each school
district, within the county, along with the name and mailing address
of each district superintendent.
(d) Each notice sent by the court pursuant to
subdivision (b) shall be stamped with the instruction: "Unlawful
Dissemination Of This Information Is A Misdemeanor." Any information
received from the court shall be kept in a separate confidential
file at the school of attendance and shall be transferred to the
minor's subsequent schools of attendance and maintained until the
minor graduates from high school, is released from juvenile court
jurisdiction, or reaches the age of 18, whichever occurs first.
After that time the confidential record shall be destroyed. At any
time after the date by which a record required to be destroyed by
this section should have been destroyed, the minor or his or her
parent or guardian shall have the right to make a written request to
the principal of the school that the minor's school records be
reviewed to ensure that the record has been destroyed. Upon
completion of any requested review and no later than 30 days after
the request for the review was received, the principal or his or her
designee shall respond in writing to the written request and either
shall confirm that the record has been destroyed or, if the record
has not been destroyed, shall explain why destruction has not yet
occurred.
Except as provided in paragraph (2) of subdivision (b), no
liability shall attach to any person who transmits or fails to
transmit any notice or information required under subdivision (b).
SEC. 56. Section 5867.5 is added to the Welfare and Institutions
Code, to read:
5867.5. (a) Beginning in the 1998-99 fiscal year, county mental
health departments that receive full system of care funding, as
determined by the State Department of Mental Health in consultation
with counties, shall provide to children served by county social
services and probation departments mental health screening,
assessment, participation in multidisciplinary placement teams and
specialty mental health treatment services for children placed out of
home in group care, for those children who meet the definition of
medical necessity, to the extent resources are available. These
counties shall give first priority to children currently receiving
psychoactive medication.
(b) The State Department of Mental Health shall develop, by June
1, 1999, an estimate of the extent to which mental health assessment
and treatment resources are available to meet all of the following
needs:
(1) Children placed in group care by county departments of social
services and probation.
(2) Children placed in out-of-home care by county departments of
social services.
(3) Children at risk of placement out of home who are receiving
services from county departments of social services or probation.
(c) The estimate required by subdivision (b) shall include
identification of specific resource gaps, including human resource
gaps, in the delivery of specialty mental health services to children
identified by county social services and probation.
(d) The State Department of Mental Health shall develop, with the
assistance of the State Department of Social Services and the
Judicial Council , with participation by county mental health
departments, county health departments, and county social services
departments, and in consultation with group home providers and
representatives of current or former foster youth and representatives
of pediatricians and child and adolescent psychiatrists, by July 1,
1999, a procedure for review of treatment plans for children
receiving prescribed psychoactive medication and who are placed in
out-of-home care.
SEC. 57. Section 10609.3 of the Welfare and Institutions Code is
amended to read:
10609.3. (a) By January 1, 1995, the State Department of Social
Services shall complete, in consultation with county Independent
Living Program administrators, placement agencies, providers,
advocacy groups, and community groups, a comprehensive evaluation of
the Independent Living Program established pursuant to the federal
Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law
99-272) and develop recommendations available to the public on how
independent living services could better prepare foster youth for
independence and adulthood.
(b) The department shall investigate alternative transition
housing models for youth between the ages of 17 and 18 who are in
out-of-home placements under the supervision of the county department
of social services or county probation department. To the extent
federal funds are available and it is in the best interests of the
children, the department shall develop and implement a transitional
housing model for youth who are preparing for emancipation from
foster care.
(c) The department shall also investigate alternative transition
models for youth discharged from foster care to live on their own.
As part of this investigation, the department shall consider the
needs of youth for housing, transportation, health care, access to
community resources, employment, and other support services.
(d) The department shall, with the approval of the federal
government, amend the foster care state plan, provided for pursuant
to Subtitle IV-E (commencing with Section 470) of the federal Social
Security Act (42 U.S.C. Sec. 670, et seq.), and the child welfare
services state plan (42 U.S.C. Sec. 622), to permit all eligible
children be served by the Independent Living Program up to the age of
21 years.
SEC. 58. Section 11402 of the Welfare and Institutions Code is
amended to read:
11402. In order to be eligible for AFDC-FC, a child shall be
placed in one of the following:
(a) The home of a relative, provided the home has been documented
by the social worker or probation officer as being suited to the
needs of the child and the child is otherwise eligible for federal
financial participation in the AFDC-FC payment.
(b) (1) The licensed family home of a nonrelative.
(2) The nonlicensed home of a nonrelative extended family home,
when the child is placed pursuant to Section 362.7.
(c) A licensed group home, as defined in subdivision (h) of
Section 11400, provided that the placement worker has documented that
the placement is necessary to meet the treatment needs of the child
and that the facility offers those treatment services.
(d) The home of a nonrelated legal guardian or the home of a
former nonrelated legal guardian when the guardianship of a child who
is otherwise eligible for AFDC-FC has been dismissed due to the
child's attaining 18 years of age.
(e) A home which has been certified by a social worker or
probation officer as meeting licensing standards, provided that a
family home license has been applied for and has not been denied.
(f) An exclusive-use home.
(g) A licensed transitional housing placement facility as
described in Health and Safety Code Section 1559.110 and as defined
in Section 11400.
(h) An out-of-state group home, provided that the placement
worker, in addition to complying with all other statutory
requirements for placing a minor in an out-of-state group home,
documents that the requirements of Section 7911.1 of the Family Code
have been met.
SEC. 59. Section 11404.5 of the Welfare and Institutions Code is
repealed.
SEC. 60. Section 11461 of the Welfare and Institutions Code is
amended to read:
11461. (a) For children placed in a licensed or approved family
home with a capacity of six or less, or in an approved home of a
relative or nonrelated legal guardian, the per child per month rates
in the following schedule shall be in effect for the period July 1,
1989, through December 31, 1989:
Age Basic rate
0-4 ....................... $ 294
5-8 ....................... 319
9-11 ...................... 340
12-14 ...................... 378
15-20 ...................... 412
(b) (1) Any county that, as of October 1, 1989, has in effect a
basic rate that is at the levels set forth in the schedule in
subdivision (a), shall continue to receive state participation, as
specified in subdivision (c) of Section 15200, at these levels.
(2) Any county that, as of October 1, 1989, has in effect a basic
rate that exceeds a level set forth in the schedule in subdivision
(a), shall continue to receive the same level of state participation
as it received on October 1, 1989.
(c) The amounts in the schedule of basic rates in subdivision (a)
shall be adjusted as follows:
(1) Effective January 1, 1990, the amounts in the schedule of
basic rates in subdivision (a) shall be increased by 12 percent.
(2) Effective May 1, 1990, any county that did not increase the
basic rate by 12 percent on January 1, 1990, shall do both of the
following:
(A) Increase the basic rate in effect December 31, 1989, for which
state participation is received by 12 percent.
(B) Increase the basic rate, as adjusted pursuant to subparagraph
(A) by an additional 5 percent.
(3) (A) Except as provided in subparagraph (B), effective July 1,
1990, for the 1990-91 fiscal year, the amounts in the schedule of
basic rates in subdivision (a) shall be increased by an additional 5
percent.
(B) The rate increase required by subparagraph (A) shall not be
applied to rates increased May 1, 1990, pursuant to paragraph (2).
(4) Effective July 1, 1998, the amounts in the schedule of basic
rates in subdivision (a) shall be increased by 6 percent.
Notwithstanding any other provision of law, the 6-percent increase
provided for in this paragraph shall, retroactive to July 1, 1998,
apply to every county, including any county to which paragraph (2) of
subdivision (b) applies, and shall apply to foster care for every
age group.
(5) Notwithstanding any other provision of law, any increase that
takes effect after July 1, 1998, shall apply to every county,
including any county to which paragraph (2) of subdivision (b)
applies, and shall apply to foster care for every age group.
(6) The increase in the basic foster family home rate shall apply
only to children placed in a licensed foster family home receiving
the basic rate or in an approved home of a relative or nonrelated
legal guardian receiving the basic rate. The increased rate shall
not be used to compute the monthly amount that may be paid to
licensed foster family agencies for the placement of children in
certified foster homes.
(d) (1) Beginning with the 1991-92 fiscal year, the schedule of
basic rates in subdivision (a) shall be adjusted by the percentage
changes in the California Necessities Index, computed pursuant to the
methodology described in Section 11453, subject to the availability
of funds.
(2) Any county that, as of the 1991-92 fiscal year, receives state
participation for a basic rate that exceeds the amount set forth in
the schedule of basic rates in subdivision (a) shall receive an
increase each year in state participation for that basic rate of
one-half of the percentage adjustments specified in paragraph (1)
until the difference between the county's adjusted state
participation level for its basic rate and the adjusted schedule of
basic rates is eliminated.
(3) If a county has, after receiving the adjustments specified in
paragraph (2), a state participation level for a basic rate that is
below the amount set forth in the adjusted schedule of basic rates
for that fiscal year, the state participation level for that rate
shall be further increased to the amount specified in the adjusted
schedule of basic rates.
(e) (1) As used in this section, "specialized care increment"
means an approved amount paid with state participation on behalf of
an AFDC-FC child requiring specialized care to a home listed in
subdivision (a) in addition to the basic rate. On the effective date
of this section, the department shall continue and maintain the
current ratesetting system for specialized care.
(2) Any county that, as of the effective date of this section, has
in effect specialized care increments that have been approved by the
department, shall continue to receive state participation for those
payments.
(3) Any county that, as of the effective date of this section, has
in effect specialized care increments that exceed the amounts that
have been approved by the department, shall continue to receive the
same level of state participation as it received on the effective
date of this section.
(4) (A) Except for subparagraph (B), beginning January 1, 1990,
specialized care increments shall be adjusted in accordance with the
methodology for the schedule of basic rates described in subdivision
(c). No county shall receive state participation for any increases
in a specialized care increment which exceeds the adjustments made in
accordance with this methodology.
(B) Notwithstanding subdivision (e) of Section 11460, for the
1993-94 fiscal year, an amount equal to 5 percent of the State
Treasury appropriation for family homes shall be added to the total
augmentation for the AFDC-FC program in order to provide incentives
and assistance to counties in the area of specialized care. This
appropriation shall be used, but not limited to, encouraging counties
to implement or expand specialized care payment systems, to recruit
and train foster parents for the placement of children with
specialized care needs, and to develop county systems to encourage
the placement of children in family homes. It is the intent of the
Legislature that in the use of these funds, federal financial
participation shall be claimed whenever possible.
(f) (1) As used in this section, "clothing allowance" means the
amount paid with state participation in addition to the basic rate
for the provision of additional clothing for an AFDC-FC child,
including, but not limited to, an initial supply of clothing and
school or other uniforms.
(2) Any county that, as of the effective date of this section, has
in effect clothing allowances, shall continue to receive the same
level as it received on the effective date of this section.
(3) Beginning January 1, 1990, clothing allowances shall be
adjusted annually in accordance with the methodology for the schedule
of basic rates described in subdivision (c). No county shall be
reimbursed for any increases in clothing allowances which exceed the
adjustments made in accordance with this methodology.
SEC. 61. Section 11462 of the Welfare and Institutions Code is
amended to read:
11462. (a) (1) Effective July 1, 1990, foster care providers
licensed as group homes, as defined in departmental regulations,
including public child care institutions, as defined in Section
11402.5, shall have rates established by classifying each group home
program and applying the standardized schedule of rates. The
department shall collect information from group providers beginning
January 1, 1990, in order to classify each group home program.
(2) Notwithstanding paragraph (1), foster care providers licensed
as group homes shall have rates established only if the group home is
organized and operated on a nonprofit basis as required under
subdivision (h) of Section 11400. The department shall terminate the
rate effective January 1, 1993, of any group home not organized and
operated on a nonprofit basis as required under subdivision (h) of
Section 11400.
(b) A group home program shall be initially classified, for
purposes of emergency regulations, according to the level of care and
services to be provided using a point system developed by the
department and described in the report, "The Classification of Group
Home Programs under the Standardized Schedule of Rates System,"
prepared by the State Department of Social Services, August 30, 1989.
(c) The rate for each rate classification level (RCL) has been
determined by the department with data from the AFDC-FC Group Home
Rate Classification Pilot Study. The rates effective July 1, 1990,
were developed using 1985 calendar year costs and reflect adjustments
to the costs for each fiscal year, starting with the 1986-87 fiscal
year, by the amount of the California Necessities Index computed
pursuant to the methodology described in Section 11453. The data
obtained by the department using 1985 calendar year costs shall be
updated and revised by January 1, 1993.
(d) As used in this section, "standardized schedule of rates"
means a listing of the 14 rate classification levels, and the single
rate established for each RCL.
(e) Except as specified in paragraph (1), the department shall
determine the RCL for each group home program on a prospective basis,
according to the level of care and services that the group home
operator projects will be provided during the period of time for
which the rate is being established.
(1) (A) For new and existing providers requesting the
establishment of an RCL, and for existing group home programs
requesting an RCL increase, the department shall determine the RCL no
later than 13 months after the effective date of the provisional
rate. The determination of the RCL shall be based on a program audit
of documentation and other information that verifies the level of
care and supervision provided by the group home program during a
period of the two full calendar months or 60 consecutive days,
whichever is longer, preceding the date of the program audit, unless
the group home program requests a lower RCL. The program audit shall
not cover the first six months of operation under the provisional
rate. Pending the department's issuance of the program audit report
that determines the RCL for the group home program, the group home
program shall be eligible to receive a provisional rate that shall be
based on the level of care and service that the group home program
proposes it will provide. The group home program shall be eligible
to receive only the RCL determined by the department during the
pendency of any appeal of the department's RCL determination.
(B) A group home program may apply for an increase in its RCL no
earlier than two years from the date the department has determined
the group home program's rate, unless the host county, the primary
placing county, or a regional consortium of counties submits to the
department in writing that the program is needed in that county, that
the provider is capable of effectively and efficiently operating the
proposed program, and that the provider is willing and able to
accept AFDC-FC children for placement who are determined by the
placing agency to need the level of care and services that will be
provided by the program.
(C) To ensure efficient administration of the department's audit
responsibilities, and to avoid the fraudulent creation of records,
group home programs shall make records that are relevant to the RCL
determination available to the department in a timely manner. Except
as provided in this section, the department may refuse to consider,
for purposes of determining the rate, any documents that are relevant
to the determination of the RCL that are not made available by the
group home provider by the date the group home provider requests a
hearing on the department's RCL determination. The department may
refuse to consider for purposes of determining the rate, the
following records, unless the group home provider makes the records
available to the department during the field work portion of the
department's program audit:
(i) Records of each employee's full name, home address,
occupation, and social security number.
(ii) Time records showing when the employee begins and ends each
work period, meal periods, split shift intervals, and total daily
hours worked.
(iii) Total wages paid each payroll period.
(iv) Records required to be maintained by licensed group home
providers under the provisions of Title 22 of the California Code of
Regulations that are relevant to the RCL determination.
(D) To minimize financial abuse in the startup of group home
programs, when the department's RCL determination is more than three
levels lower than the RCL level proposed by the group home provider,
and the group home provider does not appeal the department's RCL
determination, the department shall terminate the rate of a group
home program 45 days after issuance of its program audit report.
When the group home provider requests a hearing on the department's
RCL determination, and the RCL determined by the director under
subparagraph (E) is more than three levels lower than the RCL level
proposed by the group home provider, the department shall terminate
the rate of a group home program within 30 days of issuance of the
director's decision. Notwithstanding the reapplication provisions in
subparagraph (B), the department shall deny any request for a new or
increased RCL from a group home provider whose RCL is terminated
pursuant to this subparagraph, for a period of no greater than two
years from the effective date of the RCL termination.
(E) A group home provider may request a hearing of the department'
s RCL determination under subparagraph (A) no later than 30 days
after the date the department issues its RCL determination. The
department's RCL determination shall be final if the group home
provider does not request a hearing within the prescribed time.
Within 60 days of receipt of the request for hearing, the department
shall conduct a hearing on the RCL determination. The standard of
proof shall be the preponderance of the evidence and the burden of
proof shall be on the department. The hearing officer shall issue
the proposed decision within 45 days of the close of the evidentiary
record. The director shall adopt, reject, or modify the proposed
decision, or refer the matter back to the hearing officer for
additional evidence or findings within 100 days of issuance of the
proposed decision. If the director takes no action on the proposed
decision within the prescribed time, the proposed decision shall take
effect by operation of law.
(2) Group home programs that fail to maintain at least the level
of care and services associated with the RCL upon which their rate
was established shall inform the department. The department shall
develop regulations specifying procedures to be applied when a group
home fails to maintain the level of services projected, including,
but not limited to, rate reduction and recovery of overpayments.
(3) The department shall not reduce the rate, establish an
overpayment, or take other actions pursuant to paragraph (2) for any
period that a group home program maintains the level of care and
services associated with the RCL for children actually residing in
the facility. Determinations of levels of care and services shall be
made in the same way as modifications of overpayments are made
pursuant to paragraph (2) of subdivision (b) of Section 11466.2.
(4) A group home program that substantially changes its staffing
pattern from that reported in the group home program statement shall
provide notification of this change to all counties that have placed
children currently in care. This notification shall be provided
whether or not the RCL for the program may change as a result of the
change in staffing pattern.
(f) The standardized schedule of rates for fiscal year 1998-99 is:
Rate Point Ranges FY 1998-99
Classification Standard
Level Rate 1
Under 60
$1,254 2 60- 89 1,567
3 90-119 1,879 4
120-149 2,191 5 150-179
2,502 6 180-209 2,815
7 210-239 3,127 8
240-269 3,440 9 270-299
3,751 10 300-329 4,064
11 330-359 4,375 12
360-389 4,688 13 390-419
5,003 14 420 & Up 5,314
(g) (1) For the 1999-2000 fiscal year, the standardized rate for
each RCL shall be adjusted by an amount equal to the California
Necessities Index computed pursuant to the methodology described in
Section 11453. The resultant amounts shall constitute the new
standardized schedule of rates.
(2) Beginning with the 2000-01 fiscal year, the standardized
schedule of rates shall be adjusted annually by an amount equal to
the CNI computed pursuant to Section 11453, subject to the
availability of funds. The resultant amounts shall constitute the
new standardized schedule of rates.
(h) The standardized schedule of rates pursuant to subdivisions
(f) and (g) shall be implemented as follows:
(1) Any group home program which received an AFDC-FC rate in the
prior fiscal year at or above the standard rate for the RCL in the
current fiscal year shall continue to receive that rate.
(2) Any group home program which received an AFDC-FC rate in the
prior fiscal year below the standard rate for the RCL in the current
fiscal year shall receive the RCL rate for the current year.
(i) (1) The department shall not establish a rate for a new
program of a new or existing provider unless the provider submits a
recommendation from the host county, the primary placing county, or a
regional consortium of counties that the program is needed in that
county; that the provider is capable of effectively and efficiently
operating the program; and that the provider is willing and able to
accept AFDC-FC children for placement who are determined by the
placing agency to need the level of care and services that will be
provided by the program.
(2) The department shall encourage the establishment of consortia
of county placing agencies on a regional basis for the purpose of
making decisions and recommendations about the need for, and use of,
group home programs and other foster care providers within the
regions.
(3) The department shall annually conduct a county-by-county
survey to determine the unmet placement needs of children placed
pursuant to Section 300 and Section 601 or 602, and shall publish its
findings by November 1 of each year.
(j) The department shall develop regulations specifying
ratesetting procedures for program expansions, reductions, or
modifications, including increases or decreases in licensed capacity,
or increases or decreases in level of care or services.
(k) (1) For the purpose of this subdivision, "program change"
means any alteration to an existing group home program planned by a
provider that will increase the RCL or AFDC-FC rate. An increase in
the licensed capacity or
other alteration to an existing group home program that does not
increase the RCL or AFDC-FC rate shall not constitute a program
change.
(2) For the 1998-99 fiscal year, the rate for a group home program
shall not increase, as the result of a program change, from the rate
established for the program effective July 1, 1998, except as
provided in paragraph (3).
(3) (A) For the 1998-99 fiscal year, the department shall not
establish a rate for a new program of a new or existing provider or
approve a program change for an existing provider that either
increases the program's RCL or AFDC-FC rate, or increases the
licensed capacity of the program as a result of decreases in another
program with a lower RCL or lower AFDC-FC rate that is operated by
that provider, unless both of the conditions specified in this
paragraph are met.
(i) The licensee obtains a letter of recommendation from the host
county, primary placing county, or regional consortium of counties
regarding the proposed program change or new program.
(ii) The county determines that there is no increased cost to the
General Fund.
(B) Notwithstanding subparagraph (A), the department may grant a
request for a new program or program change, not to exceed 25 beds,
statewide, if (i) the licensee obtains a letter of recommendation
from the host county, primary placing county, or regional consortium
of counties regarding the proposed program change or new program, and
(ii) the new program or program change will result in a reduction of
referrals to state hospitals during the 1998-99 fiscal year.
(l) General unrestricted or undesignated private charitable
donations and contributions made to charitable or nonprofit
organizations shall not be deducted from the cost of providing
services pursuant to this section. The donations and contributions
shall not be considered in any determination of maximum expenditures
made by the department.
(m) The department shall, by October 1 each year, commencing
October 1, 1992, provide the Joint Legislative Budget Committee with
a list of any new departmental requirements established during the
previous fiscal year concerning the operation of group homes, and of
any unusual, industrywide increase in costs associated with the
provision of group care which may have significant fiscal impact on
providers of group homes care. The committee may, in fiscal year
1993-94 and beyond, use the list to determine whether an
appropriation for rate adjustments is needed in the subsequent fiscal
year.
SEC. 62. Section 11463 of the Welfare and Institutions Code is
amended to read:
11463. (a) The department, with the advice, assistance, and
cooperation of the counties and foster care providers, shall develop,
implement, and maintain a ratesetting system for foster family
agencies.
No county shall be reimbursed for any percentage increases in
payments, made on behalf of AFDC-FC funded children who are placed
with foster family agencies, which exceed the percentage
cost-of-living increase provided in any fiscal year beginning on
January 1, 1990, as specified in subdivision (c) of Section 11461.
(b) The department shall develop regulations specifying the
purposes, types, and services of foster family agencies, including
the use of those agencies for the provision of emergency shelter
care. Distinction for ratesetting purposes shall be drawn between
foster family agencies which provide treatment of children in foster
families and those which provide nontreatment services.
(c) The department shall develop and maintain regulations
specifying the procedure for the appeal of department decisions
about the setting of an agency's rate.
(d) On and after July 1, 1998, the schedule of rates, and the
components used in the rate calculations specified in the department'
s regulations, for foster family agencies shall be increased by 6
percent, rounded to the nearest dollar. The resultant amounts shall
constitute the new schedule of rates for foster family agencies.
SEC. 63. Section 11465 of the Welfare and Institutions Code is
amended to read:
11465. (a) When a child is living with a parent who receives
AFDC-FC benefits, the rate paid to the provider on behalf of the
parent shall include an amount for care and supervision of the child.
(b) For each category of eligible licensed community care
facility, as defined in Section 1502 of the Health and Safety Code,
the department shall adopt regulations setting forth a uniform rate
to cover the cost of care and supervision of the child in each
category of eligible licensed community care facility.
(c) (1) On and after July 1, 1998, the uniform rate to cover the
cost of care and supervision of a child pursuant to this section
shall be increased by 6 percent, rounded to the nearest dollar. The
resultant amounts shall constitute the new uniform rate.
(2) Subject to the availability of funds, for the 1999-2000 fiscal
year and annually thereafter, these rates shall be adjusted for cost
of living pursuant to procedures in Section 11453.
SEC. 64. Section 11466.21 is added to the Welfare and Institutions
Code, to read:
11466.21. (a) (1) In accordance with subdivision (b), as a
condition to receive an AFDC-FC rate for a group home program or a
foster family agency program that provides treatment services, the
provider shall arrange to have a financial audit conducted on an
annual basis.
(2) The scope of the financial audit shall include all of the
programs and activities operated by the provider and shall not be
limited to those funded in whole or in part by the AFDC-FC program.
The financial audits shall include, but not be limited to, an
evaluation of the accounting and control systems of the provider.
(3) The provider shall have its financial audit made by certified
public accountants or by state-licensed public accountants who have
no direct or indirect relationship with the functions or activities
being audited, or with the provider, its board of directors,
officers, or staff.
(4) The provider shall have its financial audits made using
generally accepted auditing standards applicable to private entities
organized and operated on a nonprofit basis.
(5) (A) Each provider shall have the flexibility to define the
calendar months included in its fiscal year.
(B) A provider may change the definition of its fiscal year.
However, the financial audit conducted following the change shall
cover all of the months since the last audit, even though this may
cover a period that exceeds 12 months.
(b) (1) Except as provided for in paragraph (3), as a condition to
receive an AFDC-FC rate that becomes effective on or after July 1,
1999, a provider shall submit a copy of its most recent financial
audit as a component of any rate application, including an annual
rate application, an application for a rate for a new program of an
existing or new provider, an application for a change in a program's
rate classification level, and an application for a program change.
(2) A rate application shall not be considered complete until and
unless the most recent financial audit of the provider is submitted
to the department.
(3) (A) For the period July 1, 1999, through June 30, 2000, a new
provider that was incorporated on or after October 1, 1997, shall not
be required to submit a copy of a financial audit as a component of
its application for an AFDC-FC rate for a new program.
(B) Effective July 1, 2000, a new provider that has been
incorporated for fewer than 12 calendar months shall not be required
to submit a copy of a financial audit as a component of its
application for an AFDC-FC rate for a new program.
(c) (1) The department shall develop regulations establishing a
process for group home and foster family agency providers, with a
total licensed capacity of 12 or fewer persons, to apply for and
receive financial assistance for the conduct of the annual financial
audit. In recognition of the fact that the costs of a financial
audit will be higher for small providers, relative to their revenues
and expenditures, than they will be for larger providers, financial
assistance shall be provided on a sliding scale basis to offset the
costs of the audit. An eligible provider may receive up to two
thousand five hundred dollars ($2,500) annually, or one-half of the
actual costs of the financial audit, whichever is less. The
department shall implement this subdivision through the adoption of
emergency regulations.
SEC. 65. Section 11467 of the Welfare and Institutions Code is
repealed.
SEC. 66. Chapter 2.5 (commencing with Section 16160) is added to
Part 4 of Division 9 of the Welfare and Institutions Code, to read:
CHAPTER 2.5. FOSTER CHILD OMBUDSMAN PROGRAM
16160. The Legislature finds and declares that the people of
California have benefited from the establishment of a long-term care
ombudsperson pursuant to Section 9710 of the Welfare and Institutions
Code and a child care ombudsperson program pursuant to Section
1596.872a of the Health and Safety Code. It is the intent of the
Legislature to provide similar protections for foster children by
establishing a foster care ombudsperson program within the State
Department of Social Services.
16161. The Office of the State Foster Care Ombudsperson shall be
established as an autonomous entity within the department for the
purpose of providing children who are placed in foster care, either
voluntarily or pursuant to Section 300 and Sections 600 and
following, with a means to resolve issues related to their care,
placement, or services.
16162. The director, in consultation with a committee of
interested individuals, shall appoint an ombudsperson qualified by
training and experience to perform the duties of the office for a
term of two years. The director shall select the committee members,
the majority of whom shall be representatives of children's advocacy
organizations and current or former foster youth.
16163. The department shall hire the necessary personnel to
perform the functions of the office. Priority shall be given to
former foster youth in hiring decisions.
16164. The Office of the State Foster Care Ombudsperson shall do
all of the following:
(a) Disseminate information on the rights of children and youth in
foster care and the services provided by the office. The
information shall include notification that conversations with the
office may not be confidential.
(b) Investigate and attempt to resolve complaints made by or on
behalf of children placed in foster care, related to their care,
placement, or services.
(c) Decide, in its discretion, whether to investigate a complaint,
or refer complaints to another agency for investigation.
(d) Upon rendering a decision to investigate a complaint from a
complainant, notify the complainant of the intention to investigate.
If the office declines to investigate a complaint or continue an
investigation, the office shall notify the complainant of the reason
for the action of the office.
(e) Update the complainant on the progress of the investigation
and notify the complainant of the final outcome.
(f) Document the number, source, origin, location, and nature of
complaints.
(g) Compile and make available to the Legislature all data
collected over the course of the year including, but not limited to,
the number of contacts to the toll-free telephone number, the number
of complaints made, the number of investigations performed by the
office, the number of referrals made, and the number of unresolved
complaints.
(h) Have access to any record of a state or local agency that is
necessary to carry out his or her responsibilities, and may meet or
communicate with any foster child in his or her placement or
elsewhere.
16165. In his or her efforts to resolve complaints related to
foster care, the ombudsperson may do all of the following:
(a) Conduct whatever investigation he or she deems necessary.
(b) Attempt to resolve the complaint informally.
(c) Submit a written plan to the relevant state or county agency
recommending a course of action to resolve the complaint. If the
ombudsperson makes a written recommendation, the state or county
agency shall submit a written response to the ombudsperson within 30
business days.
16167. (a) A toll-free number shall be established for the
office.
(b) Social workers shall provide foster children with the
toll-free number for the office and verbal or written information
regarding the existence and purpose of the office.
SEC. 67. Section 16501.1 of the Welfare and Institutions Code is
amended to read:
16501.1. (a) The Legislature finds and declares that the
foundation and central unifying tool in child welfare services is the
case plan.
(b) The Legislature further finds and declares that a case plan
ensures that the child receives protection and proper case
management, and that services are provided to the parents or other
caretakers as appropriate. A case plan shall be based upon the
principles of this section and shall document that a preplacement
assessment of the service needs of the child and family, and
preplacement preventive services, have been provided, and that
reasonable efforts to prevent out-of-home placement have been made.
(c) When out-of-home placement is used to attain case plan goals,
the decision regarding choice of placement shall be based upon
selection of the least restrictive or most familylike and most
appropriate setting and selection of the environment best suited to
meet the child's special needs and best interests, or both. The
selection shall consider, in order of priority, placement with
relatives, tribal members, and foster family, group care, and
residential treatment pursuant to Section 7950 of the Family Code.
(d) A written case plan shall be completed within 30 days of the
initial removal of the child or of the in-person response required
under subdivision (f) of Section 16501 if the child has not been
removed from his or her home, or by the date of the dispositional
hearing pursuant to Section 358, whichever occurs first. The case
plan shall be updated, as the service needs of the child and family
dictate. At a minimum, the case plan shall be updated in conjunction
with each status review hearing conducted pursuant to Section
366.21, and the hearing conducted pursuant to Section 366.25 or
366.26, but no less frequently than once every six months.
(e) The child welfare services case plan shall be comprehensive
enough to meet the juvenile court dependency proceedings requirements
pursuant to Article 6 (commencing with Section 300) of Chapter 2 of
Part 1 of Division 2.
(f) The case plan shall be developed as follows:
(1) The case plan shall be based upon an assessment of the
circumstances which required child welfare services intervention.
(2) The case plan shall identify specific goals, and the
appropriateness of the planned services in meeting those goals.
(3) The case plan shall identify the original allegations of abuse
or neglect, as defined in Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
conditions cited as the basis for declaring the child a dependent of
the court pursuant to Section 300, or all of these, and the other
precipitating incidents which led to child welfare services
intervention.
(4) The case plan shall include a description of the schedule of
the social worker contacts with the child and the family or other
caretakers. The frequency of these contacts shall be in accordance
with regulations adopted by the State Department of Social Services.
If the child has been placed in foster care out-of-state, the county
social worker or a social worker on the staff of the social service
agency in the state in which the child has been placed shall visit
the child in a foster family home or the home of a relative at least
every 12 months and submit a report to the court on each visit. For
children in out-of-state group home facilities, visits shall be
conducted at least monthly, pursuant to Section 16516.5.
(5) When out-of-home services are used, the frequency of contact
between the natural parents or legal guardians and the child shall be
specified in the case plan. The frequency of those contacts shall
reflect overall case goals, and consider other principles outlined in
this section.
(6) When out-of-home placement is made, the case plan shall
include documentation of the provisions specified in subdivisions
(b), (c), and (d) of Section 16002.
(7) When out-of-home placement is made in a foster family home,
group home or other child care institution that is either a
substantial distance from the home of the child's parent or out of
state, the case plan shall specify the reasons why that placement is
in the best interests of the child. When an out-of-state group home
placement is recommended or made, the case plan shall, in addition,
specify compliance with Section 7911.1 of the Family Code.
(8) When out-of-home services are used, the case plan shall
include a recommendation regarding the appropriateness of
unsupervised visitation between the child and any of the child's
siblings. This recommendation shall include a statement regarding
the child's and the siblings' willingness to participate in
unsupervised visitation. If the case plan includes a recommendation
for unsupervised sibling visitation, the plan shall also note that
information necessary to accomplish this visitation has been provided
to the child or to the child's siblings.
(9) When out-of-home services are used and the goal is
reunification, the case plan shall describe the services to be
provided to assist in reunification and the services to be provided
concurrently to achieve legal permanency if efforts to reunify fail.
(10) (A) Parents and legal guardians shall have an opportunity to
review the case plan, sign it whenever possible, and then shall
receive a copy of the plan. In any voluntary service or placement
agreement, the parents or legal guardians shall be required to review
and sign the case plan. Whenever possible, parents and legal
guardians shall participate in the development of the case plan.
(B) Parents and legal guardians shall be advised that, pursuant to
Section 1228.1 of the Evidence Code, neither their signature on the
child welfare services case plan nor their acceptance of any services
prescribed in the child welfare services case plan shall constitute
an admission of guilt or be used as evidence against the parent or
legal guardian in a court of law. However, they shall also be
advised that the parent's or guardian's failure to cooperate, except
for good cause, in the provision of services specified in the child
welfare services case plan may be used in any hearing held pursuant
to Section 366.21 or 366.22 as evidence.
(11) The case plan shall be included in the court report and shall
be considered by the court at the initial hearing and each review
hearing. Modifications to the case plan made during the period
between review hearings need not be approved by the court if the
casework supervisor for that case determines that the modifications
further the goals of the plan.
(g) If the court finds, after considering the case plan, that
unsupervised sibling visitation is appropriate and has been consented
to, the court shall order that the child or the child's siblings be
provided with information necessary to accomplish this visitation.
Nothing in this section shall be construed to require or prohibit the
probation officer's facilitation, transportation, or supervision of
visits between the child and his or her siblings.
(h) The case plan documentation on sibling placements required
under this section shall not require modification of existing case
plan forms until the Child Welfare Services Case Management System is
implemented on a statewide basis.
(i) The department, in consultation with the County Welfare
Directors Association and other advocates, shall develop standards
and guidelines for a model relative placement search and assessment
process based on the criteria established in Section 361.3. These
guidelines shall be incorporated in the training described in Section
16206. These model standards and guidelines shall be developed by
March 1, 1999.
SEC. 68. Section 16501.2 is added to the Welfare and Institutions
Code, to read:
16501.2. (a) The Legislature finds and declares all of the
following:
(1) Safety, stability, and the permanence of families in the child
welfare system are of paramount importance.
(2) Ongoing assessments that build on the strength of the child
and family unit, and that identify desired outcomes, are critical in
the development of appropriate case plans for children.
(3) If it is necessary to place a child in out-of-home care, the
use of a formal child and family assessment can enhance the
appropriateness of placement and the identification and delivery of
services necessary to meet the child's needs and strengths,
consistent with case plan goals.
(b) On or before December 31, 1998, the department shall issue to
all county placing agencies and the courts, current best practice
guidelines for the assessment of a child and the child's family unit.
The guidelines shall include recommended methods for gathering
certain background information on the child and the child's family
unit, identifying appropriate services for the case plan, and methods
of monitoring and reassessing the case plan to best meet case plan
goals. For children placed in group homes or foster family agencies,
the guidelines shall include methods for identifying appropriate
placement options, and monitoring the services provided by the group
home or foster family agency to best address the strengths and needs
of the child and the child's family unit.
(c) (1) The department shall conduct a pilot project to test the
effectiveness of utilizing best practice standards for the assessment
of children and families receiving child welfare and foster care
services, for the purpose of identifying the strengths and needs of
the family and the child, developing and monitoring appropriate case
plans, and determining appropriate services.
(2) The pilot project shall meet all of the following conditions:
(A) On or before July 1, 1999, the department shall solicit
participation in the pilot project by counties, and, to the extent
possible, provide for broad geographical representation. On or
before September 1, 1999, the department shall select pilot counties
and begin operation of the pilot project.
(B) The pilot project shall use an assessment protocol or process
developed by the department in collaboration with county agencies and
other stakeholders.
(C) The pilot project shall be evaluated independently to judge
the effectiveness of the assessment protocol or instrument, including
whether the assessment provides adequate background data on the
child and the child's family unit, improves achievement of case plan
goals, is judged useful to the counties and service providers, and
can be applied with ease.
(D) For children placed in group homes or foster family agencies,
the assessment protocol or process developed pursuant to subparagraph
(B) shall identify the strengths and needs of the child to be met by
the placement program and methods for monitoring the delivery of
services by the placement agencies.
(E) The assessment shall be sensitive to the ethnic and linguistic
background of the children and families being assessed, and shall
include, but not be limited to, the child's age, previous placement
history, specific indicators, including living situation, social
situation, medical situation, educational situation, vocational
situation, emotional situation, behavioral situation, and legal,
cultural, and religious history, and areas and activities of
interest.
(d) In collaboration with county agencies and other stakeholders,
and based on the results of the pilot project described in this
section, the department shall develop a formal assessment process for
children receiving foster care and child welfare services. On or
before May 1, 2001, the department shall inform the Legislature on
the status of the pilot project described in this section, and the
proposed assessment protocol or process with recommendations for its
implementation, including incorporation of the assessment process
into the child welfare services case management system.
(e) Upon satisfactory completion of the pilot project described in
this section, and development of a formal assessment instrument or
process, the department, in collaboration with representatives of
county placing agencies, training academies, and the California
Social Work Education Center, shall integrate training and technical
assistance on the family assessment guidelines into the curriculum of
the regional training academies.
SEC. 69. Section 16516.5 is added to the Welfare and Institutions
Code, to read:
16516.5. (a) Notwithstanding any other provision of law or
regulation, all foster children placed in group homes by county
welfare departments or county probation departments shall be visited
at least monthly by a county social worker or probation officer.
(b) Notwithstanding Section 10101, the state shall pay 100 percent
of the nonfederal costs associated with the monthly visitation
requirement in subdivision (a) in excess of the minimum semiannual
visits required under current regulations.
SEC. 70. Section 18358.30 of the Welfare and Institutions Code is
amended to read:
18358.30. (a) Rates for foster family agency programs
participating under this chapter shall be exempt from the current
AFDC-FC foster family agency ratesetting system.
(b) Rates for foster family agency programs participating under
this chapter shall be set according to the appropriate service and
rate level based on the level of services provided to the eligible
child and the certified foster family. For an eligible child placed
from a group home program, the service and rate level shall not
exceed the rate paid for group home placement. For an eligible child
assessed by the county interagency review team as at imminent risk
of group home placement or psychiatric hospitalization, the
appropriate service and rate level for the child shall be determined
by the interagency review team at time of placement. In all of the
service and rate levels, the foster family agency programs shall:
(1) Provide social
work services with average caseloads not to exceed eight children
per worker, except that social worker average caseloads for children
in Service and Rate Level E shall not exceed 12 children per worker.
(2) Pay an amount of one thousand two hundred dollars ($1,200) per
child per month to the certified foster parent or parents.
(3) Perform activities necessary for the administration of the
programs, including, but not limited to, training, recruitment,
certification, and monitoring of the certified foster parents.
(4) (A) (i) Provide a minimum average range of service per month
for children in each service and rate level in a participating foster
family agency, represented by paid employee hours incurred by the
participating foster family agency, by the in-home support counselor
to the eligible child and the certified foster parents depending on
the needs of the child and according to the following schedule:
Service In-Home Support
and Counselor Hours
Rate Level Per Month
A 98-114 hours
B 81- 97 hours
C 64- 80 hours
D 47- 63 hours
(ii) Children placed at Service and Rate Level E shall receive
crisis intervention and other support services on a flexible, as
needed, basis from an in-home support counselor. The foster family
agency shall provide one full-time in-home support counselor for
every 20 children placed at this level.
(B) When the interagency review team and the foster family agency
agree that alternative services are in the best interests of the
child, the foster family agency may provide the following types of
services in lieu of in-home support services required by subparagraph
(A):
(i) Therapy.
(ii) Behavior modification services.
(iii) Support counselor services.
(iv) Psychotropic medication and monitoring.
(v) Respite services.
(vi) Family therapy to aid in family reunification.
(vii) Education liaison services to maintain the child in the
classroom.
(c) The department or placing county, or both, may review the
level of services provided by the foster family agency program. If
the level of services actually provided are less than those required
by subdivision (b) for the child's service and rate level, the rate
shall be adjusted to reflect the level of service actually provided,
and an overpayment may be established and recovered by the
department.
(d) (1) On and after July 1, 1998, the standard rate schedule of
service and rate levels shall be:
Service Fiscal Year
and 1998-99
Rate Level Standard Rate
A $3,957
B $3,628
C $3,290
D $2,970
E $2,639
(2) Beginning with the 1999-2000 fiscal year, the standardized
schedule of rates shall be adjusted annually by an amount equal to
the California Necessities Index computed pursuant to Section 11453,
subject to the availability of funds. The resultant amounts shall
constitute the new standard rate schedule for foster family agency
programs participating under this chapter.
(e) Rates for foster family agency programs participating under
this chapter shall not exceed Service and Rate Level A at any time
during an eligible child's placement. An eligible child may be
initially placed in a participating intensive foster care program at
any one of the five Service and Rate Levels A to E, inclusive, and
thereafter placed at any level, either higher or lower, not to exceed
a total of six months at any level other than Service and Rate Level
E, unless it is determined to be in the best interests of the child
by the child's county interagency review team and the child's
certified foster parents. The child's interagency county interagency
placement review team may, through a formal review of the child's
placement, extend the placement of an eligible child in a service and
rate level higher than Service and Rate Level E for additional
periods of up to six months each.
(f) It is the intent of the Legislature that the rate paid to
participating foster family agency programs shall decrease as the
child's need for services from the foster family agency decreases.
The foster family agency shall notify the placing county and the
department of the reduced services and the pilot classification
model, and the rate shall be reduced accordingly.
(g) It is the intent of the Legislature to prohibit any
duplication of public funding. Therefore, social worker services,
payments to certified foster parents, administrative activities, and
the services of in-home support counselors that are funded by another
public source shall not be counted in determining whether the foster
family agency program has met its obligations to provide the items
listed in paragraphs (1), (2), (3), and (4) of subdivision (b). The
department shall work with other potentially affected state
departments to ensure that duplication of payment or services does
not occur.
SEC. 71. Chapter 12.86 (commencing with Section 18987.6) is added
to Part 6 of Division 9 of the Welfare and Institutions Code, to
read:
CHAPTER 12.86. CHILDRENS SERVICES PROGRAM DEVELOPMENT
18987.6. It is the intent of the Legislature to do all of the
following:
(a) Permit all counties to provide children with service
alternatives to group home care through the development of expanded
family-based services programs and to expand the capacity of group
homes to provide services appropriate to the changing needs of
children in their care.
(b) Encourage collaboration among persons and entities including,
but not limited to, parents, county welfare departments, county
mental health departments, county probation departments, county
health departments, special education local planning agencies, school
districts, and private service providers for the purpose of planning
and providing individualized services for children and their birth
or substitute families.
(c) Ensure local community participation in the development of
innovative delivery of services by county placing agencies and
service providers and the use of the service resources and expertise
of nonprofit providers to develop family-based and community-based
service alternatives.
18987.61. (a) Each county may enter into performance agreements
with private, nonprofit agencies to encourage innovation in the
delivery of children's services, to develop services not available in
the community, and to promote change in the child welfare services
system.
(b) In developing the agreements, counties and service providers
shall pursue services that enhance the ability of children to remain
in the least restrictive, most family-like setting possible and
promote services that address the needs and strengths of individual
children and their families.
(c) Programs developed pursuant to this section shall operate
within the county, or in another county with the approval of that
county.
(d) Agreements pursuant to subdivision (a) shall be for a period
of up to three years.
(e) A county shall provide a report to the director within three
months of the end of each agreement to report on the details of the
agreement, the results achieved during its operation, and the
applicability of the approach to a wider population. The director
shall make these reports available to the Legislature upon request.
18987.62. (a) Upon request from a county, the director may waive
regulations governing foster care payments or the operation of group
homes to enable counties to implement the agreements established
pursuant to Section 18987.61. Waivers granted by the director shall
be applicable only to services provided under the terms of the
agreement and for the duration of the agreement. A waiver shall only
be granted when all of the following apply:
(1) The agreement promises to offer a worthwhile test of an
innovative approach or to encourage the development of a new service
for which there is a recognized need.
(2) The regulatory requirement prevents the implementation of the
agreement.
(3) The requesting county proposes to monitor the agreement
through performance measures that ensure that the purposes of the
waived regulation will be achieved.
(b) The director shall take steps that are necessary to prevent
the loss of any substantial amounts of federal funds as a result of
the waivers granted under this section. The waiver may specify the
extent to which the requesting county shall share in any cost
resulting from any loss of federal funding.
(c) The director shall not waive regulations that apply to the
health and safety of children served by participating private
agencies.
(d) The director shall notify the appropriate policy and fiscal
committees of the Legislature whenever waivers are granted and when a
waiver of regulations was required for the implementation of the
county's proposed agreement. The director shall identify the reason
why the development of the services outlined by the agreement between
the county and the service provider are hindered by the regulations
to be waived.
SEC. 72. (a) The State Department of Social Services shall convene
a working group of representatives of County Welfare Directors, the
Chief Probation Officers, foster and former foster youth, group home
providers, and other interested parties convene a working group to
develop protocols outlining the roles and responsibilities of placing
agencies and group homes regarding emergency and nonemergency
placements of foster children in group homes.
(b) The department shall submit a report obtained from the working
group containing sample protocols to the appropriate policy and
fiscal committees of the Legislature by May 1, 1999.
(c) The model protocols shall at a minimum address all of the
following:
(1) Relevant information regarding the child and family that
placement workers shall provide to group homes, including health,
mental health, and education information pursuant to Section 16010 of
the Welfare and Institutions Code.
(2) Appropriate orientations to be provided by group homes for
foster children and, if appropriate, their families, after a decision
to place has been made.
(3) County and provider responsibilities in ensuring the child
receives timely access to treatment and services to the extent they
are available identified in the child's case plan and treatment plan,
including multidisciplinary assessments provided in counties
involved in the Systems of Care Program under Part 4 (commencing with
Section 5850) of Division 5 of the Welfare and Institutions Code.
(4) County and provider responsibilities in the periodic
monitoring of foster children to ensure the continued appropriateness
of the placements and the continued progress toward achieving the
case plan and treatment plan goals.
(5) Appropriate mechanisms, timelines, and information sharing
regarding discharge planning.
SEC. 73. The State Department of Social Services may adopt
emergency regulations pursuant to Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code to implement Sections 7911, 7911.1, and 7911.2 of the Family
Code, Sections 1520.1, 1522.02, 1522.04, 1522.41, 1522.42, 1538, and
paragraph (3) of subdivision (a) of Section 1522.43 of the Health and
Safety Code, and Sections 11463, 11465, 16501.1, and 16516.5 of the
Welfare and Institutions Code, and shall adopt emergency regulations
for Section 11462 of the Welfare and Institutions Code, as affected
by this act. The adoption of regulations pursuant to this section
shall be deemed to be an emergency and necessary for the immediate
preservation of the public peace, health, or safety. The regulations
shall become effective immediately upon filing with the Secretary of
State. The regulations shall not remain in effect more than 180
days unless the adopting agency complies with all of the provisions
of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2 of the Government Code, as required by subdivision (e)
of Section 11346.1 of the Government Code.
SEC. 74. The department shall convene a community care facility
law enforcement task force. At the first meeting, the participants
shall identify a chairperson who shall, by March 1, 1999, identify
and recommend to the appropriate policy and fiscal committees of the
Legislature specific statutory and regulatory changes to permit
efficient and effective criminal prosecution of, and to permit
efficient and effective civil recovery of public funds from,
individuals associated with licensed facilities, who are involved in
illegal activities surrounding public funds paid to providers for the
care of, and delivery of services to clients, of community care
facilities. The community care facilities task force shall also make
recommendations regarding the duties of the Fraud Investigation Unit
established by the Budget Act of 1998. Participants in the task
force shall include, but not be limited to, the State Department of
Social Services, the Department of Justice, law enforcement officers,
probation and welfare workers, district attorneys, providers, public
defenders, and current or former foster youths. The task force
shall also evaluate potential consequences of any proposed changes
with respect to group home providers who do not engage in illegal
activities.
SEC. 75. (a) The State Department of Social Services, under the
direction of the Health and Welfare Agency and in collaboration with
appropriate public and private organizations representing state and
county agencies, as well as group homes and foster family agencies,
current or former foster youth, and other interested parties, shall
reexamine the role of out-of-home placements currently available for
children served within the child welfare services system. The focus
of this reexamination shall be the role of group care within a
family-based system of care, including group homes, foster family
agencies or certified parents, and foster family homes or foster
parents. The Legislature finds and declares that the task of
defining the role of group care and establishing the underlying
policy is a critically important step to reforming the current
out-of-home care system. The reexamination process shall be
conducted in collaboration with the primary stakeholders, and shall
be based on empirical research and "best practices" data. The
process shall include gathering research, holding forums, and
entering into partnerships with academia and other stakeholders to
complete the task.
(b) Upon a determination of the role of group care pursuant to the
reexamination required by subdivision (a), the Health and Welfare
Agency shall continue the reexamination to the next phase, which
shall be the development of the related programmatic and
administrative requirements for group care. The necessary supporting
requirements for the development of these programmatic and
administrative requirements shall include, but are not limited to,
the following:
(1) Definition of the needs of children to be served, including
differentiation if appropriate for the unique needs of wards and
dependents.
(2) Program design and standards.
(3) Licensing categories.
(4) Rates and ratesetting procedures.
(5) Performance agreements.
(6) Outcomes, outcome indicators, and performance measures.
(7) Mechanisms to ensure continuous quality improvement.
(8) Related oversight and regulatory scheme.
(c) The Health and Welfare Agency shall, in implementing
subdivision (b), give particular attention to the role of state
licensing in determining quality of care and the need for a new
licensing category or categories to better meet the needs of the
children served. It is the intent of the Legislature that licensing
of group care should not be based on a one-size-fits-all model.
Instead, the needs of children should be foremost and options made
available to effectively serve children who pose a risk of flight or
require treatment interventions currently not available, or both,
such as locked perimeters and structured programs that permit
different housing arrangements, clothing restrictions, visitation
restrictions, and other treatment-based requirements. If it is
determined by the Health and Welfare Agency that such a new licensing
category or categories is immediately necessary to meet the
standards expressed in this section, the Health and Welfare Agency
shall develop and submit proposals to the Legislature in order to
take this action.
(d) The Health and Welfare Agency shall develop a proposal,
including a work plan and timeframes to complete this process, and
submit it to the Legislature by April 1, 1999.
(e) Any proposal or recommendation submitted pursuant to this
section shall not become effective unless enacted pursuant to
statute.
SEC. 76. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution for certain
costs that may be incurred by a local agency or school district
because in that regard this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.
SEC. 77. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
In order to make changes in provisions of law relating to children
placed in foster care, as well as in provisions relating to
facilities licensed by the State Department of Social Services, at
the earliest possible time, it is necessary that this act go into
immediate effect.