BILL ANALYSIS �
AB 2236
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2236 (Maienschein and Stone)
As Amended August 22, 2014
Majority vote
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|ASSEMBLY: |78-0 |(May 28, 2014) |SENATE: | | |
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(vote not available)
Original Committee Reference: HUM. S.
SUMMARY : Revises existing statute authorizing the Department of
Social Services (DSS) to levy fines against community care
facilities (CCF), residential care facilities for the elderly
(RCFE), and child care facilities for violations that constitute
physical abuse or result in serious bodily injury or death.
Specifically, this bill :
1) Establishes, beginning July 1, 2015, a new framework for
civil penalties applicable to violations determined by the
DSS to have resulted in death or serious bodily injury, or
determined by DSS to constitute physical abuse for all
facilities licensed by DSS as follows:
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| Facility type |Size |Serious Bodily |Death |
| | |Injury/ | |
| | |Physical Abuse | |
|-------------------------+-------------+----------------+-------|
|RCFE/ARF/CCH/SRF/EBSH |All sizes | $10,000 |$15,000|
| | | | |
|-------------------------+-------------+----------------+-------|
|Emergency Homeless Youth |d25 beds | $1,000 |$5,000 |
|Shelter | | | |
|-------------------------+-------------+----------------+-------|
|Small Child Care Home |d8 children | $1,000 |$5,000 |
|-------------------------+-------------+----------------+-------|
|Large Child Care Home |9-14 | $2,000 |$7,500 |
| |children | | |
|-------------------------+-------------+----------------+-------|
|Child Care Facility |1 30 | $2,500 |$7,500 |
| |children | | |
|-------------------------+-------------+----------------+-------|
|Child Care Facility |31 100 | $5,000 |$10,000|
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| |children | | |
|-------------------------+-------------+----------------+-------|
|Child Care Facility |100+ | $10,000 |$15,000|
| |children | | |
|-------------------------+-------------+----------------+-------|
|Adult Day |d50 adults | $2,500 |$7,500 |
|-------------------------+-------------+----------------+-------|
|Adult Day |50+ adults | $5,000 |$10,000|
| | | | |
|-------------------------+-------------+----------------+-------|
|FFA/GH/TSCF/THPP/CTF |d40 youth | $2,500 |$7,500 |
|-------------------------+-------------+----------------+-------|
|FFA/GH/TSCF/THPP/CTF |41 100 | $5,000 |$10,000|
| |youth | | |
|-------------------------+-------------+----------------+-------|
|FFA/GH/TSCF/THPP/CTF |100+ youth | $10,000 |$15,000|
| | | | |
| | | | |
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ARF Adult Residential Facility
CCH Community Crisis Home
CTF Community Treatment Facility
EBSH Enhanced Behavioral Supports Home
FFA Foster Family Agency
GH Group Home
RCFE Residential Care Facility for the Elderly
SRF Social Rehabilitation Facility
THPP Transitional Housing Placement Provider
TSCF Transitional Shelter Care Facility
2) Defines physical abuse, serious injury, and death
pursuant to existing definitions in the Welfare and
Institutions Code and Penal Code, as specified.
3) Requires the Director of DSS approve the civil penalty
assessment.
4) Provides a licensee shall have the right to submit a
written request for a formal review of a civil penalty
within 10 days of receipt of the notice of a civil penalty
assessment and requires the licensee provide all supporting
documentation at that time.
5) Requires the review be conducted by a regional manager
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of the Community Care Licensing Division, who may amend or
dismiss the penalty if they determine that the civil
penalty was not assessed in accordance with applicable
statutes or regulations of DSS, and requires the licensee
be notified in writing of the regional manager's decision
within 60 days of the request to review the assessment of
the civil penalty.
6) Provides the licensee may further appeal to the program
administrator of the Community Care Licensing Division
within 10 days of receipt of the notice of the regional
manager's decision and shall provide all supporting
documentation at that time. If the program administrator
determines that the civil penalty was not assessed in
accordance with applicable statutes or regulations, they
may amend or dismiss the civil penalty. Requires the
licensee be notified in writing of the program
administrator's decision within 60 days of the request to
review the regional manager's decision.
7) Provides the licensee may further appeal to the deputy
director of the Community Care Licensing Division within 10
days of receipt of the notice of the program director's
decision and shall provide all supporting documentation at
that time. If the deputy director determines that the
civil penalty was not assessed in accordance with
applicable statutes or regulations, they may amend or
dismiss the civil penalty. Requires the licensee be
notified in writing of the deputy director's decision
within 60 days of the request to review the program
administrator's decision.
8) Provides upon exhausting the deputy director review, a
licensee may appeal a civil penalty assessed to an
administrative law judge, as specified.
9) Provides that in all proceedings conducted in accordance
with this bill, the standard of proof shall be by a
preponderance of the evidence.
10) Provides if, in addition to an assessment of civil
penalties, DSS elects to file an administrative action to
suspend or revoke the facility license that includes
violations relating to the assessment of the civil
penalties, DSS review of the pending appeal shall cease and
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the assessment of the civil penalties shall be heard as
part of the administrative action process.
11) Requires DSS adopt regulations implementing this bill,
and requires DSS, by January 1, 2016, amend its regulations
to reflect the changes by this bill.
The Senate amendments substantially amend this bill and
establish a revised civil penalty structure for violations that
constitute physical abuse, or result in serious bodily injury or
death of a resident or client of a CCF, RCFE, or child care
facility, as specified.
AS PASSED BY THE ASSEMBLY , this bill: Revised existing statute
authorizing DSS to levy fines specific to RCFEs for specified
violations of the law.
FISCAL EFFECT : Unknown
COMMENTS :
DSS Community Care Licensing Division (CCLD): Facilities
licensed by CCLD, which include CCFs, RCFEs, and child care
facilities, typically provide non-medical care and supervision
for children and adults in need, which includes persons with
disabilities, seniors in need of residential care, children in
foster care and at-risk children needing shelter services,
families in need of early childhood education (child care), and
adult care services. CCLD is responsible for the licensing of
all community care facilities and for investigating all
complaints against those facilities.
Current civil penalty structure: The current civil penalty
structure for the state's community care facilities have
remained essentially unchanged in nearly 30 years. Existing law
authorizes the department to impose various civil penalties for
licensing violations and sets the maximum penalty at $150 per
day per violation. This includes violations that constitute
physical abuse, including sexual abuse, or that result in
serious bodily injury to or the death of a resident or client of
a licensed facility. As a result, in violations resulting in
death, current law limits DSS from assessing a penalty higher
than $150. This has resulted in many violations, including
violations involving sexual abuse and physical assault, being
limited to a $150 fine for each day the violation was ongoing.
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Need for the bill: The authors write:
In California, there are more than 76,000 licensed
community care facilities in the state caring for
nearly 1.4 million children, developmentally disabled
individuals, and elderly adults. Individual needs may
vary widely.
Over the last six months, a series of incidents raised
serious questions about the adequacy of oversight of
CCFs provided by DSS. In many cases, those facilities
that were identified as endangering residents' health
or safety had been issued citations that were
unresolved and fines that were unpaid.
In February 2014 the Senate and Assembly Human
Services Committees held a joint hearing to review the
oversight of RCFEs by DSS. A key issue that emerged
from the testimony provided in the hearing is DSS'
inability to issue a civil penalty of greater than
$150 per day per incident, even for violations that
resulted in the death of a resident. By increasing
the civil penalties for CCFs whose violations
constitute physical abuse, or result in serious bodily
injury, and death, the state can take an important
step in providing stronger tools to help ensure that
those who are caring for our most vulnerable
populations are following the law.
Analysis Prepared by : Chris Reefe / HUM. S. / (916) 319-2089
FN: 0005563