Amended in Assembly June 13, 2014

Senate Bill No. 855

Introduced by Committee on Budget and Fiscal Review

January 9, 2014

begin delete An act relating to the Budget Act of 2014. end delete begin insert An act to amend Section 17415 of the Family Code, to amend Sections 1506.5, 1520.3, 1522, 1523.1, 1523.2, 1533, 1534, 1550, 1551, 1556, 1558, 1562, 1568.05, 1568.07, 1569.185, 1569.20, 1569.48, 1569.525, 1569.682, 1596.803, 1596.871, 1796.12, 1796.14, 1796.16, 1796.17, 1796.19, 1796.22, 1796.23, 1796.24, 1796.25, 1796.26, 1796.29, 1796.31, 1796.44, 1796.45, 1796.47, 1796.48, 1796.49, 1796.52, 1796.55, 1796.61, and 1796.63 of, to amend and renumber Sections 1796.33, 1796.34, 1796.35, 1796.36, 1796.37, and 1796.42 of, to amend, renumber, and add Sections 1796.38 and 1796.41 of, to add Sections 1546.1, 1546.2, 1548.1, 1569.481, 1569.482, and 1796.40 to, to repeal Sections 1796.39 and 1796.56 of, and to repeal and add Section 1546 of, the Health and Safety Code, and to amend Sections 300, 10104, 10553.11, 11320.32, 11322.8, 11325.24, 11402.4, 11450.025, 11460, 11477, end insert begin insert 12301.1, and 18906.55 of, to add Sections 11461.3, 12300.4, and 12300.41 to, to amend, repeal, and add Sections 18901.2 and 18901.5 of, and to add Article 3.3 (commencing with Section 11330) to Chapter 2 of Part 3 and Chapter 5.2 (commencing with Section 16524.6) to Part 4, of Division 9 of, the Welfare and Institutions Code, relating to human services, and making an appropriation therefor, to take effect immediately, bill related to the budget. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 855, as amended, Committee on Budget and Fiscal Review. begin delete Budget Act of 2014. end delete begin insert Human services. end insert

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(1) Under existing law, the State Department of Social Services regulates the licensure and operation of various types of facilities, including community care facilities, residential care facilities for the elderly, residential care facilities for persons with chronic, life-threatening illness, child day care centers, and family day care homes. Existing law requires that some of these facilities be subject to unannounced visits by the department at least once every 5 years.

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Existing law, the California Community Care Facilities Act, provides for the licensure and regulation of foster family agencies, as defined, by the department. Under existing law, foster family agencies certify foster family homes and find homes or other placements for children. Existing law specifies how foster family agencies are required to carry out these functions, including a requirement that a foster family agency annually recertify a certified family home. A violation of these provisions, or the willful or repeated violation of any rule or regulation promulgated under this provision, is a crime.

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This bill would require a foster family agency to conduct an announced inspection of a certified family home during the annual recertification and an unannounced inspection when certain circumstances are present, including when a certified family home is on probation. The bill would also authorize a foster family agency to inspect a certified family home more frequently than annually in order to ensure the quality of care provided. The bill would clarify that certain provisions relating to regulation and licensing of community care facilities generally are applicable to certified family homes approved by a foster family agency. By expanding the scope of a crime, this bill would impose a state-mandated local program.

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(2) Existing law requires the department to inspect a residential care facility for persons with chronic, life-threatening illness within 90 days after the facility accepts its first resident for placement following its initial licensure. Existing law also requires that evaluations be conducted annually and as often as necessary to ensure the quality of care being provided.

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This bill would instead require that annual inspections be conducted at least annually and that both types of inspections conducted pursuant to these provisions be unannounced.

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(3) Existing law, the California Residential Care Facilities for the Elderly Act, provides for the department to license and regulate residential care facilities for the elderly. A violation of the act is a misdemeanor.

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Existing law requires the department to immediately request a fire clearance and notify an applicant for a license to operate a residential care facility for the elderly to arrange a time for the department to conduct a prelicensure survey if an application for initial licensure is complete.

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This bill would provide that the prelicensure inspection is optional at the discretion of the department if the department determines that an application is for licensure of a currently licensed facility for which there will be no material change to the management or operations of the facility.

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(4) Existing law requires, if the Director of Social Services determines that it is necessary to temporarily suspend a license of a residential care facility for the elderly in order to protect the residents or clients of the facility from physical or mental abuse, abandonment, or any other substantial threat to health or safety, the department to make every effort to minimize trauma for the residents. Existing law authorizes and requires the department, in the event of a temporary license suspension or revocation, to comply with specified procedures relating to the transfer of residents, including requiring the department to contact and work with any local agency that may have placement or advocacy responsibility for the residents of a residential care facility for the elderly, as specified, to locate alternative placement sites and contact responsible relatives. Existing law requires, upon an order to revoke a license, a licensee to provide a 60-day written notice of license revocation that may lead to closure to the resident and the resident’s responsible person within 24 hours of receipt of the department’s order of revocation. Existing law entitles a resident who transfers from the facility during that 60-day period to a refund of preadmission fees in accordance with specified provisions.

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This bill would require, if the Director of Social Services determines at any time during or following a temporary suspension or revocation of a license that there is a risk to the residents or clients of the facility from physical or mental abuse, abandonment, or any other substantial threat to health or safety, the department to take any necessary action to minimize trauma for the residents, including, but not limited to, arranging for the preparation of the residents’ records and medications for transfer and checking in on the status of each transferred resident within 24 hours of transfer. The bill would additionally require the department to contact the Office of the State Long-Term Care Ombudsman after a decisions is made to temporarily suspend or upon a final order revoke a license that is likely to result in closure of the facility. The bill would also require, upon an order to temporarily suspend a license, a licensee to immediately provide a written notice of license suspension to the resident and initiate contact with the resident’s responsible person, as specified, and would entitle a resident who transfers due to the receipt of a notice of a temporary suspension or revocation of license to be entitled to a refund of preadmission fees.

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This bill would prohibit a licensee, upon receipt of an order to temporarily suspend or revoke a license, from accepting new residents or entering into admission agreements for new residents. The bill would generally make a licensee who fails to comply with the requirements of these provisions liable for civil penalties in the amount of $500 per violation per day for each day that the licensee is in violation of these provisions until the violation has been corrected. By expanding the scope of a crime, this bill would impose a state-mandated local program.

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(5) The bill would authorize the department to appoint a temporary manager to assume the operation of a residential care facility for the elderly for 60 days, subject to extension by the department, when specified circumstances exist, including when the director determines that it is necessary to temporarily suspend the license of the facility and immediate relocation of the residents of the facility is not feasible, or when the licensee has opted to secure a temporary manager in response to a final order to revoke a license. The bill would set forth the duties of the temporary manager, would limit the expenditures and encumbrances by the temporary manager unless approved by the department, and would require that the costs of the temporary manager be paid directly by the facility while the temporary manager is assigned. To the extent department funds are used for the costs of the temporary manager or related expenses, the bill would require the department to be reimbursed from the revenues accruing to the facility or to the licensee, and to the extent those revenues are insufficient, the bill would require that the unreimbursed amount constitute a lien upon the asset of the facility or the proceeds from the sale of the facility, as specified.

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The bill would also authorize the department to apply for a court order appointing a receiver to temporarily operate a community care facility or a residential care facility for the elderly for no more than 3 months, subject to extension by the department, when circumstances exist indicating that continued management of the facility by the licensee would present a substantial probability of imminent danger or serious physical harm or death to the clients or residents or the facility is closing and adequate arrangements for the relocation of clients or residents have not been made. The bill would specify the duties of a receiver appointed pursuant to these provisions and would require that the salary of the receiver be set by the court and be paid from the revenue coming to the facility. In the event the revenue is insufficient, the bill would require that the salary be paid from the emergency client contingency fund. The bill would require that state funds advanced to pay for that salary or other related expenses be reimbursed from the revenues accruing to the facility. If those revenues are insufficient, the bill would require that the unreimbursed amount constitute a lien on the assets of the facility.

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(6) Existing law establishes a schedule of licensing fees to be charged by the department for each type of facility, and provides for these fees to be deposited into the Technical Assistance Fund.

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This bill would increase the licensure and renewal fees for community care facilities, residential care facilities for persons with chronic, life-threatening illness, residential care facilities for the elderly, and child day care facilities, and would require the department to adjust the fees assessed against licensees as necessary to ensure they do not exceed specified costs.

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(7) Existing law authorizes the department to impose various civil penalties for various licensing violations. Existing law authorizes the department to transmit no more than 1⁄2 of those penalties assessed against community care facilities and residential care facilities for the elderly to be used to establish an emergency resident relocation fund to be utilized for the care and relocation of residents when the license of a community care facility or a residential care facility for the elderly is revoked or temporarily suspended, when appropriated by the Legislature. Existing law requires the department to seek the advice of providers in developing a state plan for emergency resident relocation.

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The bill would instead authorize the creation of an emergency client contingency account and an emergency resident contingency account within the Technical Assistance Fund to be used, at the discretion of the Director of the State Department of Social Services, for the care and relocation of clients and residents when a facility’s license is revoked or temporarily suspended. The bill would require the department to seek the input of stakeholders and local agencies in developing policies for emergency client or resident care and supervision. The bill would also authorize the civil penalties deposited in the Technical Assistance Fund to be used for the technical assistance, training, and education of licensees.

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(8) This bill would provide that it is the intent of the Legislature to comprehensively increase the penalties for facilities licensed by the State Department of Social Services in subsequent legislation, with particular emphasis on penalties for violations that result in serious injury or death.

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(9) This bill would provide that it is the intent of the Legislature that increased staffing and funding resources for the State Department of Social Service’s Community Care Licensing Division appropriated in the Budget Act of 2014 be used to enhance the division’s structure and improve operations, as specified. The bill also provides that it is the intent of the Legislature to, over a period of time, increase the frequency of facility inspections resulting in annual inspections for some or all facility types. The bill would require the State Department of Social Services to update the Legislature on the status of the structural and quality enhancement improvements during the 2015-16 legislative budget subcommittee hearings.

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(10) The Home Care Services Consumer Protection Act, operative January 1, 2015, provides for the licensure and regulation of home care organizations, as defined, by the State Department of Social Services, and the registration of home care aides. The act excludes specified entities from the definition of a home care organization and does not include certain types of individuals as home care aides for the purposes of these provisions. The act requires background clearances for home care aides, as prescribed, and sets forth specific duties of the home care organization, the department, and the Department of Justice in this regard. The act requires home care aides hired after January 1, 2015, to demonstrate they are free of active tuberculosis. A violation of the act is a crime.

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This bill would revise and recast the provisions of the act and delay the implementation date of the act to January 1, 2016. Specifically, the bill would delete those provisions of the act that exempt specified individuals from the registration requirements for home care aides described above and expand the list of individuals and entities that are not considered home care aides or home care organizations, respectively, for purposes of the act. The bill would require that each home care organization be separately licensed, as specified. This bill would additionally require the chief executive officer or other person serving in a similar capacity in a home care organization, as specified, to consent to a background examination. The bill would prohibit the department from issuing a provisional license or license to any corporate home care organization applicant that has a member of the board of directors, executive director, or officer who is not eligible for licensure, as specified.

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This bill would revise the licensure requirements of a home care organization to additionally require certain disclosures and proof of an employee dishonesty bond. The bill would also revise the license renewal requirements for home care organizations to include, among other things, specified insurance and workers’ compensation policies and being current on all fees and civil penalties due to the department. The bill would provide certain review procedures for applications for licensure received by the department. The bill would, among other things, require the department to cease any further review of an application for a specified period of time if it is determined that the home care organization applicant was previously issued a license pursuant to the act or other specified provisions of law and that license was revoked, as specified. The bill would apply similar requirements to a home care organization applicant that had previously applied for a certificate of approval with a foster family agency and was denied, as specified. The bill would also authorize the department to exclude a person from acting as, and require the home care organization to remove that person from, his or her position as a member of the board of directors, an executive director, or an officer of a licensee if the department determines that the person was previously issued a license pursuant to the act or other specified provisions of law and that license was revoked, as specified, or if the person was previously issued a certificate of approval by a foster family agency that was subsequently revoked, as specified.

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This bill would require home care organization licensees to report any suspected or known dependent adult, elder, or child abuse to the department. The bill would require the department, upon receipt of these reports, to cross-report the suspected or known abuse to local law enforcement and Adult Protective Services or Child Protected Services, as specified. The bill would authorize home care organization applicants and home care aide applicants who submit applications prior to January 1, 2016, to provide home care services without meeting the tuberculosis requirements described above, provided those requirements are met by July 1, 2016. The bill would authorize the department to adopt and readopt emergency regulations to implement and administer the provisions of the act, as specified.

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This bill would require all fines and penalties collected for violations of the above provisions to be deposited into the Home Care Technical Assistance Fund, which would be created by the bill. The bill would require that the moneys in the fund be made available to the department upon appropriation by the Legislature for specified purposes.

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By expanding the scope of existing crimes, this bill would impose a state-mandated local program.

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(11) Existing law, the California Community Care Facilities Act, provides for the licensure and inspection of community care facilities, including, but not limited to, group homes, by the State Department of Social Services. Existing law makes any violation of the act a misdemeanor.

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This bill would require each person employed as a facility manager or staff member of a group home on or after October 1, 2014, to be at least 21 years of age, except as specified. Because a violation of this requirement would be a crime, the bill would impose a state-mandated local program.

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(12) Existing law authorizes the Director of Social Services to enter into an agreement with a tribe, consortium of tribes, or tribal organization, regarding the care and custody of Indian children and jurisdiction over Indian child custody proceedings, under specified circumstances. Pursuant to these agreements, these child welfare activities are delegated to the tribe, consortium of tribes, or tribal organization, which is also required to provide specified matching funds. Existing law specifies the share of costs required of the tribe, consortium of tribes, or tribal organization operating a program pursuant to these agreements.

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This bill would, notwithstanding those provisions, adjust the tribal share of costs commencing July 1, 2014.

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(13) Existing law requires a county welfare department to refer all cases in which a parent is absent from the home, or as specified, to the local child support agency immediately at the time of the application for public assistance, except as specified.

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Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families (TANF) block grant program, state, and county funds. Existing law requires each applicant or recipient to, as a condition of eligibility for aid paid under CalWORKs, assign to the county any rights to support from any other person the applicant or recipient may have on his or her own behalf, or on behalf of any other family member for whom the applicant or recipient is applying for or receiving aid, and to cooperate with the county welfare department and local child support agency in establishing the paternity of a child of the applicant or recipient born out of wedlock with respect to whom aid is claimed, and in establishing, modifying, or enforcing a support order with respect to a child of the individual for whom aid is requested or obtained.

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The bill would exempt from these provisions an assistance unit that excludes any adults pursuant to specified provisions of law, including a provision that makes an individual ineligible for CalWORKs aid if the individual has been convicted in state or federal court after December 31, 1997.

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(14) Under existing law, with certain exceptions, an applicant or recipient, as a condition of eligibility for aid under the CalWORKs program, is required to participate in welfare-to-work activities for a specified number of hours each week.

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The bill would modify the number of welfare-to-work participation hours to conform to certain federal requirements.

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(15) Existing law requires the State Department of Social Services to administer a voluntary Temporary Assistance Program (TAP) to provide cash assistance and other benefits to specified current and future CalWORKs recipients who meet the exemption criteria for participation in welfare-to-work activities and are not single parents who have a child under one year of age. Existing law requires the TAP to commence no later than October 1, 2014.

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This bill would delay the commencement date of the TAP until October 1, 2016.

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(16) Existing law establishes maximum aid grant amounts to be provided under the CalWORKs program, subject to specified adjustments. Existing law increases the maximum aid payments in effect on July 1, 2012, by 5% commencing March 1, 2014.

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This bill would increase aid payments by 5% as of April 1, 2015.

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(17) Under existing law, after a family has used all available liquid resources in excess of $100, the family is entitled to receive a CalWORKS allowance for nonrecurring special needs, including homeless assistance.

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This bill would specify that a recipient of CalWORKs benefits is eligible to receive specified housing supports, including financial assistance and housing stabilization and relocation, if the county determines that the recipient’s family is experiencing homelessness or housing instability that would be a barrier to self-sufficiency or child well-being. The bill would require the State Department of Social Services, in consultation with the County Welfare Directors Association of California, to, among other things, develop criteria by which counties may opt to participate in providing housing supports to eligible recipients of CalWORKs benefits. The bill would include a statement of legislative findings and declarations.

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(18) Under existing law, with certain exceptions, every individual, as a condition of eligibility for aid under the CalWORKs program, is required to participate in welfare-to-work activities. Existing law authorizes recipients to participate in family stabilization if the county determines that his or her family is experiencing an identified situation or crisis that is destabilizing the family and would interfere with participation in welfare-to-work activities and services.

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This bill would authorize funds allocated for family stabilization to be used to provide housing and other needed services to a family during any month that a family is participating in family stabilization. The bill would state the intent of the legislature that family stabilization is a voluntary component intended to provide needed services and constructive interventions for parents and to assist in barrier removal for families facing very difficult needs.

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(19) Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county.

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Existing law requires the Department of Community Services and Development to receive and administer the federal Low-Income Home Energy Assistance Program (LIHEAP) block grant. Under existing law, to the extent permitted by federal law, the State Department of Social Services, in conjunction with the Department of Community Services and Development, is required to design, implement, and maintain a utility assistance initiative to provide applicants and recipients of CalFresh benefits a nominal LIHEAP service benefit, as specified, out of the federal LIHEAP block grant.

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This bill would repeal those provisions and instead, effective July 1, 2014, create the State Utility Assistance Subsidy (SUAS), a state-funded energy assistance program. The bill would require the Department of Community Services and Development to delegate authority over the program to the State Department of Social Services. The bill would require the State Department of Social Services, among other things, in designing, implementing, and maintaining the SUAS program, to provide households that do not currently qualify for, nor receive, a standard utility allowance with a SUAS benefit, as specified, if the household would become eligible for CalFresh benefits or would receive increased benefits if the standard utility allowance was provided. The bill would condition the implementation of these provisions on an appropriation of funds by the Legislature in the annual Budget Act or related legislation. To the extent that the bill would increased the administrative duties of county welfare departments, the bill would impose a state-mandated local program.

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(20) Existing law requires the State Department of Social Services, to the extent permitted by federal law, to design and implement a program of categorical eligibility for the purpose of establishing the gross income limit for the federal Temporary Assistance for Needy Families and state maintenance of effort funded service that confers categorical eligibility for those needy households and that includes a member who receives, or is eligible to receive, medical assistance under the Medi-Cal program.

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This bill would, effective July 1, 2014, delete those provisions.

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(21) Existing law requires each county to pay 30% of the nonfederal share of costs of administering the CalFresh program. Existing law also requires counties to expend an amount for programs that provide services to needy families that, when combined with the funds expended above for the administration of the CalFresh program, equals or exceeds the amount spent by the county for corresponding activities during the 1996-97 fiscal year. Existing law provides that any county that equals or exceeds the amount spent by the county for corresponding activities during the 1996-97 fiscal year entirely through expenditures for the administration of the CalFresh program in the 2010-11, 2011-12, 2012-13, and 2013-14 fiscal years shall receive the full General Fund allocation for the administration of the CalFresh program without paying the county’s share of the nonfederal costs for the amount above the 1996-97 expenditure requirement.

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This bill would extend counties’ eligibility to receive the full allocation for CalFresh administration under the above circumstances to the 2014-15 fiscal year. The bill would also reduce the amount of the waiver throughout subsequent fiscal years, as specified, and would eliminate the waiver by the 2018-19 fiscal year.

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(22) Existing law requires the State Department of Social Services to annually report to the appropriate fiscal and policy committees of the Legislature and to post on its Internet Web site a summary of outcome and expenditure data that allows for monitoring the changes of the 2011 realignment of child welfare services, foster care, adoptions, and adult protective services programs.

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This bill would require the report to contain specified information, including the child welfare services social worker caseloads per county.

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(23) Existing law establishes the State Department of Social Services and sets forth its duties and responsibilities regarding ensuring that the needs of foster children are met by local child welfare agencies and foster care providers. Existing law declares the findings of the Legislature that there is a need to develop programs to provide the kinds of innovative strategies and services that will ameliorate, reduce, and ultimately eliminate the trauma of child sexual abuse.

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This bill would establish the Commercially Sexually Exploited Children Program to be administered by the State Department of Social Services in order to adequately serve children who have been sexually exploited, and would require the department, in consultation with the County Welfare Directors Association of California, to develop an allocation methodology to distribute funding for the program. The bill would authorize the use of these funds by counties electing to participate in the program for certain prevention and intervention activities and services to children who are victims, or at risk of becoming victims, of commercial sexual exploitation. The bill would require the department to contract to provide training for county children’s services workers to identify, intervene, and provide case management services to children who are victims of commercial sexual exploitation, and the training of foster caregivers for the prevention and identification of potential victims, as specified. The bill would also require the department to ensure that the Child Welfare Services/Case Management System is capable of collecting data concerning children who are commercially sexually exploited, as specified. The bill would require the department, no later than April 1, 2017, to provide to the Legislature information regarding the implementation of the program.

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This bill would require each county electing to receive funds pursuant to the provisions described above to develop an interagency protocol to be utilized in serving sexually exploited children who have been adjudged to be a dependent child of the juvenile court. The bill would require the county interagency protocol to be developed by a team led by a representative of the county human services department and to include representatives from specified county agencies and the juvenile court.

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This bill would make these provisions operative on January 1, 2015.

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(24) Existing law establishes the jurisdiction of the juvenile court, which may adjudge certain children to be dependents of the court under certain circumstances, including when the child is abused, a parent or guardian fails to adequately supervise or protect the child, as specified, or a parent or guardian fails to provide the child with adequate food, clothing, shelter, or medical treatment.

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This bill would make a legislative finding that declares that a child is within the jurisdiction of the juvenile court and may become a dependent child of the court if the child is a victim of sexual trafficking, or receives food or shelter in exchange for, or is paid to perform, specified sexual acts, as a result of the failure or inability of his or her parent or guardian to protect the child, and would declare that this finding is declaratory of existing law.

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(25) Existing law, the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, provides for payments to group home providers at a per child per month rate, and in accordance with prescribed rate classification levels, for the care and supervision of the AFDC-FC child placed with the provider.

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This bill would specify that nothing precludes a county from providing a supplemental rate to serve commercially exploited foster children, as specified, and would provide that, to the extent federal financial participation is available, these federal funds should be utilized.

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(26) Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. In order to be eligible for AFDC-FC, existing law requires a child or nonminor dependent to be placed in a specified placement, including, among others, the approved home of a relative, provided the child is otherwise eligible for federal financial participation in the AFDC-FC payment. Existing law requires foster care providers be paid a per child per month rate, as specified, in return for the care and supervision of an AFDC-FC child placed with them.

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This bill would establish the Approved Relative Caregiver Funding Option Program and would require counties who opt to participate in the program to, effective January 1, 2015, pay an approved relative caregiver a per child per month rate in return for the care and supervision of an AFDC-FC ineligible child placed with the relative caregiver that is equal to the basic rate paid to foster care providers for an AFDC-FC child if the county has notified the department of its decision to participate in the program, as specified, and the related child placed in the home meets certain requirements, including that the child resides in the state.

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The bill would require a participating county to affirmatively indicate that the county understands and agrees to specified conditions, including that the county will be responsible to pay any additional costs needed to make all payments to the relative caregivers if state and federal funds are insufficient. If a participating county decides to opt out of the program, the bill requires the county to provide at least 120 days’ prior written notice of that decision to the department and to provide at least 90 days’ prior written notice to the approved relative caregiver or caregivers informing them that his or her per child per month payment will be reduced, and the date that the reduction will occur.

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The bill would specify the funding for the program, including the use of state General Fund resources that do not count towards the state’s maintenance of effort requirements for the federal Temporary Assistance for Needy Families (TANF) block grant. The bill would appropriate the sum of $30,000,000 from the General Fund for the 2015 calendar year and for each calendar year thereafter, as specified, for these purposes. If this appropriation is insufficient to fully fund the base caseload of approved relative caregivers, as specified, the bill would also provide for the appropriation of additional funds necessary to fully fund that base caseload, and would require the adjusted amount for the calendar year appropriation, beginning with the 2016 calendar year, to be adjusted by the California Necessities Index for each subsequent year.

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(27) Existing law, the federal Fair Labor Standards Act requires overtime pay for domestic services employees, but provides an exemption for live-in domestic service employees and companionship services provided to specified persons. Effective January 1, 2015, the act prohibits 3rd-party employers from claiming those exemptions and narrows the duties that fall within companionship services to exclude general domestic services and medically related services.

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Existing law establishes the In-Home Supportive Services (IHSS) program, administered by the State Department of Social Services and counties, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes and avoid institutionalization. Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing law authorizes certain Medi-Cal recipients to receive waiver personal care services, as defined, in order to allow the recipients to remain in their own homes.

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This bill would require that in-home supportive services and waiver personal care services be performed by providers within a workweek that does not exceed 66 hours per week, as reduced by a specified net percentage. The bill would require a recipient of in-home supportive services to employ an additional provider or providers, as needed, to ensure his or her authorized services are provided and would require the State Department of Health Care Services to work with recipients of waiver personal care services to engage additional providers, as necessary. The bill would authorize a recipient to authorize a provider to work hours in excess of the recipient’s weekly authorized hours without notification of the county welfare department if certain conditions are met. The bill would enact other related provisions and would provide that these provisions become operative on the date specified federal regulatory amendments are deemed effective. This bill would authorize, for three-months following the effective date of those provisions, that timesheets submitted by providers be paid in excess of the limitations, so long as the number of hours worked by the provider within a given month do not exceed the authorized hours of the recipient or recipients served by the provider.

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Existing law requires a county welfare department to assess each recipient’s continuing need for in-home supportive services at varying intervals as necessary, but at least once every 12 months.

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This bill would require that the results of the assessment of monthly need for hours of in-home supportive services be divided by 4.33 to establish a recipient’s weekly authorized number of hours of in-home supportive services, as specified. The bill would require that recipients be timely informed of their total monthly and weekly authorized hours and would provide that the weekly authorization of services be used solely for purposes of ensuring compliance with the federal Fair Labor Standards Act.

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The bill would require the State Department of Social Services to oversee a study of the provisions in this bill, as specified, and would require that information collected for the study periodically be made available to stakeholders. The bill would require the State Department of Social Services to submit a report to the Legislature upon completion of the study.

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By imposing new duties on counties administering the IHSS program, the bill would impose a state-mandated local program

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This bill would require that specified amounts appropriated in the Budget Act of 2014 be made available for other purposes within the IHSS program if federal implementation of certain regulations by the federal Department of Labor are fully or partially postponed beyond January 1, 2015, as specified.

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(28) The bill would authorize the State Department of Social Services to implement specified provisions of the bill through all-county letters or similar instructions and would require the department to adopt emergency regulations implementing these provisions no later than January 1, 2016.

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(29) 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.

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This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

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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.

end insert begin insert

(30) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

end insert begin delete

This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2014.

end delete

Vote: majority. Appropriation:  begin delete no end delete begin insert yes end insert . Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 17415 of the end insert begin insert Family Code end insert begin insert is amended to
read: end insert

17415.  

(a) It shall be the duty of the county welfare department
to refer all cases in which a parent is absent from the home, or in
which the parents are unmarried and parentage has not been
established by the completion and filing of a voluntary declaration
of paternity pursuant to Section 7573 or a court of competent
jurisdiction, to the local child support agency immediately at the
time the application for public assistance, including Medi-Cal
benefits, or certificate of eligibility, is signed by the applicant or
recipient, except as provided in Section 17552 begin delete of this code end delete and
begin delete Section end delete begin insert Sections 11477 and end insert 11477.04 of the Welfare and
Institutions Code. If an applicant is found to be ineligible, the
applicant shall be notified in writing that the referral of the case
to the local child support agency may be terminated at the
applicant’s request. The county welfare department shall cooperate
with the local child support agency and shall make available all
pertinent information begin delete as provided in end delete begin insert pursuant to end insert Section 17505.

(b) Upon referral from the county welfare department, the local
child support agency shall investigate the question of nonsupport
or paternity and shall take all steps necessary to obtain child
support for the needy child, enforce spousal support as part of the
state plan under Section 17604, and determine paternity in the case
of a child born out of wedlock. Upon the advice of the county
welfare department that a child is being considered for adoption,
the local child support agency shall delay the investigation and
other actions with respect to the case until advised that the adoption
is no longer under consideration. The granting of public assistance
or Medi-Cal benefits to an applicant shall not be delayed or
contingent upon investigation by the local child support agency.

(c) In cases where Medi-Cal benefits are the only assistance
provided, the local child support agency shall provide child and
spousal support services unless the recipient of the services notifies
the local child support agency that only services related to securing
health insurance benefits are requested.

(d)  begin delete Where end delete begin insert Whenever end insert a court order has been obtained, any
contractual agreement for support between the local child support
agency or the county welfare department and the noncustodial
parent shall be deemed null and void to the extent that it is not
consistent with the court order.

(e) Whenever a family begin delete which end delete begin insert that end insert has been receiving public
assistance, including Medi-Cal, ceases to receive assistance,
including Medi-Cal, the local child support agency shall, to the
extent required by federal regulations, continue to enforce support
payments from the noncustodial parent until the individual on
whose behalf the enforcement efforts are made sends written notice
to the local child support agency requesting that enforcement
services be discontinued.

(f) The local child support agency shall, begin delete where end delete begin insert when end insert appropriate,
utilize reciprocal arrangements adopted with other states in securing
support from an absent parent. In individual cases where utilization
of reciprocal arrangements has proven ineffective, the local child
support agency may forward to the Attorney General a request to
utilize federal courts in order to obtain or enforce orders for child
or spousal support. If reasonable efforts to collect amounts assigned
pursuant to Section 11477 of the Welfare and Institutions Code
have failed, the local child support agency may request that the
case be forwarded to the begin insert United States end insert Treasury Department for
collection in accordance with federal regulations. The Attorney
General, begin delete where end delete begin insert when end insert appropriate, shall forward these requests to
the Secretary of Health and Human Services, or a designated
representative.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 1506.5 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1506.5.  

(a) Foster family agencies shall not use foster family
homes licensed by a county without the approval of the licensing
county. When approval is granted, a written agreement between
the foster family agency and the county shall specify the nature of
administrative control and case management responsibility and
the nature and number of the children to be served in the home.

(b) Before a foster family agency may use a licensed foster
family home it shall review and, with the exception of a new
fingerprint clearance, qualify the home in accordance with Section
1506.

(c) When approval is given, and for the duration of the
agreement permitting the foster family agency use of its licensed
foster family home, no child shall be placed in that home except
through the foster family agency.

(d) Nothing in this section shall transfer or eliminate the
responsibility of the placing agency for the care, custody, or control
of the child. Nothing in this section shall relieve a foster family
agency of its responsibilities for or on behalf of a child placed with
it.

(e) (1) If an application to a foster family agency for a certificate
of approval indicates, or the department determines during the
application review process, that the applicant previously 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 foster
family agency shall cease any further review of the application
until two years have elapsed from the date of the revocation.

(2) If an application to a foster family agency for a certificate
of approval indicates, or the department determines during the
application review process, that the applicant previously was issued
a certificate of approval by a foster family agency that was revoked
by the department pursuant to subdivision (b) of Section 1534
within the preceding two years, the foster family agency shall cease
any further review of the application until two years have elapsed
from the date of the revocation.

(3) If an application to a foster family agency for a certificate
of approval indicates, or the department determines during the
application review process, that the applicant was excluded from
a facility licensed by the department begin insert or from a certified family
home end insert pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897,
the foster family agency shall cease any further review of the
application unless the excluded person has been reinstated pursuant
to Section 11522 of the Government Code by the department.

(4) The cessation of review shall not constitute a denial of the
application for purposes of subdivision (b) of Section 1534 or any
other law.

(f) (1) If an application to a foster family agency for a certificate
of approval indicates, or the department determines during the
application review process, that the applicant had previously
applied for a license under any of the chapters listed in paragraph
(1) of subdivision (e) and the application was denied within the
last year, the foster family agency shall cease further review of the
application as follows:

(A) In cases where the applicant petitioned for a hearing, the
foster family agency shall cease further review of the application
until one year has elapsed from the effective date of the decision
and order of the department upholding a denial.

(B) 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 foster family agency shall cease further
review of the application until one year has elapsed from the date
of the notification of the denial and the right to petition for a
hearing.

(2) The foster family agency may continue to review the
application if the department has determined that the reasons for
the denial of the application were due to circumstances and a
condition that either have been corrected or are no longer in
existence.

(3) The cessation of review shall not constitute a denial of the
application for purposes of subdivision (b) of Section 1534 or any
other law.

(g) (1) If an application to a foster family agency for a
certificate of approval indicates, or the department determines
during the application review process, that the applicant 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 foster family agency shall cease further review of the
application as follows:

(A) In cases where the applicant petitioned for a hearing, the
foster family agency shall cease further review of the application
until one year has elapsed from the effective date of the decision
and order of the department upholding a denial.

(B) 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 foster family agency shall cease further
review of the application until one year has elapsed from the date
of the notification of the denial and the right to petition for a
hearing.

(2) The foster family agency may continue to review the
application if the department has determined that the reasons for
the denial of the application were due to circumstances and
conditions that either have been corrected or are no longer in
existence.

(3) The cessation of review shall not constitute a denial of the
application for purposes of subdivision (b) of Section 1534 or any
other law.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 1520.3 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1520.3.  

(a) (1) If an application for a license or special permit
indicates, or the department determines during the application
review process, that the applicant previously 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 3.3 (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 cease any further review of the application until two years
shall have elapsed from the date of the revocation. The cessation
of review shall not constitute a denial of the application for
purposes of Section 1526 or any other provision of law.

(2) If an application for a license or special permit indicates, or
the department determines during the application review process,
that the applicant previously was issued a certificate of approval
by a foster family agency that was revoked by the department
pursuant to subdivision (b) of Section 1534 within the preceding
two years, the department shall cease any further review of the
application until two years shall have elapsed from the date of the
revocation.

(3) If an application for a license or special permit indicates, or
the department determines during the application review process,
that the applicant was excluded from a facility licensed by the
department begin insert or from a certified family home end insert pursuant to Sections
1558, 1568.092, 1569.58, or 1596.8897, the department shall cease
any further review of the application unless the excluded individual
has been reinstated pursuant to Section 11522 of the Government
Code by the department.

(b) If an application for a license or special permit indicates, or
the department determines during the application review process,
that the applicant 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
cease further review of the application as follows:

(1) In cases where the applicant petitioned for a hearing, the
department shall cease further review of the application 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 cease further review
of the application until one year has elapsed from the date of the
notification of the denial and the right to petition for a hearing.

(3) The department may continue to review the application if
it has determined that the reasons for the denial of the application
were due to circumstances and conditions which either have been
corrected or are no longer in existence.

(c) If an application for a license or special permit indicates, or
the department determines during the application review process,
that the applicant 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 cease further
review of the application as follows:

(1) In cases where the applicant petitioned for a hearing, the
department shall cease further review of the application 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 cease further review
of the application until one year has elapsed from the date of the
notification of the denial and the right to petition for a hearing.

(3) The department may continue to review the application if
it has determined that the reasons for the denial of the application
were due to circumstances and conditions that either have been
corrected or are no longer in existence.

(d) The cessation of review shall not constitute a denial of the
application for purposes of Section 1526 or any other law.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 1522 of the end insert begin insert Health and Safety Code end insert begin insert is amended
to read: end insert

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 of a licensed foster family agency. 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. An individual shall be required to obtain either
a criminal record clearance or a criminal record exemption from
the State Department of Social Services before his or her initial
presence in a community care begin delete facility. end delete begin insert facility or certified family
home. end insert

(a) (1) 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, of the Penal Code,
subdivision (b) of Section 273a of the Penal Code, 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.

(2) The 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.

(3) Except during the 2003-04 to the 2014-15 fiscal years,
inclusive, neither the Department of Justice nor the State
Department of Social Services may charge a fee 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.

(4) The following shall apply to the criminal record information:

(A) 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).

(B) If the State Department of Social Services finds that the
applicant, or any other person specified in subdivision (b) is
awaiting trial for a crime other than a minor traffic violation, the
State Department of Social Services may cease processing the
application until the conclusion of the trial.

(C) 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.

(D) If the State Department of Social Services finds after
licensure that the licensee, or any other person specified in
paragraph (1) 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).

(E) An applicant and any other person specified in subdivision
(b) shall submit fingerprint images and related information 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 all other persons described in subdivision (b) meet all of the
conditions for licensure, except receipt of the Federal Bureau of
Investigation’s criminal offender record information search
response for the applicant or any of the persons described in
subdivision (b), the department may issue a license if the applicant
and each person described in 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
prescribed in paragraph (1) of subdivision (a) of Section 42001 of
the Vehicle Code. If, after licensure, begin insert or end insert the begin insert issuance of a certificate
of approval of a certified family home by a foster family agency,
the end insert department determines that the licensee or any other person
specified in subdivision (b) has a criminal record, the begin delete license end delete
begin insert department end insert may begin delete be revoked end delete begin insert revoke the license, or require a foster
family agency to revoke the certificate of approval, end insert pursuant to
Section 1550. The department may also suspend the license begin insert or
require a foster family agency to suspend the certificate of approval end insert
pending an administrative hearing pursuant to Section 1550.5.

(F) The State Department of Social Services shall develop
procedures to provide the individual’s state and federal criminal
history information with the written notification of his or her
exemption denial or revocation based on the criminal record.
Receipt of the criminal history information shall be optional on
the part of the individual, as set forth in the agency’s procedures.
The procedure shall protect the confidentiality and privacy of the
individual’s record, and the criminal history information shall not
be made available to the employer.

(G) Notwithstanding any other law, the department is authorized
to provide an individual with a copy of his or her state or federal
level criminal offender record information search response as
provided to that department by the Department of Justice if the
department has denied a criminal background clearance based on
this information and the individual makes a written request to the
department for a copy specifying an address to which it is to be
sent. The state or federal level criminal offender record information
search response shall not be modified or altered from its form or
content as provided by the Department of Justice and shall be
provided to the address specified by the individual in his or her
written request. The department shall retain a copy of the
individual’s written request and the response and date provided.

(b) (1) In addition to the applicant, this section shall be
applicable to criminal convictions of the following persons:

(A) Adults responsible for administration or direct supervision
of staff.

(B) Any person, other than a client, residing in the begin delete facility. end delete
begin insert facility or certified family home. end insert

(C) Any person who provides client assistance in dressing,
grooming, bathing, or personal hygiene. Any nurse assistant or
home health aide meeting the requirements of Section 1338.5 or
1736.6, respectively, who is not employed, retained, or contracted
by the licensee, and who has been certified or recertified on or
after July 1, 1998, shall be deemed to meet the criminal record
clearance requirements of this section. A certified nurse assistant
and certified home health aide who will be providing client
assistance and who falls under this exemption shall provide one
copy of his or her current certification, prior to providing care, to
the community care facility. The facility shall maintain the copy
of the certification on file as long as care is being provided by the
certified nurse assistant or certified home health aide at the begin delete facility. end delete
begin insert facility or certified family home. end insert Nothing in this paragraph restricts
the right of the department to exclude a certified nurse assistant
or certified home health aide from a licensed community care
facility begin insert or certified family home end insert pursuant to Section 1558.

(D) Any staff person, volunteer, or employee who has contact
with the clients.

(E) If the applicant is a firm, partnership, association, or
corporation, the chief executive officer or other person serving in
like capacity.

(F) 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.

(2) The following persons are exempt from the requirements
applicable under paragraph (1):

(A) A medical professional as defined in department regulations
who holds a valid license or certification from the person’s
governing California medical care regulatory entity and who is
not employed, retained, or contracted by the licensee if all of the
following apply:

(i) The criminal record of the person has been cleared as a
condition of licensure or certification by the person’s governing
California medical care regulatory entity.

(ii) The person is providing time-limited specialized clinical
care or services.

(iii) The person is providing care or services within the person’s
scope of practice.

(iv) The person is not a community care facility licensee or an
employee of the facility.

(B) A third-party repair person or similar retained contractor if
all of the following apply:

(i) The person is hired for a defined, time-limited job.

(ii) The person is not left alone with clients.

(iii) When clients are present in the room in which the repair
person or contractor is working, a staff person who has a criminal
record clearance or exemption is also present.

(C) Employees of a licensed home health agency and other
members of licensed hospice interdisciplinary teams who have a
contract with a client or resident of the facility and are in the
facility at the request of that client or resident’s legal
decisionmaker. The exemption does not apply to a person who is
a community care facility licensee or an employee of the facility.

(D) Clergy and other spiritual caregivers who are performing
services in common areas of the community care facility or who
are advising an individual client at the request of, or with the
permission of, the client or legal decisionmaker, are exempt from
fingerprint and criminal background check requirements imposed
by community care licensing. This exemption does not apply to a
person who is a community care licensee or employee of the
facility.

(E) Members of fraternal, service, or similar organizations who
conduct group activities for clients if all of the following apply:

(i) Members are not left alone with clients.

(ii) Members do not transport clients off the facility premises.

(iii) The same organization does not conduct group activities
for clients more often than defined by the department’s regulations.

(3) In addition to the exemptions in paragraph (2), the following
persons in foster family homes, certified family homes, and small
family homes are exempt from the requirements applicable under
paragraph (1):

(A) Adult friends and family of the licensed or certified foster
parent, who come into the home to visit for a length of time no
longer than defined by the department in regulations, provided
that the adult friends and family of the licensee begin insert or certified parent end insert
are not left alone with the foster children. However, the begin delete licensee, end delete
begin insert licensee or certified parent, end insert acting as a reasonable and prudent
parent, as defined in paragraph (2) of subdivision (a) of Section
362.04 of the Welfare and Institutions Code, may allow his or her
adult friends and family to provide short-term care to the foster
child and act as an appropriate occasional short-term babysitter
for the child.

(B) Parents of a foster child’s friend when the foster child is
visiting the friend’s home and the friend, licensed or certified foster
parent, or both are also present. However, the begin delete licensee, end delete begin insert licensee
or certified parent, end insert acting as a reasonable and prudent parent, may
allow the parent of the foster child’s friend to act as an appropriate
short-term babysitter for the child without the friend being present.

(C) Individuals who are engaged by any licensed or certified
foster parent to provide short-term care to the child for periods not
to exceed 24 hours. Caregivers shall use a reasonable and prudent
parent standard in selecting appropriate individuals to act as
appropriate occasional short-term babysitters.

(4) In addition to the exemptions specified in paragraph (2), the
following persons in adult day care and adult day support centers
are exempt from the requirements applicable under paragraph (1):

(A) Unless contraindicated by the client’s individualized
program plan (IPP) or needs and service plan, a spouse, significant
other, relative, or close friend of a client, or an attendant or a
facilitator for a client with a developmental disability if the
attendant or facilitator is not employed, retained, or contracted by
the licensee. This exemption applies only if the person is visiting
the client or providing direct care and supervision to the client.

(B) A volunteer if all of the following applies:

(i) The volunteer is supervised by the licensee or a facility
employee with a criminal record clearance or exemption.

(ii) The volunteer is never left alone with clients.

(iii) The volunteer does not provide any client assistance with
dressing, grooming, bathing, or personal hygiene other than
washing of hands.

(5) (A) In addition to the exemptions specified in paragraph
(2), the following persons in adult residential and social
rehabilitation facilities, unless contraindicated by the client’s
individualized program plan (IPP) or needs and services plan, are
exempt from the requirements applicable under paragraph (1): a
spouse, significant other, relative, or close friend of a client, or an
attendant or a facilitator for a client with a developmental disability
if the attendant or facilitator is not employed, retained, or
contracted by the licensee. This exemption applies only if the
person is visiting the client or providing direct care and supervision
to that client.

(B) Nothing in this subdivision shall prevent a licensee from
requiring a criminal record clearance of any individual exempt
from the requirements of this section, provided that the individual
has client contact.

(6) Any person similar to those described in this subdivision,
as defined by the department in regulations.

(c) (1) Subsequent to initial licensure, a person specified in
subdivision (b) who is not exempted from fingerprinting shall
obtain either a criminal record clearance or an exemption from
disqualification pursuant to subdivision (g) from the State
Department of Social Services prior to employment, residence, or
initial presence in the facility. A person specified in subdivision
(b) who is not exempt from fingerprinting shall be fingerprinted
and shall sign a declaration under penalty of perjury regarding any
prior criminal convictions. The licensee shall submit fingerprint
images and related information to the Department of Justice and
the Federal Bureau of Investigation, through the Department of
Justice, for a state and federal level criminal offender record
information search, or comply with paragraph (1) of subdivision
(h). These fingerprint images and related information shall be sent
by electronic transmission in a manner approved by the State
Department of Social Services and the Department of Justice for
the purpose of obtaining a permanent set of fingerprints, and shall
be submitted to the Department of Justice by the licensee. A
licensee’s failure to prohibit the employment, residence, or initial
presence of a person specified in subdivision (b) who is not exempt
from fingerprinting and who has not received either a criminal
record clearance or an exemption from disqualification pursuant
to subdivision (g) 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 in the
amount of one hundred dollars ($100) per violation per day for a
maximum of five days, unless the violation is a second or
subsequent violation within a 12-month period in which case the
civil penalties shall be in the amount of one hundred dollars ($100)
per violation for a maximum of 30 days, and shall be grounds for
disciplining the licensee pursuant to Section 1550. The department
may assess civil penalties for continued violations as permitted by
Section 1548. The fingerprint images and related information shall
then be submitted to the Department of Justice 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 fingerprint
images, 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 fingerprint images.
Documentation of the individual’s clearance or exemption from
disqualification shall be maintained by the licensee and be available
for inspection. If new fingerprint images 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, the Department of Justice shall
notify the State Department of Social Services, as required by
Section 1522.04, and shall also 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 per day for a maximum of five days, unless
the violation is a second or subsequent violation within a 12-month
period in which case the civil penalties shall be in the amount of
one hundred dollars ($100) per violation for a maximum of 30
days, and shall be grounds for disciplining the licensee pursuant
to Section 1550. The department may assess civil penalties for
continued violations as permitted by Section 1548.

(3) Except for persons specified in subdivision (b) who are
exempt from fingerprinting, the licensee shall endeavor to ascertain
the previous employment history of persons required to be
fingerprinted. If it is determined by the State Department of Social
Services, on the basis of the fingerprint images and related
information submitted to the Department of Justice, that subsequent
to obtaining a criminal record clearance or exemption from
disqualification pursuant to subdivision (g), 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, 273d, 273g, or 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 from
disqualification 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 (A) terminate the person’s
employment, remove the person from the community care facility,
or bar the person from entering the community care facility; or
(B) seek an exemption from disqualification 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 from disqualification 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 result in a citation of deficiency and an immediate
assessment of civil penalties in the amount of one hundred dollars
($100) per violation per day and shall be grounds for disciplining
the licensee pursuant to Section 1550.

(4) The department may issue an exemption from
disqualification 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 regulations to establish the criteria
to grant an exemption from disqualification 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 from disqualification
pursuant to subdivision (g). The individual may seek an exemption
from disqualification 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 or certificate of approval to any
person or persons to operate 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
California and Federal Bureau of Investigation criminal history
information to determine whether the applicant or any person
specified in subdivision (b) who is not exempt from fingerprinting
has ever been convicted of a crime other than a minor traffic
violation or arrested for any crime specified in subdivision (c) of
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. The State
Department of Social Services or other approving authority shall
not issue a license or certificate of approval to any foster family
home or certified family home applicant who has not obtained
both a California and Federal Bureau of Investigation criminal
record clearance or exemption from disqualification pursuant to
subdivision (g).

(2) The criminal history information shall include the full
criminal record, if any, of those persons.

(3) Neither the Department of Justice nor the State Department
of Social Services may charge a fee 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.

(4) The following shall apply to the criminal record information:

(A) If the applicant or other persons specified in subdivision
(b) who are not exempt from fingerprinting 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) who is not
exempt from fingerprinting is awaiting trial for a crime other than
a minor traffic violation, the State Department of Social Services
or other approving authority may cease processing the application
until the conclusion of the trial.

(C) For 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) To the same extent required for federal funding, an applicant
for a foster family home license or for certification as a family
home, and any other person specified in subdivision (b) who is
not exempt from fingerprinting, shall submit a set of fingerprint
images and related information to the Department of Justice and
the Federal Bureau of Investigation, through the Department of
Justice, for a state and federal level criminal offender record
information search, in addition to the criminal records search
required by subdivision (a).

(5) 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, 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.

(6) (A) Subsequent to initial licensure or certification, a person
specified in subdivision (b) who is not exempt from fingerprinting
shall obtain both a California and Federal Bureau of Investigation
criminal record clearance, or an exemption from disqualification
pursuant to subdivision (g), prior to employment, residence, or
initial presence in the foster family or certified family home. A
foster family home licensee or foster family agency shall submit
fingerprint images and related information of persons specified in
subdivision (b) who are not exempt from fingerprinting to the
Department of Justice and the Federal Bureau of Investigation,
through the Department of Justice, for a state and federal level
criminal offender record information search, or to comply with
paragraph (1) of subdivision (h). A foster family home licensee’s
or a foster family agency’s failure to either prohibit the
employment, residence, or initial presence of a person specified
in subdivision (b) who is not exempt from fingerprinting and who
has not received either a criminal record clearance or an exemption
from disqualification pursuant to subdivision (g), or comply with
paragraph (1) of subdivision (h), as required in this section, shall
result in a citation of a deficiency, and the immediate civil penalties
of one hundred dollars ($100) per violation per day for a maximum
of five days, unless the violation is a second or subsequent violation
within a 12-month period in which case the civil penalties shall
be in the amount of one hundred dollars ($100) per violation for
a maximum of 30 days, and shall be grounds for disciplining the
licensee pursuant to Section 1550. A violation of the regulation
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 per day for a
maximum of five days, unless the violation is a second or
subsequent violation within a 12-month period in which case the
civil penalties shall be in the amount of one hundred dollars ($100)
per violation for a maximum of 30 days, and shall be grounds for
disciplining the foster family home licensee or the foster family
agency pursuant to Section 1550. The State Department of Social
Services may assess penalties for continued violations, as permitted
by Section 1548. The fingerprint images shall then be submitted
to the Department of Justice for processing.

(B) Upon request of the licensee, who shall enclose a
self-addressed envelope for this purpose, the Department of Justice
shall verify receipt of the 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 family 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.

(7) If the State Department of Social Services begin insert or other approving
authority end insert finds that the applicant, or any other person specified in
subdivision (b) who is not exempt from fingerprinting, has been
convicted of a crime other than a minor traffic violation, the
application shall be denied, unless the director grants an exemption
from disqualification pursuant to subdivision (g).

(8) If the State Department of Social Services begin insert or other approving
authority end insert finds after licensure or the granting of the certificate of
approval that the licensee, certified foster parent, or any other
person specified in subdivision (b) who is not exempt from
fingerprinting, 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 from
disqualification 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 that
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, when 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 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 paragraph (4) of subdivision (a), or for a license,
special permit, or certificate of approval as specified in paragraphs
(4), (7), and (8) of subdivision (d), or for employment, residence,
or presence in a community 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 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,
an exemption shall not be granted pursuant to this subdivision if
the conviction was for any of the following offenses:

(A) (i) 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 (c) of Section 290, or 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.

(ii) Notwithstanding clause (i), the director may grant an
exemption regarding the conviction for an offense described in
paragraph (1), (2), (7), or (8) of subdivision (c) of Section 667.5
of the Penal Code, if the employee or prospective employee 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. This
clause shall not apply to foster care providers, including relative
caregivers, nonrelated extended family members, or any other
person specified in subdivision (b), in those homes where the
individual has been convicted of an offense described in paragraph
(1) of subdivision (c) of Section 667.5 of the Penal Code.

(B) A felony offense specified in Section 729 of the Business
and Professions Code or Section 206 or 215, subdivision (a) of
Section 347, subdivision (b) of Section 417, or subdivision (a) of
Section 451 of the Penal Code.

(C) Under no circumstances shall an exemption be granted
pursuant to this subdivision to any foster care provider applicant
if that applicant, or any other person specified in subdivision (b)
in those homes, has a felony conviction for either of the following
offenses:

(i) A felony conviction for child abuse or neglect, spousal abuse,
crimes against a child, including child pornography, or for a crime
involving violence, including rape, sexual assault, or homicide,
but not including other physical assault and battery. For purposes
of this subparagraph, a crime involving violence means a violent
crime specified in clause (i) of subparagraph (A), or subparagraph
(B).

(ii) A felony conviction, within the last five years, for physical
assault, battery, or a drug- or alcohol-related offense.

(iii) This subparagraph shall not apply to licenses or approvals
wherein a caregiver was granted an exemption to a criminal
conviction described in clause (i) or (ii) prior to the enactment of
this subparagraph.

(iv) This subparagraph shall remain operative only to the extent
that compliance with its provisions is required by federal law as
a condition for receiving funding under Title IV-E of the federal
Social Security Act (42 U.S.C. Sec. 670 et seq.).

(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
record 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 facility licensed by a state licensing district
office. The request shall be in writing to the State Department of
Social Services, 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 envelope for this purpose, the State Department
of Social Services 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 three years
after an employee is no longer employed at a licensed facility in
order for the criminal record clearance to be transferred.

(3) The following shall apply to a criminal record clearance or
exemption from the department or a county office with
department-delegated licensing authority:

(A) A county office with department-delegated licensing
authority may accept a clearance or exemption from the
department.

(B) The department may accept a clearance or exemption from
any county office with department-delegated licensing authority.

(C) A county office with department-delegated licensing
authority may accept a clearance or exemption from any other
county office with department-delegated licensing authority.

(4) With respect to notifications issued by the Department of
Justice pursuant to Section 11105.2 of the Penal Code concerning
an individual whose criminal record clearance was originally
processed by the department or a county office with
department-delegated licensing authority, all of the following shall
apply:

(A) The Department of Justice shall process a request from the
department or a county office with department-delegated licensing
authority to receive the notice only if all of the following conditions
are met:

(i) The request shall be submitted to the Department of Justice
by the agency to be substituted to receive the notification.

(ii)  The request shall be for the same applicant type as the type
for which the original clearance was obtained.

(iii) The request shall contain all prescribed data elements and
format protocols pursuant to a written agreement between the
department and the Department of Justice.

(B) (i) On or before January 7, 2005, the department shall notify
the Department of Justice of all county offices that have
department-delegated licensing authority.

(ii) The department shall notify the Department of Justice within
15 calendar days of the date on which a new county office receives
department-delegated licensing authority or a county’s delegated
licensing authority is rescinded.

(C) The Department of Justice shall charge the department, a
county office with department-delegated licensing authority, or a
county child welfare agency with criminal record clearance and
exemption authority, a fee for each time a request to substitute the
recipient agency is received for purposes of this paragraph. This
fee shall not exceed the cost of providing the service.

(5) (A) A county child welfare agency with authority to secure
clearances pursuant to Section 16504.5 of the Welfare and
Institutions Code and to grant exemptions pursuant to Section
361.4 of the Welfare and Institutions Code may accept a clearance
or exemption from another county with criminal record and
exemption authority pursuant to these sections.

(B) With respect to notifications issued by the Department of
Justice pursuant to Section 11105.2 of the Penal Code concerning
an individual whose criminal record clearance was originally
processed by a county child welfare agency with criminal record
clearance and exemption authority, the Department of Justice shall
process a request from a county child welfare agency with criminal
record and exemption authority to receive the notice only if all of
the following conditions are met:

(i) The request shall be submitted to the Department of Justice
by the agency to be substituted to receive the notification.

(ii) The request shall be for the same applicant type as the type
for which the original clearance was obtained.

(iii) The request shall contain all prescribed data elements and
format protocols pursuant to a written agreement between the State
Department of Social Services and the Department of Justice.

(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) The State Department of Social Services may charge a fee
for the costs of processing electronic fingerprint images and related
information.

(l) Amendments to this section made in the 1999 portion of the
1999-2000 Regular Session shall be implemented commencing
60 days after the effective date of the act amending this section in
the 1999 portion of the 1999-2000 Regular Session, except that
those provisions for the submission of fingerprints for searching
the records of the Federal Bureau of Investigation shall be
implemented 90 days after the effective date of that act.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 1523.1 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1523.1.  

(a)  begin insert (1) end insert begin insert   end insert An application fee adjusted by facility and
capacity shall be charged by the department for the issuance of a
license. After initial licensure, a fee shall be charged by the
department annually on each anniversary of the effective date of
the license. The fees are for the purpose of financing the activities
specified in this chapter. Fees shall be assessed as begin delete follows: end delete begin insert follows,
subject to paragraph (2): end insert

 

begin delete

Fee Schedule
Facility Type	Capacity	Initial Application	Annual
Foster Family and Adoption Agencies		$2,750	$1,375
Adult Day Programs	1-15	$165	$83
	16-30	$275	$138
	31-60	$550	$275
	61-75	$689	$344
	76-90	$825	$413
	91-120	$1,100	$550
	121+	$1,375	$688
Other Community Care Facilities	1-3	$413	$413
	4-6	$825	$413
	7-15	$1,239	$619
	16-30	$1,650	$825
	31-49	$2,064	$1,032
	50-74	$2,477	$1,239
	75-100	$2,891	$1,445
	101-150	$3,304	$1,652
	151-200	$3,852	$1,926
	201-250	$4,400	$2,200
	251-300	$4,950	$2,475
	301-350	$5,500	$2,750
	351-400	$6,050	$3,025
	401-500	$7,150	$3,575
	501-600	$8,250	$4,125
	601-700	$9,350	$4,675
	701+	$11,000	$5,500

end delete

 

 

begin insert

begin insert Fee Schedule end insert
begin insert Facility Type end insert	begin insert Capacity end insert	begin insert Initial Application end insert	begin insert Annual end insert
begin insert Foster Family and Adoption Agencies end insert	begin insert   end insert	begin insert $3,025 end insert	begin insert $1,513 end insert
begin insert Adult Day Programs end insert	begin insert   1-15 end insert	begin insert   $182 end insert	begin insert   $91 end insert
	begin insert  16-30 end insert	begin insert   $303 end insert	begin insert  $152 end insert
	begin insert  31-60 end insert	begin insert   $605 end insert	begin insert  $303 end insert
	begin insert  61-75 end insert	begin insert   $758 end insert	begin insert  $378 end insert
	begin insert  76-90 end insert	begin insert   $908 end insert	begin insert  $454 end insert
	begin insert  91-120 end insert	begin insert  $1,210 end insert	begin insert  $605 end insert
	begin insert 121+ end insert	begin insert  $1,513 end insert	begin insert  $757 end insert
begin insert   end insert	begin insert   end insert	begin insert   end insert	begin insert   end insert
begin insert Other Community Care Facilities end insert	begin insert   1-3 end insert	begin insert   $454 end insert	begin insert  $454 end insert
	begin insert   4-6 end insert	begin insert   $908 end insert	begin insert  $454 end insert
	begin insert   7-15 end insert	begin insert  $1,363 end insert	begin insert  $681 end insert
	begin insert  16-30 end insert	begin insert  $1,815 end insert	begin insert  $908 end insert
	begin insert  31-49 end insert	begin insert  $2,270 end insert	begin insert $1,135 end insert
begin insert   end insert	begin insert  50-74 end insert	begin insert  $2,725 end insert	begin insert $1,363 end insert
begin insert   end insert	begin insert  75-100 end insert	begin insert  $3,180 end insert	begin insert $1,590 end insert
begin insert   end insert	begin insert 101-150   end insert	begin insert  $3,634 end insert	begin insert $1,817 end insert
begin insert   end insert	begin insert 151-200   end insert	begin insert  $4,237 end insert	begin insert $2,119 end insert
begin insert   end insert	begin insert 201-250   end insert	begin insert  $4,840 end insert	begin insert $2,420 end insert
begin insert   end insert	begin insert 251-300   end insert	begin insert  $5,445 end insert	begin insert $2,723 end insert
begin insert   end insert	begin insert 301-350   end insert	begin insert  $6,050 end insert	begin insert $3,025 end insert
begin insert   end insert	begin insert 351-400   end insert	begin insert  $6,655 end insert	begin insert    $3,328 end insert
begin insert   end insert	begin insert 401-500   end insert	begin insert     $7,865 end insert	begin insert    $3,933 end insert
begin insert   end insert	begin insert 501-600   end insert	begin insert     $9,075 end insert	begin insert    $4,538 end insert
begin insert   end insert	begin insert 601-700   end insert	begin insert    $10,285 end insert	begin insert    $5,143 end insert
begin insert   end insert	begin insert 701+   end insert	begin insert    $12,100 end insert	begin insert    $6,050 end insert

end insert

 

begin insert

(2) (A) The Legislature finds that all revenues generated by
fees for licenses computed under this section and used for the
purposes for which they were imposed are not subject to Article
XIII B of the California Constitution.

end insert begin insert

(B) The department, at least every five years, shall analyze
initial application fees and annual fees issued by it to ensure the
appropriate fee amounts are charged. The department shall
recommend to the Legislature that fees established by the
Legislature be adjusted as necessary to ensure that the amounts
are appropriate.

end insert

(b) (1) In addition to fees set forth in subdivision (a), the
department shall charge the following fees:

(A) A fee that represents 50 percent of an established application
fee when an existing licensee moves the facility to a new physical
address.

(B) A fee that represents 50 percent of the established
application fee when a corporate licensee changes who has the
authority to select a majority of the board of directors.

(C) A fee of twenty-five dollars ($25) when an existing licensee
seeks to either increase or decrease the licensed capacity of the
facility.

(D) An orientation fee of fifty dollars ($50) for attendance by
any individual at a department-sponsored orientation session.

(E) A probation monitoring fee equal to the begin insert current end insert annual fee,
in addition to the begin insert current end insert annual fee for that category and capacity
for each year a license has been placed on probation as a result of
a stipulation or decision and order pursuant to the administrative
adjudication procedures of the Administrative Procedure Act
(Chapter 4.5 (commencing with Section 11400) and Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title
2 of the Government Code).

(F) A late fee that represents an additional 50 percent of the
established begin insert current end insert annual fee when any licensee fails to pay the
begin insert current end insert annual licensing fee on or before the due date as indicated
by postmark on the payment.

(G) A fee to cover any costs incurred by the department for
processing payments including, but not limited to, bounced check
charges, charges for credit and debit transactions, and postage due
charges.

(H) A plan of correction fee of two hundred dollars ($200) when
any licensee does not implement a plan of correction on or prior
to the date specified in the plan.

(2) Foster family homes shall be exempt from the fees imposed
pursuant to this subdivision.

(3) Foster family agencies shall be annually assessed
eighty-eight dollars ($88) for each home certified by the agency.

(4) No local jurisdiction shall impose any business license, fee,
or tax for the privilege of operating a facility licensed under this
chapter which serves six or fewer persons.

(c) (1) The revenues collected from licensing fees pursuant to
this section shall be utilized by the department for the purpose of
ensuring the health and safety of all individuals provided care and
supervision by licensees and to support activities of the licensing
program, including, but not limited to, monitoring facilities for
compliance with licensing laws and regulations pursuant to this
chapter, and other administrative activities in support of the
licensing program, when appropriated for these purposes. The
revenues collected shall be used in addition to any other funds
appropriated in the Budget Act in support of the licensing program.
begin insert The department shall adjust the fees collected pursuant to this
section as necessary to ensure that they do not exceed the costs
described in this paragraph. end insert

(2) The department shall not utilize any portion of these revenues
sooner than 30 days after notification in writing of the purpose
and use of this revenue, as approved by the Director of Finance,
to the Chairperson of the Joint Legislative Budget Committee, and
the chairpersons of the committee in each house that considers
appropriations for each fiscal year. The department shall submit
a budget change proposal to justify any positions or any other
related support costs on an ongoing basis.

(d) A facility may use a bona fide business check to pay the
license fee required under this section.

(e) The failure of an applicant or licensee to pay all applicable
and accrued fees and civil penalties shall constitute grounds for
denial or forfeiture of a license.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 1523.2 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1523.2.  

(a) Beginning with the 1996-97 fiscal year, there is
hereby created in the State Treasury the Technical Assistance
Fund, from which money, upon appropriation by the Legislature
in the Budget Act, shall be expended by the department to fund
administrative and other activities in support of the licensing
program.

(b) In each fiscal year, fees collected by the department pursuant
to Sections 1523.1, 1568.05, 1569.185, and 1596.803 shall be
deposited into the Technical Assistance Fund created pursuant to
subdivision (a) and shall be expended by the department for the
purpose of ensuring the health and safety of all individuals provided
care and supervision by licensees and to support activities of the
licensing program, including, but not limited to, monitoring
facilities for compliance with applicable laws and regulations.

(c) Notwithstanding any other provision of law, revenues
received by the department from payment of civil penalties
imposed on licensed facilities pursuant to Sections 1522, 1536,
1547, 1548, 1568.0821, 1568.0822, 1568.09, 1569.17, 1569.485,
and 1569.49 shall be deposited into the Technical Assistance Fund
created pursuant to subdivision (a), and begin delete shall end delete begin insert may end insert be expended by
the department begin delete exclusively end delete for the technical assistance, training,
and education of licensees.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 1533 of the end insert begin insert Health and Safety Code end insert begin insert is amended
to read: end insert

1533.  

begin insert (a) end insert begin insert   end insert Except as otherwise provided in this section, any
duly authorized officer, employee, or agent of the State Department
of Social Services may, upon presentation of proper identification,
enter and inspect any place providing personal care, supervision,
and services at any time, with or without advance notice, to secure
compliance with, or to prevent a violation of, any provision of this
chapter.

begin delete

Foster

end delete

begin insert (b) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert Foster end insert family homes begin delete which end delete begin insert that end insert are considered private
residences for the purposes of Section 1530.5 shall not be subject
to inspection by the department or its officers without advance
notice, except in response to a begin delete complaint. end delete begin insert complaint, a plan of
correction, or as set forth in Section 1534. end insert The begin delete unannounced visits end delete
begin insert complaint inspection end insert shall not constitute begin delete the annual evaluation
visit end delete begin insert an inspection as end insert required by Section 1534. begin delete Inspection visits
to end delete begin insert Announced inspections of end insert foster family homes begin insert required by
Section 1534 end insert shall be made during normal business hours, unless
the serious nature of a complaint requires otherwise.

begin delete

“Normal business hours,” as

end delete

begin insert (2) end insert begin insert   end insert begin insert As end insert used in this begin delete section, end delete begin insert subdivision, “normal business hours” end insert
means from 8 a.m. to 5 p.m., inclusive, of each day from Monday
to Friday, inclusive, other than state holidays.

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 1534 of the end insert begin insert Health and Safety Code end insert begin insert is amended
to read: end insert

1534.  

begin insert

(a) (1) (A) Except for foster family homes, every
licensed community care facility shall be subject to unannounced
inspections by the department.

end insert begin insert

(B) Foster family homes shall be subject to announced
inspections by the department, except that a foster family home
shall be subject to unannounced inspections in response to a
complaint, a plan of correction, or under any of the circumstances
set forth in subparagraph (B) of paragraph (2).

end insert begin delete

(a) (1) Every licensed community care facility shall be subject
to unannounced visits by the department. The

end delete

begin insert (2) end insert begin insert   end insert begin insert (A) end insert begin insert   end insert begin insert The end insert department begin delete shall visit end delete begin insert may inspect end insert these facilities
as often as necessary to ensure the quality of care provided.

begin delete

(A)

end delete

begin insert (B) end insert  The department shall conduct an annual unannounced begin delete visit
to end delete begin insert inspection of end insert a facility under any of the following circumstances:

(i) When a license is on probation.

(ii) When the terms of agreement in a facility compliance plan
require an annual begin delete evaluation. end delete begin insert inspection. end insert

(iii) When an accusation against a licensee is pending.

(iv) When a facility requires an annual begin delete visit end delete begin insert inspection end insert as a
condition of receiving federal financial participation.

(v) In order to verify that a person who has been ordered out of
a facility by the department is no longer at the facility.

begin insert

(C) (i) The department shall conduct annual unannounced
inspections of no less than 20 percent of facilities, except for foster
family homes, not subject to an inspection under subparagraph
(B).

end insert begin insert

(ii) The department shall conduct annual announced inspections
of no less than 20 percent of foster family homes not subject to an
inspection under subparagraph (B).

end insert begin delete

(B) (i) The department shall conduct annual unannounced visits
to no less than 20 percent of facilities not subject to an evaluation
under subparagraph (A). These unannounced visits

end delete

begin insert (iii) end insert begin insert   end insert begin insert These inspections end insert shall be conducted based on a random
sampling methodology developed by the department.

begin delete

(ii)

end delete

begin insert (iv) end insert  If the total citations issued by the department begin insert to facilities end insert
exceed the previous year’s total by 10 percent, the following year
the department shall increase the random sample by an additional
10 percent of the facilities not subject to an begin delete evaluation end delete begin insert inspection end insert
under subparagraph begin delete (A). end delete begin insert (B). end insert The department may request
additional resources to increase the random sample by 10 percent.

begin delete

(C) Under no circumstance shall the department visit a

end delete

begin insert (v) end insert begin insert   end insert begin insert The department shall not inspect a licensed end insert community care
facility less often than once every five years.

begin delete

(D)

end delete

begin insert (3) end insert  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 begin insert public or end insert 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.

begin delete

(2)

end delete

begin insert (4) end insert  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.

begin delete

(3)

end delete

begin insert (5) end insert  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.

(b) (1)  begin delete Nothing in this end delete begin insert This end insert section begin delete shall end delete begin insert does not end insert 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
begin delete where end delete begin insert in which end insert a licensed community care facility is certifying
compliance with licensing requirements.

begin insert

(2) (A) A foster family agency shall conduct an announced
inspection of a certified family home during the annual
recertification described in Section 1506 in order to ensure that
the certified family home meets all applicable licensing standards.
A foster family agency may inspect a certified family home as often
as necessary to ensure the quality of care provided.

end insert begin insert

(B) In addition to the inspections required pursuant to
subparagraph (A), a foster family agency shall conduct an
unannounced inspection of a certified family home under any of
the following circumstances:

end insert begin insert

(i) When a certified family home is on probation.

end insert begin insert

(ii) When the terms of the agreement in a facility compliance
plan require an annual inspection.

end insert begin insert

(iii) When an accusation against a certified family home is
pending.

end insert begin insert

(iv) When a certified family home requires an annual inspection
as a condition of receiving federal financial participation.

end insert begin insert

(v) In order to verify that a person who has been ordered out
of a certified family home by the department is no longer at the
home.

end insert begin delete

(2)

end delete

begin insert (3) end insert  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 begin insert certified end insert family home. The begin delete family home end delete
begin insert certified parent or prospective foster parent end insert shall be afforded the
due process provided pursuant to this chapter.

begin delete

(3)

end delete

begin insert (4) end insert  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.

begin delete

(4)

end delete

begin insert (5) end insert  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.

begin delete

(5)

end delete

begin insert (6) end insert  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.

begin delete

(6)

end delete

begin insert (7) end insert  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.

begin delete

(7)

end delete

begin insert (8) end insert  Hearings held pursuant to this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of
begin insert Part 1 of end insert Division 3 of Title 2 of the Government Code. In all
proceedings conducted in accordance with this section the standard
of proof shall be by a preponderance of the evidence.

begin delete

(8)

end delete

begin insert (9) end insert  The department may institute or continue a disciplinary
proceeding against a certified or prospective foster parent upon
any ground provided by this begin delete section, end delete begin insert section or Section 1550, end insert 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.

begin delete

(9)

end delete

begin insert (10) end insert  A foster family agency’s failure to comply with the
department’s order to deny or revoke the certificate of begin delete employment end delete
begin insert approval end insert by placing or retaining children in care shall be grounds
for disciplining the licensee pursuant to Section 1550.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 1546 of the end insert begin insert Health and Safety Code end insert begin insert is repealed. end insert

begin delete

1546.  

The department may require not more than 50 percent
of each penalty assessed pursuant to Section 1548 to be transmitted
to the department for use by the Community Care Licensing
Division of the state department to establish an emergency resident
relocation fund to be utilized for the relocation and care of residents
when a facility’s license is revoked or temporarily suspended,
when appropriated by the Legislature. The money in the fund shall
cover costs, including but not limited to, transportation expenses,
expenses incurred in notifying family members, and any other
costs directly associated with providing continuous care to the
residents. The department shall seek the advice of providers in
developing a state plan for emergency resident relocation.

end delete

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 1546 is added to the end insert begin insert Health and Safety Code end insert begin insert ,
to read: end insert

begin insert

begin insert 1546. end insert   

An emergency client contingency account may be
established within the Technical Assistance Fund to which not
more than 50 percent of each penalty assessed pursuant to Section
1548 is deposited for use by the Community Care Licensing
Division of the department, at the discretion of the director, for
the care and relocation of clients when a facility’s license is
revoked or temporarily suspended. The money in the account shall
cover costs, including, but not limited to, transportation expenses,
expenses incurred in notifying family members, and any other costs
directly associated with providing continuous care and supervision
to the clients. The department may seek the opinion of stakeholders
and local governmental agencies in developing policies for
emergency client care and supervision.

end insert

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 1546.1 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 1546.1. end insert   

(a) (1) It is the intent of the Legislature in enacting
this section to authorize the department to take quick, effective
action to protect the health and safety of clients of community care
facilities and to minimize the effects of transfer trauma that
accompany the abrupt transfer of clients by appointing a temporary
manager to assume the operation of a facility that is found to be
in a condition in which continued operation by the licensee or his
or her representative presents a substantial probability of imminent
danger of serious physical harm or death to the clients.

(2) A temporary manager appointed pursuant to this section
shall assume the operation of the facility in order to bring it into
compliance with the law, facilitate a transfer of ownership to a
new licensee, or ensure the orderly transfer of clients should the
facility be required to close. Upon a final decision and order of
revocation of the license or a forfeiture by operation of law, the
department shall immediately issue a provisional license to the
appointed temporary manager. Notwithstanding the applicable
sections of this code governing the revocation of a provisional
license, the provisional license issued to a temporary manager
shall automatically expire upon the termination of the temporary
manager. The temporary manager shall possess the provisional
license solely for purposes of carrying out the responsibilities
authorized by this section and the duties set forth in the written
agreement between the department and the temporary manager.
The temporary manager shall have no right to appeal the
expiration of the provisional license.

(b) For purposes of this section, “temporary manager” means
the person, corporation, or other entity appointed temporarily by
the department as a substitute facility licensee or administrator
with authority to hire, terminate, reassign staff, obligate facility
funds, alter facility procedures, and manage the facility to correct
deficiencies identified in the facility’s operation. The temporary
manager shall have the final authority to direct the care and
supervision activities of any person associated with the facility,
including superseding the authority of the licensee and the
administrator.

(c) The director may appoint a temporary manager when it is
determined that it is necessary to temporarily suspend any license
of a community care facility pursuant to Section 1550.5 and any
of the following circumstances exist:

(1) The immediate relocation of the clients is not feasible based
on transfer trauma, lack of alternate placements, or other
emergency considerations for the health and safety of the clients.

(2) The licensee is unwilling or unable to comply with the
requirements of Section 1556 for the safe and orderly relocation
of clients when ordered to do so by the department.

(d) (1) Upon appointment, the temporary manager shall
complete its application for a license to operate a community care
facility and take all necessary steps and make best efforts to
eliminate any substantial threat to the health and safety to clients
or complete the transfer of clients to alternative placements
pursuant to Section 1556. For purposes of a provisional license
issued to a temporary manager, the licensee’s existing fire safety
clearance shall serve as the fire safety clearance for the temporary
manager’s provisional license.

(2) A person shall not impede the operation of a temporary
manager. The temporary manager’s access to, or possession of,
the property shall not be interfered with during the term of the
temporary manager appointment. There shall be an automatic stay
for a 60-day period subsequent to the appointment of a temporary
manager of any action that would interfere with the functioning
of the facility, including, but not limited to, termination of utility
services, attachments or set-offs of client trust funds, and
repossession of equipment in the facility.

(e) (1) The appointment of a temporary manager shall be
immediately effective and shall continue for a period not to exceed
60 days unless otherwise extended in accordance with paragraph
(2) of subdivision (h) at the discretion of the department or
otherwise terminated earlier by any of the following events:

(A) The temporary manager notifies the department, and the
department verifies, that the facility meets state and, if applicable,
federal standards for operation, and will be able to continue to
maintain compliance with those standards after the termination
of the appointment of the temporary manager.

(B) The department approves a new temporary manager.

(C) A new operator is licensed.

(D) The department closes the facility.

(E) A hearing or court order ends the temporary manager
appointment, including the appointment of a receiver under Section
1546.2.

(F) The appointment is terminated by the department or the
temporary manager.

(2) The appointment of a temporary manager shall authorize
the temporary manager to act pursuant to this section. The
appointment shall be made pursuant to a written agreement
between the temporary manager and the department that outlines
the circumstances under which the temporary manager may expend
funds. The department shall provide the licensee and administrator
with a copy of the accusation to appoint a temporary manager at
the time of appointment. The accusation shall notify the licensee
of the licensee’s right to petition the Office of Administrative
Hearings for a hearing to contest the appointment of the temporary
manager as described in subdivision (f) and shall provide the
licensee with a form and appropriate information for the licensee’s
use in requesting a hearing.

(3) The director may rescind the appointment of a temporary
manager and appoint a new temporary manager at any time that
the director determines the temporary manager is not adhering to
the conditions of the appointment.

(f) (1) The licensee of a community care facility may contest
the appointment of the temporary manager by filing a petition for
an order to terminate the appointment of the temporary manager
with the Office of Administrative Hearings within 15 days from
the date of mailing of the accusation to appoint a temporary
manager under subdivision (e). On the same day as the petition is
filed with the Office of Administrative Hearings, the licensee shall
serve a copy of the petition to the office of the director.

(2) Upon receipt of a petition under paragraph (1), the Office
of Administrative Hearings shall set a hearing date and time within
10 business days of the receipt of the petition. The office shall
promptly notify the licensee and the department of the date, time,
and place of the hearing. The office shall assign the case to an
administrative law judge. At the hearing, relevant evidence may
be presented pursuant to Section 11513 of the Government Code.
The administrative law judge shall issue a written decision on the
petition within 10 business days of the conclusion of the hearing.
The 10-day time period for holding the hearing and for rendering
a decision may be extended by the written agreement of the parties.

(3) The administrative law judge shall uphold the appointment
of the temporary manager if the department proves, by a
preponderance of the evidence, that the circumstances specified
in subdivision (c) applied to the facility at the time of the
appointment. The administrative law judge shall order the
termination of the temporary manager if the burden of proof is
not satisfied.

(4) The decision of the administrative law judge is subject to
judicial review as provided in Section 1094.5 of the Code of Civil
Procedure by the superior court of the county where the facility
is located. This review may be requested by the licensee of the
facility or the department by filing a petition seeking relief from
the order. The petition may also request the issuance of temporary
injunctive relief pending the decision on the petition. The superior
court shall hold a hearing within 10 business days of the filing of
the petition and shall issue a decision on the petition within 10
days of the hearing. The department may be represented by legal
counsel within the department for purposes of court proceedings
authorized under this section.

(g) If the licensee of the community care facility does not protest
the appointment or does not prevail at either the administrative
hearing under paragraph (2) of subdivision (f) or the superior
court hearing under paragraph (4) of subdivision (f), the temporary
manager shall continue in accordance with subdivision (e).

(h) (1) If the licensee of the community care facility petitions
the Office of Administrative Hearings pursuant to subdivision (f),
the appointment of the temporary manager by the director pursuant
to this section shall continue until it is terminated by the
administrative law judge or by the superior court, or it shall
continue until the conditions of subdivision (e) are satisfied,
whichever is earlier.

(2) At any time during the appointment of the temporary
manager, the director may request an extension of the appointment
by filing a petition for hearing with the Office of Administrative
Hearings and serving a copy of the petition on the licensee. The
office shall proceed as specified in paragraph (2) of subdivision
(f). The administrative law judge may extend the appointment of
the temporary manager an additional 60 days upon a showing by
the department that the conditions specified in subdivision (c)
continue to exist.

(3) The licensee or the department may request review of the
administrative law judge’s decision on the extension as provided
in paragraph (4) of subdivision (f).

(i) The temporary manager appointed pursuant to this section
shall meet the following qualifications:

(1) Be qualified to oversee correction of deficiencies on the
basis of experience and education.

(2) Not be the subject of any pending actions by the department
or any other state agency nor have ever been excluded from a
department licensed facility or had a license or certification
suspended or revoked by an administrative action by the
department or any other state agency.

(3) Have no financial ownership interest in the facility and have
no member of his or her immediate family who has a financial
ownership interest in the facility.

(4) Not currently serve, or within the past two years have served,
as a member of the staff of the facility.

(j) Payment of the costs of the temporary manager shall comply
with the following requirements:

(1) Upon agreement with the licensee, the costs of the temporary
manager and any other expenses in connection with the temporary
management shall be paid directly by the facility while the
temporary manager is assigned to that facility. Failure of the
licensee to agree to the payment of those costs may result in the
payment of the costs by the department and subsequent required
reimbursement of the department by the licensee pursuant to this
section.

(2) Direct costs of the temporary manager shall be equivalent
to the sum of the following:

(A) The prevailing fee paid by licensees for positions of the
same type in the facility’s geographic area.

(B) Additional costs that reasonably would have been incurred
by the licensee if the licensee and the temporary manager had
been in an employment relationship.

(C) Any other reasonable costs incurred by the temporary
manager in furnishing services pursuant to this section.

(3) May exceed the amount specified in paragraph (2) if the
department is otherwise unable to attract a qualified temporary
manager.

(k) (1) The responsibilities of the temporary manager may
include, but are not limited to, the following:

(A) Paying wages to staff. The temporary manager shall have
the full power to hire, direct, manage, and discharge employees
of the facility, subject to any contractual rights they may have. The
temporary manager shall pay employees at the same rate of
compensation, including benefits, that the employees would have
received from the licensee or wages necessary to provide adequate
staff for the protection of clients and compliance with the law.

(B) Preserving client funds. The temporary manager shall be
entitled to, and shall take possession of, all property or assets of
clients that are in the possession of the licensee or administrator
of the facility. The temporary manager shall preserve all property,
assets, and records of clients of which the temporary manager
takes possession.

(C) Contracting for outside services as may be needed for the
operation of the facility. Any contract for outside services in excess
of five thousand dollars ($5,000) shall be approved by the director.

(D) Paying commercial creditors of the facility to the extent
required to operate the facility. The temporary manager shall
honor all leases, mortgages, and secured transactions affecting
the building in which the facility is located and all goods and
fixtures in the building, but only to the extent of payments that, in
the case of a rental agreement, are for the use of the property
during the period of the temporary management, or that, in the
case of a purchase agreement, come due during the period of the
temporary management.

(E) Doing all things necessary and proper to maintain and
operate the facility in accordance with sound fiscal policies. The
temporary manager shall take action as is reasonably necessary
to protect or conserve the assets or property of which the
temporary manager takes possession and may use those assets or
property only in the performance of the powers and duties set out
in this section.

(2) Expenditures by the temporary manager in excess of five
thousand dollars ($5,000) shall be approved by the director. Total
encumbrances and expenditures by the temporary manager for
the duration of the temporary management shall not exceed the
sum of forty-nine thousand nine hundred ninety-nine dollars
($49,999) unless approved by the director in writing.

(3) The temporary manager shall make no capital improvements
to the facility in excess of five thousand dollars ($5,000) without
the approval of the director.

(l) (1) To the extent department funds are advanced for the
costs of the temporary manager or for other expenses in connection
with the temporary management, the department shall be
reimbursed from the revenues accruing to the facility or to the
licensee or an entity related to the licensee. Any reimbursement
received by the department shall be redeposited in the account
from which the department funds were advanced. If the revenues
are insufficient to reimburse the department, the unreimbursed
amount shall constitute a lien upon the assets of the facility or the
proceeds from the sale thereof. The lien against the personal assets
of the facility or an entity related to the licensee shall be filed with
the Secretary of State on the forms required for a notice of
judgment lien. A lien against the real property of the facility or an
entity related to the licensee shall be recorded with the county
recorder of the county where the facility of the licensee is located
or where the real property of the entity related to the licensee is
located. The lien shall not attach to the interests of a lessor, unless
the lessor is operating the facility. The authority to place a lien
against the personal and real property of the licensee for the
reimbursement of any state funds expended pursuant to this section
shall be given judgment creditor priority.

(2) For purposes of this section, “entity related to the licensee”
means an entity, other than a natural person, of which the licensee
is a subsidiary or an entity in which a person who was obligated
to disclose information under Section 1520 possesses an interest
that would also require disclosure pursuant to Section 1520.

(m) Appointment of a temporary manager under this section
does not relieve the licensee of any responsibility for the care and
supervision of clients under this chapter. The licensee, even if the
license is deemed surrendered or the facility abandoned, shall be
required to reimburse the department for all costs associated with
operation of the facility during the period the temporary manager
is in place that are not accounted for by using facility revenues or
for the relocation of clients handled by the department if the
licensee fails to comply with the relocation requirements of Section
1556 when required by the department to do so. If the licensee
fails to reimburse the department under this section, then the
department, along with using its own remedies available under
this chapter, may request that the Attorney General’s office, the
city attorney’s office, or the local district attorney’s office seek
any available criminal, civil, or administrative remedy, including,
but not limited to, injunctive relief, restitution, and damages in the
same manner as provided for in Chapter 5 (commencing with
Section 17200) of Part 2 of Division 7 of the Business and
Professions Code.

(n) The department may use funds from the emergency client
contingency account pursuant to Section 1546 when needed to
supplement the operation of the facility or the transfer of clients
under the control of the temporary manager appointed under this
section if facility revenues are unavailable or exhausted when
needed. Pursuant to subdivision (l), the licensee shall be required
to reimburse the department for any funds used from the emergency
client contingency account during the period of control of the
temporary manager and any incurred costs of collection.

(o) This section does not apply to a residential facility that
serves six or fewer persons and is also the principal residence of
the licensee.

(p) Notwithstanding any other provision of law, the temporary
manager shall be liable only for damages resulting from gross
negligence in the operation of the facility or intentional tortious
acts.

(q) All governmental immunities otherwise applicable to the
state shall also apply to the state in the use of a temporary manager
in the operation of a facility pursuant to this section.

(r) A licensee shall not be liable for any occurrences during the
temporary management under this section except to the extent that
the occurrences are the result of the licensee’s conduct.

(s) The department may adopt regulations for the administration
of this section.

end insert

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 1546.2 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 1546.2. end insert   

(a) It is the intent of the Legislature in enacting this
section to authorize the department to take quick, effective action
to protect the health and safety of residents of community care
facilities and to minimize the effects of transfer trauma that
accompany the abrupt transfer of clients through a system whereby
the department may apply for a court order appointing a receiver
to temporarily operate a community care facility. The receivership
is not intended to punish a licensee or to replace attempts to secure
cooperative action to protect the clients’ health and safety. The
receivership is intended to protect the clients in the absence of
other reasonably available alternatives. The receiver shall assume
the operation of the facility in order to bring it into compliance
with law, facilitate a transfer of ownership to a new licensee, or
ensure the orderly transfer of clients should the facility be required
to close.

(b) (1) Whenever circumstances exist indicating that continued
management of a community care facility by the current licensee
would present a substantial probability or imminent danger of
serious physical harm or death to the clients, or the facility is
closing or intends to terminate operation as a community care
facility and adequate arrangements for relocation of clients have
not been made at least 30 days prior to the closing or termination,
the director may petition the superior court for the county in which
the community care facility is located for an order appointing a
receiver to temporarily operate the community care facility in
accordance with this section.

(2) The petition shall allege the facts upon which the action is
based and shall be supported by an affidavit of the director. A
copy of the petition and affidavits, together with an order to appear
and show cause why temporary authority to operate the community
care facility should not be vested in a receiver pursuant to this
section, shall be delivered to the licensee, administrator, or a
responsible person at the facility to the attention of the licensee
and administrator. The order shall specify a hearing date, which
shall be not less than 10, nor more than 15, days following delivery
of the petition and order upon the licensee, except that the court
may shorten or lengthen the time upon a showing of just cause.

(c) (1) If the director files a petition pursuant to subdivision
(b) for appointment of a receiver to operate a community care
facility, in accordance with Section 564 of the Code of Civil
Procedure, the director may also petition the court, in accordance
with Section 527 of the Code of Civil Procedure, for an order
appointing a temporary receiver. A temporary receiver appointed
by the court pursuant to this subdivision shall serve until the court
has made a final determination on the petition for appointment of
a receiver filed pursuant to subdivision (b). A receiver appointed
pursuant to this subdivision shall have the same powers and duties
as a receiver would have if appointed pursuant to subdivision (b).
Upon the director filing a petition for a receiver, the receiver shall
complete its application for a provisional license to operate a
community care facility. For purposes of a provisional license
issued to a receiver, the licensee’s existing fire safety clearance
shall serve as the fire safety clearance for the receiver’s provisional
license.

(2) At the time of the hearing, the department shall advise the
licensee of the name of the proposed receiver. The receiver shall
be a certified community care facility administrator or other
responsible person or entity, as determined by the court, from a
list of qualified receivers established by the department, and, if
need be, with input from providers of residential care and
consumer representatives. Persons appearing on the list shall have
experience in the delivery of care services to clients of community
care facilities, and, if feasible, shall have experience with the
operation of a community care facility, shall not be the subject of
any pending actions by the department or any other state agency,
and shall not have ever been excluded from a department licensed
facility nor have had a license or certification suspended or
revoked by an administrative action by the department or any other
state agency. The receivers shall have sufficient background and
experience in management and finances to ensure compliance with
orders issued by the court. The owner, licensee, or administrator
shall not be appointed as the receiver unless authorized by the
court.

(3) If at the conclusion of the hearing, which may include oral
testimony and cross-examination at the option of any party, the
court determines that adequate grounds exist for the appointment
of a receiver and that there is no other reasonably available
remedy to protect the clients, the court may issue an order
appointing a receiver to temporarily operate the community care
facility and enjoining the licensee from interfering with the receiver
in the conduct of his or her duties. In these proceedings, the court
shall make written findings of fact and conclusions of law and
shall require an appropriate bond to be filed by the receiver and
paid for by the licensee. The bond shall be in an amount necessary
to protect the licensee in the event of any failure on the part of the
receiver to act in a reasonable manner. The bond requirement
may be waived by the licensee.

(4) The court may permit the licensee to participate in the
continued operation of the facility during the pendency of any
receivership ordered pursuant to this section and shall issue an
order detailing the nature and scope of participation.

(5) Failure of the licensee to appear at the hearing on the
petition shall constitute an admission of all factual allegations
contained in the petition for purposes of these proceedings only.

(6) The licensee shall receive notice and a copy of the
application each time the receiver applies to the court or the
department for instructions regarding his or her duties under this
section, when an accounting pursuant to subdivision (i) is
submitted, and when any other report otherwise required under
this section is submitted. The licensee shall have an opportunity
to present objections or otherwise participate in those proceedings.

(d) A person shall not impede the operation of a receivership
created under this section. The receiver’s access to, or possession
of, the property shall not be interfered with during the term of the
receivership. There shall be an automatic stay for a 60-day period
subsequent to the appointment of a receiver of any action that
would interfere with the functioning of the facility, including, but
not limited to, cancellation of insurance policies executed by the
licensees, termination of utility services, attachments or setoffs of
client trust funds and working capital accounts, and repossession
of equipment in the facility.

(e) When a receiver is appointed, the licensee may, at the
discretion of the court, be divested of possession and control of
the facility in favor of the receiver. If the court divests the licensee
of possession and control of the facility in favor of the receiver,
the department shall immediately issue a provisional license to
the receiver. Notwithstanding the applicable sections of this code
governing the revocation of a provisional license, the provisional
license issued to a receiver shall automatically expire upon the
termination of the receivership. The receiver shall possess the
provisional license solely for purposes of carrying out the
responsibilities authorized by this section and the duties ordered
by the court. The receiver shall have no right to appeal the
expiration of the provisional license.

(f) A receiver appointed pursuant to this section:

(1) May exercise those powers and shall perform those duties
ordered by the court, in addition to other duties provided by statute.

(2) Shall operate the facility in a manner that ensures the safety
and adequate care for the clients.

(3) Shall have the same rights to possession of the building in
which the facility is located, and of all goods and fixtures in the
building at the time the petition for receivership is filed, as the
licensee and administrator would have had if the receiver had not
been appointed.

(4) May use the funds, building, fixtures, furnishings, and any
accompanying consumable goods in the provision of care and
services to clients and to any other persons receiving services from
the facility at the time the petition for receivership was filed.

(5) Shall take title to all revenue coming to the facility in the
name of the receiver who shall use it for the following purposes
in descending order of priority:

(A) To pay wages to staff. The receiver shall have full power to
hire, direct, manage, and discharge employees of the facility,
subject to any contractual rights they may have. The receiver shall
pay employees at the same rate of compensation, including benefits,
that the employees would have received from the licensee or wages
necessary to provide adequate staff for the protection of the clients
and compliance with the law.

(B) To preserve client funds. The receiver shall be entitled to,
and shall take, possession of all property or assets of clients that
are in the possession of the licensee or operator of the facility. The
receiver shall preserve all property, assets, and records of clients
of which the receiver takes possession.

(C) To contract for outside services as may be needed for the
operation of the community care facility. Any contract for outside
services in excess of five thousand dollars ($5,000) shall be
approved by the court.

(D) To pay commercial creditors of the facility to the extent
required to operate the facility. Except as provided in subdivision
(h), the receiver shall honor all leases, mortgages, and secured
transactions affecting the building in which the facility is located
and all goods and fixtures in the building of which the receiver
has taken possession, but only to the extent of payments which, in
the case of a rental agreement, are for the use of the property
during the period of receivership, or which, in the case of a
purchase agreement, come due during the period of receivership.

(E) To receive a salary, as approved by the court.

(F) To do all things necessary and proper to maintain and
operate the facility in accordance with sound fiscal policies. The
receiver shall take action as is reasonably necessary to protect or
conserve the assets or property of which the receiver takes
possession and may use those assets or property only in the
performance of the powers and duties set out in this section and
by order of the court.

(G) To ask the court for direction in the treatment of debts
incurred prior to the appointment, if the licensee’s debts appear
extraordinary, of questionable validity, or unrelated to the normal
and expected maintenance and operation of the facility, or if
payment of the debts will interfere with the purposes of
receivership.

(g) (1) A person who is served with notice of an order of the
court appointing a receiver and of the receiver’s name and address
shall be liable to pay the receiver, rather than the licensee, for any
goods or services provided by the community care facility after
the date of the order. The receiver shall give a receipt for each
payment and shall keep a copy of each receipt on file. The receiver
shall deposit amounts received in a special account and shall use
this account for all disbursements. Payment to the receiver
pursuant to this subdivision shall discharge the obligation to the
extent of the payment and shall not thereafter be the basis of a
claim by the licensee or any other person. A client shall not be
evicted nor may any contract or rights be forfeited or impaired,
nor may any forfeiture be effected or liability increased, by reason
of an omission to pay the licensee, operator, or other person a
sum paid to the receiver pursuant to this subdivision.

(2) This section shall not be construed to suspend, during the
temporary management by the receiver, any obligation of the
licensee for payment of local, state, or federal taxes. A licensee
shall not be held liable for acts or omissions of the receiver during
the term of the temporary management.

(3) Upon petition of the receiver, the court may order immediate
payment to the receiver for past services that have been rendered
and billed, and the court may also order a sum not to exceed one
month’s advance payment to the receiver of any sums that may
become payable under the Medi-Cal program.

(h) (1) A receiver shall not be required to honor a lease,
mortgage, or secured transaction entered into by the licensee of
the facility and another party if the court finds that the agreement
between the parties was entered into for a collusive, fraudulent
purpose or that the agreement is unrelated to the operation of the
facility.

(2) A lease, mortgage, or secured transaction or an agreement
unrelated to the operation of the facility that the receiver is
permitted to dishonor pursuant to this subdivision shall only be
subject to nonpayment by the receiver for the duration of the
receivership, and the dishonoring of the lease, mortgage, security
interest, or other agreement, to this extent, by the receiver shall
not relieve the owner or operator of the facility from any liability
for the full amount due under the lease, mortgage, security interest,
or other agreement.

(3) If the receiver is in possession of real estate or goods subject
to a lease, mortgage, or security interest that the receiver is
permitted to avoid pursuant to paragraph (1), and if the real estate
or goods are necessary for the continued operation of the facility,
the receiver may apply to the court to set a reasonable rent, price,
or rate of interest to be paid by the receiver during the duration
of the receivership. The court shall hold a hearing on this
application within 15 days. The receiver shall send notice of the
application to any known owner of the property involved at least
10 days prior to the hearing.

(4) Payment by the receiver of the amount determined by the
court to be reasonable is a defense to any action against the
receiver for payment or possession of the goods or real estate,
subject to the lease or mortgage, which is brought by any person
who received the notice required by this subdivision. However,
payment by the receiver of the amount determined by the court to
be reasonable shall not relieve the owner or operator of the facility
from any liability for the difference between the amount paid by
the receiver and the amount due under the original lease,
mortgage, or security interest.

(i) A monthly accounting shall be made by the receiver to the
department of all moneys received and expended by the receiver
on or before the 15th day of the following month or as ordered by
the court, and the remainder of income over expenses for that
month shall be returned to the licensee. A copy of the accounting
shall be provided to the licensee. The licensee or owner of the
community care facility may petition the court for a determination
as to the reasonableness of any expenditure made pursuant to
paragraph (5) of subdivision (f).

(j) (1) The receiver shall be appointed for an initial period of
not more than three months. The initial three-month period may
be extended for additional periods not exceeding three months, as
determined by the court pursuant to this section. At the end of one
month, the receiver shall report to the court on its assessment of
the probability that the community care facility will meet state
standards for operation by the end of the initial three-month period
and will continue to maintain compliance with those standards
after termination of the receiver’s management. If it appears that
the facility cannot be brought into compliance with state standards
within the initial three-month period, the court shall take
appropriate action as follows:

(A) Extend the receiver’s management for an additional three
months if there is a substantial likelihood that the facility will meet
state standards within that period and will maintain compliance
with the standards after termination of the receiver’s management.
The receiver shall report to the court in writing upon the facility’s
progress at the end of six weeks of any extension ordered pursuant
to this paragraph.

(B) Order the director to revoke or temporarily suspend, or
both, the license pursuant to Article 5 (commencing with Section
1550) and extend the receiver’s management for the period
necessary to transfer clients in accordance with the transfer plan,
but for not more than three months from the date of initial
appointment of a receiver, or 14 days, whichever is greater. An
extension of an additional three months may be granted if deemed
necessary by the court.

(2) If it appears at the end of six weeks of an extension ordered
pursuant to subparagraph (A) of paragraph (1) that the facility
cannot be brought into compliance with state standards for
operation or that it will not maintain compliance with those
standards after the receiver’s management is terminated, the court
shall take appropriate action as specified in subparagraph (B) of
paragraph (1).

(3) In evaluating the probability that a community care facility
will maintain compliance with state standards of operation after
the termination of receiver management ordered by the court, the
court shall consider at least the following factors:

(A) The duration, frequency, and severity of past violations in
the facility.

(B) History of compliance in other care facilities operated by
the proposed licensee.

(C) Efforts by the licensee to prevent and correct past violations.

(D) The financial ability of the licensee to operate in compliance
with state standards.

(E) The recommendations and reports of the receiver.

(4) Management of a community care facility operated by a
receiver pursuant to this section shall not be returned to the
licensee, to any person related to the licensee, or to any person
who served as a member of the facility’s staff or who was employed
by the licensee prior to the appointment of the receiver unless both
of the following conditions are met:

(A) The department believes that it would be in the best interests
of the clients of the facility, requests that the court return the
operation of the facility to the former licensee, and provides clear
and convincing evidence to the court that it is in the best interests
of the facility’s clients to take that action.

(B) The court finds that the licensee has fully cooperated with
the department in the appointment and ongoing activities of a
receiver appointed pursuant to this section, and, if applicable, any
temporary manager appointed pursuant to Section 1546.1.

(5) The owner of the facility may at any time sell, lease, or close
the facility, subject to the following provisions:

(A) If the owner closes the facility, or the sale or lease results
in the closure of the facility, the court shall determine if a transfer
plan is necessary. If the court so determines, the court shall adopt
and implement a transfer plan consistent with the provisions of
Section 1556.

(B) If the licensee proposes to sell or lease the facility and the
facility will continue to operate as a community care facility, the
court and the department shall reevaluate any proposed transfer
plan. If the court and the department determine that the sale or
lease of the facility will result in compliance with licensing
standards, the transfer plan and the receivership shall, subject to
those conditions that the court may impose and enforce, be
terminated upon the effective date of the sale or lease.

(k) (1) The salary of the receiver shall be set by the court
commensurate with community care facility industry standards,
giving due consideration to the difficulty of the duties undertaken,
and shall be paid from the revenue coming to the facility. If the
revenue is insufficient to pay the salary in addition to other
expenses of operating the facility, the receiver’s salary shall be
paid from the emergency client contingency account as provided
in Section 1546. State advances of funds in excess of five thousand
dollars ($5,000) shall be approved by the director. Total advances
for encumbrances and expenditures shall not exceed the sum of
forty-nine thousand nine hundred ninety-nine dollars ($49,999)
unless approved by the director in writing.

(2) To the extent state funds are advanced for the salary of the
receiver or for other expenses in connection with the receivership,
as limited by subdivision (g), the state shall be reimbursed from
the revenues accruing to the facility or to the licensee or an entity
related to the licensee. Any reimbursement received by the state
shall be redeposited in the account from which the state funds were
advanced. If the revenues are insufficient to reimburse the state,
the unreimbursed amount shall constitute a lien upon the assets
of the facility or the proceeds from the sale thereof. The lien against
the personal assets of the facility or an entity related to the licensee
shall be filed with the Secretary of State on the forms required for
a notice of judgment lien. A lien against the real property of the
facility or an entity related to the licensee shall be recorded with
the county recorder of the county where the facility of the licensee
is located or where the real property of the entity related to the
licensee is located. The lien shall not attach to the interests of a
lessor, unless the lessor is operating the facility.

(3) For purposes of this subdivision, “entity related to the
licensee” means an entity, other than a natural person, of which
the licensee is a subsidiary or an entity in which any person who
was obligated to disclose information under Section 1520 possesses
an interest that would also require disclosure pursuant to Section
1520.

(l) (1) This section does not impair the right of the owner of a
community care facility to dispose of his or her property interests
in the facility, but any facility operated by a receiver pursuant to
this section shall remain subject to that administration until
terminated by the court. The termination shall be promptly
effectuated, provided that the interests of the clients have been
safeguarded as determined by the court.

(2) This section does not limit the power of the court to appoint
a receiver under any other applicable provision of law or to order
any other remedy available under law.

(m) (1) Notwithstanding any other provision of law, the receiver
shall be liable only for damages resulting from gross negligence
in the operation of the facility or intentional tortious acts.

(2) All governmental immunities otherwise applicable to the
State of California shall also apply in the use of a receiver in the
operation if a facility pursuant to this section.

(3) The licensee shall not be liable for any occurrences during
the receivership except to the extent that the occurrences are the
result of the licensee’s conduct.

(n) The department may adopt regulations for the administration
of this section. This section does not impair the authority of the
department to temporarily suspend licenses under Section 1550.5
or to reach a voluntary agreement with the licensee for alternate
management of a community care facility including the use of a
temporary manager under Section 1546.1. This section does not
authorize the department to interfere in a labor dispute.

(o) This section does not apply to a residential facility that
serves six or fewer persons and is also the principal residence of
the licensee.

(p) This section does not apply to a licensee that has obtained
a certificate of authority to offer continuing care contracts, as
defined in paragraph (8) of subdivision (c) of Section 1771.

end insert

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 1548.1 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 1548.1. end insert   

The Legislature finds and declares that the current
civil penalty structure for facilities licensed by the State
Department of Social Services is insufficient to ensure the health
and safety of those in care. It is the intent of the Legislature to
comprehensively increase these penalties for all facilities in
subsequent legislation, with particular emphasis on penalties for
violations that result in serious injury or death.

end insert

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 1550 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1550.  

The department may deny an application for, or suspend
or revoke, any license, or any begin insert special permit, certificate of
approval, or end insert administrator certificate, issued under this chapter
upon any of the following grounds and in the manner provided in
this chapter, or may deny a transfer of a license pursuant to
paragraph (2) of subdivision (b) of Section 1524 for any of the
following grounds:

(a) Violation begin delete by the licensee or holder end delete of begin delete a special permit of end delete
this chapter or of the rules and regulations promulgated under this
begin delete chapter. end delete begin insert chapter by the licensee or holder of a special permit or
certificate. end insert

(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 begin insert the people of this state or end insert an individual in, or
receiving services from, the facility or begin delete the people of the State of
California. end delete begin insert certified family home. end insert

(d) The conviction of a licensee, begin insert holder of a special permit end insert or
begin insert certificate, or end insert 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 begin delete facility end delete begin insert facility, the holder of a special
permit end insert or begin insert certificate, or end insert 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 begin delete facility, end delete begin insert facility or certified family home, end insert 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.

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 1551 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1551.  

(a)  Proceedings for the suspension, revocation, or denial
of a license, registration, special permit, begin insert certificate of approval, end insert
or any administrator certificate under this chapter, or denial of
transfer of a license pursuant to paragraph (2) of subdivision (c)
of Section 1524, shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title
2 of the Government Code, and the department shall have all the
powers granted by those provisions. In the event of conflict
between this chapter and the Government Code, the Government
Code shall prevail.

(b) In all proceedings conducted in accordance with this section,
the standard of proof to be applied shall be by the preponderance
of the evidence.

(c) If the begin delete license end delete begin insert license, special permit, certificate of approval,
or administrator certificate end insert is not temporarily suspended pursuant
to Section 1550, the hearing shall be held within 90 calendar days
after receipt of the notice of defense, unless a continuance of the
hearing is granted by the department or the administrative law
judge. When the matter has been set for hearing only the
administrative law judge may grant a continuance of the hearing.
The administrative law judge may, but need not, grant a
continuance of the hearing only upon finding the existence of one
or more of the following:

(1) The death or incapacitating illness of a party, a representative
or attorney of a party, a witness to an essential fact, or of the parent,
child, or member of the household of such person, when it is not
feasible to substitute another representative, attorney, or witness
because of the proximity of the hearing date.

(2) Lack of notice of hearing as provided in Section 11509 of
the Government Code.

(3) A material change in the status of the case where a change
in the parties or pleadings requires postponement, or an executed
settlement or stipulated findings of fact obviate the need for
hearing. A partial amendment of the pleadings shall not be good
cause for continuance to the extent that the unamended portion of
the pleadings is ready to be heard.

(4) A stipulation for continuance signed by all parties or their
authorized representatives, including, but not limited to, a
representative, which is communicated with the request for
continuance to the administrative law judge no later than 25
business days before the hearing.

(5) The substitution of the representative or attorney of a party
upon showing that the substitution is required.

(6) The unavailability of a party, representative, or attorney of
a party, or witness to an essential fact due to a conflicting and
required appearance in a judicial matter if when the hearing date
was set, the person did not know and could neither anticipate nor
at any time avoid the conflict, and the conflict with request for
continuance is immediately communicated to the administrative
law judge.

(7) The unavailability of a party, a representative or attorney of
a party, or a material witness due to an unavoidable emergency.

(8) Failure by a party to comply with a timely discovery request
if the continuance request is made by the party who requested the
discovery.

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 1556 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1556.  

(a) If the director determines that it is necessary to
temporarily suspend any license or special permit of a community
care facility in order to protect the residents or clients of the facility
from physical or mental abuse, abandonment, or any other
substantial threat to health or safety, the department shall make
every effort to minimize transfer trauma for the residents or clients.

(b) The department shall contact any local agency that may have
begin delete placement end delete begin insert assessment, placement, protective, end insert or advocacy
responsibility for the residents or clients of a facility after a
decision is made to temporarily suspend the license or special
permit of the facility and prior to its implementation. The
department shall work begin insert together end insert with these agencies begin insert and the
licensee, if the director determines it end insert to begin insert be appropriate, to end insert locate
alternative placement begin delete sites end delete begin insert sites, end insert and to contact relatives begin insert or other
persons end insert responsible for the care of these begin delete clients end delete begin insert residents end insert or
begin delete residents. end delete begin insert clients, provide onsite evaluation of the residents or
clients, and assist in the transfer of the residents or clients. end insert

(c) In any case where the department alleges that a client or
resident 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 department shall
do all of the following:

(1) Consult with begin delete physicians and surgeons end delete begin insert appropriate medical
personnel end insert about when the client or resident should be removed
from the facility and how transfer trauma can be minimized.

(2) If the department temporarily suspends the license or special
permit of a facility, use begin delete physicians and surgeons or other end delete medical
personnel deemed appropriate by the department to provide onsite
evaluation of the clients or residents.

(3) If the department does not suspend the license or special
permit of a facility, order the licensee to remove only those clients
or residents who have health conditions which cannot be cared for
within the limits of the license or special permit or require inpatient
care in a health facility licensed pursuant to Chapter 2
(commencing with Section 1250), as determined by the department,
if the department determines that other clients or residents are not
in physical danger.

(d) In any case where the department orders the begin insert temporary
suspension of a licensee or orders the end insert licensee, or holder of a
special permit, to remove a client or 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 begin insert department may require the end insert licensee or
holder of a special permit begin delete shall end delete begin insert to end insert do all of the following:

(1) Prepare and submit to the department a written plan for begin insert the
safe and orderly end insert 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.

begin insert

begin insert SEC. 17. end insert   

end insert

begin insert Section 1558 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

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 begin delete facility, end delete begin insert facility end insert or
begin insert certified family home, or end insert allowing contact with clients of a licensed
facility begin insert or certified family home end insert 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 that is inimical to the health, morals,
welfare, or safety of either begin insert the people of this state or end insert an individual
in or receiving services from the begin delete facility, end delete begin insert facility end insert or begin delete the people of
the State of California. end delete begin insert certified family home. end insert

(3) Been denied an exemption to work or to be present in a
begin delete facility, end delete begin insert facility or certified family home, end insert when that person has
been convicted of a crime as defined in Section 1522.

(4) Engaged in any other conduct that would constitute a basis
for disciplining a begin delete licensee. end delete begin insert licensee or certified family home. end insert

(5) Engaged in acts of financial malfeasance concerning the
operation of a begin delete facility, end delete begin insert facility or certified family home, end insert 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 begin delete facility, end delete begin insert facility or certified family
home, end insert 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 begin insert or certified
family home end insert 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 begin delete facility, end delete begin insert facility or
certified family home, end insert the department shall serve an order of
immediate exclusion upon the excluded person that 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 begin insert or certified family home end insert 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. The department may 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 prohibiting the
excluded person’s employment or presence in the begin delete facility, end delete begin insert facility end insert
or begin insert certified family home, or end insert 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 begin delete facility. end delete begin insert facility or certified
family home. end insert

(g) A licensee’s begin insert or certified family home’s end insert 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.

begin insert

begin insert SEC. 18. end insert   

end insert

begin insert Section 1562 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1562.  

(a) The director shall ensure that operators and staffs of
community care facilities have appropriate training to provide the
care and services for which a license or certificate is issued. The
section shall not apply to a facility licensed as an Adult Residential
Facility for Persons with Special Health Care Needs pursuant to
Article 9 (commencing with Section 1567.50).

(b) It is the intent of the Legislature that children in foster care
reside in the least restrictive, family-based settings that can meet
their needs, and that group homes will be used only for short-term,
specialized, and intensive treatment purposes that are consistent
with a case plan that is determined by a child’s best interests.
Accordingly, the Legislature encourages the department to adopt
policies, practices, and guidance that ensure that the education,
qualification, and training requirements for child care staff in group
homes are consistent with the intended role of group homes to
provide short-term, specialized, and intensive treatment, with a
particular focus on crisis intervention, behavioral stabilization,
and other treatment-related goals, as well as the connections
between those efforts and work toward permanency for children.

begin insert

(c) (1) On and after October 1, 2014, each person employed
as a facility manager or staff member of a group home, as defined
in paragraph (13) of subdivision (a) of Section 1502, who provides
direct care and supervision to children and youth residing in the
group home shall be at least 21 years of age.

end insert begin insert

(2) Paragraph (1) shall not apply to a facility manager or staff
member employed at the group home before October 1, 2014.

end insert begin insert

(3) For purposes of this subdivision, “group home” does not
include a runaway and homeless youth shelter.

end insert

begin insert

begin insert SEC. 19. end insert   

end insert

begin insert Section 1568.05 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1568.05.  

(a)  begin insert (1) end insert begin insert   end insert An application fee adjusted by facility and
capacity, shall be charged by the department for a license to operate
a residential care facility for persons with chronic life-threatening
illness. After initial licensure, a fee shall be charged by the
department annually, on each anniversary of the effective date of
the license. The fees are for the purpose of financing the activities
specified in this chapter. Fees shall be assessed as begin delete follows: end delete begin insert follows,
subject to paragraph (2): end insert

 

Fee Schedule
Capacity	Initial Application	Annual
1-6	begin delete $550 end delete begin insert        $605 end insert	begin insert   end insert begin delete $275 end delete begin insert   end insert begin insert   end insert begin insert   end insert begin insert $303 end insert plus begin delete $10 end delete begin insert $11 end insert per bed
7-15	begin delete $689 end delete begin insert        $758 end insert	begin insert   end insert begin delete $344 end delete begin insert   end insert begin insert   end insert begin insert   end insert begin insert $378 end insert plus begin delete $10 end delete begin insert $11 end insert per bed
16-25	begin delete $825 end delete begin insert        $908 end insert	begin insert   end insert begin delete $413 end delete begin insert   end insert begin insert   end insert begin insert   end insert begin insert $454 end insert plus begin delete $10 end delete begin insert $11 end insert per bed
26+	begin delete $964 end delete begin insert       $1,060 end insert	begin insert   end insert begin delete $482 end delete begin insert   end insert begin insert   end insert begin insert   end insert begin insert $530 end insert plus begin delete $10 end delete begin insert $11 end insert per bed

 

begin insert

(2) (A) The Legislature finds that all revenues generated by
fees for licenses computed under this section and used for the
purposes for which they were imposed are not subject to Article
XIII B of the California Constitution.

end insert begin insert

(B) The department, at least every five years, shall analyze
initial application fees and annual fees issued by it to ensure the
appropriate fee amounts are charged. The department shall
recommend to the Legislature that fees established by the
Legislature be adjusted as necessary to ensure that the amounts
are appropriate.

end insert

(b) (1) In addition to fees set forth in subdivision (a), the
department shall charge the following fees:

(A) A fee that represents 50 percent of an established application
fee when an existing licensee moves the facility to a new physical
address.

(B) A fee that represents 50 percent of the established
application fee when a corporate licensee changes who has the
authority to select a majority of the board of directors.

(C) A fee of twenty-five dollars ($25) when an existing licensee
seeks to either increase or decrease the licensed capacity of the
facility.

(D) An orientation fee of fifty dollars ($50) for attendance by
any individual at a department-sponsored orientation session.

(E) A probation monitoring fee equal to the begin insert current end insert annual fee,
in addition to the begin insert current end insert annual fee for that category and capacity
for each year a license has been placed on probation as a result of
a stipulation or decision and order pursuant to the administrative
adjudication procedures of the Administrative Procedure Act
(Chapter 4.5 (commencing with Section 11400) and Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title
2 of the Government Code).

(F) A late fee that represents an additional 50 percent of the
begin insert current end insert established annual fee when any licensee fails to pay the
begin insert current end insert annual licensing fee on or before the due date as indicated
by postmark on the payment.

(G) A fee to cover any costs incurred by the department for
processing payments including, but not limited to, bounced check
charges, charges for credit and debit transactions, and postage due
charges.

(H) A plan of correction fee of two hundred dollars ($200) when
any licensee does not implement a plan of correction on or prior
to the date specified in the plan.

(2) No local governmental entity shall impose any business
license, fee, or tax for the privilege of operating a facility licensed
under this chapter which serves six or fewer persons.

(c) All fees collected pursuant to subdivisions (a) and (b) shall
be deposited in the Technical Assistance Fund.

(d) The revenues collected from licensing fees pursuant to this
section shall be utilized by the department for the purpose of
ensuring the health and safety of all individuals provided care and
supervision by licensees and to support activities of the licensing
program, including, but not limited to, monitoring facilities for
compliance with licensing laws and regulations pursuant to this
chapter, and other administrative activities in support of the
licensing program, when appropriated for these purposes. The
revenues collected shall be used in addition to any other funds
appropriated in the Budget Act in support of the licensing program.
begin insert The department shall adjust the fees collected pursuant to this
section as necessary to ensure that they do not exceed the costs
described in this subdivision. end insert

(e) The department shall not utilize any portion of the revenues
collected pursuant to this section sooner than 30 days after
notification in writing of the purpose and use of this revenue, as
approved by the Director of Finance, to the Chairperson of the
Joint Legislative Budget Committee, and the chairpersons of the
committee in each house that considers appropriations for each
fiscal year. The department shall submit a budget change proposal
to justify any positions or any other related support costs on an
ongoing basis.

(f) Fees established pursuant to this section shall not be effective
unless licensing fees are established for all adult residential
facilities licensed by the department.

(g) A residential care facility may use a bona fide business check
to pay the license fee required under this section.

(h) The failure of an applicant for licensure or a licensee to pay
all applicable and accrued fees and civil penalties shall constitute
grounds for denial or forfeiture of a license.

begin insert

begin insert SEC. 20. end insert   

end insert

begin insert Section 1568.07 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1568.07.  

(a) (1)  Within 90 days after a facility accepts its
first resident for placement following its initial licensure, the
department shall begin delete inspect end delete begin insert conduct an unannounced inspection of end insert
the facility to evaluate compliance with rules and regulations and
to assess the facility’s continuing ability to meet regulatory
requirements. The licensee shall notify the department, within five
business days after accepting its first resident for placement, that
the facility has commenced operating.

(2) The department may take appropriate remedial action as
provided for in this chapter.

(b) (1) Every licensed residential care facility shall be
periodically inspected and evaluated for quality of care by a
representative or representatives designated by the director.
begin delete Evaluations end delete begin insert Unannounced inspections end insert shall be conducted at least
annually and as often as necessary to ensure the quality of care
being provided.

(2) During each licensing inspection the department shall
determine if the facility meets regulatory standards, including, but
not limited to, providing residents with the appropriate level of
care based on the facility’s license, providing adequate staffing
and services, updated resident records and assessments, and
compliance with basic health and safety standards.

(3) If the department determines that a resident requires a higher
level of care than the facility is authorized to provide, the
department may initiate a professional level of care assessment by
an assessor approved by the department. An assessment shall be
conducted in consultation with the resident, the resident’s physician
and surgeon, and the resident’s case manager, and shall reflect the
desires of the resident, the resident’s physician and surgeon, and
the resident’s case manager. The assessment also shall recognize
that certain illnesses are episodic in nature and that the resident’s
need for a higher level of care may be temporary.

(4) The department shall notify the residential care facility in
writing of all deficiencies in its compliance with 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.

(5) Reports on the results of each begin delete inspection, evaluation, end delete
begin insert inspection end insert 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.

(c) Any duly authorized officer, employee, or agent of the
department may, upon presentation of proper identification, enter
and inspect any place providing personal care, supervision, and
services, at any time, with or without advance notice, to secure
compliance with, or to prevent a violation of, this chapter.

(d) No licensee, or officer or employee of the licensee, shall
discriminate or retaliate in any manner, including, but not limited
to, eviction or threat of eviction, against any person receiving the
services of the licensee’s facility, or against any employee of the
licensee’s facility, on the basis, or for the reason, that the person
or employee or any other person has initiated or participated in
the filing of a complaint, grievance, or a request for inspection
with the department pursuant to this chapter or has initiated or
participated in the filing of a complaint, grievance, or request for
investigation with the appropriate local or state ombudsman.

(e) Any person who, without lawful authorization from a duly
authorized officer, employee, or agent of the department, informs
an owner, operator, employee, agent, or resident of a residential
care facility, of an impending or proposed inspection begin delete or evaluation end delete
of that facility by personnel of the department, is guilty of a
misdemeanor and upon conviction thereof shall be punished by a
fine not to exceed one thousand dollars ($1,000), by imprisonment
in the county jail for a period not to exceed 180 days, or by both
a fine and imprisonment.

begin insert

begin insert SEC. 21. end insert   

end insert

begin insert Section 1569.185 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1569.185.  

(a)  begin insert (1) end insert begin insert   end insert An application fee adjusted by facility and
capacity shall be charged by the department for the issuance of a
license to operate a residential care facility for the elderly. After
initial licensure, a fee shall be charged by the department annually
on each anniversary of the effective date of the license.

The fees are for the purpose of financing activities specified in
this chapter. Fees shall be assessed as begin delete follows: end delete begin insert follows, subject to
paragraph (2): end insert

 

begin delete end delete begin delete end delete

Fee Schedule
Capacity	Initial Application	Annual
1-3	begin delete $413 end delete     begin insert           $454 end insert	begin delete $413 end delete     begin insert           $454 end insert
4-6	begin delete $825 end delete     begin insert           $908 end insert	begin delete $413 end delete     begin insert           $454 end insert
7-15	begin delete $1,239 end delete     begin insert          $1,363 end insert	begin delete $619 end delete     begin insert           $681 end insert
16-30	begin delete $1,650 end delete     begin insert          $1,815 end insert	begin delete $825 end delete     begin insert           $908 end insert
31-49	begin delete $2,064 end delete     begin insert          $2,270 end insert	begin delete $1,032 end delete     begin insert          $1,135 end insert
50-74	begin delete $2,477 end delete     begin insert          $2,725 end insert	begin delete $1,239 end delete     begin insert          $1,363 end insert
75-100	begin delete $2,891 end delete     begin insert          $3,180 end insert	begin delete $1,445 end delete     begin insert          $1,590 end insert
101-150	begin delete $3,304 end delete     begin insert          $3,634 end insert	begin delete $1,652 end delete     begin insert          $1,817 end insert
151-200	begin delete $3,852 end delete     begin insert          $4,237 end insert	begin delete $1,926 end delete     begin insert          $2,119 end insert
201-250	begin delete $4,400 end delete     begin insert          $4,840 end insert	begin delete $2,200 end delete     begin insert          $2,420 end insert
251-300	begin delete $4,950 end delete     begin insert          $5,445 end insert	begin delete $2,475 end delete     begin insert          $2,723 end insert
begin insert 301-350 end insert	begin insert $5,500    end insert	begin insert $2,750    end insert
begin delete 351-400 end delete begin insert 301-350 end insert	begin insert     end insert begin delete $6,050 end delete     begin insert   end insert begin insert   end insert begin insert   end insert begin insert   end insert begin insert   end insert begin insert   end insert begin insert $6,050 end insert	begin insert     end insert begin delete $3,025 end delete     begin insert   end insert begin insert   end insert begin insert   end insert begin insert   end insert begin insert   end insert begin insert   end insert begin insert $3,025 end insert
begin insert 351-400 end insert	begin insert              $6,655 end insert	begin insert              $3,328 end insert
401-500	begin delete $7,150 end delete     begin insert          $7,865 end insert	begin delete $3,575 end delete     begin insert          $3,933 end insert
501-600	begin delete $8,250 end delete     begin insert          $9,075 end insert	begin delete $4,125 end delete     begin insert          $4,538 end insert
601-700	begin delete $9,350 end delete     begin insert         $10,285 end insert	begin delete $4,675 end delete     begin insert          $5,143 end insert
701+	begin delete $11,000 end delete     begin insert         $12,100 end insert	begin delete $5,500 end delete     begin insert          $6,050 end insert

 

begin insert

(2) (A) The Legislature finds that all revenues generated by
fees for licenses computed under this section and used for the
purposes for which they were imposed are not subject to Article
XIII B of the California Constitution.

end insert begin insert

(B) The department, at least every five years, shall analyze
initial application fees and annual fees issued by it to ensure the
appropriate fee amounts are charged. The department shall
recommend to the Legislature that fees established by the
Legislature be adjusted as necessary to ensure that the amounts
are appropriate.

end insert

(b) (1) In addition to fees set forth in subdivision (a), the
department shall charge the following fees:

(A) A fee that represents 50 percent of an established application
fee when an existing licensee moves the facility to a new physical
address.

(B) A fee that represents 50 percent of the established
application fee when a corporate licensee changes who has the
authority to select a majority of the board of directors.

(C) A fee of twenty-five dollars ($25) when an existing licensee
seeks to either increase or decrease the licensed capacity of the
facility.

(D) An orientation fee of fifty dollars ($50) for attendance by
any individual at a department-sponsored orientation session.

(E) A probation monitoring fee equal to the begin insert current end insert annual fee,
in addition to the begin insert current end insert annual fee for that category and capacity
for each year a license has been placed on probation as a result of
a stipulation or decision and order pursuant to the administrative
adjudication procedures of the Administrative Procedure Act
(Chapter 4.5 (commencing with Section 11400) and Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title
2 of the Government Code).

(F) A late fee that represents an additional 50 percent of the
established begin insert current end insert annual fee when any licensee fails to pay the
begin insert current end insert annual licensing fee on or before the due date as indicated
by postmark on the payment.

(G) A fee to cover any costs incurred by the department for
processing payments including, but not limited to, bounced check
charges, charges for credit and debit transactions, and postage due
charges.

(H) A plan of correction fee of two hundred dollars ($200) when
any licensee does not implement a plan of correction on or prior
to the date specified in the plan.

(2) No local jurisdiction shall impose any business license, fee,
or tax for the privilege of operating a facility licensed under this
chapter which serves six or fewer persons.

(c) (1) The revenues collected from licensing fees pursuant to
this section shall be utilized by the department for the purpose of
ensuring the health and safety of all individuals provided care or
supervision by licensees and to support the activities of the
licensing programs, including, but not limited to, monitoring
facilities for compliance with licensing laws and regulations
pursuant to this chapter, and other administrative activities in
support of the licensing program, when appropriated for these
purposes. The revenues collected shall be used in addition to any
other funds appropriated in the annual Budget Act in support of
the licensing program. begin insert The department shall adjust the fees
collected pursuant to this section to ensure that they do not exceed
the costs described in this paragraph. end insert

(2) The department shall not utilize any portion of these revenues
sooner than 30 days after notification in writing of the purpose
and use, as approved by the Department of Finance, to the
Chairperson of the Joint Legislative Budget Committee, and the
chairpersons of the committee in each house that considers
appropriations for each fiscal year. The department shall submit
a budget change proposal to justify any positions or any other
related support costs on an ongoing basis.

(d) A residential care facility for the elderly may use a bona
fide business check to pay the license fee required under this
section.

(e) The failure of an applicant for licensure or a licensee to pay
all applicable and accrued fees and civil penalties shall constitute
grounds for denial or forfeiture of a license.

begin insert

begin insert SEC. 22. end insert   

end insert

begin insert Section 1569.20 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1569.20.  

Upon the filing of the application for issuance of an
initial license, the department shall, within five working days of
the filing, make a determination regarding the completeness of the
application. If the application is complete, the department shall
immediately request a fire clearance and notify the applicant to
arrange a time for the department to conduct a prelicensure begin delete survey. end delete
begin insert inspection. end insert If the begin insert department determines that an end insert application is begin insert for
licensure of a currently licensed facility for which there is no
material change to the management or operations of the facility,
the prelicensure inspection is optional at the discretion of the
department. If the application is end insert incomplete, the department shall
notify the applicant and request the necessary information. Within
60 days of making a determination that the file is complete, the
department shall make a determination whether the application is
in compliance with this chapter and the rules and regulations of
the department and shall either immediately issue the license or
notify the applicant of the deficiencies. The notice shall specify
whether the deficiencies constitute denial of the application or
whether further corrections for compliance will likely result in
approval of the application.

begin insert

begin insert SEC. 23. end insert   

end insert

begin insert Section 1569.48 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1569.48.  

begin delete A fund end delete begin insert An emergency resident contingency account end insert
may be established begin insert within the Technical Assistance Fund
established under Section 1523.2 end insert to which not more than 50 percent
of each penalty assessed pursuant to Section 1569.49 is begin delete transmitted
to the department end delete begin insert deposited end insert for use by the Community Care
Licensing Division of the begin delete department to establish an emergency
resident relocation fund to be utilized end delete begin insert department, at the discretion
of the director, end insert for the relocation and care of residents when a
facility’s license is revoked or temporarily begin delete suspended, when
appropriated by the Legislature. end delete begin insert suspended. end insert The money in the begin delete fund end delete
begin insert account end insert shall cover costs, including, but not limited to,
transportation expenses, expenses incurred in notifying family
members, and any other costs directly associated with providing
continuous care begin insert and supervision end insert to the residents. The department
shall seek the begin delete advice end delete begin insert input end insert of begin delete providers end delete begin insert stakeholders and local
agencies end insert in developing begin delete a state plan end delete begin insert policies end insert for emergency resident
begin delete relocation. end delete begin insert care and supervision. end insert

begin insert

begin insert SEC. 24. end insert   

end insert

begin insert Section 1569.481 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 1569.481. end insert   

(a) (1) It is the intent of the Legislature in enacting
this section to authorize the department to take quick, effective
action to protect the health and safety of residents of residential
care facilities for the elderly and to minimize the effects of transfer
trauma that accompany the abrupt transfer of residents by
appointing a temporary manager to assume the operation of a
facility that is found to be in a condition in which continued
operation by the licensee or his or her representative presents a
substantial probability of imminent danger of serious physical
harm or death to the residents.

(2) A temporary manager appointed pursuant to this section
shall assume the operation of the facility in order to bring it into
compliance with the law, facilitate a transfer of ownership to a
new licensee, or ensure the orderly transfer of residents should
the facility be required to close. Upon a final decision and order
of revocation of the license, issuance of a temporary suspension,
or a forfeiture by operation of law, the department shall
immediately issue a provisional license to the appointed temporary
manager. Notwithstanding the applicable sections of this code
governing the revocation of a provisional license, the provisional
license issued to a temporary manager shall automatically expire
upon the termination of the temporary manager. The temporary
manager shall possess the provisional license solely for purposes
of carrying out the responsibilities authorized by this section and
the duties set forth in the written agreement between the department
and the temporary manager. The temporary manager shall have
no right to appeal the expiration of the provisional license.

(b) For purposes of this section, “temporary manager” means
the person, corporation, or other entity appointed temporarily by
the department as a substitute facility licensee or administrator
with authority to hire, terminate, reassign staff, obligate facility
funds, alter facility procedures, and manage the facility to correct
deficiencies identified in the facility’s operation. The temporary
manager shall have the final authority to direct the care and
supervision activities of any person associated with the facility,
including superseding the authority of the licensee and the
administrator.

(c) The director, in order to protect the residents of the facility
from physical or mental abuse, abandonment, or any other
substantial threat to health or safety, may appoint a temporary
manager when any of the following circumstances exist:

(1) The director determines that it is necessary to temporarily
suspend the license of a residential care facility for the elderly
pursuant to Section 1569.50 and the immediate relocation of the
residents is not feasible based on transfer trauma, lack of available
alternative placements, or other emergency considerations for the
health and safety of the residents.

(2) The licensee is unwilling or unable to comply with the
requirements of Section 1569.525 or the requirements of Section
1569.682 regarding the safe and orderly relocation of residents
when ordered to do so by the department or when otherwise
required by law.

(3) The licensee has opted to secure a temporary manager
pursuant to Section 1569.525.

(d) (1) Upon appointment, the temporary manager shall
complete its application for a license to operate a residential care
facility for the elderly and take all necessary steps and make best
efforts to eliminate any substantial threat to the health and safety
to residents or complete the transfer of residents to alternative
placements pursuant to Section 1569.525 or 1569.682. For
purposes of a provisional license issued to a temporary manager,
the licensee’s existing fire safety clearance shall serve as the fire
safety clearance for the temporary manager’s provisional license.

(2) A person shall not impede the operation of a temporary
manager. The temporary manager’s access to, or possession of,
the property shall not be interfered with during the term of the
temporary manager appointment. There shall be an automatic stay
for a 60-day period subsequent to the appointment of a temporary
manager of any action that would interfere with the functioning
of the facility, including, but not limited to, termination of utility
services, attachments, or setoffs of resident trust funds, and
repossession of equipment in the facility.

(e) (1) The appointment of a temporary manager shall be
immediately effective and shall continue for a period not to exceed
60 days unless otherwise extended in accordance with paragraph
(2) of subdivision (h) at the discretion of the department or as
permitted by paragraph (2) of subdivision (d) of Section 1569.525,
or unless otherwise terminated earlier by any of the following
events:

(A) The temporary manager notifies the department, and the
department verifies, that the facility meets state and, if applicable,
federal standards for operation, and will be able to continue to
maintain compliance with those standards after the termination
of the appointment of the temporary manager.

(B) The department approves a new temporary manager.

(C) A new operator is licensed.

(D) The department closes the facility.

(E) A hearing or court order ends the temporary manager
appointment, including the appointment of a receiver under Section
1569.482.

(F) The appointment is terminated by the department or the
temporary manager.

(2) The appointment of a temporary manager shall authorize
the temporary manager to act pursuant to this section. The
appointment shall be made pursuant to a written agreement
between the temporary manager and the department that outlines
the circumstances under which the temporary manager may expend
funds. The department shall provide the licensee and administrator
with a copy of the accusation to appoint a temporary manager at
the time of appointment. The accusation shall notify the licensee
of the licensee’s right to petition the Office of Administrative
Hearings for a hearing to contest the appointment of the temporary
manager as described in subdivision (f) and shall provide the
licensee with a form and appropriate information for the licensee’s
use in requesting a hearing.

(3) The director may rescind the appointment of a temporary
manager and appoint a new temporary manager at any time that
the director determines the temporary manager is not adhering to
the conditions of the appointment.

(f) (1) The licensee of a residential care facility for the elderly
may contest the appointment of the temporary manager by filing
a petition for an order to terminate the appointment of the
temporary manager with the Office of Administrative Hearings
within 15 days from the date of mailing of the accusation to appoint
a temporary manager under subdivision (e). On the same day as
the petition is filed with the Office of Administrative Hearings, the
licensee shall serve a copy of the petition to the office of the
director.

(2) Upon receipt of a petition under paragraph (1), the Office
of Administrative Hearings shall set a hearing date and time within
10 business days of the receipt of the petition. The office shall
promptly notify the licensee and the department of the date, time,
and place of the hearing. The office shall assign the case to an
administrative law judge. At the hearing, relevant evidence may
be presented pursuant to Section 11513 of the Government Code.
The administrative law judge shall issue a written decision on the
petition within 10 business days of the conclusion of the hearing.
The 10-day time period for holding the hearing and for rendering
a decision may be extended by the written agreement of the parties.

(3) The administrative law judge shall uphold the appointment
of the temporary manager if the department proves, by a
preponderance of the evidence, that the circumstances specified
in subdivision (c) applied to the facility at the time of the
appointment. The administrative law judge shall order the
termination of the temporary manager if the burden of proof is
not satisfied.

(4) The decision of the administrative law judge is subject to
judicial review as provided in Section 1094.5 of the Code of Civil
Procedure by the superior court of the county where the facility
is located. This review may be requested by the licensee of the
facility or the department by filing a petition seeking relief from
the order. The petition may also request the issuance of temporary
injunctive relief pending the decision on the petition. The superior
court shall hold a hearing within 10 business days of the filing of
the petition and shall issue a decision on the petition within 10
days of the hearing. The department may be represented by legal
counsel within the department for purposes of court proceedings
authorized under this section.

(g) If the licensee does not protest the appointment or does not
prevail at either the administrative hearing under paragraph (2)
of subdivision (f) or the superior court hearing under paragraph
(4) of subdivision (f), the temporary manager shall continue in
accordance with subdivision (e).

(h) (1) If the licensee petitions the Office of Administrative
Hearings pursuant to subdivision (f), the appointment of the
temporary manager by the director pursuant to this section shall
continue until it is terminated by the administrative law judge or
by the superior court, or it shall continue until the conditions of
subdivision (e) are satisfied, whichever is earlier.

(2) At any time during the appointment of the temporary
manager, the director may request an extension of the appointment
by filing a petition for hearing with the Office of Administrative
Hearings and serving a copy of the petition on the licensee. The
office shall proceed as specified in paragraph (2) of subdivision
(f). The administrative law judge may extend the appointment of
the temporary manager an additional 60 days upon a showing by
the department that the conditions specified in subdivision (c)
continue to exist.

(3) The licensee or the department may request review of the
administrative law judge’s decision on the extension as provided
in paragraph (4) of subdivision (f).

(i) The temporary manager appointed pursuant to this section
shall meet the following qualifications:

(1) Be qualified to oversee correction of deficiencies in a
residential care facility for the elderly on the basis of experience
and education.

(2) Not be the subject of any pending actions by the department
or any other state agency nor have ever been excluded from a
department-licensed facility or had a license or certification
suspended or revoked by an administrative action by the
department or any other state agency.

(3) Have no financial ownership interest in the facility and have
no member of his or her immediate family who has a financial
ownership interest in the facility.

(4) Not currently serve, or within the past two years have served,
as a member of the staff of the facility.

(j) Payment of the costs of the temporary manager shall comply
with the following requirements:

(1) Upon agreement with the licensee, the costs of the temporary
manager and any other expenses in connection with the temporary
management shall be paid directly by the facility while the
temporary manager is assigned to that facility. Failure of the
licensee to agree to the payment of those costs may result in the
payment of the costs by the department and subsequent required
reimbursement of the department by the licensee pursuant to this
section.

(2) Direct costs of the temporary manager shall be equivalent
to the sum of the following:

(A) The prevailing fee paid by licensees for positions of the
same type in the facility’s geographic area.

(B) Additional costs that reasonably would have been incurred
by the licensee if the licensee and the temporary manager had
been in an employment relationship.

(C) Any other reasonable costs incurred by the temporary
manager in furnishing services pursuant to this section.

(3) Direct costs may exceed the amount specified in paragraph
(2) if the department is otherwise unable to find a qualified
temporary manager.

(k) (1) The responsibilities of the temporary manager may
include, but are not limited to, the following:

(A) Paying wages to staff. The temporary manager shall have
the full power to hire, direct, manage, and discharge employees
of the facility, subject to any contractual rights they may have. The
temporary manager shall pay employees at the same rate of
compensation, including benefits, that the employees would have
received from the licensee or wages necessary to provide adequate
staff for the protection of clients and compliance with the law.

(B) Preserving resident funds. The temporary manager shall
be entitled to, and shall take possession of, all property or assets
of residents that are in the possession of the licensee or
administrator of the facility. The temporary manager shall preserve
all property, assets, and records of residents of which the
temporary manager takes possession.

(C) Contracting for outside services as may be needed for the
operation of the facility. Any contract for outside services in excess
of five thousand dollars ($5,000) shall be approved by the director.

(D) Paying commercial creditors of the facility to the extent
required to operate the facility. The temporary manager shall
honor all leases, mortgages, and secured transactions affecting
the building in which the facility is located and all goods and
fixtures in the building, but only to the extent of payments that, in
the case of a rental agreement, are for the use of the property
during the period of the temporary management, or that, in the
case of a purchase agreement, come due during the period of the
temporary management.

(E) Performing all acts that are necessary and proper to
maintain and operate the facility in accordance with sound fiscal
policies. The temporary manager shall take action as is reasonably
necessary to protect or conserve the assets or property of which
the temporary manager takes possession and may use those assets
or property only in the performance of the powers and duties set
forth in this section.

(2) Expenditures by the temporary manager in excess of five
thousand dollars ($5,000) shall be approved by the director. Total
encumbrances and expenditures by the temporary manager for
the duration of the temporary management shall not exceed the
sum of forty-nine thousand nine hundred ninety-nine dollars
($49,999) unless approved by the director in writing.

(3) The temporary manager shall not make capital improvements
to the facility in excess of five thousand dollars ($5,000) without
the approval of the director.

(l) (1) To the extent department funds are advanced for the
costs of the temporary manager or for other expenses in connection
with the temporary management, the department shall be
reimbursed from the revenues accruing to the facility or to the
licensee or an entity related to the licensee. Any reimbursement
received by the department shall be redeposited in the account
from which the department funds were advanced. If the revenues
are insufficient to reimburse the department, the unreimbursed
amount shall constitute a lien upon the assets of the facility or the
proceeds from the sale thereof. The lien against the personal assets
of the facility or an entity related to the licensee shall be filed with
the Secretary of State on the forms required for a notice of
judgment lien. A lien against the real property of the facility or an
entity related to the licensee shall be recorded with the county
recorder of the county where the facility of the licensee is located
or where the real property of the entity related to the licensee is
located. The lien shall not attach to the interests of a lessor, unless
the lessor is operating the facility. The authority to place a lien
against the personal and real property of the licensee for the
reimbursement of any state funds expended pursuant to this section
shall be given judgment creditor priority.

(2) For purposes of this section, “entity related to the licensee”
means an entity, other than a natural person, of which the licensee
is a subsidiary or an entity in which a person who was obligated
to disclose information under Section 1569.15 possesses an interest
that would also require disclosure pursuant to Section 1569.15.

(m) Appointment of a temporary manager under this section
does not relieve the licensee of any responsibility for the care and
supervision of residents under this chapter. The licensee, even if
the license is deemed surrendered or the facility abandoned, shall
be required to reimburse the department for all costs associated
with operation of the facility during the period the temporary
manager is in place that are not accounted for by using facility
revenues or for the relocation of residents handled by the
department if the licensee fails to comply with the relocation
requirements of Section 1569.525 or 1569.682 when required by
the department to do so. If the licensee fails to reimburse the
department under this section, then the department, along with
using its own remedies available under this chapter, may request
that the Attorney General’s office, the city attorney’s office, or the
local district attorney’s office seek any available criminal, civil,
or administrative remedy, including, but not limited to, injunctive
relief, restitution, and damages in the same manner as provided
for in Chapter 5 (commencing with Section 17200) of Part 2 of
Division 7 of the Business and Professions Code.

(n) The department may use funds from the emergency resident
contingency account pursuant to Section 1569.48 when needed to
supplement the operation of the facility or the transfer of residents
under the control of the temporary manager appointed under this
section if facility revenues are unavailable or exhausted when
needed. Pursuant to subdivision (l), the licensee shall be required
to reimburse the department for any funds used from the emergency
resident contingency account during the period of control of the
temporary manager and any incurred costs of collection.

(o) This section does not apply to a residential care facility for
the elderly that serves six or fewer persons and is also the principal
residence of the licensee.

(p) Notwithstanding any other provision of law, the temporary
manager shall be liable only for damages resulting from gross
negligence in the operation of the facility or intentional tortious
acts.

(q) All governmental immunities otherwise applicable to the
state shall also apply to the state in the use of a temporary manager
in the operation of a facility pursuant to this section.

(r) A licensee shall not be liable for any occurrences during the
temporary management under this section except to the extent that
the occurrences are the result of the licensee’s conduct.

(s) The department may adopt regulations for the administration
of this section.

end insert

begin insert

begin insert SEC. 25. end insert   

end insert

begin insert Section 1569.482 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 1569.482. end insert   

(a) It is the intent of the Legislature in enacting this
section to authorize the department to take quick, effective action
to protect the health and safety of residents of residential care
facilities for the elderly and to minimize the effects of transfer
trauma that accompany the abrupt transfer of residents through
a system whereby the department may apply for a court order
appointing a receiver to temporarily operate a residential care
facility for the elderly. The receivership is not intended to punish
a licensee or to replace attempts to secure cooperative action to
protect the residents’ health and safety. The receivership is
intended to protect the residents in the absence of other reasonably
available alternatives. The receiver shall assume the operation of
the facility in order to bring it into compliance with law, facilitate
a transfer of ownership to a new licensee, or ensure the orderly
transfer of residents should the facility be required to close.

(b) (1) Whenever circumstances exist indicating that continued
management of a residential care facility by the current licensee
would present a substantial probability or imminent danger of
serious physical harm or death to the residents, or the facility is
closing or intends to terminate operation as a residential care
facility for the elderly and adequate arrangements for relocation
of residents have not been made at least 30 days prior to the
closing or termination, the director may petition the superior court
for the county in which the facility is located for an order
appointing a receiver to temporarily operate the facility in
accordance with this section.

(2) The petition shall allege the facts upon which the action is
based and shall be supported by an affidavit of the director. A
copy of the petition and affidavits, together with an order to appear
and show cause why temporary authority to operate the residential
care facility for the elderly should not be vested in a receiver
pursuant to this section, shall be delivered to the licensee,
administrator, or a responsible person at the facility to the
attention of the licensee and administrator. The order shall specify
a hearing date, which shall be not less than 10, nor more than 15,
days following delivery of the petition and order upon the licensee,
except that the court may shorten or lengthen the time upon a
showing of just cause.

(c) (1) If the director files a petition pursuant to subdivision
(b) for appointment of a receiver to operate a residential care
facility for the elderly, in accordance with Section 564 of the Code
of Civil Procedure, the director may also petition the court, in
accordance with Section 527 of the Code of Civil Procedure, for
an order appointing a temporary receiver. A temporary receiver
appointed by the court pursuant to this subdivision shall serve
until the court has made a final determination on the petition for
appointment of a receiver filed pursuant to subdivision (b). A
receiver appointed pursuant to this subdivision shall have the same
powers and duties as a receiver would have if appointed pursuant
to subdivision (b). Upon the director filing a petition for a receiver,
the receiver shall complete its application for a provisional license
to operate a residential care facility for the elderly. For purposes
of a provisional license issued to a receiver, the licensee’s existing
fire safety clearance shall serve as the fire safety clearance for
the receiver’s provisional license.

(2) At the time of the hearing, the department shall advise the
licensee of the name of the proposed receiver. The receiver shall
be a certified residential care facility for the elderly administrator
or other responsible person or entity, as determined by the court,
from a list of qualified receivers established by the department,
and, if need be, with input from providers of residential care and
consumer representatives. Persons appearing on the list shall have
experience in the delivery of care services to clients of community
care facilities, and, if feasible, shall have experience with the
operation of a residential care facility for the elderly, shall not be
the subject of any pending actions by the department or any other
state agency, and shall not have ever been excluded from a
department licensed facility nor have had a license or certification
suspended or revoked by an administrative action by the
department or any other state agency. The receivers shall have
sufficient background and experience in management and finances
to ensure compliance with orders issued by the court. The owner,
licensee, or administrator shall not be appointed as the receiver
unless authorized by the court.

(3) If at the conclusion of the hearing, which may include oral
testimony and cross-examination at the option of any party, the
court determines that adequate grounds exist for the appointment
of a receiver and that there is no other reasonably available
remedy to protect the residents, the court may issue an order
appointing a receiver to temporarily operate the residential care
facility for the elderly and enjoining the licensee from interfering
with the receiver in the conduct of his or her duties. In these
proceedings, the court shall make written findings of fact and
conclusions of law and shall require an appropriate bond to be
filed by the receiver and paid for by the licensee. The bond shall
be in an amount necessary to protect the licensee in the event of
any failure on the part of the receiver to act in a reasonable
manner. The bond requirement may be waived by the licensee.

(4) The court may permit the licensee to participate in the
continued operation of the facility during the pendency of any
receivership ordered pursuant to this section and shall issue an
order detailing the nature and scope of participation.

(5) Failure of the licensee to appear at the hearing on the
petition shall constitute an admission of all factual allegations
contained in the petition for purposes of these proceedings only.

(6) The licensee shall receive notice and a copy of the
application each time the receiver applies to the court or the
department for instructions regarding his or her duties under this
section, when an accounting pursuant to subdivision (i) is
submitted, and when any other report otherwise required under
this section is submitted. The licensee shall have an opportunity
to present objections or otherwise participate in those proceedings.

(d) A person shall not impede the operation of a receivership
created under this section. The receiver’s access to, or possession
of, the property shall not be interfered with during the term of the
receivership. There shall be an automatic stay for a 60-day period
subsequent to the appointment of a receiver of any action that
would interfere with the functioning of the facility, including, but
not limited to, cancellation of insurance policies executed by the
licensees, termination of utility services, attachments, or setoffs
of resident trust funds and working capital accounts and
repossession of equipment in the facility.

(e) When a receiver is appointed, the licensee may, at the
discretion of the court, be divested of possession and control of
the facility in favor of the receiver. If the court divests the licensee
of possession and control of the facility in favor of the receiver,
the department shall immediately issue a provisional license to
the receiver. Notwithstanding the applicable sections of this code
governing the revocation of a provisional license, the provisional
license issued to a receiver shall automatically expire upon the
termination of the receivership. The receiver shall possess the
provisional license solely for purposes of carrying out the
responsibilities authorized by this section and the duties ordered
by the court. The receiver shall have no right to appeal the
expiration of the provisional license.

(f) A receiver appointed pursuant to this section:

(1) May exercise those powers and shall perform those duties
ordered by the court, in addition to other duties provided by statute.

(2) Shall operate the facility in a manner that ensures the safety
and adequate care for the residents.

(3) Shall have the same rights to possession of the building in
which the facility is located, and of all goods and fixtures in the
building at the time the petition for receivership is filed, as the
licensee and administrator would have had if the receiver had not
been appointed.

(4) May use the funds, building, fixtures, furnishings, and any
accompanying consumable goods in the provision of care and
services to residents and to any other persons receiving services
from the facility at the time the petition for receivership was filed.

(5) Shall take title to all revenue coming to the facility in the
name of the receiver who shall use it for the following purposes
in descending order of priority:

(A) To pay wages to staff. The receiver shall have full power to
hire, direct, manage, and discharge employees of the facility,
subject to any contractual rights they may have. The receiver shall
pay employees at the same rate of compensation, including benefits,
that the employees would have received from the licensee or wages
necessary to provide adequate staff for the protection of the clients
and compliance with the law.

(B) To preserve resident funds. The receiver shall be entitled
to, and shall take, possession of all property or assets of residents
that are in the possession of the licensee or operator of the facility.
The receiver shall preserve all property, assets, and records of
residents of which the receiver takes possession.

(C) To contract for outside services as may be needed for the
operation of the residential care facility for the elderly. Any
contract for outside services in excess of five thousand dollars
($5,000) shall be approved by the court.

(D) To pay commercial creditors of the facility to the extent
required to operate the facility. Except as provided in subdivision
(h), the receiver shall honor all leases, mortgages, and secured
transactions affecting the building in which the facility is located
and all goods and fixtures in the building of which the receiver
has taken possession, but only to the extent of payments which, in
the case of a rental agreement, are for the use of the property
during the period of receivership, or which, in the case of a
purchase agreement, come due during the period of receivership.

(E) To receive a salary, as approved by the court.

(F) To do all things necessary and proper to maintain and
operate the facility in accordance with sound fiscal policies. The
receiver shall take action as is reasonably necessary to protect or
conserve the assets or property of which the receiver takes
possession and may use those assets or property only in the
performance of the powers and duties set out in this section and
by order of the court.

(G) To ask the court for direction in the treatment of debts
incurred prior to the appointment, if the licensee’s debts appear
extraordinary, of questionable validity, or unrelated to the normal
and expected maintenance and operation of the facility, or if
payment of the debts will interfere with the purposes of
receivership.

(g) (1) A person who is served with notice of an order of the
court appointing a receiver and of the receiver’s name and address
shall be liable to pay the receiver, rather than the licensee, for any
goods or services provided by the residential care facility for the
elderly after the date of the order. The receiver shall give a receipt
for each payment and shall keep a copy of each receipt on file.
The receiver shall deposit amounts received in a special account
and shall use this account for all disbursements. Payment to the
receiver pursuant to this subdivision shall discharge the obligation
to the extent of the payment and shall not thereafter be the basis
of a claim by the licensee or any other person. A resident shall not
be evicted nor may any contract or rights be forfeited or impaired,
nor may any forfeiture be effected or liability increased, by reason
of an omission to pay the licensee, operator, or other person a
sum paid to the receiver pursuant to this subdivision.

(2) This section shall not be construed to suspend, during the
temporary management by the receiver, any obligation of the
licensee for payment of local, state, or federal taxes. A licensee
shall not be held liable for acts or omissions of the receiver during
the term of the temporary management.

(3) Upon petition of the receiver, the court may order immediate
payment to the receiver for past services that have been rendered
and billed, and the court may also order a sum not to exceed one
month’s advance payment to the receiver of any sums that may
become payable under the Medi-Cal program.

(h) (1) A receiver shall not be required to honor a lease,
mortgage, or secured transaction entered into by the licensee of
the facility and another party if the court finds that the agreement
between the parties was entered into for a collusive, fraudulent
purpose or that the agreement is unrelated to the operation of the
facility.

(2) A lease, mortgage, or secured transaction or an agreement
unrelated to the operation of the facility that the receiver is
permitted to dishonor pursuant to this subdivision shall only be
subject to nonpayment by the receiver for the duration of the
receivership, and the dishonoring of the lease, mortgage, security
interest, or other agreement, to this extent, by the receiver shall
not relieve the owner or operator of the facility from any liability
for the full amount due under the lease, mortgage, security interest,
or other agreement.

(3) If the receiver is in possession of real estate or goods subject
to a lease, mortgage, or security interest that the receiver is
permitted to avoid pursuant to paragraph (1), and if the real estate
or goods are necessary for the continued operation of the facility,
the receiver may apply to the court to set a reasonable rent, price,
or rate of interest to be paid by the receiver during the duration
of the receivership. The court shall hold a hearing on this
application within 15 days. The receiver shall send notice of the
application to any known owner of the property involved at least
10 days prior to the hearing.

(4) Payment by the receiver of the amount determined by the
court to be reasonable is a defense to any action against the
receiver for payment or possession of the goods or real estate,
subject to the lease or mortgage, which is brought by any person
who received the notice required by this subdivision. However,
payment by the receiver of the amount determined by the court to
be reasonable shall not relieve the owner or operator of the facility
from any liability for the difference between the amount paid by
the receiver and the amount due under the original lease,
mortgage, or security interest.

(i) A monthly accounting shall be made by the receiver to the
department of all moneys received and expended by the receiver
on or before the 15th day of the following month or as ordered by
the court, and the remainder of income over expenses for that
month shall be returned to the licensee. A copy of the accounting
shall be provided to the licensee. The licensee or owner of the
residential care facility for the elderly may petition the court for
a determination as to the reasonableness of any expenditure made
pursuant to paragraph (5) of subdivision (f).

(j) (1) The receiver shall be appointed for an initial period of
not more than three months. The initial three-month period may
be extended for additional periods not exceeding three months, as
determined by the court pursuant to this section. At the end of one
month, the receiver shall report to the court on its assessment of
the probability that the residential care facility for the elderly will
meet state standards for operation by the end of the initial
three-month period and will continue to maintain compliance with
those standards after termination of the receiver’s management.
If it appears that the facility cannot be brought into compliance
with state standards within the initial three-month period, the court
shall take appropriate action as follows:

(A) Extend the receiver’s management for an additional three
months if there is a substantial likelihood that the facility will meet
state standards within that period and will maintain compliance
with the standards after termination of the receiver’s management.
The receiver shall report to the court in writing upon the facility’s
progress at the end of six weeks of any extension ordered pursuant
to this paragraph.

(B) Order the director to revoke or temporarily suspend, or
both, the license pursuant to Section 1569.50 and extend the
receiver’s management for the period necessary to transfer clients
in accordance with the transfer plan, but for not more than three
months from the date of initial appointment of a receiver, or 14
days, whichever is greater. An extension of an additional three
months may be granted if deemed necessary by the court.

(2) If it appears at the end of six weeks of an extension ordered
pursuant to subparagraph (A) of paragraph (1) that the facility
cannot be brought into compliance with state standards for
operation or that it will not maintain compliance with those
standards after the receiver’s management is terminated, the court
shall take appropriate action as specified in subparagraph (B) of
paragraph (1).

(3) In evaluating the probability that a residential care facility
for the elderly will maintain compliance with state standards of
operation after the termination of receiver management ordered
by the court, the court shall consider at least the following factors:

(A) The duration, frequency, and severity of past violations in
the facility.

(B) History of compliance in other care facilities operated by
the proposed licensee.

(C) Efforts by the licensee to prevent and correct past violations.

(D) The financial ability of the licensee to operate in compliance
with state standards.

(E) The recommendations and reports of the receiver.

(4) Management of a residential care facility for the elderly
operated by a receiver pursuant to this section shall not be returned
to the licensee, to any person related to the licensee, or to any
person who served as a member of the facility’s staff or who was
employed by the licensee prior to the appointment of the receiver
unless both of the following conditions are met:

(A) The department believes that it would be in the best interests
of the residents of the facility, requests that the court return the
operation of the facility to the former licensee, and provides clear
and convincing evidence to the court that it is in the best interests
of the facility’s residents to take that action.

(B) The court finds that the licensee has fully cooperated with
the department in the appointment and ongoing activities of a
receiver appointed pursuant to this section, and, if applicable, any
temporary manager appointed pursuant to Section 1569.481.

(5) The owner of the facility may at any time sell, lease, or close
the facility, subject to the following provisions:

(A) If the owner closes the facility, or the sale or lease results
in the closure of the facility, the court shall determine if a transfer
plan is necessary. If the court so determines, the court shall adopt
and implement a transfer plan consistent with the provisions of
Section 1569.682.

(B) If the licensee proposes to sell or lease the facility and the
facility will continue to operate as a residential care facility for
the elderly, the court and the department shall reevaluate any
proposed transfer plan. If the court and the department determine
that the sale or lease of the facility will result in compliance with
licensing standards, the transfer plan and the receivership shall,
subject to those conditions that the court may impose and enforce,
be terminated upon the effective date of the sale or lease.

(k) (1) The salary of the receiver shall be set by the court
commensurate with community care facility industry standards,
giving due consideration to the difficulty of the duties undertaken,
and shall be paid from the revenue coming to the facility. If the
revenue is insufficient to pay the salary in addition to other
expenses of operating the facility, the receiver’s salary shall be
paid from the emergency resident contingency account as provided
in Section 1569.48. State advances of funds in excess of five
thousand dollars ($5,000) shall be approved by the director. Total
advances for encumbrances and expenditures shall not exceed the
sum of forty-nine thousand nine hundred ninety-nine dollars
($49,999) unless approved by the director in writing.

(2) To the extent state funds are advanced for the salary of the
receiver or for other expenses in connection with the receivership,
as limited by subdivision (g), the state shall be reimbursed from
the revenues accruing to the facility or to the licensee or an entity
related to the licensee. Any reimbursement received by the state
shall be redeposited in the account from which the state funds were
advanced. If the revenues are insufficient to reimburse the state,
the unreimbursed amount shall constitute a lien upon the assets
of the facility or the proceeds from the sale thereof. The lien against
the personal assets of the facility or an entity related to the licensee
shall be filed with the Secretary of State on the forms required for
a notice of judgment lien. A lien against the real property of the
facility or an entity related to the licensee shall be recorded with
the county recorder of the county where the facility of the licensee
is located or where the real property of the entity related to the
licensee is located. The lien shall not attach to the interests of a
lessor, unless the lessor is operating the facility.

(3) For purposes of this subdivision, “entity related to the
licensee” means an entity, other than a natural person, of which
the licensee is a subsidiary or an entity in which any person who
was obligated to disclose information under Section 1569.15
possesses an interest that would also require disclosure pursuant
to Section 1569.15.

(l) (1) This section does not impair the right of the owner of a
residential care facility for the elderly to dispose of his or her
property interests in the facility, but any facility operated by a
receiver pursuant to this section shall remain subject to that
administration until terminated by the court. The termination shall
be promptly effectuated, provided that the interests of the residents
have been safeguarded as determined by the court.

(2) This section does not limit the power of the court to appoint
a receiver under any other applicable provision of law or to order
any other remedy available under law.

(m) (1) Notwithstanding any other provision of law, the receiver
shall be liable only for damages resulting from gross negligence
in the operation of the facility or intentional tortious acts.

(2) All governmental immunities otherwise applicable to the
State of California shall also apply in the use of a receiver in the
operation if a facility pursuant to this section.

(3) The licensee shall not be liable for any occurrences during
the receivership except to the extent that the occurrences are the
result of the licensee’s conduct.

(n) The department may adopt regulations for the administration
of this section. This section does not impair the authority of the
department to temporarily suspend licenses under Section 1569.50
or to reach a voluntary agreement with the licensee for alternate
management of a community care facility including the use of a
temporary manager under Section 1569.481. This section does
not authorize the department to interfere in a labor dispute.

(o) This section does not apply to a residential care facility for
the elderly that serves six or fewer persons and is also the principal
residence of the licensee.

(p) This section does not apply to a licensee that has obtained
a certificate of authority to offer continuing care contracts, as
defined in paragraph (8) of subdivision (c) of Section 1771.

end insert

begin insert

begin insert SEC. 26. end insert   

end insert

begin insert Section 1569.525 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1569.525.  

(a) If the director determines that it is necessary to
temporarily suspend or to revoke any license of a residential care
facility for the elderly in order to protect the residents or clients
of the facility from physical or mental abuse, abandonment, or any
other substantial threat to health or safety pursuant to Section
1569.50, the department shall make every effort to minimize
trauma for the residents.

begin insert

(b) (1) (A) After a decision is made to temporarily suspend or,
upon an order, to revoke the license of a residential care facility
for the elderly which is likely to result in closure of the facility,
the department shall contact both of the following:

end insert begin insert

(i) The Office of the State Long-Term Care Ombudsman.

end insert begin insert

(ii) Any local agency that may have placement or advocacy
responsibility for the residents of a residential care facility for the
elderly.

end insert begin delete

(b)

end delete

begin insert (B) end insert  The department shall begin delete contact any local agency that may
have placement or advocacy responsibility for the residents of a
residential care facility for the elderly after a decision is made to
temporarily suspend or to revoke the license of the facility and
prior to its implementation. The department shall work with these
agencies to end delete begin insert work with these agencies, and the licensee if the
director determines it to be appropriate, to end insert locate alternative
placement sites and to contact relatives begin insert or other persons end insert
responsible for the care of these begin insert residents, and to assist in the
transfer of end insert residents.

begin delete

(c)

end delete

begin insert (2) end insert  The department shall use begin delete physicians and surgeons and other
medical personnel end delete begin insert appropriately skilled professionals end insert deemed
appropriate by the department to provide onsite evaluation of the
residents and assist in any transfers.

begin delete

(d)

end delete

begin insert (3) end insert  The department begin delete may end delete begin insert shall end insert require the licensee to prepare
and submit to the licensing agency a written plan for relocation
and compliance with the terms and conditions of the approved
plans, and to provide other information as necessary for the
enforcement of this section.

begin insert

(c) Upon receipt of an order to temporarily suspend or revoke
a license, the licensee shall be prohibited from accepting new
residents or entering into admission agreements for new residents.

end insert begin insert

(d) Upon an order to temporarily suspend a license, the
following shall apply:

end insert begin insert

(1) The licensee shall immediately provide written notice of the
temporary suspension to the resident and initiate contact with the
resident’s responsible person, if applicable.

end insert begin insert

(2) The department may secure, or permit the licensee to secure,
the services of a temporary manager who is not an immediate
family member of the licensee or an entity that is not owned by the
licensee to manage the day-to-day operations of the facility. The
temporary manager shall be appointed and assume operation of
the facility in accordance with Section 1569.481.

end insert

(e) Upon an order to revoke a begin delete license, except an order to revoke
a end delete license following the temporary suspension of a license pursuant
to Section begin delete 1569.50, end delete begin insert 1569.50 that led to end insert the begin insert transfer of all residents,
the end insert following shall apply:

(1) The licensee shall provide a 60-day written notice of license
revocation that may lead to closure to the resident and the resident’s
responsible person within 24 hours of receipt of the department’s
order of revocation.

(2) The department shall permit the licensee to secure the
services of a begin delete person end delete begin insert temporary manager end insert who is not an immediate
family member of the licensee or an entity that is not owned by
the licensee to manage the day-to-day operations of the residential
care facility for the elderly for a period of at least 60 days, provided
that all of the following conditions are met:

(A) A proposal is submitted to the department within 72 hours
of the licensee’s receipt of the department’s order of revocation
that includes both of the following:

(i) A completed “Application for a Community Care Facility
or Residential Care Facility for the Elderly License” form (LIC
200), or similar form as determined by the department, signed and
dated by both the licensee and the person or entity described in
paragraph (2).

(ii) A copy of the executed agreement between the licensee and
the person or entity described in paragraph (2) that delineates the
roles and responsibilities of each party and specifies that the person
or entity described in paragraph (2) shall have the full authority
necessary to operate the facility, in compliance with all applicable
laws and regulations, and without interference from the licensee.

(B) The person or entity described in paragraph (2) shall be
currently licensed and in substantial compliance to operate a
residential care facility for the elderly that is of comparable size
or greater and has comparable programming to the facility. For
purposes of this subparagraph, the following definitions apply:

(i) “Comparable programming” includes, but is not limited to,
dementia care, hospice care, and care for residents with exempted
prohibited health care conditions.

(ii) “Comparable size” means a facility capacity of 1 to 15
residents, 16 to 49 residents, or 50 or more residents.

(C) The person or entity described in paragraph (2) shall not be
subject to the application fee specified in Section 1569.185.

(D) If the department denies a proposal to secure the services
of a person or entity pursuant to paragraph (2), this denial shall
not be deemed a denial of a license application subject to the right
to a hearing under Section 1569.22 and other procedural rights
under Section 1569.51.

begin delete

(3) (A) 

end delete

begin insert (f) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert Notwithstanding Section 1569.651 or any other begin delete provision
of end delete law, for paid preadmission begin delete fees in excess of five hundred dollars
($500), end delete begin insert fees, end insert a resident who transfers from the facility begin delete during end delete begin insert due
to end insert the begin delete 60-day period described in paragraph (1) end delete begin insert notice of temporary
suspension or revocation end insert of begin delete subdivision (e) end delete begin insert a license pursuant to
this section end insert is entitled to a refund in accordance with all of the
following:

begin delete

(i)

end delete

begin insert (A) end insert  A 100-percent refund if preadmission fees were paid within
six months of begin delete the end delete begin insert either end insert notice of closure required by begin delete paragraph
(1). end delete begin insert this section. end insert

begin delete

(ii)

end delete

begin insert (B) end insert  A 75-percent refund if preadmission fees were paid more
than six months, but not more than 12 months, before begin delete the end delete begin insert either end insert
notice begin delete of closure end delete required by begin delete paragraph (1). end delete begin insert this section. end insert

begin delete

(iii)

end delete

begin insert (C) end insert  A 50-percent refund if preadmission fees were paid more
than 12 months, but not more than 18 months, before begin delete the end delete begin insert either end insert
notice begin delete of closure end delete required by begin delete paragraph (1). end delete begin insert this section. end insert

begin delete

(iv)

end delete

begin insert (D) end insert  A 25-percent refund if preadmission fees were paid more
than 18 months, but not more than 25 months, before begin delete the end delete begin insert either end insert
notice begin delete of closure end delete required by begin delete paragraph (1). end delete begin insert this section. end insert

begin delete

(B)

end delete

begin insert (2) end insert  No preadmission fee refund is required if preadmission fees
were paid 25 months or more before begin delete the end delete begin insert either end insert notice begin delete of closure end delete
required by begin delete paragraph (1). end delete begin insert this section. end insert

begin delete

(C)

end delete

begin insert (3) end insert  The preadmission fee refund required by this paragraph shall
be paid within 15 days of issuing begin delete the end delete begin insert either end insert notice begin delete of closure end delete
required by begin delete paragraph (1). end delete begin insert this section. end insert In lieu of the refund, the
resident may request that the licensee provide a credit toward the
resident’s monthly fee obligation in an amount equal to the
preadmission fee refund due.

(4) If a resident transfers from the facility begin delete during end delete begin insert due to end insert the
begin delete 60-day period described in paragraph (1) end delete begin insert revocation end insert of begin delete subdivision
(e), end delete begin insert a license, end insert and the resident gives notice at least five days before
leaving the facility, begin insert or if end insert the begin insert transfer is due to a temporary
suspension of the license order, the end insert licensee shall refund to the
resident or his or her legal representative a proportional per diem
amount of any prepaid monthly fees at the time the resident leaves
the facility and the unit is vacated. Otherwise the licensee shall
pay the refund within seven days from the date that the resident
leaves the facility and the unit is vacated.

begin delete

(5)

end delete

begin insert (g) end insert  Within begin delete 10 days end delete begin insert 24 hours end insert after begin delete all residents end delete begin insert each residence end insert
who begin delete are end delete begin insert is end insert transferring pursuant to these provisions have left the
facility, the licensee that had his or her license begin insert temporarily
suspended or end insert revoked shall, based on information provided by the
resident or the resident’s begin delete legal representative, end delete begin insert responsible person, end insert
submit a final list of names and new locations of all residents to
the department and the local ombudsman program.

begin insert

(h) If at any point during or following a temporary suspension
or revocation order of a license the director determines that there
is a risk to the residents of a facility from physical or mental abuse,
abandonment, or any other substantial threat to health or safety,
the department shall take any necessary action to minimize trauma
for the residents, including, but not limited to, all of the following:

end insert begin insert

(1) Contact any local agency that may have placement or
advocacy responsibility for the residents and work with those
agencies to locate alternative placement sites.

end insert begin insert

(2) Contact the residents’ relatives, legal representatives,
authorized agents in a health care directive, or responsible parties.

end insert begin insert

(3) Assist in the transfer of residents, and, if necessary, arrange
or coordinate transportation.

end insert begin insert

(4) Provide onsite evaluation of the residents and use any
medical personnel deemed appropriate by the department to
provide onsite evaluation of the residents and assist in any
transfers.

end insert begin insert

(5) Arrange for or coordinate care and supervision.

end insert begin insert

(6) Arrange for the distribution of medications.

end insert begin insert

(7) Arrange for the preparation and service of meals and snacks.

end insert begin insert

(8) Arrange for the preparation of the residents’ records and
medications for transfer of each resident.

end insert begin insert

(9) Assist in any way necessary to facilitate a safe transfer of
all residents.

end insert begin insert

(10) Check on the status of each transferred resident within 24
hours of transfer.

end insert begin insert

(i) The participation of the department and local agencies in
the relocation of residents from a residential care facility for the
elderly shall not relieve the licensee of any responsibility under
this section. A licensee that fails to comply with the requirements
of this section shall be required to reimburse the department and
local agencies for the cost of providing those services. If the
licensee fails to provide the services required in this section, the
department shall request that the Attorney General’s office, the
city attorney’s office, or the local district attorney’s office seek
injunctive relief and damages.

end insert begin insert

(j) Notwithstanding Section 1569.49, a licensee who fails to
comply with the requirements of this section shall be liable for
civil penalties in the amount of five hundred dollars ($500) per
violation per day for each day that the licensee is in violation of
this section, until the violation has been corrected. The civil
penalties shall be issued immediately following the written notice
of violation.

end insert begin delete

(f) Nothing in this

end delete

begin insert (k) end insert begin insert   end insert begin insert This end insert section shall begin insert not end insert preclude the department from amending
the effective date in the order of begin insert suspension or end insert revocation begin insert of a
license end insert and closing the begin delete facility prior to the end of the 60-day notice
period provided for in subdivision (e), end delete begin insert facility, end insert or from pursuing
any other available remedies if necessary to protect the health and
safety of the residents in care.

begin insert

begin insert SEC. 27. end insert   

end insert

begin insert Section 1569.682 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1569.682.  

(a) A licensee of a licensed residential care facility
for the elderly shall, prior to transferring a resident of the facility
to another facility or to an independent living arrangement as a
result of the forfeiture of a license, as described in subdivision (a),
(b), or (f) of Section 1569.19, or a change of use of the facility
pursuant to the department’s regulations, take all reasonable steps
to transfer affected residents safely and to minimize possible
transfer trauma, and shall, at a minimum, do all of the following:

(1) Prepare, for each resident, a relocation evaluation of the
needs of that resident, which shall include both of the following:

(A) Recommendations on the type of facility that would meet
the needs of the resident based on the current service plan.

(B) A list of facilities, within a 60-mile radius of the resident’s
current facility, that meet the resident’s present needs.

(2) Provide each resident or the resident’s responsible person
with a written notice no later than 60 days before the intended
eviction. The notice shall include all of the following:

(A) The reason for the eviction, with specific facts to permit a
determination of the date, place, witnesses, and circumstances
concerning the reasons.

(B) A copy of the resident’s current service plan.

(C) The relocation evaluation.

(D) A list of referral agencies.

(E) The right of the resident or resident’s legal representative
to contact the department to investigate the reasons given for the
eviction pursuant to Section 1569.35.

(F) The contact information for the local long-term care
ombudsman, including address and telephone number.

(3) Discuss the relocation evaluation with the resident and his
or her legal representative within 30 days of issuing the notice of
eviction.

(4) Submit a written report of any eviction to the licensing
agency within five days.

(5) Upon issuing the written notice of eviction, a licensee shall
not accept new residents or enter into new admission agreements.

(6) (A) For paid preadmission fees in excess of five hundred
dollars ($500), the resident is entitled to a refund in accordance
with all of the following:

(i) A 100-percent refund if preadmission fees were paid within
six months of notice of eviction.

(ii) A 75-percent refund if preadmission fees were paid more
than begin delete 6 end delete begin insert six end insert months but not more than 12 months before notice of
eviction.

(iii) A 50-percent refund if preadmission fees were paid more
than 12 months but not more than 18 months before notice of
eviction.

(iv) A 25-percent refund if preadmission fees were paid more
than 18 months but less than 25 months before notice of eviction.

(B) No preadmission refund is required if preadmission fees
were paid 25 months or more before the notice of eviction.

(C) The preadmission refund required by this paragraph shall
be paid within 15 days of issuing the eviction notice. In lieu of the
refund, the resident may request that the licensee provide a credit
toward the resident’s monthly fee obligation in an amount equal
to the preadmission fee refund due.

(7) If the resident gives notice five days before leaving the
facility, the licensee shall refund to the resident or his or her legal
representative a proportional per diem amount of any prepaid
monthly fees at the time the resident leaves the facility and the
unit is vacated. Otherwise the licensee shall pay the refund within
seven days from the date that the resident leaves the facility and
the unit is vacated.

(8) Within 10 days of all residents having left the facility, the
licensee, based on information provided by the resident or
resident’s legal representative, shall submit a final list of names
and new locations of all residents to the department and the local
ombudsman program.

(b) If seven or more residents of a residential care facility for
the elderly will be transferred as a result of the forfeiture of a
license or change in the use of the facility pursuant to subdivision
(a), the licensee shall submit a proposed closure plan to the
department for approval. The department shall approve or
disapprove the closure plan, and monitor its implementation, in
accordance with the following requirements:

(1) Upon submission of the closure plan, the licensee shall be
prohibited from accepting new residents and entering into new
admission agreements for new residents.

(2) The closure plan shall meet the requirements described in
subdivision (a), and describe the staff available to assist in the
transfers. The department’s review shall include a determination
as to whether the licensee’s closure plan contains a relocation
evaluation for each resident.

(3) Within 15 working days of receipt, the department shall
approve or disapprove the closure plan prepared pursuant to this
subdivision, and, if the department approves the plan, it shall
become effective upon the date the department grants its written
approval of the plan.

(4) If the department disapproves a closure plan, the licensee
may resubmit an amended plan, which the department shall
promptly either approve or disapprove, within 10 working days
of receipt by the department of the amended plan. If the department
fails to approve a closure plan, it shall inform the licensee, in
writing, of the reasons for the disapproval of the plan.

(5) If the department fails to take action within 20 working days
of receipt of either the original or the amended closure plan, the
plan, or amended plan, as the case may be, shall be deemed
approved.

(6) Until such time that the department has approved a licensee’s
closure plan, the facility shall not issue a notice of transfer or
require any resident to transfer.

(7) Upon approval by the department, the licensee shall send a
copy of the closure plan to the local ombudsman program.

(c) (1) If a licensee fails to comply with the requirements of
begin delete subdivision (a), end delete begin insert this section, end insert and if the director determines that it
is necessary to protect the residents of a facility from physical or
mental abuse, abandonment, or any other substantial threat to
health or safety, the department shall take any necessary action to
minimize trauma for the begin delete residents. end delete begin insert residents, including caring for
the residents through the use of a temporary manager as provided
for in Section 1569.481 when the director determines the immediate
relocation of the residents is not feasible based on transfer trauma
or other considerations such as the unavailability of alternative
placements. end insert The department shall contact any local agency that
may have begin delete placement end delete begin insert assessment placement, protective, end insert or advocacy
responsibility for the residents, and shall work begin insert together end insert with those
agencies to locate alternative placement sites, contact relatives or
other persons responsible for the care of these residents, provide
onsite evaluation of the residents, and assist in the transfer of
residents.

(2) The participation of the department and local agencies in
the relocation of residents from a residential care facility for the
elderly shall not relieve the licensee of any responsibility under
this section. A licensee that fails to comply with the requirements
of this section shall be required to reimburse the department and
local agencies for the cost of providing the relocation begin delete services. end delete
begin insert services or the costs incurred in caring for the residents through
the use of a temporary manager as provided for in Section
1569.481. end insert If the licensee fails to provide the relocation services
required in begin delete subdivisions (a) and (b), end delete begin insert this section, end insert then the
department may request that the Attorney General’s office, the
city attorney’s office, or the local district attorney’s office seek
injunctive relief and damages in the same manner as provided for
in Chapter 5 (commencing with Section 17200) of Part 2 of
Division 7 of the Business and Professions begin delete Code. end delete begin insert Code, including
restitution to the department of any costs incurred in caring for
the residents through the use of a temporary manager as provided
for in Section 1569.481. end insert

(d) A licensee who fails to comply with requirements of this
section shall be liable for the imposition of civil penalties in the
amount of one hundred dollars ($100) per violation per day for
each day that the licensee is in violation of this section, until such
time that the violation has been corrected. The civil penalties shall
be issued immediately following the written notice of violation.
However, if the violation does not present an immediate or
substantial threat to the health or safety of residents and the licensee
corrects the violation within three days after receiving the notice
of violation, the licensee shall not be liable for payment of any
civil penalties pursuant to this subdivision related to the corrected
violation.

(e) A resident of a residential care facility for the elderly covered
under this section, may bring a civil action against any person,
firm, partnership, or corporation who owns, operates, establishes,
manages, conducts, or maintains a residential care facility for the
elderly who violates the rights of a resident, as set forth in this
section. Any person, firm, partnership, or corporation who owns,
operates, establishes, manages, conducts, or maintains a residential
care facility for the elderly who violates this section shall be
responsible for the acts of the facility’s employees and shall be
liable for costs and attorney’s fees. Any such residential care
facility for the elderly may also be enjoined from permitting the
violation to continue. The remedies specified in this section shall
be in addition to any other remedy provided by law.

(f) This section shall not apply to a licensee that has obtained
a certificate of authority to offer continuing care contracts, as
defined in paragraph (8) of subdivision (c) of Section 1771.

begin insert

begin insert SEC. 28. end insert   

end insert

begin insert Section 1596.803 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1596.803.  

(a)  begin insert (1) end insert begin insert   end insert An application fee adjusted by facility and
capacity shall be charged by the department for the issuance of a
license to operate a child day care facility. After initial licensure,
a fee shall be charged by the department annually, on each
anniversary of the effective date of the license. The fees are for
the purpose of financing activities specified in this chapter. Fees
shall be assessed as begin delete follows: end delete begin insert follows, subject to paragraph (2): end insert

 

Fee Schedule
Facility Type	Capacity	Original Application	Annual Fee
Family Day Care	1-8	begin delete $66 end delete    begin insert       $73 end insert	begin delete $66 end delete    begin insert        $73 end insert
	9-14	begin delete $127 end delete    begin insert      $140 end insert	begin delete $127 end delete    begin insert      $140 end insert
Day Care Centers	1-30	begin delete $440 end delete    begin insert       $484 end insert	begin delete $220 end delete    begin insert      $242 end insert
	31-60	begin delete $880 end delete    begin insert      $968 end insert	begin delete $440 end delete    begin insert      $484 end insert
	61-75	begin delete $1,100 end delete    begin insert     $1,210 end insert	begin delete $550 end delete    begin insert      $605 end insert
	76-90	begin delete $1,320 end delete    begin insert     $1,452 end insert	begin delete $660 end delete    begin insert      $726 end insert
	91-120	begin delete $1,760 end delete    begin insert     $1,936 end insert	begin delete $880 end delete    begin insert      $968 end insert
	121+	begin delete $2,200 end delete    begin insert     $2,420 end insert	begin delete $1,100 end delete    begin insert     $1,210 end insert

 

begin insert

(2) (A) The Legislature finds that all revenues generated by
fees for licenses computed under this section and used for the
purposes for which they were imposed are not subject to Article
XIII B of the California Constitution.

end insert begin insert

(B) The department, at least every five years, shall analyze
initial application fees and annual fees issued by it to ensure the
appropriate fee amounts are charged. The department shall
recommend to the Legislature that fees established by the
Legislature be adjusted as necessary to ensure that the amounts
are appropriate.

end insert

(b) (1) In addition to fees set forth in subdivision (a), the
department shall charge the following fees:

(A) A fee that represents 50 percent of an established application
fee when an existing licensee moves the facility to a new physical
address.

(B) A fee that represents 50 percent of the established
application fee when a corporate licensee changes who has the
authority to select a majority of the board of directors.

(C) A fee of twenty-five dollars ($25) when an existing licensee
seeks to either increase or decrease the licensed capacity of the
facility.

(D) An orientation fee of twenty-five dollars ($25) for
attendance by any individual at a department-sponsored family
child day care home orientation session, and a fifty dollar ($50)
orientation fee for attendance by any individual at a
department-sponsored child day care center orientation session.

(E) A probation monitoring fee equal to the begin insert current end insert annual fee,
in addition to the begin insert current end insert annual fee for that category and capacity
for each year a license has been placed on probation as a result of
a stipulation or decision and order pursuant to the administrative
adjudication procedures of the Administrative Procedure Act
(Chapter 4.5 (commencing with Section 11400) and Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title
2 of the Government Code).

(F) A late fee that represents an additional 50 percent of the
established begin insert current end insert annual fee when any licensee fails to pay the
begin insert current end insert annual licensing fee on or before the due date as indicated
by postmark on the payment.

(G) A fee to cover any costs incurred by the department for
processing payments including, but not limited to, bounced check
charges, charges for credit and debit transactions, and postage due
charges.

(H) A plan of correction fee of two hundred dollars ($200) when
any licensee does not implement a plan of correction on or prior
to the date specified in the plan.

(2) No local jurisdiction shall impose any business license, fee,
or tax for the privilege of operating a small family day care home
licensed under this act.

(c) (1) The revenues collected from licensing fees pursuant to
this section shall be utilized by the department for the purpose of
ensuring the health and safety of all individuals provided care and
supervision by licensees, and to support the activities of the
licensing program, including, but not limited to, monitoring
facilities for compliance with licensing laws and regulations
pursuant to this act, and other administrative activities in support
of the licensing program, when appropriated for these purposes.
The revenues collected shall be used in addition to any other funds
appropriated in the annual Budget Act in support of the licensing
program. begin insert The department shall adjust the fees collected pursuant
to this section as necessary to ensure they do not exceed the costs
described in this paragraph. end insert

(2) The department shall not utilize any portion of these revenues
sooner than 30 days after notification in writing of the purpose
and use, as approved by the Department of Finance, to the
Chairperson of the Joint Legislative Budget Committee, and the
chairpersons of the committee in each house that considers
appropriations for each fiscal year. The department shall submit
a budget change proposal to justify any positions or any other
related support costs on an ongoing basis.

(d) A child day care facility may use a bona fide business or
personal check to pay the license fee required under this section.

(e) The failure of an applicant for licensure or a licensee to pay
all applicable and accrued fees and civil penalties shall constitute
grounds for denial or forfeiture of a license.

begin insert

begin insert SEC. 29. end insert   

end insert

begin insert Section 1596.871 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

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. 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. An individual
shall be required to obtain either a criminal record clearance or a
criminal record exemption from the State Department of Social
Services before his or her initial presence in a child day care
facility.

(a) (1) 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
subdivision (c) of 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.

(2) The 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.

(3) Except during the 2003-04 to the 2014-15 fiscal years,
inclusive, neither the Department of Justice nor the department
may charge a fee 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.

(4) The following shall apply to the criminal record information:

(A) 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).

(B) If the State Department of Social Services finds that the
applicant, or any other person specified in subdivision (b), is
awaiting trial for a crime other than a minor traffic violation, the
State Department of Social Services may cease processing the
application until the conclusion of the trial.

(C) 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.

(D) 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).

(E) An applicant and any other person specified in subdivision
(b) shall submit fingerprint images and related information to the
Department of Justice and the Federal Bureau of Investigation,
through the Department of Justice, for a state and federal level
criminal offender record information search, 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) (1) In addition to the applicant, this section shall be
applicable to criminal convictions of the following persons:

(A) Adults responsible for administration or direct supervision
of staff.

(B) Any person, other than a child, residing in the facility.

(C) Any person who provides care and supervision to the
children.

(D) Any staff person, volunteer, or employee who has contact
with the children.

(i) A volunteer providing time-limited specialized services shall
be exempt from the requirements of this subdivision if this person
is directly supervised by the licensee or a facility employee with
a criminal record clearance or exemption, the volunteer spends no
more than 16 hours per week at the facility, and the volunteer is
not left alone with children in care.

(ii) A student enrolled or participating at an accredited
educational institution shall be exempt from the requirements of
this subdivision if the student is directly supervised by the licensee
or a facility employee with a criminal record clearance or
exemption, the facility has an agreement with the educational
institution concerning the placement of the student, the student
spends no more than 16 hours per week at the facility, and the
student is not left alone with children in care.

(iii) A volunteer who is a relative, legal guardian, or foster parent
of a client in the facility shall be exempt from the requirements of
this subdivision.

(iv) A contracted repair person retained by the facility, if not
left alone with children in care, shall be exempt from the
requirements of this subdivision.

(v) Any person similar to those described in this subdivision,
as defined by the department in regulations.

(E) 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.

(F) 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.

(G) 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.

(H) 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 record 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.

(I) 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
record 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.

(2) Nothing in this subdivision shall prevent a licensee from
requiring a criminal record clearance of any individuals exempt
from the requirements under this subdivision.

(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 fingerprint images and related information to the
Department of Justice and the Federal Bureau of Investigation,
through the Department of Justice, or begin delete to end delete 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 fingerprint images begin delete for the purpose of obtaining a
permanent set of fingerprints end delete begin insert and related information end insert shall be
electronically submitted to the Department of Justice in a manner
approved by the State Department of Social Services and begin insert the
Department of Justice for the purpose of obtaining a permanent
set of fingerprints. A licensee’s failure end insert to begin insert submit fingerprint images
and related information to end insert the Department of begin delete Justice, end delete begin insert Justice end insert 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 per day for a maximum of five days, unless
the violation is a second or subsequent violation within a 12-month
period in which case the civil penalties shall be in the amount of
one hundred dollars ($100) per violation for a maximum of 30
days, and shall be grounds for disciplining the licensee pursuant
to Section 1596.885 or Section 1596.886. The State Department
of Social Services may assess civil penalties for begin insert repeated or end insert
continued violations permitted by Sections 1596.99 and begin delete 1597.62. end delete
begin insert 1597.58. end insert The fingerprint images and related information shall then
be submitted to the department for processing. Within 14 calendar
days of the receipt of the fingerprint images, 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 fingerprint images. If new fingerprint images
are required for processing, the Department of Justice shall, within
14 calendar days from the date of receipt of the fingerprint images,
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 per day for a maximum of five days, unless
the violation is a second or subsequent violation within a 12-month
period in which case the civil penalties shall be in the amount of
one hundred dollars ($100) per violation for a maximum of 30
days, and shall be grounds for disciplining the licensee pursuant
to Section 1596.885 or Section 1596.886. The department may
assess civil penalties for begin insert repeated or end insert continued violations, as
permitted by Sections 1596.99 and begin delete 1597.62. end delete begin insert 1597.58. end insert

(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, 273d, 273g, or 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 result
in a citation of deficiency and an immediate assessment of civil
penalties by the department against the licensee, in the amount of
one hundred dollars ($100) per violation per day for a maximum
of five days, unless the violation is a second or subsequent violation
within a 12-month period in which case the civil penalties shall
be in the amount of one hundred dollars ($100) per violation for
a maximum of 30 days, and 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 that
the department is permitted to take following the establishment of
a conviction may be taken when the time for appeal has elapsed,
when 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 may 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, an exemption
may not be granted pursuant to this subdivision if the conviction
was for any of the following offenses:

(A) 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 (c) of Section 290, or 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.

(B) A felony offense specified in Section 729 of the Business
and Professions Code or Section 206 or 215, subdivision (a) of
Section 347, subdivision (b) of Section 417, or subdivision (a) or
(b) of Section 451 of the Penal Code.

(2) The department may 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 fingerprint images.

(h) (1) For the purposes of compliance with this section, the
department may permit an individual to transfer a current criminal
record 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 facility licensed by a 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 clearances to be transferred.

(3) The following shall apply to a criminal record clearance or
exemption from the department or a county office with
department-delegated licensing authority:

(A) A county office with department-delegated licensing
authority may accept a clearance or exemption from the
department.

(B) The department may accept a clearance or exemption from
any county office with department-delegated licensing authority.

(C) A county office with department-delegated licensing
authority may accept a clearance or exemption from any other
county office with department-delegated licensing authority.

(4) With respect to notifications issued by the Department of
Justice pursuant to Section 11105.2 of the Penal Code concerning
an individual whose criminal record clearance was originally
processed by the department or a county office with
department-delegated licensing authority, all of the following shall
apply:

(A) The Department of Justice shall process a request from the
department or a county office with department-delegated licensing
authority to receive the notice, only if all of the following
conditions are met:

(i) The request shall be submitted to the Department of Justice
by the agency to be substituted to receive the notification.

(ii) The request shall be for the same applicant type as the type
for which the original clearance was obtained.

(iii) The request shall contain all prescribed data elements and
format protocols pursuant to a written agreement between the
department and the Department of Justice.

(B) (i) On or before January 7, 2005, the department shall notify
the Department of Justice of all county offices that have
department-delegated licensing authority.

(ii) The department shall notify the Department of Justice within
15 calendar days of the date on which a new county office receives
department-delegated licensing authority or a county’s delegated
licensing authority is rescinded.

(C) The Department of Justice shall charge the department or
a county office with department-delegated licensing authority a
fee for each time a request to substitute the recipient agency is
received for purposes of this paragraph. This fee shall not exceed
the cost of providing the service.

(i) Notwithstanding any other provision of law, the department
may provide an individual with a copy of his or her state or federal
level criminal offender record information search response as
provided to that department by the Department of Justice if the
department has denied a criminal background clearance based on
this information and the individual makes a written request to the
department for a copy specifying an address to which it is to be
sent. The state or federal level criminal offender record information
search response shall not be modified or altered from its form or
content as provided by the Department of Justice and shall be
provided to the address specified by the individual in his or her
written request. The department shall retain a copy of the
individual’s written request and the response and date provided.

begin insert

begin insert SEC. 30. end insert   

end insert

begin insert Section 1796.12 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1796.12.  

For purposes of this chapter, the following definitions
shall apply:

(a) “Affiliated home care aide” means an individual, 18 years
of age or older, who is employed by a home care organization to
provide home care services to a client and is listed on the home
care aide registry.

(b) “Child” or “children” means an individual or individuals
under 18 years of age.

(c) “Client” means an individual who receives home care
services from a registered home care aide.

(d) “Department” means the State Department of Social
Services.

(e) “Director” means the Director of Social Services.

(f) “Family member” means any spouse, by marriage or
otherwise, begin insert domestic partner, end insert child or stepchild, by natural birth or
by adoption, parent, brother, sister, half-brother, half-sister,
parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt,
uncle, first cousin, or any person denoted by the prefix “grand” or
“great,” or the spouse of any of these persons, even if the marriage
has been terminated by death or dissolution.

(g) “Home care aide applicant” means an individual, 18 years
of age or older, who is requesting to become begin delete an end delete begin insert a end insert registered home
care aide and the department has received and is processing the
individual’s complete home care aide application and begin delete fees. end delete
begin insert nonrefundable application fee. end insert

(h) “Home care aide application” means the official form,
designated by the department, to request to become a registered
home care aide.

(i) “Home care aide registry” means a department-established
and department-maintained Internet Web site of registered home
care aides and home care aide applicants, which includes all of the
following: the individual’s name, registration number, registration
status, registration expiration date, and, if applicable, the home
care organization to which the affiliated home care aide or affiliated
home care aide applicant is associated.

(j) “Home care organization” means an individual, 18 years of
age or older, firm, partnership, corporation, limited liability
company, joint venture, association, or other entity that arranges
for home care services by an affiliated home care aide to a client,
and is licensed pursuant to this chapter.

begin insert

(k) “Home care organization applicant” means an individual,
18 years of age or older, or a firm, partnership, corporation,
limited liability company, joint venture, association, or other entity
where the individual or individuals applying for the license are
18 years of age or older and are requesting to become a home
care organization licensee and the department has received and
is processing the complete home care organization application
and nonrefundable application fee.

end insert begin delete

(k)

end delete

begin insert ( end insert begin insert l end insert begin insert ) end insert  “Home care organization application” means the official
form, designated by the department, to request to become a licensed
home care organization.

begin delete

(l)

end delete

begin insert (m) end insert  “Home care organization licensee” means an individual, 18
years of age or older, firm, partnership, corporation, limited liability
company, joint venture, association, or other entity having the
authority and responsibility for the operation begin insert or management end insert of a
licensed home care organization.

begin delete

(m)

end delete

begin insert (n) end insert  “Home care services” means nonmedical services and
assistance provided by a registered home care aide to a client who,
because of advanced age or physical or mental disability, cannot
perform these services. These services enable the client to remain
in his or her residence and include, but are not limited to, assistance
with the following: bathing, dressing, feeding, exercising, personal
hygiene and grooming, transferring, ambulating, positioning,
toileting and incontinence care, assisting with medication that the
client self-administers, housekeeping, meal planning and
preparation, laundry, transportation, correspondence, making
telephone calls, shopping for personal care items or groceries, and
companionship. This subdivision shall not authorize a registered
home care aide to assist with medication that the client
self-administers that would otherwise require administration or
oversight by a licensed health care professional.

begin delete

(n)

end delete

begin insert (o) end insert  “Registered home care aide” means an affiliated home care
aide or independent home care aide, 18 years of age or older, who
is listed on the home care aide registry.

begin delete

(o)

end delete

begin insert (p) end insert  “Independent home care aide” means an individual, 18 years
of age or older, who is not employed by a home care organization,
but who is listed on the home care aide registry and is providing
home care services through a direct agreement with a client.

begin insert

begin insert SEC. 31. end insert   

end insert

begin insert Section 1796.14 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1796.14.  

(a) Individuals who are not employed by a home care
organization but who provide home care services to a client may
be listed on the home care aide registry.

(b) An affiliated home care aide shall be listed on the home care
aide registry prior to providing home care services to a client.

begin delete end delete begin delete

(c) An individual providing home care services to a child is
exempt from any requirement to be listed on the home care aide
registry if the individual is one of the following:

end delete begin delete end delete begin delete

(1) A family member of the child.

end delete begin delete end delete begin delete

(2) A guardian of the child.

end delete begin delete end delete begin delete

(3) A conservator of the child.

end delete begin delete end delete begin delete

(4) A foster parent of the child, in a foster family home, as
defined in paragraph (5) of subdivision (a) of Section 1502, or a
certified family home, as defined in subdivision (d) of Section
1506.

end delete begin delete end delete begin delete

(5) Nonrelative extended family member, as defined in Section
362.7 of the Welfare and Institutions Code.

end delete begin delete end delete begin delete

(6) Providing home care services in a facility in which only
Indian children who are eligible under the federal Indian Child
Welfare Act (25 U.S.C. 1901 et seq.) are placed and is one of the
following:

end delete begin delete end delete begin delete

(A) An extended family member of the Indian child, as defined
in Section 1903 of Title 25 of the United States Code.

end delete begin delete end delete begin delete

(B) A foster home that is licensed, approved, or specified by
the Indian child’s tribe pursuant to Section 1915 of Title 25 of the
United States Code.

end delete begin delete end delete begin delete

(7) Providing home

end delete

begin insert (c) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert Home care aides shall not include individuals who are
providing end insert home care services as part of begin delete his or her end delete begin insert their end insert job duties
through one of the following entities:

(A)  begin delete A end delete begin insert Services authorized to be provided by a licensed end insert home
health agency begin delete licensed end delete under Chapter 8 (commencing with Section
1725).

(B)  begin delete A end delete begin insert Services authorized to be provided by a licensed end insert hospice
begin delete licensed under end delete begin insert pursuant to end insert Chapter 8.5 (commencing with Section
1745).

(C)  begin delete A end delete begin insert Services authorized to be provided by a licensed end insert health
facility begin delete licensed under end delete begin insert pursuant to end insert Chapter 2 (commencing with
Section 1250).

begin delete

(D) Any clinic licensed under Sections 1204 or 1204.1.

end delete begin delete end delete begin delete

(E) A county providing in-home

end delete

begin insert (D) end insert begin insert   end insert begin insert In-home end insert supportive services begin insert provided end insert pursuant to Article
7 (commencing with Section 12300) of Chapter 3 of Part 3 of
Division 9 begin delete of the Welfare and Institutions Code, without regard
to whether the county provides these services as a public authority end delete
begin insert of, end insert or begin delete through a nonprofit consortium established pursuant to end delete
Section begin delete 12301.6 of end delete begin insert 14132.95, 14132.952, or 14132.956 of, end insert the
Welfare and Institutions Code.

begin insert

(E) A community care facility licensed pursuant to Chapter 3
(commencing with Section 1500), a residential care facility for
persons with chronic life-threatening illness licensed pursuant to
Chapter 3.01 (commencing with Section 1568.01), a residential
care facility for the elderly licensed pursuant to Chapter 3.2
(commencing with Section 1569), or a facility licensed pursuant
to the California Child Day Care Facilities Act, (Chapter 3.4
(commencing with Section 1596.70)), which includes day care
centers, as described in Chapter 3.5 (commencing with Section
1596.90), family day care homes, as described in Chapter 3.6
(commencing with Section 1597.30), and employer-sponsored
child care centers, as described in Chapter 3.65 (commencing with
Section 1597.70).

end insert begin insert

(F) A clinic licensed pursuant to Section 1204 or 1204.1.

end insert begin delete

(F)

end delete

begin insert (G) end insert  A home medical device retail facility licensed begin delete under end delete
begin insert pursuant to end insert Section 111656.

begin delete

(G)

end delete

begin insert (H) end insert  An organization vendored or contracted through a regional
center or the State Department of Developmental Services pursuant
to the Lanterman Developmental Disabilities Services Act
begin delete (Division 4.5 end delete begin insert (Chapter 1 end insert (commencing with Section 4500) of
begin insert Division 4.5 of end insert the Welfare and Institutions Code) and the
California Early Intervention Services Act (Title 14 (commencing
with Section 95000) of the Government Code) to provide services
and supports for persons with developmental disabilities, as defined
in Section 4512 of the Welfare and Institutions Code, when funding
for those services is provided through the State Department of
Developmental Services and more than 50 percent of the recipients
of the home care services provided by the organization are persons
with developmental disabilities.

begin delete end delete begin delete

(H) A community care facility as licensed under Chapter 3
(commencing with Section 1500), a residential care facility for
persons with special health care needs licensed under Chapter 3.01
(commencing with Section 1568.01), a residential care facility for
the elderly licensed under Chapter 3.2 (commencing with Section
1569), or a child day care licensed under Chapter 3.4 (commencing
with Section 1596.70).

end delete begin delete end delete

(I)  begin delete Any end delete begin insert An end insert alcoholism or drug abuse recovery or treatment
facility as defined begin delete by end delete begin insert in end insert Section 11834.02.

begin delete end delete begin delete

(J) Any other entity providing services similar to those described
in this paragraph, as determined by the director.

end delete begin delete end delete begin delete

(8) Providing services authorized pursuant to Section 2731 of
the Business and Professions Code

end delete begin delete end delete begin delete

(d) (1) Home care aides shall not include individuals who are
providing home care services as part of their job duties through
one of the following entities:

end delete begin delete end delete begin delete

(A) Services authorized to be provided by a licensed home
health agency under Chapter 8 (commencing with Section 1725).

end delete begin delete end delete begin delete

(B) Services authorized to be provided by a licensed hospice
pursuant to Chapter 8.5 (commencing with Section 1745).

end delete begin delete end delete begin delete

(C) Services authorized to be provided by a licensed health
facility pursuant to Chapter 2 (commencing with Section 1250).

end delete begin delete end delete begin delete

(D) In-home supportive services provided pursuant to Article
7 (commencing with Section 12300) of Chapter 3 of Part 3 of
Division 9 of the Welfare and Institutions Code.

end delete begin delete end delete begin delete

(E) Services authorized to be provided by one

end delete

begin insert (J) end insert begin insert   end insert begin insert A facility in which only Indian children who are eligible
under the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901
et seq.) are placed and is either end insert of the following:

(i)  begin delete A licensed residential care facility for end delete begin insert An extended family
member of end insert the begin delete elderly pursuant to Chapter 3.2 (commencing with end delete
begin insert Indian child, as defined in end insert Section begin delete 1569). end delete begin insert 1903 of Title 25 of the
United States Code. end insert

(ii) A begin delete licensed community care facility end delete begin insert foster home that is
licensed, approved, or specified by the Indian child’s tribe end insert pursuant
to begin delete Chapter 3 (commencing with Section 1500). end delete begin insert Section 1915 of
Title 25 of the United States Code. end insert

begin delete end delete begin delete

(iii) A licensed residential care facility for persons with chronic
life-threatening illness pursuant to Chapter 3.01 (commencing with
Section 1568.01).

end delete begin delete end delete begin delete end delete begin delete

(iv) A licensed facility, pursuant to the California Child Day
Care Act (Chapter 3.4 (commencing with Section 1596.70)), which
includes day care centers under Chapter 3.5 (commencing with
Section 1596.90) and family day care homes under to Chapter 3.6
(commencing with Section 1597.30).

end delete begin delete end delete

(2) Home care aides shall not include individuals providing
services authorized to be provided pursuant to Section 2731 of the
Business and Professions Code.

begin insert

(d) Home care aides shall not include a nonrelative extended
family member, as defined in Section 362.7 of the Welfare and
Institutions Code.

end insert begin insert

(e) In the event of a conflict between this chapter and a provision
listed in subdivision (b), (c), or (d), the provision in subdivision
(b), (c), or (d) shall control.

end insert

begin insert

begin insert SEC. 32. end insert   

end insert

begin insert Section 1796.16 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1796.16.  

begin insert (a) end insert begin insert   end insert begin insert end insert A registered home care aide may provide home
care services to more than one child for a family, but may not
provide home care services for a child or children from more than
one family at the same time. This begin delete section end delete begin insert chapter end insert shall not preclude
a registered home care aide from providing home care services for
a child or children of multiple families at different times. This
chapter shall not override provisions of the California Child Day
Care begin insert Facilities end insert Act (Chapter 3.4 (commencing with Section
1596.70)), begin insert which includes end insert Chapter 3.5 (commencing with Section
1596.90), begin delete and end delete Chapter 3.6 (commencing with Section begin delete 1597.30). end delete
begin insert 1597.30), and Chapter 3.65 (commencing with Section 1597.70). end insert

begin insert

(b) This chapter does not override provisions of the California
Community Care Facilities Act (Chapter 3 (commencing with
Section 1500)), Residential Care Facilities for Persons With
Chronic Life-Threatening Illness Act (Chapter 3.01 (commencing
with Section 1568.01)), or the California Residential Care
Facilities for the Elderly Act (Chapter 3.2 (commencing with
Section 1569)).

end insert

begin insert

begin insert SEC. 33. end insert   

end insert

begin insert Section 1796.17 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1796.17.  

begin insert

(a) Each home care organization shall be separately
licensed. Nothing in this chapter shall prevent a licensee from
obtaining more than one home care organization license or
obtaining a home care organization license in addition to other
licenses issued by the department, or both.

end insert

begin insert (b) end insert begin insert   end insert A home care organization shall not include the following:

begin delete

(a)

end delete

begin insert (1) end insert  A home health agency licensed under Chapter 8
(commencing with Section 1725).

begin delete

(b)

end delete

begin insert (2) end insert  A hospice licensed under Chapter 8.5 (commencing with
Section 1745).

begin delete

(c)

end delete

begin insert (3) end insert  A health facility licensed under Chapter 2 (commencing
with Section 1250).

begin delete

(d)

end delete

begin insert (4) end insert  A begin delete county providing in-home supportive end delete begin insert person who performs end insert
services begin insert through the In-Home Supportive Services program end insert
pursuant to Article 7 (commencing with Section 12300) of Chapter
3 of Part 3 of Division 9 begin delete of the Welfare and Institutions Code,
without regard to whether the county provides these services as a
public authority end delete begin insert of, end insert or begin delete through a nonprofit consortium established
pursuant to end delete Section begin delete 12301.6 of end delete begin insert 14132.95, 14132.952, or 14132.956
of, end insert the Welfare and Institutions Code.

begin delete

(e)

end delete

begin insert (5) end insert  A home medical device retail facility licensed under Section
111656.

begin delete

(f)

end delete

begin insert (6) end insert  An organization vendored or contracted through a regional
center or the State Department of Developmental Services pursuant
to the Lanterman Developmental Disabilities Services Act
(Division 4.5 (commencing with Section 4500) of the Welfare and
Institutions Code) and the California Early Intervention Services
Act (Title 14 (commencing with Section 95000) of the Government
Code) to provide services and supports for persons with
developmental disabilities, as defined in Section 4512 of the
Welfare and Institutions Code, when funding for those services is
provided through the State Department of Developmental Services
and more than 50 percent of the recipients of the home care services
provided by the organization are persons with developmental
disabilities.

begin delete

(g)

end delete

begin insert (7) end insert  An employment agency, as defined in Section 1812.5095
of the Civil Code, that procures, offers, refers, provides, or attempts
to provide an independent home care aide who provides home care
services clients.

begin delete end delete begin delete

(h) A residential care facility for the elderly licensed under
Chapter 3.2 (commencing with Section 1569).

end delete begin delete end delete begin delete

(i)

end delete

begin insert (8) end insert  A community care facility licensed begin delete under end delete begin insert pursuant to end insert
Chapter 3 (commencing with Section 1500), begin delete or end delete a residential care
facility for persons with chronic life-threatening illness licensed
begin delete under end delete begin insert pursuant to end insert Chapter 3.01 (commencing with Section
begin delete 1568.01). end delete begin insert 1568.01), a residential care facility for the elderly
licensed pursuant to Chapter 3.2 (commencing with Section 1569),
or a facility licensed pursuant to the California Child Day Care
Facilities Act (Chapter 3.4 (commencing with Section 1596.70)),
which includes day care centers, as described in Chapter 3.5
(commencing with Section 1596.90), family day care homes, as
described in Chapter 3.6 (commencing with Section 1597.30), and
employer-sponsored child care centers, as described in Chapter
3.65 (commencing with Section 1597.70). end insert

begin delete

(j)

end delete

begin insert (9) end insert  An begin delete person end delete begin insert alcoholism end insert or begin delete organization performing activities
that fall under the jurisdiction of a child day care facility licensed
under Chapter 3.4 (commencing with Section 1596.70), a day care
center licensed under Chapter 3.5 (commencing with Section
1596.60), end delete begin insert drug abuse recovery end insert or begin delete a family day care home licensed
under Chapter 3.6 (commencing with end delete begin insert treatment facility as defined
in end insert Section begin delete 1597.30). end delete begin insert 11834.02. end insert

begin insert

(10) A person providing services authorized pursuant to Section
2731 of the Business and Professions Code.

end insert begin insert

(11) A clinic licensed pursuant to Section 1204 or 1204.1.

end insert begin insert

(12) A nonrelative extended family member, as defined in Section
362.7 of the Welfare and Institutions Code.

end insert begin insert

(13) A facility providing home care services in which only Indian
children who are eligible under the federal Indian Child Welfare
Act (25 U.S.C. Sec. 1901 et seq.) are placed and which satisfies
either of the following:

end insert begin insert

(A) An extended family member of the Indian child, as defined
in Section 1903 of Title 25 of the United States Code.

end insert begin insert

(B) A foster home that is licensed, approved, or specified by the
Indian child’s tribe pursuant to Section 1915 of Title 25 of the
United States Code.

end insert begin insert

(14) Any other individual or entity providing services similar
to those described in this chapter, as determined by the director.

end insert begin insert

(c) In the event of a conflict between this chapter and a provision
listed in subdivision (b), the provision in subdivision (b) shall
control.

end insert

begin insert

begin insert SEC. 34. end insert   

end insert

begin insert Section 1796.19 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1796.19.  

(a) The department shall consider, but is not limited
to, the following when determining whether to approve a
registration application:

(1) Evidence satisfactory to the department of the ability of the
begin delete independent end delete home care aide applicant begin delete or the affiliated home care
aide applicant end delete to comply with this chapter and the rules and
regulations promulgated under this chapter by the department.

(2) Evidence satisfactory to the department that the begin delete independent end delete
home care aide applicant begin delete or the affiliated home care aide applicant end delete
is of reputable and responsible character. The evidence shall
include, but is not limited to, a review of the independent home
care aide applicant’s begin delete or the affiliated home care aide applicant’s end delete
criminal offender record information pursuant to Section 1522.

(3)  begin delete Disclosure of any end delete begin insert Any end insert revocation or other disciplinary action
taken, or in the process of being taken, related to the care of
individuals against the begin delete independent end delete home care aide begin delete applicant or
the affiliated home care aide end delete applicant.

begin delete end delete begin delete

(4) A signed statement that the independent home care aide
applicant or the affiliated home care aide applicant has read and
understood this chapter and any rules and regulations promulgated
under this chapter by the department.

end delete begin delete end delete begin delete

(5)

end delete

begin insert (4) end insert  Any other information that may be required by the
department for the proper administration and enforcement of this
chapter.

(b) Failure of the home care aide applicant to cooperate with
the department in the completion of the Home Care Aide
application shall result in the withdrawal of the registration
application. “Failure to cooperate” means that the information
described in this chapter and by any rules and regulations
promulgated under this chapter has not been provided, or has not
been provided in the form requested by the department, or both.

begin insert

begin insert SEC. 35. end insert   

end insert

begin insert Section 1796.22 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1796.22.  

Any individual who has submitted begin delete an end delete begin insert a home care
aide end insert application and who possesses any one of the following
identification cards may initiate a background examination to be
a registered home care aide:

(a) A valid California driver’s license.

(b) A valid identification card issued by the Department of
Motor Vehicles.

(c) A valid Alien Registration Card.

(d) In the case of a person living in a state other than California,
a valid numbered photo identification card issued by an agency of
the state other than California.

begin insert

begin insert SEC. 36. end insert   

end insert

begin insert Section 1796.23 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1796.23.  

(a) Each person initiating a background examination
to be a registered home care aide shall submit his or her fingerprints
to the Department of Justice by electronic transmission in a manner
approved by the begin delete State Department of Social Services, end delete begin insert department, end insert
unless exempt under subdivision (d). Each person initiating a
background examination to be a registered home care aide shall
also submit to the begin delete State Department of Social Services end delete begin insert department end insert
a signed declaration under penalty of perjury regarding any prior
criminal convictions pursuant to Section 1522 and a completed
home care aide application.

(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. begin insert The fee revenues
shall be deposited in the Fingerprint Fees Account. end insert

(c) The Department of Justice shall use the fingerprints to search
the state and Federal Bureau of Investigation criminal offender
record information pursuant to Section 1522.

(d) A person who is a current licensee or employee in a facility
licensed by the begin delete State Department of Social Services, end delete begin insert department, end insert
a certified foster parent, a certified administrator, or a registered
TrustLine provider need not submit fingerprints to the begin delete State
Department of Social Services end delete begin insert department, end insert and may transfer his
or her current criminal record clearance or exemption pursuant to
paragraph (1) of subdivision (h) of Section 1522. The person shall
instead submit to the begin delete State Department of Social Services, end delete
begin insert department, end insert along with the person’s registration application, a
copy of the person’s identification card described in Section
1796.22 and sign a declaration verifying the person’s identity.

begin insert

begin insert SEC. 37. end insert   

end insert

begin insert Section 1796.24 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1796.24.  

(a) (1) The department shall establish a home care
aide registry pursuant to this chapter and shall continuously update
the registry information. Upon submission of the home care begin delete aid end delete
begin insert aide end insert application and fingerprints or other identification documents
pursuant to Section begin delete 1796.23, end delete begin insert 1796.22, end insert the department shall enter
into the home care aide registry the person’s name, identification
number, and an indicator that the person has submitted a home
care aide application and fingerprints or identification
documentation. This person shall be known as a “home care aide
applicant.”

(2) A person shall not be entitled to apply to be a registered
home care aide and shall have his or her registration application
returned without the right to appeal if the person would not be
eligible to obtain a license pursuant to Section begin delete 1558.1. end delete begin insert 1796.40 or
1796.41. end insert

(b) (1) Before approving an individual for registration, the
department shall check the individual’s criminal history pursuant
to Section 1522. Upon completion of the searches of the state
summary criminal offender record information and the records of
the Federal Bureau of Investigation, the begin insert home care aide end insert applicant
shall be issued a criminal record clearance or granted a criminal
record exemption if grounds do not exist for denial pursuant to
Section 1522. The department shall enter that finding in the
person’s record in the home care aide registry and shall notify the
person of the action. This person shall be known as begin delete an “independent end delete
begin insert a “registered end insert home care begin delete aide” or an “affiliated home care end delete aide.”
If the begin insert home care aide end insert applicant meets all of the conditions for
registration, except receipt of the Federal Bureau of Investigation’s
criminal offender record information search response, the
department may issue a clearance if the begin insert home care aide end insert applicant
has signed and submitted a statement that he or she has never been
convicted of a crime in the United States, other than a minor traffic
violation. If, after approval, the department determines that the
registrant has a criminal record, registration may be revoked
pursuant to Section 1796.26.

(2) For purposes of compliance with this section, the department
may permit begin delete an end delete begin insert a home care organization end insert applicant begin insert or a home care
organization licensee end insert to request the transfer of a begin insert home care aide’s end insert
current criminal record clearance or exemption for a licensed care
facility issued by the begin delete department or a county with delegated
licensing authority. end delete begin insert department. end insert A signed criminal record clearance
or exemption transfer request shall be submitted 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 begin delete licensee, who shall enclose a self-addressed envelope
for this purpose, end delete begin insert licensee or home care aide applicant, end insert the begin delete State
Department of Social Services end delete begin insert department end insert shall verify whether
the individual has a clearance or exemption that can be transferred
pursuant to the requirements of this chapter.

(3) The begin delete State Department of Social Services end delete begin insert department end insert shall
hold criminal record clearances and exemptions in its active files
for a minimum of three years after the individual is no longer on
the registry in order to facilitate a transfer request.

begin insert

begin insert SEC. 38. end insert   

end insert

begin insert Section 1796.25 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1796.25.  

(a) (1) If the department finds that the home care
aide applicant or the registered home care aide has been convicted
of a crime, other than a minor traffic violation, the department
shall deny the home care aide application, or revoke the registered
home care aide’s registration unless the director grants an
exemption pursuant to subdivision (g) of Section 1522.

(2) If the department finds that the begin delete independent end delete home care aide
begin delete applicant, the independent home care aide, the affiliated home care
aide applicant, end delete begin insert applicant end insert or begin delete the affiliated end delete begin insert registered end insert home care
aide has an arrest as described in subdivision (a) of Section 1522,
the department may deny the registration application or registration
renewal application, or revoke the registered home care aide’s
registration, if the begin delete independent end delete home care aide begin delete applicant,
independent home care aide, affiliated home care aide applicant, end delete
or begin delete affiliated end delete begin insert registered end insert home care aide may pose a risk to the health
and safety of any person who is or may become a client and the
department complies with subdivision (e) of Section 1522.

(3) The department may deny the home care aide application
or the renewal application of a registered home care begin insert aide, or revoke
the home care end insert aide begin insert registration, end insert if the department discovers that
it had previously revoked a license or certificate of approval to be
a certified family home, a certified administrator, or a registered
TrustLine provider held by the home care aide applicant or
registered home care aide, or that it had excluded the home care
aide applicant or registered home care aide from a licensed facility.

(4) The department may deny the home care aide application
or registered home care aide registration renewal application, for
placement or retention upon the home care aide registry or revoke
the registered home care aide’s registration if the department
discovers that it had previously denied the home care aide
applicant’s or registered home care aide’s application for a license
from the department or certificate of approval to be a certified
family home, a certified administrator, or a registered TrustLine
provider.

(b) (1) If the department revokes or denies a home care aide
application or registered home care aide’s renewal application
pursuant to subdivision (a), the department shall advise the home
care aide applicant or registered home care begin delete aide end delete begin insert aide, by written
notification, end insert of the right to appeal. The home care aide applicant
or registered home care aide shall have 15 days begin insert from the date of
the written notification end insert to appeal the denial or revocation.

(2) Upon receipt by the department of the appeal, the appeal
shall be set for hearing. The hearing shall be conducted in
accordance with Section 1551.

(c) If the home care aide application or registered home care
aide renewal application has been denied, the home care aide
applicant or registered home care aide shall not reapply until he
or she meets the timeframe set forth begin delete by the department end delete in
begin delete regulation, not to exceed one year. end delete begin insert Sections 1796.40 and 1796.41. end insert

begin insert

begin insert SEC. 39. end insert   

end insert

begin insert Section 1796.26 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1796.26.  

(a) (1) The department may revoke or deny a
registered home care aide’s registration or request for registration
renewal if begin insert any of end insert the begin insert following apply to the end insert registered home care
begin delete aide does any of the following: end delete begin insert aide: end insert

(A)  begin delete Procures end delete begin insert He end insert or begin delete attempts end delete begin insert she procured or attempted end insert to
procure his or her registered home care aide registration or renewal
by fraud or misrepresentation.

begin delete end delete begin delete

(B) Knowingly makes or gives any false statement or
information in conjunction with the registered home care aide
application or renewal application.

end delete begin delete end delete begin delete

(C)

end delete

begin insert (B) end insert   begin delete Has end delete begin insert He or she has end insert a criminal conviction, begin insert other than a minor
traffic violation, end insert unless an exemption is granted pursuant to Section
1522.

begin delete end delete begin delete

(D) Engages or has engaged in an incident of abuse or neglect
or other conduct that poses a threat to the health and safety of any
person who is or may become a client.

end delete begin delete end delete begin delete end delete begin delete

(E) Violates this chapter or of the rules or regulations
promulgated under this chapter.

end delete begin delete end delete begin delete end delete begin delete

(F) Aids, abets, or permits the violation of this chapter or of the
rules and regulations promulgated under this chapter.

end delete begin delete end delete begin delete

(G)

end delete

begin insert (C) end insert   begin delete Engages end delete begin insert He end insert or begin insert she engages or end insert has engaged in conduct
which is inimical to the health, morals, welfare, or safety of the
people of the begin delete state end delete begin insert State of California end insert or an individual receiving
or seeking to receive home care services.

begin delete end delete begin delete

(H) Engages or has engaged in acts of financial malfeasance
concerning a client, including, but not limited to, improper use or
embezzlement of client moneys and property or fraudulent
appropriation for personal gain of client moneys and property, or
willful or negligent failure to provide services.

end delete begin delete end delete

(2) An individual whose begin delete registered home care aide end delete registration
has been revoked shall not reapply until he or she meets the
timeframe as set forth in Section begin delete 1558.1. end delete begin insert 1796.40 or 1796.41. end insert

(3) An individual whose begin delete registered home care aide end delete criminal
record exemption has been denied shall not reapply for two years
from the date of the exemption denial.

(4) The hearing to revoke or deny the registered home care aide
registration or registration renewal request shall be conducted in
accordance with Section 1551.

(b) (1) The registered home care aide’s registration shall be
considered forfeited under the following conditions:

(A) The registered home care aide has had a license or certificate
of approval revoked, suspended, or denied as authorized under
Section 1534, 1550, 1568.082, 1569.50, begin insert 1596.608, end insert or 1596.885.

(B) The registered home care aide has been denied employment,
residence, or presence in a facility or client’s home based on action
resulting from an administrative hearing pursuant to Section 1558,
1568.092, 1569.58, or 1596.8897.

(C) The registered home care aide fails to maintain a current
mailing address with the department.

(D) The registered home care aide’s registration is not renewed.

(E) The registered home care aide surrenders his or her
registration to the department.

(F) The registered home care aide dies.

(2) An individual whose registered home care aide registration
has been forfeited shall not reapply until he or she meets the
timeframe set forth by the department in begin delete Section 1558.1. end delete begin insert Sections
1796.40 and 1796.41. end insert

(c) A registered home care aide’s registration shall not be
transferred or sold to another individual or entity.

begin insert

begin insert SEC. 40. end insert   

end insert

begin insert Section 1796.29 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1796.29.  

The department shall do both of the following in the
administration of the home care aide registry:

(a) Establish and maintain on the department’s Internet Web
site the registry of registered home care aides and home care aide
applicants.

(1) To expedite the ability of a consumer to search and locate
a registered home care aide or home care aide applicant, the
Internet Web site shall enable consumers to look up the registration
status by providing the registered home care aide’s or home care
aide applicant’s name, registration number, registration status, begin delete and end delete
registration expiration begin delete date. end delete begin insert date, and, if applicable, the home care
organization with which the affiliated home care aide is associated. end insert

(2) The Internet Web site shall not provide any additional,
individually identifiable information about a registered home care
aide or home care aide applicant. The department may request and
may maintain additional information for registered home care aides
or home care aide applicants, as necessary for the administration
of this chapter, which shall not be publicly available on the home
care aide registry.

(b) Update the home care registry upon receiving notification
from a home care organization that an affiliated home care aide is
no longer employed by the home care organization.

begin insert

begin insert SEC. 41. end insert   

end insert

begin insert Section 1796.31 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1796.31.  

(a) To remain on the home care aide registry, a
registered home care aide shall renew his or her registration every
two years.

(1) A registered home care aide’s registration shall expire every
two years, on the anniversary date of the initial registration date.
If the registration is not renewed on or prior to its expiration date,
the registration shall be forfeited pursuant to subdivision (b) of
Section 1796.26.

(2) To renew a registration, the registered home care aide shall,
on or before the registration expiration date, request renewal by
submitting to the department the registration renewal application
form and paying the begin insert nonrefundable end insert registration renewal application
fee in the amount determined by the department.

(b) Renewal of a registered home care aide’s registration is
conditioned on compliance with all of the following:

(1) Submitting a complete registration renewal application form
and payment of begin delete fees, end delete begin insert the nonrefundable renewal fee, end insert both of which
shall be postmarked on or before the expiration of the registration.

(2) Continuing to satisfy the requirements set forth in this
chapter.

(3) Cooperating with the department in the completion of the
renewal process. Failure of the registered home care aide to
cooperate shall result in the withdrawal of the registration renewal
application by the department. For purposes of this section, begin delete a failure end delete
begin insert “failure end insert to begin delete cooperate end delete begin insert cooperate” end insert means that the information
described in this chapter and in any rules and regulations
promulgated under this chapter has not been provided, or has not
been provided in the form requested by the department, or both.

begin insert

(c) (1) The department shall notify a registered home care aide
in writing of his or her registration expiration date and the process
of renewal.

end insert begin delete

(c) A revoked registered home care aide’s registration is subject

end delete

begin insert (2) end insert begin insert   end insert begin insert Written notification pursuant end insert to begin delete expiration as provided for
in end delete this begin delete section. If reinstatement of end delete begin insert subdivision shall be mailed to end insert
the registered home care aide’s begin delete registration is approved by the
department, the individual, as a condition precedent to
reinstatement, shall pay a fee in an amount equal to the renewal
fee accrued at end delete begin insert mailing address of record at least 60 days before end insert
the begin delete time of its revocation. end delete begin insert registration expiration date. end insert

begin insert

begin insert SEC. 42. end insert   

end insert

begin insert Section 1796.33 of the end insert begin insert Health and Safety Code end insert begin insert is
amended and renumbered to read: end insert

begin delete 1796.33. end delete
begin insert 1796.32. end insert   

Any individual who has submitted an application and
who possesses any one of the following identification cards may
initiate a background examination to be a licensed home care
organization:

(a) A valid California driver’s license.

(b) A valid identification card issued by the Department of
Motor Vehicles.

(c) A valid Alien Registration Card.

(d) In the case of a person living in a state other than California,
a valid numbered photo identification card issued by an agency of
the state other than California.

begin insert

begin insert SEC. 43. end insert   

end insert

begin insert Section 1796.34 of the end insert begin insert Health and Safety Code end insert begin insert is
amended and renumbered to read: end insert

begin delete 1796.34. end delete
begin insert 1796.33. end insert   

In order to obtain a home care organization license,
the following individual or individuals shall consent to the
background examination described in Section 1796.23:

(a) The owner begin delete or owners end delete of the home care organization, if the
begin delete owners are individuals. end delete begin insert owner is an individual. end insert

(b) If the owner of a home care organization is a corporation,
limited liability company, joint venture, association, or other entity,
an individual having a 10-percent or greater begin delete interest end delete begin insert ownership end insert in
that begin delete entity. end delete begin insert entity and the chief executive officer or other person
serving in a similar capacity. The department shall not issue a
provisional license or license to any corporate home care
organization applicant that has a member of the board of directors,
executive director, or officer who is not eligible for licensure
pursuant to Sections 1796.40 and 1796.41. end insert

begin insert

begin insert SEC. 44. end insert   

end insert

begin insert Section 1796.35 of the end insert begin insert Health and Safety Code end insert begin insert is
amended and renumbered to read: end insert

begin delete 1796.35. end delete
begin insert 1796.34. end insert   

(a) A person or a private or public organization, with
the exception of begin delete a county providing end delete begin insert any person who performs end insert
in-home supportive services begin insert through the In-Home Supportive
Services program end insert pursuant to Article 7 (commencing with Section
12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and
Institutions Code, begin insert or Section 14132.95, 14132.952, or 14132.956
of the Welfare end insert and begin insert Institutions Code, and end insert the exceptions provided
for in subdivision (b), shall not do any of the following, unless it
is licensed begin delete under end delete begin insert pursuant to end insert this chapter:

(1)  begin delete Represent end delete begin insert Own, manage, or represent end insert himself, herself or
itself to be a home care organization by name, advertising,
soliciting, or any other presentments to the public, or in the context
of services within the scope of this chapter, imply that he, she, or
it is licensed to provide those services or to make any reference to
employee bonding in relation to those services.

(2) Use the terms “home care organization,” “home care,”
“in-home care,” or any combination of those terms, within its
name.

(b) This section does not apply to either of the following:

(1)  begin delete A county providing end delete begin insert Any person who performs end insert in-home
supportive services begin insert through the In-Home Supportive Services
program end insert pursuant to Article 7 (commencing with Section 12300)
of Chapter 3 of Part 3 of Division 9 begin delete of end delete begin insert of, or Section 14132.95,
14132.952, or 14132.956 of, end insert the Welfare and Institutions Code.

(2) An employment agency, as defined in Section 1812.5095
of the Civil Code, that procures, offers, refers, provides, or attempts
to provide an begin delete affiliated end delete begin insert independent end insert home care aide who provides
home care to clients.

begin insert

begin insert SEC. 45. end insert   

end insert

begin insert Section 1796.36 of the end insert begin insert Health and Safety Code end insert begin insert is
amended and renumbered to read: end insert

begin delete 1796.36. end delete
begin insert 1796.35. end insert   

(a) Subject to the exceptions set forth in Section
1796.17, an individual, partnership, corporation, limited liability
company, joint venture, association, or other entity shall not arrange
for the provision of home care services by a registered home care
aide to a client in this state before obtaining a license pursuant to
this chapter. This shall be deemed “unlicensed home care services.”

(b) Upon discovering an individual or entity is in violation of
subdivision (a), the department shall send a written notice of
noncompliance to the individual or entity and assess a civil penalty
of nine hundred dollars ($900) per day for each calendar day of
each violation.

(c) Upon discovering that an individual or entity is in violation
of subdivision (a), the department shall send a copy of the written
notice of noncompliance to the individual or entity and to the
Attorney General or appropriate district attorney or city attorney.

(d) Upon receiving this notice, the Attorney General, district
attorney, or city attorney may do any or all of the following:

(1) Issue a cease and desist order, which shall remain in effect
until the individual or entity has obtained a license pursuant to this
chapter. If the individual or entity fails to comply with the cease
and desist order within 20 calendar days, the Attorney General,
district attorney, or city attorney may apply for an injunction.

begin delete end delete begin delete

(2) Impose the civil penalty described in subdivision (b).

end delete begin delete end delete begin delete

(3)

end delete

begin insert (2) end insert  Bring an action against the individual or entity under Chapter
5 (commencing with Section 17200) of Part 2 of Division 7 of the
Business and Professions Code.

begin insert

begin insert SEC. 46. end insert   

end insert

begin insert Section 1796.37 of the end insert begin insert Health and Safety Code end insert begin insert is
amended and renumbered to read: end insert

begin delete 1796.37. end delete
begin insert 1796.36. end insert   

(a) A home care organization that has its principal
place of business in another state, in addition to the other
requirements of this chapter, before arranging for home care
services provided by an affiliated home care aide to a client in the
state, shall comply with all of the following:

(1) Have an office in California.

(2) Maintain all pertinent records of the operation in California
at the California office. All records shall be available to review,
copy, audit, and inspect by the begin delete licensing agency. end delete begin insert department. end insert

(b) If the home care organization is a foreign corporation,
foreign limited liability company, foreign limited partnership,
foreign association, or a foreign limited liability partnership, as
defined in Sections 170, 171, 171.03, 171.05, and 16101 of the
Corporations Code, before arranging for home care services
provided by an affiliated home care aide to a client in the state,
the home care organization shall have an office in California and
shall comply with both of the following:

(1) Register with the Secretary of State to conduct intrastate
business in California.

(2) Maintain all pertinent records of the operation in California
at the California office. All records shall be available to review,
copy, audit, and inspect by the begin delete licensing agency. end delete begin insert department. end insert

begin insert

begin insert SEC. 47. end insert   

end insert

begin insert Section 1796.38 of the end insert begin insert Health and Safety Code end insert begin insert is
amended and renumbered to read: end insert

begin delete 1796.38. end delete
begin insert 1796.37. end insert   

begin insert (a) end insert begin insert   end insert begin insert end insert The department may issue a home care
organization license to begin delete an individual or other entity end delete begin insert a home care
organization applicant end insert that satisfies begin delete all of end delete the requirements set
forth in this chapter, including all of the following:

begin delete

(a)

end delete

begin insert (1) end insert  Files a begin insert complete end insert home care organization application,
including the fees required pursuant to Section 1796.49.

begin insert

(2) Submits proof of general and professional liability insurance
in the amount of at least one million dollars ($1,000,000) per
occurrence and three million dollars ($3,000,000) in the aggregate.

end insert begin insert

(3) Submits proof of a valid workers’ compensation policy
covering its affiliated home care aides. The proof shall consist of
the policy number, the effective and expiration dates of the policy,
and the name and address of the policy carrier.

end insert begin insert

(4) Submits proof of an employee dishonesty bond, including
third-party coverage, with a minimum limit of ten thousand dollars
($10,000). This proof shall be submitted at each subsequent
renewal.

end insert begin insert

(5) Provides the department, upon request, with a complete list
of its affiliated home care aides, and proof that each satisfies the
requirements of Sections 1796.43, 1796.44, and 1796.45.

end insert begin insert

(6) Passes a background examination, as required pursuant to
Section 1796.33.

end insert begin insert

(7) Completes a department orientation.

end insert begin insert

(8) Does not have any outstanding fees or civil penalties due to
the department.

end insert begin insert

(9) Discloses prior or present service as an administrator,
general partner, corporate officer or director of, or discloses that
he or she has held or holds a beneficial ownership of 10 percent
or more in, any of the following:

end insert begin insert

(A) A community care facility, as defined in Section 1502.

end insert begin insert

(B) A residential care facility, as defined in Section 1568.01.

end insert begin insert

(C) A residential care facility for the elderly, as defined in
Section 1569.2.

end insert begin insert

(D) A child day care facility, as defined in Section 1596.750.

end insert begin insert

(E) A day care center, as described in Chapter 3.5 (commencing
with Section 1596.90).

end insert begin insert

(F) A family day care home, as described in Chapter 3.6
(commencing with Section 1597.30).

end insert begin insert

(G) An employer-sponsored child care center, as described in
Chapter 3.65 (commencing with Section 1597.70).

end insert begin insert

(H) A home care organization licensed pursuant to this chapter.

end insert begin insert

(10) Discloses any revocation or other disciplinary action taken,
or in the process of being taken, against a license held or
previously held by the entities specified in paragraph (9).

end insert begin insert

(11) Provides evidence that every member of the board of
directors, if applicable, understands his or her legal duties and
obligations as a member of the board of directors and that the
home care organization’s operation is governed by laws and
regulations that are enforced by the department.

end insert begin insert

(12) Provides any other information as may be required by the
department for the proper administration and enforcement of this
chapter.

end insert begin insert

(13) Cooperates with the department in the completion of the
home care organization license application process. Failure of
the home care organization licensee to cooperate may result in
the withdrawal of the home care organization license application.
“Failure to cooperate” means that the information described in
this chapter and in any rules and regulations promulgated pursuant
to this chapter has not been provided, or not provided in the form
requested by the department, or both.

end insert begin insert

(b) A home care organization licensee shall renew the home
care organization license every two years. The department may
renew a home care organization license if the licensee satisfies
the requirements set forth in this chapter, including all of the
following:

end insert begin insert

(1) Files a complete home care organization license renewal
application, including the nonrefundable fees required pursuant
to Section 1796.49, both of which shall be postmarked on or before
the expiration of the license.

end insert begin delete

(b)

end delete

begin insert (2) end insert  Submits proof of general and professional liability insurance
in the amount of at least one million dollars ($1,000,000) per
occurrence and three million dollars ($3,000,000) in the aggregate.

begin delete

(c)

end delete

begin insert (3) end insert  Submits proof of a valid workers’ compensation policy
covering its affiliated home care aides. The proof shall consist of
the policy number, the effective and expiration dates of the policy,
and the name and address of the policy carrier.

begin delete

(d) Provides the department, upon request,

end delete

begin insert (4) end insert begin insert   end insert begin insert Submits proof of an employee dishonesty bond, including
third-party coverage, end insert with a begin delete complete list end delete begin insert minimum limit end insert of begin delete its
affiliated home care aides, and proof that each satisfies the
requirements of Section 1796.43. end delete begin insert ten thousand dollars ($10,000). end insert

begin insert

(5) Does not have any outstanding fees or civil penalties due to
the department.

end insert begin insert

(6) Provides any other information as may be required by the
department for the proper administration and enforcement of this
chapter.

end insert begin delete

(e) The owner or owners

end delete

begin insert (7) end insert begin insert   end insert begin insert Cooperates with the department in the completion end insert of the
home care organization begin delete pass a background examination, as required end delete
begin insert license renewal process. Failure of the home care organization
licensee to cooperate may result in the withdrawal of the home
care organization license renewal application. “Failure to
cooperate” means that the information described in this chapter
and in any rules and regulations promulgated end insert pursuant to begin delete Section
1796.34. end delete begin insert this chapter has not been provided, or not provided in
the form requested by the department, or both. end insert

begin insert

(c) (1) The department shall notify a licensed home care
organization in writing of its registration expiration date and the
process of renewal.

end insert begin delete

(f) The applicant does not have any outstanding fees or civil
penalities due to

end delete

begin insert (2) end insert begin insert   end insert begin insert Written notification pursuant to this subdivision shall be
mailed to end insert the begin delete department. end delete begin insert registered home care organization’s
mailing address of record at least 60 days before the registration
expiration date. end insert

begin insert

begin insert SEC. 48. end insert   

end insert

begin insert Section 1796.38 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 1796.38. end insert   

The department may deny an application for licensure
or suspend or revoke any license issued pursuant to this chapter,
pursuant to Sections 1550.5 and 1551 and in the manner provided
in this chapter on any of the following grounds:

(a) Violation by the licensee 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 receiving home care services 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) Engaging in acts of financial malfeasance concerning the
operation of a home care organization.

end insert

begin insert

begin insert SEC. 49. end insert   

end insert

begin insert Section 1796.39 of the end insert begin insert Health and Safety Code end insert begin insert is
repealed. end insert

begin delete

1796.39.  

(a) A home care organization licensee shall renew
the home care organization license every two years.

(b) Renewal shall be conditioned upon the licensee doing both
of the following:

(1) Submitting a complete home care organization licensee
renewal application form and payment of fees, both of which shall
be postmarked on or before the expiration of the license.

(2) Continuing to satisfy the requirements set forth in this
chapter, and cooperating with the department in the completion
of the home care organization licenses renewal process.

(c) Failure of the home care organization licensee to cooperate
may result in the withdrawal of the home care organization license
renewal application. “Failure to cooperate” means that the
information described in this chapter and in any rules and
regulations promulgated under this chapter has not been provided,
or not provided in the form requested by the department, or both.

end delete

begin insert

begin insert SEC. 50. end insert   

end insert

begin insert Section 1796.40 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 1796.40. end insert   

(a) (1) If an application for a home care organization
license indicates, or the department determines during the
application review process, that the home care organization
applicant was previously issued a license under this chapter or
under Chapter 1 (commencing with Section 1200), Chapter 2
(commencing with Section 1250), Chapter 3 (commencing with
Section 1500), 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), Chapter 3.6 (commencing with Section
1597.30), or Chapter 3.65 (commencing with Section 1597.70),
and the prior license was revoked within the preceding two years,
the department shall cease any further review of the application
until two years have elapsed from the date of the revocation. All
home care organizations are exempt from the health planning
requirements contained in Part 2 (commencing with Section
127125) of Division 107.

(2) If an application for a license indicates, or the department
determines during the application review process, that the home
care organization applicant previously was issued a certificate of
approval by a foster family agency that was revoked by the
department pursuant to subdivision (b) of Section 1534 within the
preceding two years, the department shall cease any further review
of the application until two years have elapsed from the date of
the revocation.

(3) If an application for a license indicates, or the department
determines during the application review process, that the home
care organization applicant was excluded from a facility licensed
by the department pursuant to Section 1558, 1568.092, 1569.58,
or 1596.8897, the department shall cease any further review of
the application unless the excluded individual has been reinstated
pursuant to Section 11522 of the Government Code by the
department.

(b) If an application for a license indicates, or the department
determines during the application review process, that the home
care organization applicant had previously applied for a license
pursuant to any of the chapters listed in paragraph (1) of
subdivision (a) and the application was denied within the last year,
the department shall cease further review of the application until
one year has elapsed from the date of the denial letter. In those
circumstances in which denials are appealed and upheld at an
administrative hearing, review of the application shall cease for
one year from the date of the decision and order of the department.

(c) If an application for a license indicates, or the department
determines during the application review process, that the home
care organization applicant 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 cease further
review of the application as follows:

(1) In cases where the home care organization applicant
petitioned for a hearing, the department shall cease further review
of the application until one year has elapsed from the effective
date of the decision and order of the department upholding the
denial.

(2) In cases where the department informed the home care
organization applicant of his or her right to petition for a hearing
and the home care organization applicant did not petition for a
hearing, the department shall cease further review of the
application until one year has elapsed from the date of the
notification of the denial and the right to petition for a hearing.

(3) The department may continue to review the application if it
has determined that the reasons for the denial of the application
were due to circumstances and conditions that either have been
corrected or are no longer in existence.

(d) Cessation of review pursuant to this section does not
constitute a denial of the application.

end insert

begin insert

begin insert SEC. 51. end insert   

end insert

begin insert Section 1796.41 of the end insert begin insert Health and Safety Code end insert begin insert is
amended and renumbered to read: end insert

begin delete 1796.41. end delete
begin insert 1796.42. end insert   

A home care organization licensee shall do all of the
following:

(a) Post its begin delete license end delete begin insert license, business hours, end insert and begin delete business hours end delete
begin insert any other information required by the department end insert in its place of
business in a conspicuous location, visible both to clients and
affiliated home care aides.

(b) Maintain and abide by a valid workers’ compensation policy
covering its affiliated home care aides.

(c) Maintain and abide by an employee dishonesty bond,
including third-party coverage, with a minimum limit of ten
thousand dollars ($10,000).

begin insert

(d) Maintain proof of general and professional liability
insurance in the amount of at least one million dollars ($1,000,000)
per occurrence and three million dollars ($3,000,000) in the
aggregate.

end insert begin delete

(d)

end delete

begin insert (e) end insert  Report any suspected or known begin insert dependent end insert adult begin insert or elder end insert
abuse as required by Section 15630 of the Welfare and Institutions
Code and suspected or known child abuse as required by Sections
11164 to 11174.3, inclusive, of the Penal Code. A copy of each
suspected abuse report shall be maintained and available for review
by the department during normal business hours.

begin insert

begin insert SEC. 52. end insert   

end insert

begin insert Section 1796.41 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 1796.41. end insert   

(a) (1) If the department determines that a person
was issued a license pursuant to this chapter or Chapter 1
(commencing with Section 1200), Chapter 2 (commencing with
Section 1250), Chapter 3 (commencing with Section 1500), 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),
Chapter 3.6 (commencing with Section 1597.30), or Chapter 3.65
(commencing with Section 1597.70), and the prior license was
revoked within the preceding two years, the department shall
exclude the person from acting as, and require the home care
organization to remove him or her from his or her position as, a
member of the board of directors, an executive director, or an
officer of a licensee of any home care organizations licensed by
the department pursuant to this chapter.

(2) If the department determines that a person was previously
issued a certificate of approval by a foster family agency that was
revoked by the department pursuant to subdivision (b) of Section
1534 within the preceding two years, the department shall exclude
the person from acting as, and require the home care organization
to remove him or her from his or her position as, a member of the
board of directors, an executive director, or an officer of a licensee
of, any home care organizations 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 acting as,
and require the home care organization to remove him or her from
his or her position as, a member of the board of directors, an
executive director, or an officer of a licensee of any home care
organizations licensed by the department pursuant to this chapter
as follows:

(1) In cases where the home care organization applicant
petitioned for a hearing, the department shall exclude the person
from acting as, and require the home care organization to remove
him or her from his or her position as, a member of the board of
directors, an executive director, or an officer of a licensee of, any
home care organizations 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 home care
organization applicant of his or her right to petition for a hearing
and the home care organization applicant did not petition for a
hearing, the department shall exclude the person from acting as,
and require the home care organization to remove him or her from
his or her position as, a member of the board of directors, an
executive director, or an officer of a licensee of, any home care
organizations 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 acting as, and require
the home care organization to remove him or her from his or her
position as, a member of the board of directors, an executive
director, or an officer of a licensee of, any home care organizations
licensed by the department pursuant to this chapter and as follows:

(1) In cases where the home care organization applicant
petitioned for a hearing, the department shall exclude the person
from acting as, and require the home care organization to remove
him or her from his or her position as, a member of the board of
directors, an executive director, or an officer of a licensee of, any
home care organizations 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 home care
organization applicant of his or her right to petition for a hearing
and the home care organization applicant did not petition for a
hearing, the department shall exclude the person from acting as,
and require the home care organization to remove him or her from
his or her position as, a member of the board of directors, an
executive director, or an officer of a licensee of, any home care
organizations 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 1796.25 or any other law.

(e) The department may determine not to exclude a person from
acting as or require that he or she be removed from his or her
position as a member of the board of directors, an executive
director, or an officer of a licensee of, any home care organizations
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.

end insert

begin insert

begin insert SEC. 53. end insert   

end insert

begin insert Section 1796.42 of the end insert begin insert Health and Safety Code end insert begin insert is
amended and renumbered to read: end insert

begin delete 1796.42. end delete
begin insert 1796.43. end insert   

(a) Home care organizations that employ affiliated
home care aides shall ensure the affiliated home care aides are
cleared on the home care aide registry before placing the individual
in direct contact with clients. In addition, the home care
organization shall do all of the following:

(1) Ensure any staff person, volunteer, or employee of a home
care organization who has contact with clients, prospective clients,
or confidential client information that may pose a risk to the clients’
health and safety has met the requirements of begin delete Section 1796.23 end delete
begin insert Sections 1796.23, 1796.24, 1796.25, 1796.26, and 1796.28 end insert before
begin delete being hired. end delete begin insert there is contact with clients or prospective clients or
access to confidential client information. end insert

(2) Require home care aides to demonstrate that they are free
of active tuberculosis disease, pursuant to Section 1796.45.

(3) Immediately notify the department when the home care
organization no longer employs an individual as an affiliated home
care aide.

(b) This section shall not prevent a licensee from requiring a
criminal record clearance of any individual exempt from the
requirements of this section, provided that the individual has client
contact.

begin insert

begin insert SEC. 54. end insert   

end insert

begin insert Section 1796.44 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1796.44.  

(a) A begin delete home care organization end delete licensee shall ensure
that prior to providing home care services, an affiliated home care
aide shall complete the training requirements specified in this
section.

(b) An affiliated home care aide shall complete a minimum of
five hours of entry-level training prior to presence with a client,
as follows:

(1) Two hours of orientation training regarding his or her role
as caregiver and the applicable terms of employment.

(2) Three hours of safety training, including basic safety
precautions, emergency procedures, and infection control.

(c) In addition to the requirements in subdivision (b), an
affiliated home care aide shall complete a minimum of five hours
of annual training. The annual training shall relate to core
competencies and be population specific, which shall include, but
not be limited to, the following areas:

(1) Clients’ rights and safety.

(2) How to provide for and respond to a client’s daily living
needs.

(3) How to report, prevent, and detect abuse and neglect.

(4) How to assist a client with personal hygiene and other home
care services.

(5) If transportation services are provided, how to safely
transport a client.

(d) The entry-level training and annual training begin delete on
department-approved job-related topics end delete described in subdivisions
(b) and (c) may be completed through an online training program.

begin insert

begin insert SEC. 55. end insert   

end insert

begin insert Section 1796.45 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1796.45.  

(a)  begin delete An individual hired to be an affiliated end delete begin insert Affiliated end insert
home care begin delete aide end delete begin insert aides hired end insert on or after January 1, begin delete 2015, end delete begin insert 2016, end insert shall
begin delete be submitted end delete begin insert submit end insert to an examination 90 days prior to employment
or within seven days after employment to determine that the
individual is free of active tuberculosis disease.

(b) For purposes of this section, “examination” means a test for
tuberculosis infection that is recommended by the federal Centers
for Disease Control and Prevention (CDC) and that is licensed by
the federal Food and Drug Administration (FDA) and, if that test
is positive, an X-ray of the lungs. The aide shall not work as an
affiliated home care aide unless begin delete he or she end delete begin insert the licensee end insert obtains
documentation from a licensed medical professional that there is
no risk of spreading the disease.

begin delete end delete begin delete

(c) An affiliated home care aide whose employment with a home
care organization began before January 1, 2015, shall submit to
the examination described in subdivision (a) before July 1, 2015.

end delete begin delete end delete begin delete

(d)

end delete

begin insert (c) end insert  After submitting to an examination, an affiliated home care
aide whose test for tuberculosis infection is negative shall be
required to undergo an examination at least once every two years.
Once an affiliated home care aide has a documented positive test
for tuberculosis infection that has been followed by an X-ray, the
examination is no longer required.

begin delete

(e)

end delete

begin insert (d) end insert  After begin delete the end delete begin insert each end insert examination, an affiliated home care aide
shall submit, and the home care organization shall keep on file, a
certificate from the examining practitioner showing that the
affiliated home care aide was examined and found free from active
tuberculosis disease.

begin delete

(f)

end delete

begin insert (e) end insert  The examination is a condition of initial and continuing
employment with the home care organization. begin delete The affiliated home
care aide shall pay the cost of the examination. end delete

begin delete

(g)

end delete

begin insert (f) end insert  An affiliated home care aide who transfers employment from
one home care organization to another shall be deemed to meet
the requirements of subdivision (a) or (c) if the affiliated home
care aide can produce a certificate showing that he or she submitted
to the examination within the past two years and was found to be
free of active tuberculosis disease, or if it is verified by the home
care organization previously employing him or her that it has a
certificate on file that contains that begin delete showing. end delete begin insert showing and a copy
of the certificate is provided to the new home care organization
prior to the affiliated home care aide beginning employment. end insert

begin insert

begin insert SEC. 56. end insert   

end insert

begin insert Section 1796.47 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1796.47.  

(a) (1) Administration of this program shall be fully
supported by fees and not civil penalties. Initial costs to implement
this chapter may be provided through a General Fund loan that is
to be repaid in accordance with a schedule provided by the
Department of Finance. The department shall assess fees for home
care organization licensure, and home care aide registration related
to activities authorized by this chapter. The department may adjust
fees as necessary to fully support the administration of this chapter.
Except for General Fund moneys that are otherwise transferred or
appropriated for the initial costs of administering this chapter, or
penalties collected pursuant to this chapter that are appropriated
by the Legislature for the purposes of this chapter, no General
Fund moneys shall be used for any purpose under this chapter.

(2) A portion of moneys collected in the administration of this
chapter, as designated by the department, may be used for
community outreach consistent with this chapter.

(b) The Home Care Fund is hereby created within the State
Treasury for the purpose of this chapter. All licensure and
registration fees authorized by this chapter shall be deposited into
the Home Care begin delete Fund. end delete begin insert Fund, except the fingerprint fees collected
pursuant to Section 1796.23, which shall be deposited into the
Fingerprint Fees Account. end insert Moneys in this fund shall, upon
appropriation by the Legislature, be made available to the
department for purposes of administering this chapter.

begin insert

(c) Any fines and penalties collected pursuant to this chapter
shall be deposited into the Home Care Technical Assistance Fund,
which is hereby created as a subaccount within the Home Care
Fund. Moneys in the Home Care Technical Assistance Fund shall,
upon appropriation by the Legislature, be available to the
department for the purposes of providing technical assistance,
training, and education pursuant to this chapter.

end insert

begin insert

begin insert SEC. 57. end insert   

end insert

begin insert Section 1796.48 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1796.48.  

(a) The department may charge begin delete an end delete begin insert a nonrefundable end insert
application and begin insert nonrefundable end insert renewal fee to become a registered
home care aide and to renew a registered home care aide’s
registration.

(b) The maximum fee shall not exceed the total actual costs,
which include, but are not limited to, of all of the following:

(1) The searches for criminal offender records performed by
the Department of Justice. begin delete The cost to check the criminal offender
records shall not subsidize the cost to check the criminal history
of other persons by the department who are not charged a fee by
the Department of Justice. end delete

(2) The cost incurred by the Department of Justice for the
searches of the records of the Federal Bureau of Investigation.

(3) The cost to the department to process the applications and
maintain the home care aide registry and perform the duties
required by this chapter and any rules and regulations promulgated
begin delete under end delete begin insert pursuant to end insert this chapter.

(c) The fees collected shall be deposited into the Home Care
Fund pursuant to subdivision (b) of Section begin delete 1796.47. end delete begin insert 1796.47,
except the fingerprint fees collected pursuant to Section 1796.23,
which shall be deposited into the Fingerprint Fees Account. end insert

begin insert

begin insert SEC. 58. end insert   

end insert

begin insert Section 1796.49 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1796.49.  

(a) A begin delete home care organization end delete licensee shall pay the
following fees:

(1) A begin insert nonrefundable end insert 24-month initial license fee, as prescribed
by the department, for a begin delete new home care organization end delete licensee not
currently licensed to provide home care services in the state.

(2)  begin delete Two-year end delete begin insert A two-year nonrefundable end insert renewal fee, as
determined by the department, based on the number of full-time
equivalents (FTEs), including paid personnel or contractors needed
to oversee the enforcement of this chapter.

(3) Other reasonable fees as prescribed by the department
necessary for the administration of this chapter.

(b) The fees collected shall be deposited into the Home Care
Fund pursuant to subdivision (b) of Section begin delete 1796.47. end delete begin insert 1796.47,
except the fingerprint fees collected pursuant to Section 1796.23,
which shall be deposited into the Fingerprint Fees Account. end insert

begin insert

begin insert SEC. 59. end insert   

end insert

begin insert Section 1796.52 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1796.52.  

(a) The department may review and, if it determines
necessary, investigate complaints filed against home care
organizations regarding violations of this chapter or any rules or
regulations promulgated begin delete under end delete begin insert pursuant to end insert this chapter.

(b) The department shall verify through random, unannounced
inspections that a home care organization meets the requirements
of this chapter and the rules and regulations promulgated begin delete under end delete
begin insert pursuant to end insert this chapter.

(c) An investigation or inspection conducted by the department
pursuant to this chapter may include, but is not limited to,
inspection of the books, records, or premises of a home care
organization. A home care organization’s refusal to make records,
books, or premises available shall constitute cause for the
revocation of the home care organization’s license.

(d) Other than maintaining the home care registry, the
department shall have no oversight responsibility regarding
registered home care aides.

begin insert

(e) Upon receipt of a report of suspected or known abuse, as
set forth in subdivision (e) of Section 1796.42, the department shall
cross-report the suspected or known abuse to local law
enforcement and Adult Protective Services if the alleged victim is
18 years of age or older, or local law enforcement and Child
Protective Services if the alleged victim is under 18 years of age.
Other than the cross-reporting required by this subdivision, the
department shall not be required to investigate suspected or known
abuse or have other responsibilities related to the suspected or
known abuse. This subdivision shall not supersede the existing
duty of home health aides and home health agencies as mandated
reporters to report directly to local law enforcement or county
adult protective services pursuant to Section 15630.

end insert

begin insert

begin insert SEC. 60. end insert   

end insert

begin insert Section 1796.55 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1796.55.  

(a) A home care organization that operates in
violation of any requirement or obligation imposed by this chapter
or any rule or regulation promulgated begin delete under end delete begin insert pursuant to end insert this chapter
may be subject to the fines levied or licensure action taken by the
department as specified in this chapter.

(b) When the department determines that a home care
organization is in violation of this chapter or any rules or
regulations promulgated begin delete under end delete begin insert pursuant to end insert this chapter, a notice
of violation shall be served upon the licensee. Each notice of
violation shall be prepared in writing and shall specify the nature
of the violation and the statutory provision, rule, or regulation
alleged to have been violated. The notice shall inform the licensee
of any action the department may take begin delete under end delete begin insert pursuant to end insert this
chapter, including the requirement of a plan of correction,
assessment of a penalty, or action to suspend, revoke, or deny
renewal of the license. The director or his or her designee shall
also inform the licensee of rights to a hearing begin delete under end delete begin insert pursuant to end insert
this chapter.

(c) The department may impose a fine of up to nine hundred
dollars ($900) per violation per day commencing on the date the
violation was identified and ending on the date each violation is
begin delete corrected, or action is taken to suspend, revoke, or deny renewal
of the license, whichever comes first. end delete begin insert corrected. end insert

(d) The department shall adopt regulations establishing
procedures for notices, correction plans, appeals, and hearings.

begin insert

begin insert SEC. 61. end insert   

end insert

begin insert Section 1796.56 of the end insert begin insert Health and Safety Code end insert begin insert is
repealed. end insert

begin delete

1796.56.  

Any fines and penalties collected pursuant to this
chapter shall be deposited into the Home Care Penalties
Subaccount, which is hereby created within the Home Care Fund
created pursuant to Section 1796.47. Moneys in this account shall,
upon appropriation by the Legislature, be made available to the
department for purposes of enforcing this chapter.

end delete

begin insert

begin insert SEC. 62. end insert   

end insert

begin insert Section 1796.61 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1796.61.  

begin insert (a) end insert begin insert   end insert begin insert end insert This chapter shall begin delete become operative end delete begin insert be
implemented end insert on January 1, begin delete 2015. end delete begin insert 2016. end insert

begin insert

(b) Home care organization applicants and home care aide
applicants who submit applications prior to January 1, 2016, shall
be authorized to provide home care services without meeting the
requirements of Section 1796.45, provided the requirements of
that section are met no later than July 1, 2016.

end insert begin insert

(c) The applicants described in subdivision (b) shall meet all
the requirements of this chapter no later than July 1, 2016, in order
to continue to provide home care services.

end insert

begin insert

begin insert SEC. 63. end insert   

end insert

begin insert Section 1796.63 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1796.63.  

begin insert (a) end insert begin insert   end insert The department shall adopt, amend, or repeal,
in accordance with Chapter 3.5 (commencing with Section 11340)
of the Government Code, any reasonable rules, regulations, and
standards as may be necessary or proper to carry out the purpose
and intent of this chapter and to enable the department to exercise
the powers and perform the duties conferred upon it by this chapter,
not inconsistent with any of the provisions of any statute of this
state. Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code), the department may implement and administer this chapter
through written directives, without taking regulatory action, subject
to the limitations provided in subdivision (b).

begin delete

(a) The department shall post any proposed rules promulgated
under this section on its public Internet Web site no earlier than
10 calendar days prior to the effective date of the proposed rule,
which shall also include notification to the public regarding how
members of the public may comment, including the date on which
those comment must be received in order to be considered by the
department.

end delete

(b) The department’s authority to implement and administer
this begin delete section end delete begin insert chapter end insert through written directives shall expire no later
than begin delete 12 months after the written directives are promulgated and
posted on a public Internet Web site, end delete begin insert January 1, 2018, end insert or upon the
effective date of regulations promulgated in accordance with the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code), whichever occurs sooner.

begin insert

(c) The department may adopt emergency regulations to
implement and administer the provisions of this chapter. The
department may readopt any emergency regulations that are the
same as, or substantially equivalent to, any emergency regulations
previously adopted. The initial adoption and readoption of
emergency regulations for the implementation and administration
of this chapter pursuant to this subdivision shall be deemed to be
an emergency and necessary for the immediate preservation of
the public peace, health, safety, or general welfare. The initial and
readopted emergency regulations shall be exempt from review by
the Office of Administrative Law. The initial and readopted
emergency regulations shall be submitted to the Office of
Administrative Law for filing with the Secretary of State and each
adoption or readoption shall remain in effect for no more than
180 days.

end insert

begin insert

begin insert SEC. 64. end insert   

end insert

begin insert Section 300 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

300.  

Any child who comes within any of the following
descriptions is within the jurisdiction of the juvenile court which
may adjudge that person to be a dependent child of the court:

(a) The child has suffered, or there is a substantial risk that the
child will suffer, serious physical harm inflicted nonaccidentally
upon the child by the child’s parent or guardian. For the purposes
of this subdivision, a court may find there is a substantial risk of
serious future injury based on the manner in which a less serious
injury was inflicted, a history of repeated inflictions of injuries on
the child or the child’s siblings, or a combination of these and other
actions by the parent or guardian which indicate the child is at risk
of serious physical harm. For purposes of this subdivision, “serious
physical harm” does not include reasonable and age-appropriate
spanking to the buttocks where there is no evidence of serious
physical injury.

(b)  begin insert (1) end insert begin insert   end insert begin insert end insert The child has suffered, or there is a substantial risk
that the child will suffer, serious physical harm or illness, as a
result of the failure or inability of his or her parent or guardian to
adequately supervise or protect the child, or the willful or negligent
failure of the child’s parent or guardian to adequately supervise
or protect the child from the conduct of the custodian with whom
the child has been left, or by the willful or negligent failure of the
parent or guardian to provide the child with adequate food,
clothing, shelter, or medical treatment, or by the inability of the
parent or guardian to provide regular care for the child due to the
parent’s or guardian’s mental illness, developmental disability, or
substance abuse. No child shall be found to be a person described
by this subdivision solely due to the lack of an emergency shelter
for the family. Whenever it is alleged that a child comes within
the jurisdiction of the court on the basis of the parent’s or
guardian’s willful failure to provide adequate medical treatment
or specific decision to provide spiritual treatment through prayer,
the court shall give deference to the parent’s or guardian’s medical
treatment, nontreatment, or spiritual treatment through prayer alone
in accordance with the tenets and practices of a recognized church
or religious denomination, by an accredited practitioner thereof,
and shall not assume jurisdiction unless necessary to protect the
child from suffering serious physical harm or illness. In making
its determination, the court shall consider (1) the nature of the
treatment proposed by the parent or guardian, (2) the risks to the
child posed by the course of treatment or nontreatment proposed
by the parent or guardian, (3) the risk, if any, of the course of
treatment being proposed by the petitioning agency, and (4) the
likely success of the courses of treatment or nontreatment proposed
by the parent or guardian and agency. The child shall continue to
be a dependent child pursuant to this subdivision only so long as
is necessary to protect the child from risk of suffering serious
physical harm or illness.

begin insert

(2) The Legislature finds and declares that a child who is
sexually trafficked, as described in Section 236.1 of the Penal
Code, or who receives food or shelter in exchange for, or who is
paid to perform, sexual acts described in Section 236.1 or 11165.1
of the Penal Code, and whose parent or guardian failed to, or was
unable to, protect the child, is within the description of this
subdivision, and that this finding is declaratory of existing law.
These children shall be known as commercially sexually exploited
children.

end insert

(c) The child is suffering serious emotional damage, or is at
substantial risk of suffering serious emotional damage, evidenced
by severe anxiety, depression, withdrawal, or untoward aggressive
behavior toward self or others, as a result of the conduct of the
parent or guardian or who has no parent or guardian capable of
providing appropriate care. No child shall be found to be a person
described by this subdivision if the willful failure of the parent or
guardian to provide adequate mental health treatment is based on
a sincerely held religious belief and if a less intrusive judicial
intervention is available.

(d) The child has been sexually abused, or there is a substantial
risk that the child will be sexually abused, as defined in Section
11165.1 of the Penal Code, by his or her parent or guardian or a
member of his or her household, or the parent or guardian has
failed to adequately protect the child from sexual abuse when the
parent or guardian knew or reasonably should have known that
the child was in danger of sexual abuse.

(e) The child is under the age of five years and has suffered
severe physical abuse by a parent, or by any person known by the
parent, if the parent knew or reasonably should have known that
the person was physically abusing the child. For the purposes of
this subdivision, “severe physical abuse” means any of the
following: any single act of abuse which causes physical trauma
of sufficient severity that, if left untreated, would cause permanent
physical disfigurement, permanent physical disability, or death;
any single act of sexual abuse which causes significant bleeding,
deep bruising, or significant external or internal swelling; or more
than one act of physical abuse, each of which causes bleeding,
deep bruising, significant external or internal swelling, bone
fracture, or unconsciousness; or the willful, prolonged failure to
provide adequate food. A child may not be removed from the
physical custody of his or her parent or guardian on the basis of a
finding of severe physical abuse unless the social worker has made
an allegation of severe physical abuse pursuant to Section 332.

(f) The child’s parent or guardian caused the death of another
child through abuse or neglect.

(g) The child has been left without any provision for support;
physical custody of the child has been voluntarily surrendered
pursuant to Section 1255.7 of the Health and Safety Code and the
child has not been reclaimed within the 14-day period specified
in subdivision (e) of that section; the child’s parent has been
incarcerated or institutionalized and cannot arrange for the care of
the child; or a relative or other adult custodian with whom the child
resides or has been left is unwilling or unable to provide care or
support for the child, the whereabouts of the parent are unknown,
and reasonable efforts to locate the parent have been unsuccessful.

(h) The child has been freed for adoption by one or both parents
for 12 months by either relinquishment or termination of parental
rights or an adoption petition has not been granted.

(i) The child has been subjected to an act or acts of cruelty by
the parent or guardian or a member of his or her household, or the
parent or guardian has failed to adequately protect the child from
an act or acts of cruelty when the parent or guardian knew or
reasonably should have known that the child was in danger of
being subjected to an act or acts of cruelty.

(j) The child’s sibling has been abused or neglected, as defined
in subdivision (a), (b), (d), (e), or (i), and there is a substantial risk
that the child will be abused or neglected, as defined in those
subdivisions. The court shall consider the circumstances
surrounding the abuse or neglect of the sibling, the age and gender
of each child, the nature of the abuse or neglect of the sibling, the
mental condition of the parent or guardian, and any other factors
the court considers probative in determining whether there is a
substantial risk to the child.

It is the intent of the Legislature that nothing in this section
disrupt the family unnecessarily or intrude inappropriately into
family life, prohibit the use of reasonable methods of parental
discipline, or prescribe a particular method of parenting. Further,
nothing in this section is intended to limit the offering of voluntary
services to those families in need of assistance but who do not
come within the descriptions of this section. To the extent that
savings accrue to the state from child welfare services funding
obtained as a result of the enactment of the act that enacted this
section, those savings shall be used to promote services which
support family maintenance and family reunification plans, such
as client transportation, out-of-home respite care, parenting
training, and the provision of temporary or emergency in-home
caretakers and persons teaching and demonstrating homemaking
skills. The Legislature further declares that a physical disability,
such as blindness or deafness, is no bar to the raising of happy and
well-adjusted children and that a court’s determination pursuant
to this section shall center upon whether a parent’s disability
prevents him or her from exercising care and control. The
Legislature further declares that a child whose parent has been
adjudged a dependent child of the court pursuant to this section
shall not be considered to be at risk of abuse or neglect solely
because of the age, dependent status, or foster care status of the
parent.

As used in this section, “guardian” means the legal guardian of
the child.

begin insert

begin insert SEC. 65. end insert   

end insert

begin insert Section 10104 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

10104.  

begin insert (a) end insert begin insert   end insert It is the intent of the Legislature to ensure that the
impacts of the 2011 realignment of child welfare services, foster
care, adoptions, and adult protective services programs are
identified and begin delete evaluated, end delete begin insert evaluated end insert initially and over time. It is
further the intent of the Legislature to ensure that information
regarding these impacts is publicly available and accessible and
can be utilized to support the state’s and counties’ effectiveness
in delivering these critical services and supports.

begin delete

(a)

end delete

begin insert (b) end insert  The State Department of Social Services shall annually
report to the appropriate fiscal and policy committees of the
Legislature, and publicly post on the department’s Internet Web
begin delete site, end delete begin insert site end insert a summary of outcome and expenditure data that allows
for monitoring of changes over time.

begin delete

(b)

end delete

begin insert (c) end insert  The report shall be submitted and posted by April 15 of each
year and shall contain expenditures for each county for the
programs described in clauses (i) to (vii), inclusive, of
subparagraph (A) of begin delete paragraph (9) end delete begin insert paragraph(16) end insert of subdivision
(f) of Section 30025 of the Government Code. begin insert To the extent that
the information is readily or publicly available, the report shall
also contain the amount of funds each county receives from the
Protective Services Growth Special Account created pursuant to
Section 30025 of the Government Code, child welfare services
social worker caseloads per county, and the number of authorized
positions in the local child welfare services agency. end insert

begin delete

(c)

end delete

begin insert (d) end insert  The department shall consult with legislative staff and with
stakeholders to develop a reporting format consistent with the
Legislature’s desired level of outcome and expenditure reporting
detail.

begin insert

begin insert SEC. 66. end insert   

end insert

begin insert Section 10553.11 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

10553.11.  

(a) Effective July 1, 2011, notwithstanding any
other begin delete provision of end delete law or regulation, a tribe, consortium of tribes,
or a tribal organization that is operating a program pursuant to an
agreement with the department under Section 10553.1, shall be
responsible for the following share of costs:

(1) For the adequate care of each child receiving AFDC-FC as
identified in subdivision (d) of Section 11450, the tribal share shall
be 60 percent of the nonfederal share. For nonfederally eligible
costs, the tribal share shall be 60 percent of the costs.

(2) For administrative costs of administering the AFDC-FC
program, the tribal share shall be 30 percent of the nonfederal
share. For nonfederally eligible administrative costs, the tribal
share shall be 30 percent of the costs.

(3) For the provision of child welfare services pursuant to
Section 10101, the tribal share shall be 30 percent of the nonfederal
share. For nonfederally eligible costs, the tribal share shall be 30
percent of the costs.

(4) For the provision of Title XIX child welfare services, the
tribal share shall be 30 percent of the nonfederal costs. For services
delivered by skilled professional medical personnel, reimbursement
may be claimed under Title XIX at an enhanced rate and the tribal
share shall be 30 percent of the nonfederal share.

(5) For wraparound services approved by the department for
children described in Section 18250, the tribal share shall be 60
percent of the costs.

(6) For the support and care of hard-to-place adoptive children,
the tribal share shall be 25 percent of the nonfederal share of the
amount specified in Section 16121. For nonfederally eligible
children, the tribal share shall be 25 percent of the costs.

(7) For monthly visitation of children placed in group homes,
there shall be no tribal share.

(8) For the support and care of former dependent children who
have been made wards of related guardians, the tribal share shall
be 21 percent of the nonfederal share. For nonfederally eligible
children, the tribal share shall be 21 percent of the costs. There
shall be no tribal share for federally eligible administrative costs.
For nonfederally eligible administrative costs, the tribal share shall
be 50 percent.

(9) For the cost of extending aid pursuant to Section 11403 to
eligible nonminor dependents who have reached 18 years of age
and who are under the jurisdiction of the tribal program, the tribal
share shall be 21 percent of the nonfederal share.

begin insert

(b) Notwithstanding subdivision (a), commencing July 1, 2014,
a tribe, consortium of tribes, or a tribal organization, that is
operating a program pursuant to an agreement with the department
under Section 10553.1, shall be responsible for the share of costs,
as follows:

end insert begin insert

(1) For the adequate care of each child receiving AFDC-FC as
identified in subdivision (d) of Section 11450, there shall be no
tribal share of costs of the nonfederal share with an enhanced
federal medical assistance percentage of 80 percent or higher. If
the federal medical assistance percentage is below 80 percent, the
tribal share of cost shall be 60 percent of the nonfederal share.
For nonfederally eligible costs, there shall be no tribal share unless
the federal medical assistance percentage for federally eligible
cases is below 80 percent, in which case the tribal share for
nonfederally eligible costs shall be 60 percent.

end insert begin insert

(2) For administrative costs of administering the AFDC-FC
program, the tribal share shall be 30 percent of the nonfederal
share. For nonfederally eligible administrative costs, the tribal
share shall be 30 percent of the costs.

end insert begin insert

(3) For the provision of child welfare services pursuant to
Section 10101, the tribal share shall be 30 percent of the
nonfederal share. For nonfederally eligible costs, the tribal share
shall be 30 percent of the costs.

end insert begin insert

(4) For the provision of child welfare services under Title XIX
of the federal Social Security Act, the tribal share shall be 30
percent of the nonfederal share. For services delivered by skilled
professional medical personnel, reimbursement may be claimed
under Title XIX of the federal Social Security Act at an enhanced
rate and the tribal share shall be 30 percent of the nonfederal
share.

end insert begin insert

(5) For wraparound services approved by the department for
children described in Section 18250, there shall be no tribal share
of the costs with an enhanced federal medical assistance
percentage of 80 percent or higher. If the federal medical
assistance percentage is below 80 percent, the tribal share of cost
shall be 60 percent of the nonfederal share.

end insert begin insert

(6) For the support and care of hard-to-place adoptive children,
there shall be no tribal share of cost of the nonfederal share of the
amount specified in Section 16121 with an enhanced federal
medical assistance percentage of 62.5 percent or higher. If the
federal medical assistance percentage is below 62.5 percent, the
tribal share of cost shall be 25 percent of the nonfederal share.
For nonfederally eligible costs, there shall be no tribal share unless
the federal medical assistance percentage for federally eligible
cases is below 62.5 percent, in which case the tribal share for
nonfederally eligible costs shall be 25 percent.

end insert begin insert

(7) For monthly visitation of children placed in group homes,
there shall be no tribal share.

end insert begin insert

(8) For the support and care of former dependent children who
have been made wards of related guardians, there shall be no
tribal share of cost of the nonfederal share with an enhanced
federal medical assistance percentage of 60.5 percent or higher.
If the federal medical assistance percentage is below 60.5 percent,
the tribal share shall be 21 percent of the nonfederal share. For
nonfederally eligible costs, there shall be no tribal share unless
the federal medical assistance percentage for federally eligible
cases is below 60.5 percent, in which case the tribal share for
nonfederally eligible costs shall be 21 percent. For nonfederally
eligible administrative costs, the tribal share shall be 50 percent.

end insert begin insert

(9) For the cost of extending aid pursuant to Section 11403 to
eligible nonminor dependents who have reached 18 years of age
and who are under the jurisdiction of the tribal program, the tribal
share shall be based on the sharing ratios set forth in paragraphs
(1), (5), (6), and (8).

end insert begin delete

(b)

end delete

begin insert (c) end insert  Notwithstanding any other law or regulation, for programs,
services, or administrative costs provided pursuant to Section
10553.1, but for which the sharing ratios are not specified in this
section, the tribal share of costs shall be equal to the county
statutory share of costs as set forth in statutory sharing ratios for
each of these programs as in effect on June 30, 2011.

begin delete

(c)

end delete

begin insert (d) end insert  Notwithstanding any other law, for the purposes of this
section, the nonfederal costs for programs, services, or
administrative costs provided pursuant to Section 10553.1 shall
be borne by the tribe, consortium of tribes, or tribal organization,
and the state. However, in the event that an Indian child is
transferred from the tribal program to the jurisdiction of the county,
the costs for the child shall be borne by the county as for any other
child under the county’s jurisdiction.

begin insert

begin insert SEC. 67. end insert   

end insert

begin insert Section 11320.32 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

11320.32.  

(a) The department shall administer a voluntary
Temporary Assistance Program (TAP) for current and future
CalWORKs recipients who meet the exemption criteria for work
participation activities set forth in Section 11320.3, and are not
single parents who have a child under the age of one year.
Temporary Assistance Program recipients shall be entitled to the
same assistance payments and other benefits as recipients under
the CalWORKs program. The purpose of this program is to provide
cash assistance and other benefits to eligible families without any
federal restrictions or requirements and without any adverse impact
on recipients. The Temporary Assistance Program shall commence
no later than October 1, begin delete 2014. end delete begin insert 2016. end insert

(b) CalWORKs recipients who meet the exemption criteria for
work participation activities set forth in subdivision (b) of Section
11320.3, and are not single parents with a child under the age of
one year, shall have the option of receiving grant payments, child
care, and transportation services from the Temporary Assistance
Program. The department shall notify all CalWORKs recipients
and applicants meeting the exemption criteria specified in
subdivision (b) of Section 11320.3, except for single parents with
a child under the age of one year, of their option to receive benefits
under the Temporary Assistance Program. Absent written
indication that these recipients or applicants choose not to receive
assistance from the Temporary Assistance Program, the department
shall enroll CalWORKs recipients and applicants into the program.
However, exempt volunteers shall remain in the CalWORKs
program unless they affirmatively indicate, in writing, their interest
in enrolling in the Temporary Assistance Program. A Temporary
Assistance Program recipient who no longer meets the exemption
criteria set forth in Section 11320.3 shall be enrolled in the
CalWORKs program.

(c) Funding for grant payments, child care, transportation, and
eligibility determination activities for families receiving benefits
under the Temporary Assistance Program shall be funded with
General Fund resources that do not count toward the state’s
maintenance of effort requirements under clause (i) of subparagraph
(B) of paragraph (7) of subdivision (a) of Section 609 of Title 42
of the United States Code, up to the caseload level equivalent to
the amount of funding provided for this purpose in the annual
Budget Act.

(d) It is the intent of the Legislature that recipients shall have
and maintain access to the hardship exemption and the services
necessary to begin and increase participation in welfare-to-work
activities, regardless of their county of origin, and that the number
of recipients exempt under subdivision (b) of Section 11320.3 not
significantly increase due to factors other than changes in caseload
characteristics. All relevant state law applicable to CalWORKs
recipients shall also apply to families funded under this section.
begin delete Nothing in this end delete begin insert This end insert section begin delete modifies end delete begin insert does not modify end insert the criteria
for exemption in Section 11320.3.

(e) To the extent that this section is inconsistent with federal
regulations regarding implementation of the Deficit Reduction Act
of 2005, the department may amend the funding structure for
exempt families to ensure consistency with these regulations, not
later than 30 days after providing written notification to the chair
of the Joint Legislative Budget Committee and the chairs of the
appropriate policy and fiscal committees of the Legislature.

begin insert

begin insert SEC. 68. end insert   

end insert

begin insert Section 11322.8 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

11322.8.  

(a) For a recipient required to participate in
accordance with paragraph (1) of subdivision (a) of Section
11322.85, unless the recipient is otherwise exempt, the following
shall apply:

(1) (A) An adult recipient in a one-parent assistance unit that
does not include a child under six years of age shall participate in
welfare-to-work activities for begin insert an average of at least end insert 30 hours begin delete each
week. end delete begin insert per week during the month. end insert

(B) An adult recipient in a one-parent assistance unit that
includes a child under six years of age shall participate in
welfare-to-work activities for begin insert an average of at least end insert 20 hours begin delete each
week. end delete begin insert per week during the month. end insert

(2) An adult recipient who is an unemployed parent, as defined
in Section 11201, shall participate begin delete in end delete begin insert for an average of end insert at least 35
hours of welfare-to-work activities begin delete each week. end delete begin insert per week during
the month. end insert However, both parents in a two-parent assistance unit
may contribute to the 35 hours.

(b) For a recipient required to participate in accordance with
paragraph (3) of subdivision (a) of Section 11322.85, the following
shall apply:

(1) Unless otherwise exempt, an adult recipient in a one-parent
assistance unit shall participate in welfare-to-work activities for
begin insert an average of at least end insert 30 hours per begin delete week, end delete begin insert week during the month, end insert
subject to the special rules and limitations described in Section
607(c)(1)(A) of Title 42 of the United States Code as of begin delete the
operative date of this section, as provided in subdivision (c). end delete
begin insert January 1, 2013. end insert

(2) Unless otherwise exempt, an adult recipient in a one-parent
assistance unit that includes a child under six years of age shall
participate in welfare-to-work activities for begin insert an average of at least end insert
20 hours begin delete each week, end delete begin insert per week during the month, end insert as described in
Section 607(c)(2)(B) of Title 42 of the United States Code as of
begin delete the operative date of this section, as provided in subdivision (c). end delete
begin insert January 1, 2013. end insert

(3) Unless otherwise exempt, an adult recipient who is an
unemployed parent, as defined in Section 11201, shall participate
in welfare-to-work activities for begin insert an average of at least end insert 35 hours
per begin delete week, end delete begin insert week during the month, end insert subject to the special rules and
limitations described in Section 607(c)(1)(B) of Title 42 of the
United States Code as of begin delete the operative date of this section, as
provided in subdivision (c). end delete begin insert January 1, 2013. end insert

begin delete end delete begin delete

(c) This section shall become operative on January 1, 2013.

end delete begin delete end delete

begin insert

begin insert SEC. 69. end insert   

end insert

begin insert Section 11325.24 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

11325.24.  

(a) If, in the course of appraisal pursuant to Section
11325.2 or at any point during an individual’s participation in
welfare-to-work activities in accordance with paragraph (1) of
subdivision (a) of Section 11322.85, it is determined that a recipient
meets the criteria described in subdivision (b), the recipient shall
be eligible to participate in family stabilization.

(b) (1) A recipient shall be eligible to participate in family
stabilization if the county determines that his or her family is
experiencing an identified situation or crisis that is destabilizing
the family and would interfere with participation in welfare-to-work
activities and services.

(2) A situation or a crisis that is destabilizing the family in
accordance with paragraph (1) may include, but shall not be limited
to:

(A) Homelessness or imminent risk of homelessness.

(B) A lack of safety due to domestic violence.

(C) Untreated or undertreated behavioral needs, including mental
health or substance abuse-related needs.

(c) Family stabilization shall include intensive case management
and services designed to support the family in overcoming the
situation or crisis, which may include, but are not limited to,
welfare-to-work activities.

(d) Funds allocated for family stabilization in accordance with
this section shall be in addition to, and independent of, the county
allocations made pursuant to Section 15204.2.

begin insert

(e) Funds allocated for family stabilization in accordance with
this section, or the county allocations made pursuant to Section
15204.2, may be used to provide housing and other needed services
to a family during any month that a family is participating in family
stabilization.

end insert begin delete

(e)

end delete

begin insert (f) end insert  Each county shall submit to the department a plan, as defined
by the department, regarding how it intends to implement the
provisions of this section and shall report information to the
department, including, but not limited to, the number of recipients
served pursuant to this section, information regarding the services
provided, outcomes for the families served, and any lack of
availability of services. The department shall provide an update
regarding this information to the Legislature during the 2014-15
budget process.

begin delete

(f) This section shall become operative on January 1, 2014.

end delete begin insert

(g) It is the intent of the Legislature that family stabilization is
a voluntary component intended to provide needed services and
constructive interventions for parents and to assist in barrier
removal for families facing very difficult needs. Participants in
family stabilization are encouraged to participate, but the
Legislature does not intend that parents be sanctioned as part of
their experience in this program component. The Legislature
further intends that recipients refusing or unable to follow their
family stabilization plans without good cause be returned to the
traditional welfare-to-work program.

end insert

begin insert

begin insert SEC. 70. end insert   

end insert

begin insert Article 3.3 (commencing with Section 11330) is added
to Chapter 2 of Part 3 of Division 9 of the end insert begin insert Welfare and Institutions
Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 3.3. end insert   CalWORKs Housing Support

 

begin insert 11330. end insert   

The Legislature finds and declares all of the following:

(a) Stable housing is a fundamental component of self-sufficiency
and child well-being.

(b) According to the National Alliance to End Homelessness,
residential stability is a necessary precursor to effectively
addressing barriers that inhibit self-sufficiency, and research is
clear that children who lack safe and stable housing demonstrate
worse academic and social outcomes.

(c) Housing support in the CalWORKs program is minimal and
families struggle to find and retain safe, affordable, and stable
housing.

(d) Expanding homeless and housing support in the CalWORKs
program would help meet a critical need for families working to
achieve self-sufficiency.

begin insert 11330.5. end insert   

(a) A recipient shall be eligible to receive CalWORKs
housing supports if the county determines that his or her family is
experiencing homelessness or housing instability that would be a
barrier to self-sufficiency or child well-being.

(b) Notwithstanding subdivision (a), this section does not create
an entitlement to housing supports, which are intended to be a
service to CalWORKs families and not a form of assistance, to be
provided to families at the discretion of the county.

(c) It is the intent of the Legislature that housing supports
provided pursuant to this article utilize evidence-based models,
including those established in the federal Department of Housing
and Urban Development’s Homeless Prevention and Rapid
Re-Housing Program. Supports provided may include, but shall
not be limited to, all of the following:

(1) Financial assistance, including rental assistance, security
deposits, utility payments, moving cost assistance, and motel and
hotel vouchers.

(2) Housing stabilization and relocation, including outreach
and engagement, landlord recruitment, case management, housing
search and placement, legal services, and credit repair.

(d) The asset limit threshold specified in subdivision (f) of
Section 11450 shall not be used to determine a family’s eligibility
for receipt of housing supports provided pursuant to this article.

(e) Funds appropriated for purposes of this article shall be
allocated to participating counties by the State Department of
Social Services according to an allocation methodology developed
by the department in consultation with the County Welfare
Directors Association.

(f) The department, in consultation with the County Welfare
Directors Association and other stakeholders, shall develop each
of the following:

(1) The criteria by which counties may opt to participate in
providing housing supports to eligible CalWORKs recipients
pursuant to this article.

(2) The proportion of funding to be expended on reasonable
and appropriate administrative activities to minimize overhead
and maximize services.

(3) Tracking and reporting procedures.

(g) The department, in consultation with appropriate legislative
staff and the County Welfare Directors Association, shall
determine, in a manner that reflects the legislative intent for the
use of these funds and that is most beneficial to the overall
CalWORKs program, whether housing supports provided with
this funding are considered to be assistance or nonassistance
payments.

end insert

begin insert

begin insert SEC. 71. end insert   

end insert

begin insert Section 11402.4 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

11402.4.  

(a) Subject to the conditions set forth in subdivisions
(b) and (c), and notwithstanding any other provision of law, with
respect to an approved home of a relative or nonrelative extended
family member for which an annual visit to ensure the quality of
care provided is pending, the relative or nonrelative extended
family member home’s approval shall remain in full force and
effect. Payment to the relative or nonrelative extended family
member provider shall not be delayed or terminated solely due to
late completion of the annual visit to ensure the quality of care
provided.

(b) The frequency of required visits to ensure the quality of care
provided shall not be less than the frequency of visits for licensed
foster family homes as specified in begin delete paragraph (1) of subdivision
(a) of end delete Section 1534 of the Health and Safety Code. If late
completion of an annual visit occurs, under no circumstances shall
the county visit an approved home of a relative or nonrelative
extended family member less than once every 24 months.

(c) The frequency of required visits to ensure the quality of care
provided shall be subject to state plan approval.

begin insert

begin insert SEC. 72. end insert   

end insert

begin insert Section 11450.025 of the end insert begin insert Welfare and Institutions
Code end insert begin insert is amended to read: end insert

11450.025.  

(a)  begin insert (1) end insert begin insert   end insert Notwithstanding any other law, effective
on March 1, 2014, the maximum aid payments in effect on July
1, 2012, as specified in subdivision (b) of Section 11450.02, shall
be increased by 5 percent.

begin insert

(2) Effective April 1, 2015, the maximum aid payments in effect
on July 1, 2014, as specified in paragraph (1), shall be increased
by 5 percent.

end insert

(b) Commencing in 2014 and annually thereafter, on or before
January 10 and on or before May 14, the Director of Finance shall
do all of the following:

(1) Estimate the amount of growth revenues pursuant to
subdivision (f) of Section 17606.10 that will be deposited in the
Child Poverty and Family Supplemental Support Subaccount of
the Local Revenue Fund for the current fiscal year and the
following fiscal year and the amounts in the subaccount carried
over from prior fiscal years.

(2) For the current fiscal year and the following fiscal year,
determine the total cost of providing the begin delete increase end delete begin insert increases end insert
described in subdivision (a), as well as any other increase in the
maximum aid payments subsequently provided only under this
section, after adjusting for updated projections of CalWORKs
costs associated with caseload changes, as reflected in the local
assistance subvention estimates prepared by the State Department
of Social Services and released with the annual Governor’s Budget
and subsequent May Revision update.

(3) If the amount estimated in paragraph (1) plus the amount
projected to be deposited for the current fiscal year into the Child
Poverty and Family Supplemental Support Subaccount pursuant
to subparagraph (3) of subdivision (e) of Section 17600.15 is
greater than the amount determined in paragraph (2), the difference
shall be used to calculate the percentage increase to the CalWORKs
maximum aid payment standards that could be fully funded on an
ongoing basis beginning the following fiscal year.

(4) If the amount estimated in paragraph (1) plus the amount
projected to be deposited for the current fiscal year into the Child
Poverty and Family Supplemental Support Subaccount pursuant
to subparagraph (3) of subdivision (e) of Section 17600.15 is equal
to or less than the amount determined in paragraph (2), no
additional increase to the CalWORKs maximum aid payment
standards shall be provided in the following fiscal year in
accordance with this section.

(5) (A) Commencing with the 2014-15 fiscal year and for all
fiscal years thereafter, if changes to the estimated amounts
determined in paragraphs (1) or (2), or both, as of the May
Revision, are enacted as part of the final budget, the Director of
Finance shall repeat, using the same methodology used in the May
Revision, the calculations described in paragraphs (3) and (4) using
the revenue projections and grant costs assumed in the enacted
budget.

(B) If a calculation is required pursuant to subparagraph (A),
the Department of Finance shall report the result of this calculation
to the appropriate policy and fiscal committees of the Legislature
upon enactment of the Budget Act.

(c) An increase in maximum aid payments calculated pursuant
to paragraph (3) of subdivision (b), or pursuant to paragraph (5)
of subdivision (b) if applicable, shall become effective on October
1 of the following fiscal year.

(d) (1) An increase in maximum aid payments provided in
accordance with this section shall be funded with growth revenues
from the Child Poverty and Family Supplemental Support
Subaccount in accordance with paragraph (3) of subdivision (e)
of Section 17600.15 and subdivision (f) of Section 17606.10, to
the extent funds are available in that subaccount.

(2) If funds received by the Child Poverty and Family
Supplemental Support Subaccount in a particular fiscal year are
insufficient to fully fund any increases to maximum aid payments
made pursuant to this section, the remaining cost for that fiscal
year will be addressed through existing provisional authority
included in the annual Budget Act. Additional grant increases shall
not be provided until and unless the ongoing cumulative costs of
all prior grant increases provided pursuant to this section are fully
funded by the Child Poverty and Family Supplemental Support
Subaccount.

(e) Notwithstanding Section 15200, counties shall not be
required to contribute a share of begin delete cost end delete begin insert the costs end insert to cover the begin delete costs
of end delete increases to maximum aid payments made pursuant to this
section.

begin insert

begin insert SEC. 73. end insert   

end insert

begin insert Section 11460 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

11460.  

(a) Foster care providers shall be paid a per child per
month rate in return for the care and supervision of the AFDC-FC
child placed with them. The department is designated the single
organizational unit whose duty it shall be to administer a state
system for establishing rates in the AFDC-FC program. State
functions shall be performed by the department or by delegation
of the department to county welfare departments or Indian tribes,
consortia of tribes, or tribal organizations that have entered into
an agreement pursuant to Section 10553.1.

(b) “Care and supervision” includes food, clothing, shelter, daily
supervision, school supplies, a child’s personal incidentals, liability
insurance with respect to a child, reasonable travel to the child’s
home for visitation, and reasonable travel for the child to remain
in the school in which he or she is enrolled at the time of
placement. Reimbursement for the costs of educational travel, as
provided for in this subdivision, shall be made pursuant to
procedures determined by the department, in consultation with
representatives of county welfare and probation directors, and
additional stakeholders, as appropriate.

(1) For a child placed in a group home, care and supervision
shall also include reasonable administration and operational
activities necessary to provide the items listed in this subdivision.

(2) For a child placed in a group home, care and supervision
may also include reasonable activities performed by social workers
employed by the group home provider which are not otherwise
considered daily supervision or administration activities.

(c) It is the intent of the Legislature to establish the maximum
level of state participation in out-of-state foster care group home
program rates effective January 1, 1992.

(1) The department shall develop regulations that establish the
method for determining the level of state participation for each
out-of-state group home program. The department shall consider
all of the following methods:

(A) A standardized system based on the level of care and
services per child per month as detailed in Section 11462.

(B) A system which considers the actual allowable and
reasonable costs of care and supervision incurred by the program.

(C) A system which considers the rate established by the host
state.

(D) Any other appropriate methods as determined by the
department.

(2) State reimbursement for the AFDC-FC group home rate to
be paid to an out-of-state program on or after January 1, 1992,
shall only be paid to programs which have done both of the
following:

(A) Submitted a rate application to the department and received
a determination of the level of state participation.

(i) The level of state participation shall not exceed the current
fiscal year’s standard rate for rate classification level 14.

(ii) The level of state participation shall not exceed the rate
determined by the ratesetting authority of the state in which the
facility is located.

(iii) The level of state participation shall not decrease for any
child placed prior to January 1, 1992, who continues to be placed
in the same out-of-state group home program.

(B) Agreed to comply with information requests, and program
and fiscal audits as determined necessary by the department.

(3) State reimbursement for an AFDC-FC rate paid on or after
January 1, 1993, shall only be paid to a group home organized and
operated on a nonprofit basis.

(d) A foster care provider that accepts payments, following the
effective date of this section, based on a rate established under this
section, shall not receive rate increases or retroactive payments as
the result of litigation challenging rates established prior to the
effective date of this section. This shall apply regardless of whether
a provider is a party to the litigation or a member of a class covered
by the litigation.

(e) Nothing shall preclude a county from using a portion of its
county funds to increase rates paid to family homes and foster
family agencies within that county, and to make payments for
specialized care increments, clothing allowances, or infant
supplements to homes within that county, solely at that county’s
expense.

begin insert

(f) Nothing shall preclude a county from providing a
supplemental rate to serve commercially sexually exploited foster
children to provide for the additional care and supervision needs
of these children. To the extent that federal financial participation
is available, it is the intent of the Legislature that the federal
funding shall be utilized.

end insert

begin insert

begin insert SEC. 74. end insert   

end insert

begin insert Section 11461.3 is added to the end insert begin insert Welfare and
Institutions Code end insert begin insert , to read: end insert

begin insert

begin insert 11461.3. end insert   

(a) The Approved Relative Caregiver Funding Option
Program is hereby established for the purpose of making the
amount paid to approved relative caregivers for the in-home care
of children placed with them who are ineligible for AFDC-FC
payments equal to the amount paid on behalf of children who are
eligible for AFDC-FC payments. This is an optional program for
counties choosing to participate, and in so doing, participating
counties agree to the terms of this section as a condition of their
participation. It is the intent of the Legislature that the funding
described in paragraph (1) of subdivision (e) for the Approved
Relative Caregiver Funding Option Program be appropriated,
and available for use from January through December of each
year, unless otherwise specified.

(b) Subject to subdivision (c), effective January 1, 2015, counties
shall pay an approved relative caregiver a per child per month
rate in return for the care and supervision, as defined in
subdivision (b) of Section 11460, of a child that is placed with the
relative caregiver that is equal to the basic rate paid to foster care
providers pursuant to subdivision (g) of Section 11461, if both of
the following conditions are met:

(1) The county with payment responsibility has notified the
department in writing by October 1 of the year before participation
begins of its decision to participate in the Approved Relative
Caregiver Funding Option Program.

(2) The related child placed in the home meets all of the
following requirements:

(A) The child resides in the State of California.

(B) The child is described by subdivision (b), (c), or (e) of
Section 11401 and is not eligible for AFDC-FC pursuant to
subdivision (a) of Section 11404.

(C) The child is not eligible for AFDC-FC while placed with
the approved relative caregiver because the child is not eligible
for federal financial participation in the AFDC-FC payment.

(c) A county’s election to participate in the Approved Relative
Caregiver Funding Option Program shall affirmatively indicate
that the county understands and agrees to all of the following
conditions:

(1) Commencing October 1, 2014, the county shall notify the
department in writing of its decision to participate in the Approved
Relative Caregiver Funding Option Program. Failure to make
timely notification, without good cause as determined by the
department, shall preclude the county from participating in the
program for the upcoming year. Annually thereafter, any county
not presently participating who elects to do so shall notify the
department in writing no later than October 1 of its decision to
participate for the upcoming calendar year.

(2) The county shall confirm that it will make per child per
month payments to all approved relative caregivers on behalf of
eligible children in the amount specified in subdivision (b) for the
duration of the participation of the county in this program.

(3) The county shall confirm that it will be solely responsible
to pay any additional costs needed to make all payments pursuant
to subdivision (b) if the state and federal funds allocated to the
Approved Relative Caregiver Funding Option Program pursuant
to paragraph (1) of subdivision (e) are insufficient to make all
eligible payments.

(d) (1) A county deciding to opt out of the Approved Relative
Caregiver Funding Option Program shall provide at least 120
days’ prior written notice of that decision to the department.
Additionally, the county shall provide at least 90 days’ prior
written notice to the approved relative caregiver or caregivers
informing them that his or her per child per month payment will
be reduced and the date that the reduction will occur.

(2) The department shall presume all counties have opted out
of the Approved Relative Caregiver Funding Option Program if
the funding appropriated in subclause (II) of clause (i) of
subparagraph (B) of paragraph (1) of subdivision (e), including
any additional funds appropriated pursuant to clause (ii) of
subparagraph (B) of paragraph (1) of subdivision (e), is reduced,
unless a county notifies the department in writing of its intent to
opt in within 60 days of enactment of the state budget. The counties
shall provide at least 90 days’ prior written notice to the approved
relative caregiver or caregivers informing them that his or her per
child per month payment will be reduced, and the date that the
reduction will occur.

(3) Any reduction in payments received by an approved relative
caregiver on behalf of a child under this section that results from
a decision by a county, including the presumed opt-out pursuant
to paragraph (2), to not participate in the Approved Relative
Caregiver Funding Option Program shall be exempt from state
hearing jurisdiction under Section 10950.

(e) (1) The following funding shall be used for the Approved
Relative Caregiver Funding Option Program:

(A) The applicable regional per-child CalWORKs grant from
federal funds received as part of the TANF block grant program.

(B) (i) General Fund resources that do not count toward the
state’s maintenance of effort requirements under Section
609(a)(7)(B)(i) of Title 42 of the United States Code. For this
purpose, the following money is hereby appropriated:

(I) The sum of thirty million dollars ($30,000,000) from the
General Fund for the period January 1, 2015 through December
31, 2015.

(II) The sum of thirty million dollars ($30,000,000) from the
General Fund in each calendar year thereafter, as cumulatively
adjusted annually by the California Necessities Index used for
each May Revision of the Governor’s Budget, to be used in each
respective calendar year.

(ii) To the extent that the appropriation made in subclause (I)
is insufficient to fully fund the base caseload of approved relative
caregivers as of July 1, 2014, for the period of time described in
subclause (I), as jointly determined by the department and the
County Welfare Directors’ Association and approved by the
Department of Finance on or before October 1, 2015, the amounts
specified in subclauses (I) and (II) shall be increased in the
respective amounts necessary to fully fund that base caseload.
Thereafter, the adjusted amount of subclause (II), and the other
terms of that provision, including an annual California Necessities
Index adjustment to its amount, shall apply.

(C) County funds only to the extent required under paragraph
(3) of subdivision (c).

(D) This section is intended to appropriate the funding necessary
to fully fund the base caseload of approved relative caregivers,
defined as the number of approved relative caregivers caring for
a child who is not eligible to receive AFDC-FC payments, as of
July 1, 2014.

(2) Funds available pursuant to subparagraphs (A) and (B) of
paragraph (1) shall be allocated to participating counties
proportionate to the number of their approved relative caregiver
placements, using a methodology and timing developed by the
department, following consultation with county human services
agencies and their representatives.

(3) Notwithstanding subdivision (c), if in any calendar year the
entire amount of funding appropriated by the state for the Approved
Relative Caregiver Funding Option Program has not been fully
allocated to or utilized by counties, a county that has paid any
funds pursuant to subparagraph (C) of paragraph (1) of
subdivision (e) may request reimbursement for those funds from
the department. The authority of the department to approve the
requests shall be limited by the amount of available unallocated
funds.

(f) An approved relative caregiver receiving payments on behalf
of a child pursuant to this section shall not be eligible to receive
additional CalWORKs payments on behalf of the same child under
Section 11450.

(g) To the extent permitted by federal law, payments received
by the approved relative caregiver from the Approved Relative
Caregiver Funding Option Program shall not be considered income
for the purpose of determining other public benefits.

(h) Prior to referral of any individual or recipient, or that
person’s case, to the local child support agency for child support
services pursuant to Section 17415 of the Family Code, the county
human services agency shall determine if an applicant or recipient
has good cause for noncooperation, as set forth in Section
11477.04. If the applicant or recipient claims good cause exception
at any subsequent time to the county human services agency or
the local child support agency, the local child support agency shall
suspend child support services until the county social services
agency determines the good cause claim, as set forth in Section
11477.04. If good cause is determined to exist, the local child
support agency shall suspend child support services until the
applicant or recipient requests their resumption, and shall take
other measures that are necessary to protect the applicant or
recipient and the children. If the applicant or recipient is the parent
of the child for whom aid is sought and the parent is found to have
not cooperated without good cause as provided in Section
11477.04, the applicant’s or recipient’s family grant shall be
reduced by 25 percent for the time the failure to cooperate lasts.

(i) Consistent with Section 17552 of the Family Code, if aid is
paid under this chapter on behalf of a child who is under the
jurisdiction of the juvenile court and whose parent or guardian is
receiving reunification services, the county human services agency
shall determine, prior to referral of the case to the local child
support agency for child support services, whether the referral is
in the best interest of the child, taking into account both of the
following:

(1) Whether the payment of support by the parent will pose a
barrier to the proposed reunification in that the payment of support
will compromise the parent’s ability to meet the requirements of
the parent’s reunification plan.

(2) Whether the payment of support by the parent will pose a
barrier to the proposed reunification in that the payment of support
will compromise the parent’s current or future ability to meet the
financial needs of the child.

end insert

begin insert

begin insert SEC. 75. end insert   

end insert

begin insert Section 11477 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

11477.  

As a condition of eligibility for aid paid under this
chapter, each applicant or recipient shall do all of the following:

(a) (1) Do either of the following:

(i) For applications received before October 1, 2009, assign to
the county any rights to support from any other person the applicant
or recipient may have on his or her own behalf or on behalf of any
other family member for whom the applicant or recipient is
applying for or receiving aid, not exceeding the total amount of
cash assistance provided to the family under this chapter. Receipt
of public assistance under this chapter shall operate as an
assignment by operation of law. An assignment of support rights
to the county shall also constitute an assignment to the state. If
support rights are assigned pursuant to this subdivision, the
assignee may become an assignee of record by the local child
support agency or other public official filing with the court clerk
an affidavit showing that an assignment has been made or that
there has been an assignment by operation of law. This procedure
does not limit any other means by which the assignee may become
an assignee of record.

(ii) For applications received on or after October 1, 2009, assign
to the county any rights to support from any other person the
applicant or recipient may have on his or her own behalf, or on
behalf of any other family member for whom the applicant or
recipient is applying for or receiving aid. The assignment shall
apply only to support that accrues during the period of time that
the applicant is receiving assistance under this chapter, and shall
not exceed the total amount of cash assistance provided to the
family under this chapter. Receipt of public assistance under this
chapter shall operate as an assignment by operation of law. An
assignment of support rights to the county shall also constitute an
assignment to the state. If support rights are assigned pursuant to
this subdivision, the assignee may become an assignee of record
by the local child support agency or other public official filing
with the court clerk an affidavit showing that an assignment has
been made or that there has been an assignment by operation of
law. This procedure does not limit any other means by which the
assignee may become an assignee of record.

(2) Support that has been assigned pursuant to paragraph (1)
and that accrues while the family is receiving aid under this chapter
shall be permanently assigned until the entire amount of aid paid
has been reimbursed.

(3) If the federal government does not permit states to adopt the
same order of distribution for preassistance and postassistance
child support arrears that are assigned on or after October 1, 1998,
support arrears that accrue before the family receives aid under
this chapter that are assigned pursuant to this subdivision shall be
assigned as follows:

(A) Child support assigned prior to January 1, 1998, shall be
permanently assigned until aid is no longer received and the entire
amount of aid has been reimbursed.

(B) Child support assigned on or after January 1, 1998, but prior
to October 1, 2000, shall be temporarily assigned until aid under
this chapter is no longer received and the entire amount of aid paid
has been reimbursed or until October 1, 2000, whichever comes
first.

(C) On or after October 1, 2000, support assigned pursuant to
this subdivision that was not otherwise permanently assigned shall
be temporarily assigned to the county until aid is no longer
received.

(D) On or after October 1, 2000, support that was temporarily
assigned pursuant to this subdivision shall, when a payment is
received from the federal tax intercept program, be temporarily
assigned until the entire amount of aid paid has been reimbursed.

(4) If the federal government permits states to adopt the same
order of distribution for preassistance and postassistance child
support arrears, child support arrears shall be assigned, as follows:

(A) Child support assigned pursuant to this subdivision prior
to October 1, 1998, shall be assigned until aid under this chapter
is no longer received and the entire amount has been reimbursed.

(B) On or after October 1, 1998, child support assigned pursuant
to this subdivision that accrued before the family receives aid under
this chapter and that was not otherwise permanently assigned, shall
be temporarily assigned until aid under this chapter is no longer
received.

(C) On or after October 1, 1998, support that was temporarily
assigned pursuant to this subdivision shall, when a payment is
received from the federal tax intercept program, be temporarily
assigned until the entire amount of aid paid has been reimbursed.

(b) (1) Cooperate with the county welfare department and local
child support agency in establishing the paternity of a child of the
applicant or recipient born out of wedlock with respect to whom
aid is claimed, and in establishing, modifying, or enforcing a
support order with respect to a child of the individual for whom
aid is requested or obtained, unless the applicant or recipient
qualifies for a good cause exception begin delete as provided in end delete begin insert pursuant to end insert
Section 11477.04. The granting of aid shall not be delayed or
denied if the applicant is otherwise eligible, if the applicant
completes the necessary forms and agrees to cooperate with the
local child support agency in securing support and determining
paternity, begin delete where end delete begin insert if end insert applicable. The local child support agency shall
have staff available, in person or by telephone, at all county welfare
offices and shall conduct an interview with each applicant to obtain
information necessary to establish paternity and establish, modify,
or enforce a support order at the time of the initial interview with
the welfare office. The local child support agency shall make the
determination of cooperation. If the applicant or recipient attests
under penalty of perjury that he or she cannot provide the
information required by this subdivision, the local child support
agency shall make a finding regarding whether the individual could
reasonably be expected to provide the begin delete information, end delete begin insert information end insert
before the local child support agency determines whether the
individual is cooperating. In making the finding, the local child
support agency shall consider all of the following:

(A) The age of the child for whom support is sought.

(B) The circumstances surrounding the conception of the child.

(C) The age or mental capacity of the parent or caretaker of the
child for whom aid is being sought.

(D) The time that has elapsed since the parent or caretaker last
had contact with the alleged father or obligor.

(2) Cooperation includes begin insert all of end insert the following:

(A) Providing the name of the alleged parent or obligor and
other information about that person if known to the applicant or
recipient, such as address, social security number, telephone
number, place of employment or school, and the names and
addresses of relatives or associates.

(B) Appearing at interviews, hearings, and legal proceedings
provided the applicant or recipient is provided with reasonable
advance notice of the interview, hearing, or legal proceeding and
does not have good cause not to appear.

(C) If paternity is at issue, submitting to genetic tests, including
genetic testing of the child, if necessary.

(D) Providing any additional information known to or reasonably
obtainable by the applicant or recipient necessary to establish
paternity or to establish, modify, or enforce a child support order.

(3) A recipient or applicant shall not be required to sign a
voluntary declaration of paternity, as set forth in Chapter 3
(commencing with Section 7570) of Part 2 of Division 12 of the
Family Code, as a condition of cooperation.

begin insert

(c) This section shall not apply if all of the adults are excluded
from the assistance unit pursuant to Section 11251.3, 11454, or
11486.5.

end insert begin insert

(d) It is the intent of the Legislature that the regular receipt of
child support in the preceding reporting period be considered in
determining reasonably anticipated income for the following
reporting period.

end insert

begin insert

begin insert SEC. 76. end insert   

end insert

begin insert Section 12300.4 is added to the end insert begin insert Welfare and
Institutions Code end insert begin insert , to read: end insert

begin insert

begin insert 12300.4. end insert   

(a) Notwithstanding any other law, including, but
not limited to, Chapter 10 (commencing with Section 3500) of
Division 4 of Title 1 of the Government Code and Title 23
(commencing with Section 110000) of the Government Code, a
recipient who is authorized to receive in-home supportive services
pursuant to this article, or Section 14132.95, 14132.952, or
14132.956, administered by the State Department of Social
Services, or waiver personal care services pursuant to Section
14132.97, administered by the State Department of Health Care
Services, or any combination of these services, shall direct these
authorized services, and the authorized services shall be performed
by a provider or providers within a workweek and in a manner
that complies with the requirements of this section.

(b) (1) A workweek is defined as beginning at 12:00 a.m. on
Sunday and includes the next consecutive 168 hours, terminating
at 11:59 p.m. the following Saturday.

(2) A provider of services specified in subdivision (a) shall not
work a total number of hours within a workweek that exceeds 66,
as reduced by the net percentage defined by Sections 12301.02
and 12301.03, as applicable, and in accordance with subdivision
(d). The total number of hours worked within a workweek by a
provider is defined as the sum of the following:

(A) All hours worked providing authorized services specified
in subdivision (a).

(B) Travel time as defined in subdivision (f), only if federal
financial participation is not available to compensate for that
travel time. If federal financial participation is available for travel
time as defined in subdivision (f), the travel time shall not be
included in the calculation of the total weekly authorized hours of
services.

(3) (A) If the authorized in-home supportive services of a
recipient cannot be provided by a single provider as a result of
the limitation specified in paragraph (2), it is the responsibility of
the recipient to employ an additional provider or providers, as
needed, to ensure his or her authorized services are provided
within his or her total weekly authorized hours of services
established pursuant to subdivision (b) of Section 12301.1.

(B) If the provider of authorized waiver personal care services
cannot provide those services to a recipient as a result of the
limitation specified in paragraph (2), the State Department of
Health Care Services shall work with the recipient to engage
additional providers, as necessary. It is the intent of the Legislature
that this section shall not result in reduced services authorized to
recipients of waiver personal care services defined in subdivision
(a).

(4) (A) A provider shall inform each of his or her recipients of
the number of hours that the provider is available to work for that
recipient, in accordance with this section.

(B) A recipient, his or her authorized representative, or any
other entity, including any person or entity providing services
pursuant to Section 14186.35, shall not authorize any provider to
work hours that exceed the applicable limitation or limitations of
this section.

(C) A recipient may authorize a provider to work hours in excess
of the recipient’s weekly authorized hours established pursuant to
Section 12301.1 without notification of the county welfare
department, in accordance with both of the following:

(i) The authorization does not result in more than 40 hours of
authorized services per week being provided.

(ii) The authorization does not exceed the recipient’s authorized
hours of monthly services pursuant to paragraph (1) of subdivision
(b) of Section 12301.1.

(5) For providers of in-home supportive services, the State
Department of Social Services or a county may terminate the
provider from providing services under the IHSS program if a
provider continues to violate the limitations of this section on
multiple occasions.

(c) Notwithstanding any other law, only federal law and
regulations regarding overtime compensation apply to providers
of services defined in subdivision (a).

(d) A provider of services defined in subdivision (a) is subject
to all of the following, as applicable to his or her situation:

(1) A provider who works for an individual recipient of those
services shall not work a total number of hours within a workweek
that exceeds 66 hours, as reduced by the net percentage defined
by Sections 12301.02 and 12301.03, as applicable. In no
circumstance shall the provision of these services by that provider
to the individual recipient exceed the total weekly hours of the
services authorized to that recipient, except as additionally
authorized pursuant to subparagraph (C) of paragraph (4) of
subdivision (b). If multiple providers serve the same recipient, it
shall continue to be the responsibility of that recipient or his or
her authorized representative to schedule the work of his or her
providers to ensure the authorized services of the recipient are
provided in accordance with this section.

(2) A provider of in-home supportive services described in
subdivision (a) who serves multiple recipients is not authorized
to, and shall not, work more than 66 total hours in a workweek,
as reduced by the net percentage defined by Sections 12301.02
and 12301.03, as applicable, regardless of the number of recipients
for whom the provider provides services authorized by subdivision
(a). Providers are subject to the limits of each recipient’s total
authorized weekly hours of in-home supportive services described
in subdivision (a), except as additionally authorized pursuant to
subparagraph (C) of paragraph (4) of subdivision (b).

(e) Recipients and providers shall be informed of the limitations
and requirements contained in this section, through notices at
intervals and on forms as determined by the State Department of
Social Services or the State Department of Health Care Services,
as applicable, following consultation with stakeholders.

(f) (1) A provider of services described in subdivision (a) shall
not engage in travel time in excess of seven hours per week. For
the purposes of this subdivision, “travel time” means time spent
traveling directly from a location where authorized services
specified in subdivision (a) are provided to one recipient, to
another location where authorized services are to be provided to
another recipient. A provider shall coordinate hours of work with
his or her recipient or recipients to comply with this section.

(2) The hourly wage to compensate a provider for travel time
described in this subdivision when the travel is between two
counties shall be the hourly wage of the destination county.

(3) Travel time, and compensation for that travel time, between
a recipient of authorized in-home supportive services specified in
subdivision (a) and a recipient of authorized waiver personal care
services specified in subdivision (a), shall be attributed to the
program authorizing services for the recipient to whom the
provider is traveling.

(4) Hours spent by a provider while engaged in travel time shall
not be deducted from the authorized hours of service of any
recipient of services specified in subdivision (a).

(5) The State Department of Social Services and the State
Department of Health Care Services shall issue guidance and
processes for travel time between recipients that will assist the
provider and recipient to comply with this subdivision. Each county
shall provide technical assistance to providers and recipients, as
necessary, to implement this subdivision.

(g) A provider of authorized in-home supportive services
specified in subdivision (a) shall timely submit, deliver, or mail,
verified by postmark or request for delivery, a signed payroll
timesheet within two weeks after the end of each bimonthly payroll
period. Notwithstanding any other law, a provider who submits
an untimely payroll timesheet for providing authorized in-home
supportive services specified in subdivision (a) shall be paid by
the state within 30 days of the receipt of the signed payroll
timesheet.

(h) This section does not apply to a contract entered into
pursuant to Section 12302 or 12302.6 for authorized in-home
supportive services. Contract rates negotiated pursuant to Section
12302 or 12302.6 shall be based on costs consistent with a 40
hour workweek.

(i) The state and counties are immune from any liability resulting
from implementation of this section.

(j) Any action authorized under this section that is implemented
in a program authorized pursuant to Section 14132.95, 14132.97,
14132.952, or 14132.956 shall be compliant with federal Medicaid
requirements, as determined by the State Department of Health
Care Services.

(k) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code), the State Department of Social Services and the State
Department of Health Care Services may implement, interpret, or
make specific this section by means of all-county letters or similar
instructions, without taking any regulatory action.

(l) (1) This section shall become operative only when the
regulatory amendments made by RIN 1235-AA05 to Part 552 of
Title 29 of the Code of Federal Regulations are deemed effective,
either on the date specified in RIN 1235-AA05 or at a later date
specified by the Federal Department of Labor, whichever is later.

(2) If the regulatory amendments described in paragraph (1)
become only partially effective by the date specified in paragraph
(1), this section shall become operative only for those persons for
whom federal financial participation is available as of that date.

end insert

begin insert

begin insert SEC. 77. end insert   

end insert

begin insert Section 12300.41 is added to the end insert begin insert Welfare and
Institutions Code end insert begin insert , to read: end insert

begin insert

begin insert 12300.41. end insert   

(a) For three months following the effective date
specified in paragraph (1) of subdivision (l) of Section 12300.4,
timesheets submitted by providers may be paid in excess of the
limitations specified in Section 12300.4, so long as the number of
hours worked by the provider within a month do not exceed the
authorized hours of the recipient or recipients served by that
provider.

(b) The State Department of Social Services, in consultation
with stakeholders, shall oversee a study of the implementation of
Section 12300.4, Section 12301.1, and this section. This study shall
cover the 24-month period subsequent to the three-month period
specified in subdivision (a). Information collected for the study
shall periodically be made available to stakeholders, including
but not limited to representatives of recipients and providers,
counties, and the legislative staff. Upon completion of the study,
a report shall be submitted to the Legislature.

(c) Using the study described in (b), it is the intent of the
Legislature to evaluate implementation of the federal regulations
described in paragraph (1) of subdivision (l) of Section 12300.4
and make any adjustments determined appropriate or necessary
through subsequent legislation.

end insert

begin insert

begin insert SEC. 78. end insert   

end insert

begin insert Section 12301.1 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

12301.1.  

(a) The department shall adopt regulations
establishing a uniform range of services available to all eligible
recipients based upon individual needs. The availability of services
under these regulations is subject to the provisions of Section
12301 and county plans developed pursuant to Section 12302.

(b)  begin insert (1) end insert begin insert   end insert The county welfare department shall assess each
recipient’s continuing begin insert monthly end insert need for begin insert in-home end insert supportive services
at varying intervals as necessary, but at least once every 12 months.
begin insert The results of this assessment of monthly need for hours of in-home
supportive services shall be divided by 4.33, to establish a
recipient’s weekly authorized number of hours of in-home
supportive services, subject to any of the following, as applicable: end insert

begin insert

(A) Within the limit of the assessed monthly need for hours of
in-home supportive services, a county welfare department may
adjust the authorized weekly hours of a recipient for any particular
week for known recurring or periodic needs of the recipient.

end insert begin insert

(B) Within the limit of the assessed monthly need for hours of
in-home supportive services, a county welfare department may
temporarily adjust the authorized weekly hours of a recipient at
the request of the recipient, to accommodate unexpected
extraordinary circumstances.

end insert begin insert

(C) In addition to the flexibility provided to a recipient pursuant
to subparagraph (C) of paragraph (4) of subdivision (b) of Section
12300.4, a recipient may request the county welfare department
to adjust his or her weekly authorized hours of services to exceed
40 hours of weekly authorized hours of services per week, within
his or her total monthly authorized hours of services. A request
for adjustment may be made retrospective to the hours actually
worked. The county welfare department shall not unreasonably
withhold approval of a recipient request made pursuant to this
subparagraph.

end insert begin insert

(2) For purposes of subparagraph (C) of paragraph (1), and
prior to its implementation, the State Department of Social Services
shall develop a process for requests pursuant to that subparagraph.
The process shall include all of the following:

end insert begin insert

(A) The procedure, standards, and timeline for making a request
to adjust the authorized weekly hours of service for a recipient
defined in this section.

end insert begin insert

(B) The language used for notices about the process.

end insert begin insert

(C) Provisions for adjustments to authorization, and for
authorization after services have been provided, when the criteria
for approval have been met.

end insert begin insert

(D) A requirement that the opportunity for a revision to the
limitations of this section shall be discussed at each annual
reassessment, and also may be authorized by the county welfare
department outside of the reassessment process.

end insert begin insert

(3) Recipients shall be timely informed of their total monthly
and weekly authorized hours.

end insert begin insert

(4) The weekly authorization of services defined in this section
shall be used solely for the purposes of ensuring compliance with
the federal Fair Labor Standards Act and its implementing
regulations.

end insert begin insert

(5) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code), the department may implement, interpret, or make specific
this subdivision by means of all-county letters, or similar
instructions, without taking any regulatory action.

end insert

(c) (1) Notwithstanding subdivision (b), at the county’s option,
assessments may be extended, on a case-by-case basis, for up to
six months beyond the regular 12-month period, provided that the
county documents that all of the following conditions exist:

(A) The recipient has had at least one reassessment since the
initial program intake assessment.

(B) The recipient’s living arrangement has not changed since
the last annual reassessment and the recipient lives with others, or
has regular meaningful contact with persons other than his or her
service provider.

(C) The recipient or, if the recipient is a minor, his or her parent
or legal guardian, or if incompetent, his or her conservator, is able
to satisfactorily direct the recipient’s care.

(D) There has been no known change in the recipient’s
supportive service needs within the previous 24 months.

(E) No reports have been made to, and there has been no
involvement of, an adult protective services agency or agencies
since the county last assessed the recipient.

(F) The recipient has not had a change in provider or providers
for at least six months.

(G) The recipient has not reported a change in his or her need
for supportive services that requires a reassessment.

(H) The recipient has not been hospitalized within the last three
months.

(2) If some, but not all, of the conditions specified in paragraph
(1) of subdivision (c) are met, the county may consider other factors
in determining whether an extended assessment interval is
appropriate, including, but not limited to, involvement in the
recipient’s care of a social worker, case manager, or other similar
representative from another human services agency, such as a
regional center or county mental health program, or
communications, or other instructions from a physician or other
licensed health care professional that the recipient’s medical
condition is unlikely to change.

(3) A county may reassess a recipient’s need for services at a
time interval of less than 12 months from a recipient’s initial intake
or last assessment if the county social worker has information
indicating that the recipient’s need for services is expected to
decrease in less than 12 months.

(d) A county shall assess a recipient’s need for supportive
services any time that the recipient notifies the county of a need
to adjust the supportive services hours authorized, or when there
are other indications or expectations of a change in circumstances
affecting the recipient’s need for supportive services.

(e) (1) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act, Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, until emergency regulations are filed with the Secretary of
State, the department may implement this section through
all-county letters or similar instructions from the director. The
department shall adopt emergency regulations implementing this
section no later than September 30, 2005, unless notification of a
delay is made to the Chair of the Joint Legislative Budget
Committee prior to that date. The notification shall include the
reason for the delay, the current status of the emergency
regulations, a date by which the emergency regulations shall be
adopted, and a statement of need to continue use of all-county
letters or similar instructions. Under no circumstances shall the
adoption of emergency regulations be delayed, or the use of
all-county letters or similar instructions be extended, beyond June
30, 2006.

(2) The adoption of regulations implementing this section shall
be deemed an emergency and necessary for the immediate
preservation of the public peace, health, safety, or general welfare.
The emergency regulations authorized by this section shall be
exempt from review by the Office of Administrative Law. The
emergency regulations authorized by this section shall be submitted
to the Office of Administrative Law for filing with the Secretary
of State and shall remain in effect for no more than 180 days by
which time final regulations shall be adopted. The department shall
seek input from the entities listed in Section 12305.72 when
developing all-county letters or similar instructions and the
regulations.

begin insert

begin insert SEC. 79. end insert   

end insert

begin insert Chapter 5.2 (commencing with Section 16524.6) is
added to Part 4 of Division 9 of the end insert begin insert Welfare and Institutions Code end insert begin insert ,
to read: end insert

begin insert

 

Chapter   begin insert 5.2. end insert Commercially Sexually Exploited Children
Program

 

begin insert 16524.6. end insert   

The Legislature finds and declares that in order to
adequately serve children who have been sexually exploited, it is
necessary that counties develop and utilize a multidisciplinary
team approach to case management, service planning, and
provision of services, and that counties develop and utilize
interagency protocols to ensure services are provided as needed
to this population.

begin insert 16524.7. end insert   

(a) (1) There is hereby established the Commercially
Sexually Exploited Children Program. This program shall be
administered by the State Department of Social Services.

(2) The department, in consultation with the County Welfare
Directors Association of California, shall develop an allocation
methodology to distribute funding for the program. Funds allocated
pursuant to this section shall be utilized to cover expenditures
related to the costs of implementing the program, prevention and
intervention services, and training related to children who are
victims of commercial sexual exploitation.

(3) (A) Funds shall be provided to counties that elect to
participate in the program for the provision of training to county
children’s services workers to identify, intervene, and provide case
management services to children who are victims of commercial
sexual exploitation and trafficking, and to foster caregivers for
the prevention and identification of potential victims.

(B) The department shall contract to provide training for county
workers and foster caregivers. Training shall be selected and
contracted for in consultation with the County Welfare Directors
Association, county children’s services representatives, and other
stakeholders. The department shall consult and collaborate with
the California Community Colleges Chancellor’s Office to provide
training for foster parents of licensed foster family homes.

(4) Funds provided to the counties electing to participate in the
program shall be used for prevention activities, intervention
activities, and services to children who are victims, or at risk of
becoming victims, of commercial sexual exploitation. These
activities and services may include, but are not limited to, all of
the following:

(A) Training foster children to help recognize and help avoid
commercial sexual exploitation. Counties may target training
activities to foster children who are at higher risk of sexual
exploitation.

(B) Engaging survivors of commercial sexual exploitation to:
(i) provide support to county staff who serve children who are
victims of commercial sexual exploitation; (ii) for activities that
may include training and technical assistance; and (iii) to serve
as advocates for and perform outreach and support to children
who are victims of commercial sexual exploitation.

(C) Consulting and coordinating with homeless youth shelters
and other service providers who work with children who are
disproportionately at risk of, or involved in, commercial sexual
exploitation, including, but not limited to, lesbian, gay, bisexual,
and transgender youth organizations, regarding outreach and
support to children who are victims of commercial sexual
exploitation.

(D) Hiring county staff trained and specialized to work with
children who are victims of commercial sexual exploitation to
support victims and their caregivers, and to provide case
management to support interagency and cross-departmental
response.

(E) Providing supplemental foster care rates for placement of
child victims of commercial sexual exploitation adjudged to be
within the definition of Section 300 to be paid to foster homes,
relatives, foster family agency certified homes, or other specialized
placements to provide for the increased care and supervision needs
of the victim in accordance with Section 11460.

(b) Funds allocated for the program shall not supplant funds
for existing programs.

(c) (1) In order to ensure timely access to services to which
commercially sexually exploited children are entitled to as
dependents in foster care, in participating counties, county agency
representatives from mental health, probation, public health, and
substance abuse disorders shall participate in the case planning
and assist in linking commercially sexually exploited children to
services that serve children who are in the child welfare system
and that are identified in the child’s case plan and may include
other stakeholders as determined by the county.

(2) The entities described in paragraph (1) shall provide input
to the child welfare services agency regarding the services and
supports needed for children to support treatment needs and aid
in their recovery and may assist in linking these children to services
that are consistent with their county plans submitted to the
department pursuant to subdivision (d).

(d) (1) A county electing to receive funding from the
Commercially Sexually Exploited Children Program pursuant to
this chapter shall submit a plan describing how the county intends
to utilize the funds allocated pursuant to paragraph (4) of
subdivision (a).

(2) The county shall submit a plan to the department pursuant
to a process developed by the department, in consultation with the
County Welfare Directors Association. The plan shall include
documentation indicating the county’s collaboration with county
partner agencies and children-focused entities, which shall include
the formation of a multidisciplinary team to serve children pursuant
to this chapter.

A multidisciplinary team serving a child pursuant to this chapter
shall include, but is not limited to, appropriate staff from the county
child welfare, probation, mental health, substance abuse disorder,
and public health departments. Staff from a local provider of
services to this population, local education agencies, and local
law enforcement, and survivors of commercial sexual exploitation
and trafficking may be included on the team.

begin insert 16524.8. end insert   

(a) Each county electing to receive funds from the
Commercially Sexually Exploited Children Program pursuant to
this chapter shall develop an interagency protocol to be utilized
in serving sexually exploited children. The county protocol shall
be developed by a team led by a representative of the county human
services department and shall include representatives from each
of the following agencies:

(1) The county probation department.

(2) The county mental health department.

(3) The county public health department.

(4) The juvenile court in the county.

The team may include, but shall not be limited to, representatives
from local education agencies, local law enforcement, survivors
of sexual exploitation and trafficking, and other providers as
necessary.

(b) At a minimum the interagency protocol shall address the
provision of services to children who have been sexually exploited
and are within the definition of Section 300, including, but not
limited to, the use of a multidisciplinary team approach to provide
coordinated case management, service planning, and services to
children.

begin insert 16524.9. end insert   

The State Department of Social Services, in
consultation with the County Welfare Directors Association, shall
ensure that the Child Welfare Services/Case Management System
is capable of collecting data concerning children who are
commercially sexually exploited, including children who are
referred to the child abuse hotline, children currently served by
county child welfare and probation departments who are
subsequently identified as victims of commercial sexual
exploitation.

(a) The department shall disseminate any necessary instructions
on data entry to the county child welfare and probation department
staff.

(b) The department shall implement this section no later than
June 1, 2015.

begin insert 16524.10. end insert   

The State Department of Social Services, no later
than April 1, 2017, shall provide the following information to the
Legislature regarding the implementation of this chapter:

(a) The participating counties.

(b) The number of victims served by each county.

(c) The types of services provided.

(d) Innovative strategies relating to collaboration with children,
child service providers, and survivors of commercial sexual
exploitation regarding prevention, training, and services.

(e) The identification of further barriers and challenges to
preventing and serving commercially sexually exploited children.

begin insert 16524.11. end insert   

This chapter shall become operative on January 1,
2015.

end insert

begin insert

begin insert SEC. 80. end insert   

end insert

begin insert Section 18901.2 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

18901.2.  

(a) It is the intent of the Legislature to create a
program in California that provides a nominal Low-Income Home
Energy Assistance Program (LIHEAP) service benefit, through
the LIHEAP block grant, to all recipient households of CalFresh
so that they are made aware of services available under LIHEAP
and so that some households may experience an increase in federal
Supplemental Nutrition Assistance Program benefits, as well as
benefit from paperwork reduction.

(b) To the extent permitted by federal law, the State Department
of Social Services (DSS) shall, in conjunction with the Department
of Community Services and Development (CSD), design,
implement, and maintain a utility assistance initiative: the “Heat
and Eat” program.

(1) The nominal LIHEAP service benefit shall be funded through
the LIHEAP block grant allocated for outreach activities in
accordance with state and federal requirements, and shall be
provided by the CSD to the DSS after receipt by the CSD of the
LIHEAP block grant funds from the federal funding authorities.

(2) The total amount transferred shall be the product of the
nominal LIHEAP service benefit established by the CSD in the
LIHEAP state plan multiplied by the number of CalFresh recipient
households as agreed upon annually by the CSD and the DSS.

(3) The total amount transferred shall be reduced by any
unexpended or reinvested amounts remaining from prior transfers
for the nominal LIHEAP service benefits as provided in
subparagraph (C) of paragraph (1) of subdivision (c).

(c) In implementing and maintaining the utility assistance
initiative, the State Department of Social Services shall do all of
the following:

(1) (A) Grant recipient households of CalFresh benefits pursuant
to this chapter a nominal LIHEAP service benefit out of the federal
LIHEAP block grant (42 U.S.C. Sec. 8621 et seq.).

(B) In establishing the nominal LIHEAP service benefit amount,
the department shall take into consideration that the benefit level
need not provide significant utility assistance.

(C) Any funds allocated for this purpose not expended by
CalFresh recipient households shall be recouped through the “Heat
and Eat” program and reinvested into the program on an annual
begin delete basis end delete begin insert basis, end insert as determined by both departments.

(2) Provide the nominal LIHEAP service benefit without
requiring the applicant or recipient to provide additional paperwork
or verification.

(3) To the extent permitted by federal law and to the extent
federal funds are available, provide the nominal LIHEAP service
benefit annually to each recipient of CalFresh benefits.

(4) (A) Deliver the nominal LIHEAP service benefit using the
Electronic Benefit Transfer (EBT) system or other nonpaper
delivery system.

(B) Notification of a recipient’s impending EBT dormant
account status shall not be required when the remaining balance
in a recipient’s account at the time the account becomes inactive
is ninety-nine cents ($0.99) or less of LIHEAP service benefits.

(5) Ensure that receipt of the nominal LIHEAP service benefit
pursuant to this section shall not adversely affect a CalFresh
recipient household’s eligibility, reduce a household’s CalFresh
benefits, or disqualify the applicant or recipient of CalFresh
benefits from receiving other nominal LIHEAP service benefits
or other utility benefits for which they may qualify.

(d) Recipients of the nominal LIHEAP service benefit pursuant
to this section shall remain subject to the additional eligibility
requirements for LIHEAP assistance as outlined in the California
LIHEAP state begin delete plan, end delete begin insert plan that is end insert developed by the CSD.

(e) (1) To the extent permitted by federal law, a CalFresh
household receiving or anticipating receipt of nominal LIHEAP
service benefits pursuant to the utility assistance initiative or any
other law shall be entitled to use the full standard utility allowance
(SUA) for the purposes of calculating CalFresh benefits. A
CalFresh household shall be entitled to use the full SUA regardless
of whether the nominal LIHEAP service benefit is actually
redeemed.

(2) If use of the full SUA, instead of the homeless shelter
deduction, results in a lower amount of CalFresh benefits for a
homeless household, the homeless household shall be entitled to
use the homeless shelter deduction instead of the full SUA.

(f)  begin delete The department end delete begin insert This section end insert shall begin delete implement the initiative
by end delete begin insert become inoperative on July 1, 2014, and, as of end insert January 1, begin delete 2013. end delete
begin insert 2015, is repealed, unless a later enacted statute, that becomes
operative on or before January 1, 2015, deletes or extends the
dates on which it becomes inoperative and is repealed. end insert

begin insert

begin insert SEC. 81. end insert   

end insert

begin insert Section 18901.2 is added to the end insert begin insert Welfare and
Institutions Code end insert begin insert , to read: end insert

begin insert

begin insert 18901.2. end insert   

(a) There is hereby created the State Utility
Assistance Subsidy (SUAS), a state-funded energy assistance
program that shall provide energy assistance benefits to eligible
CalFresh households so that the households may receive a
standard utility allowance to be used to help meet its energy costs,
receive information about energy efficiency, and so that some
households may experience an increase in federal Supplemental
Nutrition Assistance Program benefits, as well as benefit from
paperwork reduction.

(b) To the extent required by federal law, the Department of
Community Services and Development shall delegate authority to
the State Department of Social Services to design, implement, and
maintain SUAS as a program created exclusively for purposes of
this section, similar to the federal Low-Income Home Energy
Assistance Program (LIHEAP) (42 U.S.C. Sec. 8621 et seq.).

(c) In designing, implementing, and maintaining the SUAS
program, the State Department of Social Services shall do all of
the following:

(1) Provide households that do not currently qualify for, nor
receive, a standard utility allowance, with a SUAS benefit in an
amount and frequency sufficient to meet federal requirements
specified in Section 2014(e)(6)(C)(iv) of Title 7 of the United States
Code if the household meets either of the following requirements:

(A) The household would become eligible for CalFresh benefits
if the standard utility allowance was provided.

(B) The household would receive increased benefits if the
standard utility allowance was provided.

(2) Provide the SUAS benefit without requiring the applicant
or recipient to provide additional paperwork or verification.

(3) Deliver the SUAS benefit using the Electronic Benefit
Transfer (EBT) system.

(4) Notwithstanding any other law, notification of a recipient’s
impending EBT dormant account status shall not be required when
the remaining balance in a recipient’s account at the time the
account becomes inactive is equal to or less than the value of one
year of SUAS benefits.

(5) Ensure that receipt of the SUAS benefit pursuant to this
section does not adversely affect a CalFresh recipient household’s
eligibility, reduce a household’s CalFresh benefits, or disqualify
the applicant or recipient of CalFresh benefits from receiving
other public benefits, including other utility benefits, for which it
may qualify.

(d) (1) To the extent permitted by federal law, a CalFresh
household that receives SUAS benefits in the month of application
for new cases or in the previous 12 months for existing cases is
entitled to use the full standard utility allowance for the purposes
of calculating CalFresh benefits. A CalFresh household shall be
entitled to use the full standard utility allowance regardless of
whether the SUAS benefit actually is expended by the household.

(2) If use of the full standard utility allowance, instead of the
homeless shelter deduction, results in a lower amount of CalFresh
benefits for a homeless household, the homeless household shall
be entitled to use the homeless shelter deduction instead of the full
standard utility allowance.

(e) This section shall not be implemented until funds are
appropriated for that purpose by the Legislature in the annual
Budget Act or related legislation.

(f) This section shall become operative on July 1, 2014.

end insert

begin insert

begin insert SEC. 82. end insert   

end insert

begin insert Section 18901.5 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

18901.5.  

(a) (1) The department shall establish a program of
categorical eligibility for CalFresh in accordance with Section 5(a)
of the federal Food and Nutrition Act of 2008 (7 U.S.C. Sec.
2014(a)), and implementing regulations, to improve nutrition and
promote the retention and development of assets and resources for
needy households who meet all other federal Supplemental
Nutrition Assistance Program eligibility requirements. Categorical
eligibility for CalFresh shall also apply to any individual who is
a member of a household that will be receiving or is eligible to
receive cash assistance under Part 5 (commencing with Section
17000), or eligible to receive food assistance under Chapter 10.1
(commencing with Section 18930).

(2) The department, to the extent permitted by federal law, shall
design and implement a program of categorical eligibility for
CalFresh for the purpose of establishing the gross income limit
for the federal Temporary Assistance for Needy Families and state
maintenance of effort funded service that confers categorical
eligibility for any household that is categorically eligible pursuant
to paragraph (1), and that includes a member who begin delete receives, or is
eligible to receive, end delete begin insert receives end insert medical assistance under Chapter 7
(commencing with Section 14000) of Part 3.

(b) The director shall implement the program established
pursuant to this section only with the appropriate federal
authorization and if implementation would not result in the loss
of federal financial participation.

(c)  begin delete Notwithstanding the rulemaking provisions end delete begin insert This section
shall become inoperative on July 1, 2014, and, as end insert of begin delete the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code) and Section 10554, until emergency regulations are filed
with the Secretary of State, the State Department of Social Services
may implement the changes made by subdivision (a) through
all-county letters or similar instructions from the director. The
department shall adopt emergency regulations as necessary to
implement those amendments end delete begin insert January 1, 2015, is repealed, unless
a later enacted statute, that becomes operative end insert on or before January
1, begin delete 2010. The program established pursuant to this section shall be
established on end delete begin insert 2015, deletes end insert or begin delete before July 1, 2009, and shall be
fully implemented as to new applicants for CalFresh end delete begin insert extends the
dates end insert on begin delete or before January 1, 2010. end delete begin insert which it becomes inoperative
and is repealed. end insert

begin delete end delete begin delete

(d) The department shall adopt regulations to implement this
section. The adoption, amendment, repeal, or readoption of a
regulation authorized by this section is deemed to address an
emergency, for purposes of Sections 11346.1 and 11349.6 of the
Government Code, and the department is hereby exempted for this
purpose from the requirements of subdivision (b) of Section
11346.1 of the Government Code. The emergency regulations shall
be exempt from review by the Office of Administrative Law. The
department shall adopt final regulations implementing the program
authorized by this section on or before July 1, 2010.

end delete begin delete end delete

begin insert

begin insert SEC. 83. end insert   

end insert

begin insert Section 18901.5 is added to the end insert begin insert Welfare and
Institutions Code end insert begin insert , to read: end insert

begin insert

begin insert 18901.5. end insert   

(a) The department shall establish a program of
categorical eligibility for CalFresh in accordance with Section
5(a) of the federal Food and Nutrition Act of 2008 (7 U.S.C. Sec.
2014(a)), and implementing regulations, to improve nutrition and
promote the retention and development of assets and resources
for needy households who meet all other federal Supplemental
Nutrition Assistance Program eligibility requirements. Categorical
eligibility for CalFresh shall also apply to any individual who is
a member of a household that will be receiving or is eligible to
receive cash assistance under Part 5 (commencing with Section
17000), or eligible to receive food assistance under Chapter 10.1
(commencing with Section 18930).

(b) The director shall implement the program established
pursuant to this section only with the appropriate federal
authorization and if implementation would not result in the loss
of federal financial participation.

(c) This section shall become operative on July 1, 2014.

end insert

begin insert

begin insert SEC. 84. end insert   

end insert

begin insert Section 18906.55 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

18906.55.  

(a)  begin insert (1) end insert begin insert   end insert Notwithstanding Section 18906.5 or any
other law, as a result of the substantial fiscal pressures on counties
created by the unprecedented and unanticipated CalFresh caseload
growth associated with the economic downturn beginning in 2008,
and in order to provide fiscal relief to counties as a result of this
growth, a county that meets the maintenance of effort requirement
pursuant to Section 15204.4 entirely through expenditures for the
administration of CalFresh in the 2010-11, 2011-12, 2012-13,
begin insert 2013-14, end insert and begin delete 2013-14 end delete begin insert 2014-15 end insert fiscal years shall receive the full
General Fund allocation for administration of CalFresh without
paying the county’s share of the nonfederal costs for the amount
above the maintenance of effort required by Section 15204.4.

begin insert

(2) For the 2015-16, 2016-17, and 2017-18 fiscal years, the
waived portion of each county’s share of the nonfederal costs for
the amount above the maintenance of effort required by Section
15204.4 shall be reduced incrementally, so that there will be no
waiver of the county’s share in the 2018-19 fiscal year and each
fiscal year thereafter. The waived portion of the county’s share
shall be 75 percent in the 2015-16 fiscal year, 50 percent in the
2016-17 fiscal year, and 25 percent in the 2017-18 fiscal year of
the amount above the maintenance of effort required by Section
15204.4 that would be required to access the county’s full General
Fund allocation for administration of CalFresh from the state.
Once a county satisfies its maintenance of effort obligation under
Section 15204.4, the department shall grant the county access to
the state funds for which the match is waived. Any county that
expends funds in excess of the amount required to meet the
maintenance of effort required by Section 15204.4 in the 2015-16,
2016-17, and 2017-18 fiscal years shall receive the amount of
General Fund moneys that the county would have otherwise
received based on the nonfederal sharing ratios in Section 18906.5,
up to the county’s full General Fund allocation for that fiscal year.

end insert

(b) The full General Fund allocation for administration of
CalFresh pursuant to subdivision (a) shall equal 35 percent of the
total federal and nonfederal projected funding need for
administration of CalFresh. The methodology used for calculating
those projections shall remain the same as it was for the 2009-10
fiscal year for as long as this section remains in effect.

(c)  begin delete No relief end delete begin insert Relief end insert to the county share of administrative costs
authorized by this section shall begin insert not end insert result in any increased cost to
the General Fund as determined in subdivision (b).

(d) Subdivision (a) shall not be interpreted to prevent a county
from expending funds in excess of the amount required to meet
the maintenance of effort required by Section 15204.4.

(e) This section shall become inoperative on July 1, begin delete 2014, end delete begin insert 2018, end insert
and, as of January 1, begin delete 2015, end delete begin insert 2019, end insert is repealed, unless a later enacted
statute, that becomes operative on or before January 1, begin delete 2015, end delete begin insert 2019, end insert
deletes or extends the dates on which it becomes inoperative and
is repealed.

begin insert

begin insert SEC. 85. end insert   

end insert begin insert

(a) It is the intent of the Legislature that increased
staffing and funding resources for the State Department of Social
Service’s Community Care Licensing Division (CCLD)
appropriated in the Budget Act of 2014 be used to enhance the
CCLD’s structure and improve its operations, including the
recruitment and training of qualified licensing analysts and
managers, and to address the changing nature of licensed facilities.
These quality enhancement measures, once fully implemented, are
intended to improve the underlying foundation of CCLD’s
regulatory operations. It is further the intent of the Legislature,
once these actions are implemented to, over a specified period of
time, increase the frequency of facility inspections resulting in
annual inspections for some or all facility types.

end insert begin insert

(b) During the 2015-16 legislative budget subcommittee
hearings, the State Department of Social Services shall update the
Legislature on the status of the structural and quality enhancement
improvements described in subdivision (a), including all of the
following:

end insert begin insert

(1) The status of CCLD’s filling of the authorized positions
included in the Budget Act of 2014 and current division staffing
levels, filled positions, and vacant positions.

end insert begin insert

(2) A description of the quality enhancement and program
improvement activities implemented to date, and the time frame
for implementing the remaining improvements.

end insert begin insert

(3) Based on the information provided in paragraphs (1) and
(2), and any other relevant factors, an estimated time frame for
beginning a ramp-up to increase the frequency of facility
inspections.

end insert

begin insert

begin insert SEC. 86. end insert   

end insert begin insert

Except as otherwise provided in this act, the
Department of Community Services and Development shall receive
and administer all state and federal funds that are allocated for
programs to provide energy assistance to qualified low-income
individuals, in accordance with subdivision (a) of Section 16367.6
of the Government Code.

end insert

begin insert

begin insert SEC. 87. end insert   

end insert begin insert

The amounts appropriated in Item 5180-111-0001
and Item 5180-111-0890 of Section 2.00 of the Budget Act of 2014
for implementation of regulations promulgated by the federal
Department of Labor shall be available solely for the purpose of
complying with those regulations. In the event that federal
implementation of those regulations is fully or partially postponed
beyond January 1, 2015, the amount of funding appropriated for
purposes of implementing those regulations that no longer is
necessary for that purpose shall be available for other purposes
within the In-Home Supportive Services program, upon 30-day
prior written notification by the Department of Finance to the
Joint Legislative Budget Committee, specifying the amount of
available funding and the alternative purposes for which those
available funds are proposed to be used.

end insert

begin insert

begin insert SEC. 88. end insert   

end insert begin insert

(a) Notwithstanding the rulemaking provisions of
the Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code), the department may implement and administer the changes
made by Sections 1, 64, 67, 68, 69, 70, 72, 73, 74, 75, 77, 79, 80,
and 81 of this act through all-county letters or similar instructions
until regulations are adopted.

end insert begin insert

(b) The department shall adopt emergency regulations
implementing these provisions no later than January 1, 2016. The
department may readopt any emergency regulation authorized by
this section that is the same as, or substantially equivalent to, any
emergency regulation previously adopted pursuant to this section.
The initial adoption of regulations pursuant to this section and
one readoption of emergency regulations shall be deemed to be
an emergency and necessary for the immediate preservation of
the public peace, health, safety, or general welfare. Initial
emergency regulations and the one readoption of emergency
regulations authorized by this section shall be exempt from review
by the Office of Administrative Law. The initial emergency
regulations and the one readoption of emergency regulations
authorized by this section shall be submitted to the Office of
Administrative Law for filing with the Secretary of State and each
shall remain in effect for no more than 180 days, by which time
final regulations shall be adopted.

end insert

begin insert

begin insert SEC. 89. end insert   

end insert begin insert

No reimbursement is required by this act pursuant
to Section 6 of Article XIII B 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 XIII B of the California
Constitution.

end insert begin insert

However, 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.

end insert

begin insert

begin insert SEC. 90. end insert   

end insert begin insert

This act is a bill providing for appropriations related
to the Budget Bill within the meaning of subdivision (e) of Section
12 of Article IV of the California Constitution, has been identified
as related to the budget in the Budget Bill, and shall take effect
immediately.

end insert

begin delete

SECTION 1.  

It is the intent of the Legislature to enact statutory
changes relating to the Budget Act of 2014.

end delete