Bill Text: CA AB1460 | 2013-2014 | Regular Session | Amended
Bill Title: Human services.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Engrossed - Dead) 2014-06-26 - Ordered to inactive file at the request of Senator Corbett. [AB1460 Detail]
Download: California-2013-AB1460-Amended.html
BILL NUMBER: AB 1460 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 13, 2014
INTRODUCED BY Committee on Budget (Skinner (Chair), Bloom, Campos,
Chesbro, Dababneh, Daly, Dickinson, Gordon, Jones-Sawyer, Mullin,
Muratsuchi, Nazarian, Rodriguez, Stone, Ting, and Weber)
JANUARY 9, 2014
An act relating to the Budget Act of 2014.
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, and 18906.55 of, to add Section 11461.3 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.
LEGISLATIVE COUNSEL'S DIGEST
AB 1460, as amended, Committee on Budget. Budget Act of
2014. Human services.
(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.
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.
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.
(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.
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.
(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.
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.
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.
(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.
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.
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.
(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.
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.
(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.
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.
(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.
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.
(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.
(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.
(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.
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.
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.
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.
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.
By expanding the scope of existing crimes, this bill would impose
a state-mandated local program.
(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.
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.
(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.
This bill would, notwithstanding those provisions, adjust the
tribal share of costs commencing July 1, 2014.
(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.
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.
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.
(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.
The bill would modify the number of welfare-to-work participation
hours to conform to certain federal requirements.
(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.
This bill would delay the commencement date of the TAP until
October 1, 2016.
(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.
This bill would increase aid payments by 5% as of April 1, 2015.
(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.
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.
(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.
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.
(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.
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.
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.
(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.
This bill would, effective July 1, 2014, delete those provisions.
(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.
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.
(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.
This bill would require the report to contain specified
information, including the child welfare services social worker
caseloads per county.
(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.
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.
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.
This bill would make these provisions operative on January 1,
2015.
(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.
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.
(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.
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.
(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.
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.
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.
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.
(27) 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.
(28) 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.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
(29) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2014.
Vote: majority. Appropriation: no yes
. Fiscal committee: no yes .
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17415 of the Family
Code is amended to read:
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 of this
code and Section Sections 11477 and
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 as provided
in pursuant to 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) Where Whenever 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 which that 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, where
when 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 United
States Treasury Department for collection in accordance with
federal regulations. The Attorney General, where
when appropriate, shall forward these requests to the
Secretary of Health and Human Services, or a designated
representative.
SEC. 2. Section 1506.5 of the Health
and Safety Code is amended to read:
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 or from a certified family
home 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.
SEC. 3. Section 1520.3 of the Health
and Safety Code is amended to read:
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 or from a certified family home 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.
SEC. 4. Section 1522 of the Health and
Safety Code is amended to read:
1522. The Legislature recognizes the need to generate timely and
accurate positive fingerprint identification of applicants as a
condition of issuing licenses, permits, or certificates of approval
for persons to operate or provide direct care services in a community
care facility, foster family home, or a certified family home 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 facility. facility or certified family
home.
(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, or the issuance of a certificate of
approval of a certified family home by a foster family agency, the
department determines that the licensee or any other person
specified in subdivision (b) has a criminal record, the
license department may be revoked
revoke the license, or require a foster family agency
to revoke the certificate of approval, pursuant to Section
1550. The department may also suspend the license or require a
foster family agency to suspend the certificate of approval
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
facility. facility or certified family home.
(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
facility. facility or certified family home.
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 or certified family
home 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 or certified parent
are not left alone with the foster children. However, the
licensee, licensee or certified parent,
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
licensee, licensee or certified parent, 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 or
other approving authority 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 or
other approving authority 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.
SEC. 5. Section 1523.1 of the Health
and Safety Code is amended to read:
1523.1. (a) (1) 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 follows: follows, subject to
paragraph (2):
Fee Schedule
Initial
Facility Type Capacity Application Annual
Foster Family
and
$2,750 $1,375
Adoption
Agencies
1-15 $165 $83
16-30 $275 $138
31-60 $550 $275
Adult Day
Programs 61-75 $689 $344
76-90 $825 $413
91-120 $1,100 $550
121+ $1,375 $688
1-3 $413 $413
Other Community 4-6 $825 $413
Care Facilities 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
Fee Schedule
Initial
Facility Type Capacity Application Annual
Foster Family
and $3,025 $1,513
Adoption
Agencies
1-15 $182 $91
16-30 $303 $152
31-60 $605 $303
Adult Day
Programs 61-75 $758 $378
76-90 $908 $454
91-120 $1,210 $605
121+ $1,513 $757
1-3 $454 $454
Other Community 4-6 $908 $454
Care Facilities 7-15 $1,363 $681
16-30 $1,815 $908
31-49 $2,270 $1,135
50-74 $2,725 $1,363
75-100 $3,180 $1,590
101-150 $3,634 $1,817
151-200 $4,237 $2,119
201-250 $4,840 $2,420
251-300 $5,445 $2,723
301-350 $6,050
$3,025
351-400 $6,655 $3,328
401-500 $7,865 $3,933
501-600 $9,075 $4,538
601-700 $10,285 $5,143
701+ $12,100 $6,050
(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.
(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.
(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 current
annual fee, in addition to the current 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 current annual fee when any licensee fails to
pay the current 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. 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.
(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.
SEC. 6. Section 1523.2 of the Health
and Safety Code is amended to read:
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 shall may be expended by the
department exclusively for the technical
assistance, training, and education of licensees.
SEC. 7. Section 1533 of the Health and
Safety Code is amended to read:
1533. (a) 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.
(b) (1) Foster family
homes which that 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 complaint.
complaint, a plan of correction, or as set forth in Section 1534.
The unannounced visits complaint
inspection shall not constitute the annual evaluation
visit an inspection as required by Section 1534.
Inspection visits to Announced inspections
of foster family homes required by Section 1534
shall be made during normal business hours, unless the serious nature
of a complaint requires otherwise.
"Normal
(2) business hours," as
As used in this section,
subdivision, "normal business hours" means from 8 a.m. to 5
p.m., inclusive, of each day from Monday to Friday, inclusive, other
than state holidays.
SEC. 8. Section 1534 of the Health and
Safety Code is amended to read:
1534. (a) (1) (A) Except for foster family homes, every
licensed community care facility shall be subject to unannounced
inspections by the department.
(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).
(a)
(2) (1) (A)
Every licensed community care facility shall be subject to
unannounced visits by the department. The department
shall visit may inspect these facilities
as often as necessary to ensure the quality of care provided.
(A)
(B) The department shall conduct an annual unannounced
visit to inspection of 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 evaluation. inspection.
(iii) When an accusation against a licensee is pending.
(iv) When a facility requires an annual visit
inspection 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.
(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).
(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).
(B)
(iii) (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
inspections shall be conducted based on a random
sampling methodology developed by the department.
(ii)
(iv) If the total citations issued by the department
to facilities 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 evaluation inspection under
subparagraph (A). (B). The department
may request additional resources to increase the random sample by 10
percent.
(C)
(v) Under no circumstance The
department shall the department visit
not inspect a licensed community care facility less
often than once every five years.
(D)
(3) 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 public or nonpublic
school. The department shall respect the rights of the child while
conducting the interview, including informing the child that he or
she has the right not to be interviewed and the right to have another
adult present during the interview.
(2)
(4) The department shall notify the community care
facility in writing of all deficiencies in its compliance with the
provisions of this chapter and the rules and regulations adopted
pursuant to this chapter, and shall set a reasonable length of time
for compliance by the facility.
(3)
(5) 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) Nothing in this This section
shall does not limit the authority of
the department to inspect or evaluate a licensed foster family
agency, a certified family home, or any aspect of a program
where in which a licensed community care
facility is certifying compliance with licensing requirements.
(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.
(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:
(i) When a certified family home is on probation.
(ii) When the terms of the agreement in a facility compliance plan
require an annual inspection.
(iii) When an accusation against a certified family home is
pending.
(iv) When a certified family home requires an annual inspection as
a condition of receiving federal financial participation.
(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.
(2)
(3) 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 certified family home. The
family home certified parent or prospective foster
parent shall be afforded the due process provided pursuant to
this chapter.
(3)
(4) If the department requires a foster family agency
to deny or revoke the certificate of approval, the department shall
serve an order of denial or revocation upon the certified or
prospective foster parent and foster family agency that shall notify
the certified or prospective foster parent of the basis of the
department's action and of the certified or prospective foster parent'
s right to a hearing.
(4)
(5) Within 15 days after the department serves an order
of denial or revocation, the certified or prospective foster parent
may file a written appeal of the department's decision with the
department. The department's action shall be final if the certified
or prospective foster parent does not file a written appeal within 15
days after the department serves the denial or revocation order.
(5)
(6) The department's order of the denial or revocation
of the certificate of approval shall remain in effect until the
hearing is completed and the director has made a final determination
on the merits.
(6)
(7) A certified or prospective foster parent who files
a written appeal of the department's order with the department
pursuant to this section shall, as part of the written request,
provide his or her current mailing address. The certified or
prospective foster parent shall subsequently notify the department in
writing of any change in mailing address, until the hearing process
has been completed or terminated.
(7)
(8) Hearings held pursuant to this section 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. In all proceedings conducted in accordance with this
section the standard of proof shall be by a preponderance of the
evidence.
(8)
(9) The department may institute or continue a
disciplinary proceeding against a certified or prospective foster
parent upon any ground provided by this section,
section or Section 1550, enter an order denying or
revoking the certificate of approval, or otherwise take disciplinary
action against the certified or prospective foster parent,
notwithstanding any resignation, withdrawal of application, surrender
of the certificate of approval, or denial or revocation of the
certificate of approval by the foster family agency.
(9)
(10) A foster family agency's failure to comply with
the department's order to deny or revoke the certificate of
employment approval by placing or retaining
children in care shall be grounds for disciplining the licensee
pursuant to Section 1550.
SEC. 9. Section 1546 of the Health and
Safety Code is repealed.
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.
SEC. 10. Section 1546 is added to the
Health and Safety Code , to read:
1546. 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.
SEC. 11. Section 1546.1 is added to the
Health and Safety Code , to read:
1546.1. (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.
SEC. 12. Section 1546.2 is added to the
Health and Safety Code , to read:
1546.2. (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.
SEC. 13. Section 1548.1 is added to the
Health and Safety Code , to read:
1548.1. 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.
SEC. 14. Section 1550 of the Health and
Safety Code is amended to read:
1550. The department may deny an application for, or suspend or
revoke, any license, or any special permit, certificate of
approval, or 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 by the licensee or holder of
a special permit of this chapter or of the rules
and regulations promulgated under this chapter.
chapter by the licensee or holder of a special permit or
certificate.
(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 the people of this state or an individual
in, or receiving services from, the facility or the people
of the State of California. certified family home.
(d) The conviction of a licensee, holder of a special permit
or certificate, or other person mentioned in Section
1522, at any time before or during licensure, of a crime as defined
in Section 1522.
(e) The licensee of any facility facility,
the holder of a special permit or certificate, or
the person providing direct care or supervision knowingly allows any
child to have illegal drugs or alcohol.
(f) Engaging in acts of financial malfeasance concerning the
operation of a facility, facility or
certified family home, including, but not limited to, improper
use or embezzlement of client moneys and property or fraudulent
appropriation for personal gain of facility moneys and property, or
willful or negligent failure to provide services.
SEC. 15. Section 1551 of the Health and
Safety Code is amended to read:
1551. (a) Proceedings for the suspension, revocation, or denial
of a license, registration, special permit, certificate of
approval, 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 license license, special
permit, certificate of approval, or administrator certificate
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.
SEC. 16. Section 1556 of the Health and
Safety Code is amended to read:
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
placement assessment, placement, protective,
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 together with these agencies
and the licensee, if the director determines it to be
appropriate, to locate alternative placement sites
sites, and to contact relatives or other
persons responsible for the care of these clients
residents or residents.
clients, provide onsite evaluation of the residents or clients, and
assist in the transfer of the residents or clients.
(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 physicians and surgeons
appropriate medical personnel 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 physicians and surgeons or other
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 temporary
suspension of a licensee or orders the 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 department may require the licensee or
holder of a special permit shall to do
all of the following:
(1) Prepare and submit to the department a written plan for
the safe and orderly relocation of the client or resident, in a
form acceptable to the department.
(2) Comply with all terms and conditions of the approved
relocation plan.
(3) Provide any other information as may be required by the
department for the proper administration and enforcement of this
section.
SEC. 17. Section 1558 of the Health and
Safety Code is amended to read:
1558. (a) The department may prohibit any person from being a
member of the board of directors, an executive director, or an
officer of a licensee, or a licensee from employing, or continuing
the employment of, or allowing in a licensed facility,
facility or certified family home, or
allowing contact with clients of a licensed facility or
certified family home 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 the people of this state or
an individual in or receiving services from the facility,
facility or the people of the State of
California. certified family home.
(3) Been denied an exemption to work or to be present in a
facility, facility or certified family home,
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 licensee. licensee or
certified family home.
(5) Engaged in acts of financial malfeasance concerning the
operation of a facility, facility or
certified family home, including, but not limited to, improper
use or embezzlement of client moneys and property or fraudulent
appropriation for personal gain of facility moneys and property, or
willful or negligent failure to provide services.
(b) The excluded person, the facility,
facility or certified family home, 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 or
certified family home pending a final decision of the matter,
when, in the opinion of the director, the action is necessary to
protect residents or clients from physical or mental abuse,
abandonment, or any other substantial threat to their health or
safety.
(2) If the department requires the immediate removal of a member
of the board of directors, an executive director, or an officer of a
licensee or exclusion of an employee, prospective employee, or person
who is not a client from a facility,
facility or certified family home, 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 or certified family home 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 facility,
facility or certified family home, or otherwise
take disciplinary action against the excluded person,
notwithstanding any resignation, withdrawal of employment
application, or change of duties by the excluded person, or any
discharge, failure to hire, or reassignment of the excluded person by
the licensee or that the excluded person no longer has contact with
clients at the facility. facility or
certified family home.
(g) A licensee's or certified family home's failure to
comply with the department's exclusion order after being notified of
the order shall be grounds for disciplining the licensee pursuant to
Section 1550.
(h) (1) (A) In cases where the excluded person appealed the
exclusion order, the person shall be prohibited from working in any
facility or being licensed to operate any facility licensed by the
department or from being a certified foster parent for the remainder
of the excluded person's life, unless otherwise ordered by the
department.
(B) The excluded individual may petition for reinstatement one
year after the effective date of the decision and order of the
department upholding the exclusion order pursuant to Section 11522 of
the Government Code. The department shall provide the excluded
person with a copy of Section 11522 of the Government Code with the
decision and order.
(2) (A) In cases where the department informed the excluded person
of his or her right to appeal the exclusion order and the excluded
person did not appeal the exclusion order, the person shall be
prohibited from working in any facility or being licensed to operate
any facility licensed by the department or a certified foster parent
for the remainder of the excluded person's life, unless otherwise
ordered by the department.
(B) The excluded individual may petition for reinstatement after
one year has elapsed from the date of the notification of the
exclusion order pursuant to Section 11522 of the Government Code. The
department shall provide the excluded person with a copy of Section
11522 of the Government Code with the exclusion order.
SEC. 18. Section 1562 of the Health and
Safety Code is amended to read:
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.
(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.
(2) Paragraph (1) shall not apply to a facility manager or staff
member employed at the group home before October 1, 2014.
(3) For purposes of this subdivision, "group home" does not
include a runaway and homeless youth shelter.
SEC. 19. Section 1568.05 of the Health
and Safety Code is amended to read:
1568.05. (a) (1) 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 follows: follows, subject to
paragraph (2):
Fee Schedule
Initial
Capacity Application Annual
1-6 $550 $275 plus $10
1-6 $605 $303 plus
$11 per bed
7-15 $689 $344 plus $10
7-15 $758 $378 plus
$11 per bed
16-25 $825 $413 plus $10
16-25 $908 $454 plus
$11 per bed
26+ $964 $482 plus $10
26+ $1,060 $530 plus
$11 per bed
(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.
(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.
(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 current
annual fee, in addition to the current 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
current established annual fee when any licensee fails to
pay the current 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. 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.
(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.
SEC. 20. Section 1568.07 of the Health
and Safety Code is amended to read:
1568.07. (a) (1) Within 90 days after a facility accepts its
first resident for placement following its initial licensure, the
department shall inspect conduct an
unannounced inspection of 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.
Evaluations Unannounced inspections
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 inspection,
evaluation, inspection 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 or
evaluation 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.
SEC. 21. Section 1569.185 of the Health
and Safety Code is amended to read:
1569.185. (a) (1) 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 follows:
follows, subject to paragraph (2):
Fee Schedule
Initial
Capacity Application Annual
1-3 $413
$413
$454 $454
4-6 $825
$413
$908 $454
7-15 $1,239
$619
$1,363 $681
16-30 $1,650
$825
$1,815 $908
31-49 $2,064
$1,032
$2,270 $1,135
50-74 $2,477
$1,239
$2,725 $1,363
75-100 $2,891
$1,445
$3,180 $1,590
101-150 $3,304
$1,652
$3,634 $1,817
151-200 $3,852
$1,926
$4,237 $2,119
201-250 $4,400
$2,200
$4,840 $2,420
251-300 $4,950
$2,475
$5,445 $2,723
301-350 $5,500 $2,750
301-350 $6,050
351-400 $6,050
$3,025
401-500 $7,150 $3,575
351-400
$6,655 $3,328
501-600 $8,250 $4,125
401-500
$7,865 $3,933
601-700 $9,350 $4,675
501-600
$9,075 $4,538
701+ $11,000 $5,500
601-700
$10,285 $5,143
701+
$12,100 $6,050
(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.
(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.
(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 current
annual fee, in addition to the current 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 current annual fee when any licensee fails to
pay the current 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. The department shall adjust the fees
collected pursuant to this section to ensure that they do not exceed
the costs described in this paragraph.
(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.
SEC. 22. Section 1569.20 of the Health
and Safety Code is amended to read:
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
survey. inspection. If the department
determines that an application is 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 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.
SEC. 23. Section 1569.48 of the Health
and Safety Code is amended to read:
1569.48. A fund An emergency resident
contingency account may be established within the
Technical Assistance Fund established under Section 1523.2 to
which not more than 50 percent of each penalty assessed pursuant to
Section 1569.49 is transmitted to the department
deposited for use by the Community Care Licensing Division
of the department to establish an emergency resident
relocation fund to be utilized department, at the
discretion of the director, for the relocation and care of
residents when a facility's license is revoked or temporarily
suspended, when appropriated by the Legislature.
suspended. The money in the fund
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 residents. The
department shall seek the advice input
of providers stakeholders and local agencies
in developing a state plan policies
for emergency resident relocation. care
and supervision.
SEC. 24. Section 1569.481 is added to the
Health and Safety Code , to read:
1569.481. (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.
SEC. 25. Section 1569.482 is added to the
Health and Safety Code , to read:
1569.482. (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.
SEC. 26. Section 1569.525 of the Health
and Safety Code is amended to read:
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.
(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:
(i) The Office of the State Long-Term Care Ombudsman.
(ii) Any local agency that may have placement or advocacy
responsibility for the residents of a residential care facility for
the elderly.
(b)
(B) The department shall 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 work with these agencies,
and the licensee if the director determines it to be appropriate, to
locate alternative placement sites and to contact relatives
or other persons responsible for the care of these
residents, and to assist in the transfer of residents.
(c)
(2) The department shall use physicians and
surgeons and other medical personnel appropriately
skilled professionals deemed appropriate by the department to
provide onsite evaluation of the residents and assist in any
transfers.
(d)
(3) The department may shall
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.
(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.
(d) Upon an order to temporarily suspend a license, the following
shall apply:
(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.
(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.
(e) Upon an order to revoke a license, except an order to
revoke a license following the temporary suspension of a
license pursuant to Section 1569.50, 1569.50
that led to the transfer of all residents, the
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 person 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 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.
(3)
(f) (A) (1)
Notwithstanding Section 1569.651 or any other provision of
law, for paid preadmission fees in excess of five
hundred dollars ($500), fees, a resident who
transfers from the facility during due to
the 60-day period described in paragraph (1)
notice of tem porary suspension or revocation
of subdivision (e) a license pursuant to this
section is entitled to a refund in accordance with all of the
following:
(i)
(A) A 100-percent refund if preadmission fees were paid
within six months of the either notice
of closure required by paragraph (1). this
section.
(ii)
(B) A 75-percent refund if preadmission fees were paid
more than six months, but not more than 12 months, before
the either notice of closure
required by paragraph (1). this section.
(iii)
(C) A 50-percent refund if preadmission fees were paid
more than 12 months, but not more than 18 months, before the
either notice of closure
required by paragraph (1). this section.
(iv)
(D) A 25-percent refund if preadmission fees were paid
more than 18 months, but not more than 25 months, before the
either notice of closure
required by paragraph (1). this section.
(B)
(2) No preadmission fee refund is required if
preadmission fees were paid 25 months or more before the
either notice of closure
required by paragraph (1). this section.
(C)
(3) The preadmission fee refund required by this
paragraph shall be paid within 15 days of issuing the
either notice of closure
required by paragraph (1). this section.
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 during
due to the 60-day period described in
paragraph (1) revocation of subdivision
(e), a license, and the resident gives notice
at least five days before leaving the facility, or if the
transfer is due to a temporary suspension of the license order,
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.
(5)
(g) Within 10 days 24 hours
after all residents each residence
who are is transferring pursuant
to these provisions have left the facility, the licensee that had his
or her license temporarily suspended or revoked shall,
based on information provided by the resident or the resident's
legal representative, responsible person,
submit a final list of names and new locations of all residents
to the department and the local ombudsman program.
(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:
(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.
(2) Contact the residents' relatives, legal representatives,
authorized agents in a health care directive, or responsible parties.
(3) Assist in the transfer of residents, and, if necessary,
arrange or coordinate transportation.
(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.
(5) Arrange for or coordinate care and supervision.
(6) Arrange for the distribution of medications.
(7) Arrange for the preparation and service of meals and snacks.
(8) Arrange for the preparation of the residents' records and
medications for transfer of each resident.
(9) Assist in any way necessary to facilitate a safe transfer of
all residents.
(10) Check on the status of each transferred resident within 24
hours of transfer.
(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.
(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.
(f)
(k) Nothing in this This
section shall not preclude the department from amending
the effective date in the order of suspension or
revocation of a license and closing the facility
prior to the end of the 60-day notice period provided for in
subdivision (e), facility, or from pursuing any
other available remedies if necessary to protect the health and
safety of the residents in care.
SEC. 27. Section 1569.682 of the Health
and Safety Code is amended to read:
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
6 six 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
subdivision (a), this section, 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
residents. 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. The department shall contact any local agency that
may have placement assessment placement,
protective, or advocacy responsibility for the residents, and
shall work together 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
services. services or the costs incurred in caring for
the residents through the use of a temporary manager as provided for
in Section 1569.481. If the licensee fails to provide the
relocation services required in subdivisions (a) and (b),
this section, 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 Code. 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.
(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.
SEC. 28. Section 1596.803 of the Health
and Safety Code is amended t o read:
1596.803. (a) (1) 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 follows:
follows, subject to paragraph (2):
Fee Schedule
Original Annual
Facility Type Capacity Application Fee
Family Day Care 1-8 $66
$66
$73 $73
9-14 $127
$127
$140 $140
Day Care Centers 1-30 $440
$220
$484 $242
31-60 $880
$440
$968 $484
61-75 $1,100
$550
$1,210 $605
76-90 $1,320
$660
$1,452 $726
91-120 $1,760
$880
$1,936 $968
121+ $2,200
$1,100
$2,420 $1,210
(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.
(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.
(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 current
annual fee, in addition to the current 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 current annual fee when any licensee fails to
pay the current 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. 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.
(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.
SEC. 29. Section 1596.871 of the Health
and Safety Code is amended to read:
1596.871. The Legislature recognizes the need to generate timely
and accurate positive fingerprint identification of applicants as a
condition of issuing licenses, permits, or certificates of approval
for persons to operate or provide direct care services in a child
care center or family child care home. 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 to comply with paragraph
(1) of subdivision (h), prior to the person's employment, residence,
or initial presence in the child day care facility.
(B) These fingerprint images for the purpose of obtaining
a permanent set of fingerprints and related
information shall be electronically submitted to the Department
of Justice 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. A licensee's failure
to submit fingerprint images and related information to
the Department of Justice, Justice or
to comply with paragraph (1) of subdivision (h), as required in this
section, shall result in the citation of a deficiency, and an
immediate assessment of civil penalties in the amount of one hundred
dollars ($100) per violation 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 repeated or
continued violations permitted by Sections 1596.99 and
1597.62. 1597.58. 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 repeated or continued violations, as
permitted by Sections 1596.99 and 1597.62.
1597.58.
(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.
SEC. 30. Section 1796.12 of the Health
and Safety Code is amended to read:
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,
domestic partner, 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 an
a registered home care aide and the department has received and
is processing the individual's complete home care aide application
and fees. nonrefundable application fee.
(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.
(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.
(k)
( l ) "Home care organization
application" means the official form, designated by the department,
to request to become a licensed home care organization.
(l)
(m) "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
or management of a licensed home care organization.
(m)
(n) "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.
(n)
(o) "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.
(o)
(p) "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.
SEC. 31. Section 1796.14 of the Health
and Safety Code is amended to read:
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.
(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:
(1) A family member of the child.
(2) A guardian of the child.
(3) A conservator of the child.
(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.
(5) Nonrelative extended family member, as defined in Section
362.7 of the Welfare and Institutions Code.
(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:
(A) An extended family member of the Indian child, as defined in
Section 1903 of Title 25 of the United States Code.
(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.
(7)
(c) Providing (1)
Home care aides shall not include individuals who are
providing home care services as part of his or her
their job duties through one of the following
entities:
(A) A Services authorized to be provided
by a licensed home health agency licensed
under Chapter 8 (commencing with Section 1725).
(B) A Services authorized to be provided
by a licensed hospice licensed under
pursuant to Chapter 8.5 (commencing with Section 1745).
(C) A Services authorized to be provided
by a licensed health facility licensed under
pursuant to Chapter 2 (commencing with Section 1250).
(D) Any clinic licensed under Sections 1204 or 1204.1.
(E)
(D) A county providing in-home
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, without
regard to whether the county provides these services as a public
authority of, or through a nonprofit
consortium established pursuant to Section 12301.6
of 14132.95, 14132.952, or 14132.956 of, the
Welfare and Institutions Code.
(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).
(F) A clinic licensed pursuant to Section 1204 or 1204.1.
(F)
(G) A home medical device retail facility licensed
under pursuant to Section 111656.
(G)
(H) 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 (Chapter 1 (commencing
with Section 4500) of Division 4.5 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.
(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).
(I) Any An alcoholism or drug abuse
recovery or treatment facility as defined by
in Section 11834.02.
(J) Any other entity providing services similar to those described
in this paragraph, as determined by the director.
(8) Providing services authorized pursuant to Section 2731 of the
Business and Professions Code
(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:
(A) Services authorized to be provided by a licensed home health
agency under Chapter 8 (commencing with Section 1725).
(B) Services authorized to be provided by a licensed hospice
pursuant to Chapter 8.5 (commencing with Section 1745).
(C) Services authorized to be provided by a licensed health
facility pursuant to Chapter 2 (commencing with Section 1250).
(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.
(E)
(J) Services authorized to be provided by one
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 of the following:
(i) A licensed residential care facility for
An extended family member of the elderly pursuant
to Chapter 3.2 (commencing with Indian child, as
defined in Section 1569). 1903 of Title
25 of the United States Code.
(ii) A licensed community care facility
foster home that is licensed, approved, or specified by the Indian
child's tribe pursuant to Chapter 3 (commencing with
Section 1500). Section 1915 of Title 25 of the United
States Code.
(iii) A licensed residential care facility for persons with
chronic life-threatening illness pursuant to Chapter 3.01 (commencing
with Section 1568.01).
(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).
(2) Home care aides shall not include individuals providing
services authorized to be provided pursuant to Section 2731 of the
Business and Professions Code.
(d) Home care aides shall not include a nonrelative extended
family member, as defined in Section 362.7 of the Welfare and
Institutions Code.
(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.
SEC. 32. Section 1796.16 of the Health
and Safety Code is amended to read:
1796.16. (a) 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 section
chapter 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 Facilities
Act (Chapter 3.4 (commencing with Section 1596.70)), which
includes Chapter 3.5 (commencing with Section 1596.90),
and Chapter 3.6 (commencing with Section
1597.30). 1597.30), and Chapter 3.65 (commencing with
Section 1597.70).
(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)).
SEC. 33. Section 1796.17 of the Health
and Safety Code is amended to read:
1796.17. (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.
(b) A home care organization shall not
include the following:
(a)
(1) A home health agency licensed under Chapter 8
(commencing with Section 1725).
(b)
(2) A hospice licensed under Chapter 8.5 (commencing
with Section 1745).
(c)
(3) A health facility licensed under Chapter 2
(commencing with Section 1250).
(d)
(4) A county providing in-home supportive
person who performs services through the
In-Home Supportive Services program pursuant to Article 7
(commencing with Section 12300) of Chapter 3 of Part 3 of Division 9
of the Welfare and Institutions Code, without regard to
whether the county provides these services as a public authority
of, or through a nonprofit consortium
established pursuant to Section 12301.6 of
14132.95, 14132.952, or 14132.956 of, the
Welfare and Institutions Code.
(e)
(5) A home medical device retail facility licensed
under Section 111656.
(f)
(6) 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.
(g)
(7) 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.
(h) A residential care facility for the elderly licensed under
Chapter 3.2 (commencing with Section 1569).
(i)
(8) A community care facility licensed under
pursuant to Chapter 3 (commencing with Section
1500), or a residential care facility for persons
with chronic life-threatening illness licensed under
pursuant to Chapter 3.01 (commencing with
Section 1568.01). 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).
(j)
(9) An person alcoholism
or 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), drug
abuse recovery or a family day care home licensed
under Chapter 3.6 (commencing with treatment facility
as defined in Section 1597.30).
11834.02.
(10) A person providing services authorized pursuant to Section
2731 of the Business and Professions Code.
(11) A clinic licensed pursuant to Section 1204 or 1204.1.
(12) A nonrelative extended family member, as defined in Section
362.7 of the Welfare and Institutions Code.
(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:
(A) An extended family member of the Indian child, as defined in
Section 1903 of Title 25 of the United States Code.
(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.
(14) Any other individual or entity providing services similar to
those described in this chapter, as determined by the director.
(c) In the event of a conflict between this chapter and a
provision listed in subdivision (b), the provision in subdivision (b)
shall control.
SEC. 34. Section 1796.19 of the Health
and Safety Code is amended to read:
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
independent home care aide applicant or
the affiliated home care aide applicant 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
independent home care aide applicant or the
affiliated home care aide applicant 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
or the affiliated home care aide applicant's criminal
offender record information pursuant to Section 1522.
(3) Disclosure of any Any revocation
or other disciplinary action taken, or in the process of being
taken, related to the care of individuals against the
independent home care aide applicant or the
affiliated home care aide applicant.
(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.
(5)
(4) 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.
SEC. 35. Section 1796.22 of the Health
and Safety Code is amended to read:
1796.22. Any individual who has submitted an
a home care aide 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.
SEC. 36. Section 1796.23 of the Health
and Safety Code is amended to read:
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 State Department of Social Services,
department, unless exempt under subdivision (d).
Each person initiating a background examination to be a registered
home care aide shall also submit to the State Department of
Social Services department 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. The fee
revenues shall be deposited in the Fingerprint Fees Account.
(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 State Department of Social Services,
department, a certified foster parent, a
certified administrator, or a registered TrustLine provider need not
submit fingerprints to the State Department of Social
Services department, 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 State Department of Social Services,
department, 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.
SEC. 37. Section 1796.24 of the Health
and Safety Code is amended to read:
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 aid
aide application and fingerprints or other
identification documents pursuant to Section 1796.23,
1796.22, 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 1558.1.
1796.40 or 1796.41.
(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 home care aide 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 an "independent
a "registered home care aide" or an
"affiliated home care aide." If the home care aide
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 home care aide 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 an a home care organization
applicant or a home care organization licensee to request
the transfer of a home care aide's current criminal record
clearance or exemption for a licensed care facility issued by the
department or a county with delegated licensing authority.
department. 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 licensee, who shall enclose a self-addressed
envelope for this purpose, licensee or home care aide
applicant, the State Department of Social Services
department shall verify whether the individual
has a clearance or exemption that can be transferred pursuant to the
requirements of this chapter.
(3) The State Department of Social Services
department 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.
SEC. 38. Section 1796.25 of the Health
and Safety Code is amended to read:
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 independent
home care aide applicant, the independent home
care aide, the affiliated home care aide applicant,
applicant or the affiliated registered
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 independent home
care aide applicant, independent home care aide, affiliated
home care aide applicant, or affiliated
registered 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 aide, or revoke
the home care aide registration, 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 aide
aide, by written notification, of the right to appeal. The
home care aide applicant or registered home care aide shall have 15
days from the date of the written notification 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 by the department in
regulation, not to exceed one year. Sections
1796.40 and 1796.41.
SEC. 39. Section 1796.26 of the Health
and Safety Code is amended to read:
1796.26. (a) (1) The department may revoke or deny a registered
home care aide's registration or request for registration renewal if
any of the following apply to the registered
home care aide does any of the following:
aide:
(A) Procures He or attempts
she procured or attempted to procure his or her
registered home care aide registration or renewal by fraud or
misrepresentation.
(B) Knowingly makes or gives any false statement or information in
conjunction with the registered home care aide application or
renewal application.
(C)
(B) Has He or she has a
criminal conviction, other than a minor traffic violation,
unless an exemption is granted pursuant to Section 1522.
(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.
(E) Violates this chapter or of the rules or regulations
promulgated under this chapter.
(F) Aids, abets, or permits the violation of this chapter or of
the rules and regulations promulgated under this chapter.
(G)
(C) Engages He or
she engages or has engaged in conduct which is inimical to the
health, morals, welfare, or safety of the people of the
state State of California or an individual
receiving or seeking to receive home care services.
(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.
(2) An individual whose registered home care aide
registration has been revoked shall not reapply until he or
she meets the timeframe as set forth in Section 1558.1.
1796.40 or 1796.41.
(3) An individual whose registered home care aide
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, 1596.608, 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 Section 1558.1.
Sections 1796.40 and 1796.41.
(c) A registered home care aide's registration shall not be
transferred or sold to another individual or entity.
SEC. 40. Section 1796.29 of the Health
and Safety Code is amended to read:
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,
and registration expiration date.
date, and, if applicable, the home care organization with which the
affiliated home care aide is associated.
(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.
SEC. 41. Section 1796.31 of the Health
and Safety Code is amended to read:
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 nonrefundable 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 fees, the nonrefundable
renewal fee, 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,
a failure "failure to cooperate
cooperate" 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.
(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.
(c)
(2) A revoked registered home care aide's
registration is subject Written notification pursuant
to expiration as provided for in this
section. If reinstatement of subdivision
shall be mailed to the registered home care aide's
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 mailing address of
record at least 60 days before the time of its
revocation. registration expiration date.
SEC. 42. Section 1796.33 of the Health
and Safety Code is amended and renumbered to read:
1796.33. 1796.32. 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.
SEC. 43. Section 1796.34 of the Health
and Safety Code is amended and renumbered to read:
1796.34. 1796.33. 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 or owners of the home care
organization, if the owners are individuals.
owner is an individual.
(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
interest ownership in that entity.
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.
SEC. 44. Section 1796.35 of the Health
and Safety Code is amended and renumbered to read:
1796.35. 1796.34. (a) A person or a
private or public organization, with the exception of a
county providing any person who performs in-home
supportive services through the In-Home Supportive Services
program pursuant to Article 7 (commencing with Section 12300)
of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions
Code, or Section 14132.95, 14132.952, or 14132.956 of the
Welfare and Institutions Code, and the exceptions
provided for in subdivision (b), shall not do any of the following,
unless it is licensed under pursuant to
this chapter:
(1) Represent Own, manage, or represent
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) A county providing Any person who
performs in-home supportive services through the In-Home
Supportive Services program pursuant to Article 7 (commencing
with Section 12300) of Chapter 3 of Part 3 of Division 9 of
of, or Section 14132.95, 14132.952, or 14132.956 of,
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 affiliated independent home
care aide who provides home care to clients.
SEC. 45. Section 1796.36 of the Health
and Safety Code is amended and renumbered to read:
1796.36. 1796.35. (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.
(2) Impose the civil penalty described in subdivision (b).
(3)
(2) 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.
SEC. 46. Section 1796.37 of the Health
and Safety Code is amended and renumbered to read:
1796.37. 1796.36. (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 licensing agency.
department.
(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 licensing agency.
department.
SEC. 47. Section 1796.38 of the Health
and Safety Code is amended and renumbered to read:
1796.38. 1796.37. (a)
The department may issue a home care organization license
to an individual or other entity a home care
organization applicant that satisfies all of
the requirements set forth in this chapter, including all of the
following:
(a)
(1) Files a complete home care organization
application, including the fees required pursuant to Section 1796.49.
(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.
(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.
(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.
(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.
(6) Passes a background examination, as required pursuant to
Section 1796.33.
(7) Completes a department orientation.
(8) Does not have any outstanding fees or civil penalties due to
the department.
(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:
(A) A community care facility, as defined in Section 1502.
(B) A residential care facility, as defined in Section 1568.01.
(C) A residential care facility for the elderly, as defined in
Section 1569.2.
(D) A child day care facility, as defined in Section 1596.750.
(E) A day care center, as described in Chapter 3.5 (commencing
with Section 1596.90).
(F) A family day care home, as described in Chapter 3.6
(commencing with Section 1597.30).
(G) An employer-sponsored child care center, as described in
Chapter 3.65 (commencing with Section 1597.70).
(H) A home care organization licensed pursuant to this chapter.
(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).
(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.
(12) Provides any other information as may be required by the
department for the proper administration and enforcement of this
chapter.
(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.
(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:
(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.
(b)
(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.
(c)
(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.
(d)
(4) Provides the department, upon request,
Submits proof of an employee dishonesty bond,
including third-party coverage, with a
complete list minimum limit of its
affiliated home care aides, and proof that each satisfies the
requirements of Section 1796.43. ten thousand dollars
($10,000).
(5) Does not have any outstanding fees or civil penalties due to
the department.
(6) Provides any other information as may be required by the
department for the proper administration and enforcement of this
chapter.
(e)
(7) The owner or owners
Cooperates with the department in the completion of the home
care organization pass a background examination, as required
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 pursuant
to Section 1796.34. this chapter has not been
provided, or not provided in the form requested by the department,
or both.
(c) (1) The department shall notify a licensed home care
organization in writing of its registration expiration date and the
process of renewal.
(f)
(2) The applicant does not have any
outstanding fees or civil penalties due to the department.
Written notification pursuant to this subdivision shall be
mailed to the registered home care organization's mailing address of
record at least 60 days before the registration expiration date.
SEC. 48. Section 1796.38 is added to the
Health and Safety Code , to read:
1796.38. 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.
SEC. 49. Section 1796.39 of the Health
and Safety Code is repealed.
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.
SEC. 50. Section 1796.40 is added to the
Health and Safety Code , to read:
1796.40. (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.
SEC. 51. Section 1796.41 of the Health
and Safety Code is amended and renumbered to read:
1796.41. 1796.42. A home care
organization licensee shall do all of the following:
(a) Post its license license, business
hours, and business hours any other
information required by the department 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).
(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.
(d)
(e) Report any suspected or known dependent
adult or elder 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.
SEC. 52. Section 1796.41 is added to the
Health and Safety Code , to read:
1796.41. (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.
SEC. 53. Section 1796.42 of the Health
and Safety Code is amended and renumbered to read:
1796.42. 1796.43. (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 Section
1796.23 Sections 1796.23, 1796.24, 1796.25, 1796.26,
and 1796.28 before being hired. there is
contact with clients or prospective clients or access to
confidential client information.
(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.
SEC. 54. Section 1796.44 of the Health
and Safety Code is amended to read:
1796.44. (a) A home care organization 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 on
department-approved job-related topics described in
subdivisions (b) and (c) may be completed through an online training
program.
SEC. 55. Section 1796.45 of the Health
and Safety Code is amended to read:
1796.45. (a) An individual hired to be an affiliated
Affiliated home care aide
aides hired on or after January 1, 2015,
2016, shall be submitted
submit 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 he or she
the licensee obtains documentation from a licensed medical
professional that there is no risk of spreading the disease.
(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.
(d)
(c) 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.
(e)
(d) After the each
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.
(f)
(e) The examination is a condition of initial and
continuing employment with the home care organization. The
affiliated home care aide shall pay the cost of the examination.
(g)
(f) 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 showing.
showing and a copy of the certificate is provided to
the new home care organization prior to the affiliated home care aide
beginning employment.
SEC. 56. Section 1796.47 of the Health
and Safety Code is amended to read:
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
Fund. Fund, except the fingerprint fees
collected pursuant to Section 1796.23, which shall be deposited into
the Fingerprint Fees Account. Moneys in this fund shall, upon
appropriation by the Legislature, be made available to the department
for purposes of administering this chapter.
(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.
SEC. 57. Section 1796.48 of the Health
and Safety Code is amended to read:
1796.48. (a) The department may charge an
a nonrefundable application and nonrefundable
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. 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.
(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
under pursuant to this chapter.
(c) The fees collected shall be deposited into the Home Care Fund
pursuant to subdivision (b) of Section 1796.47.
1796.47, except the fingerprint fees collected pursuant to
Section 1796.23, which shall be deposited into the Fingerprint Fees
Account.
SEC. 58. Section 1796.49 of the Health
and Safety Code is amended to read:
1796.49. (a) A home care organization licensee
shall pay the following fees:
(1) A nonrefundable 24-month initial license fee, as
prescribed by the department, for a new home care
organization licensee not currently licensed to provide
home care services in the state.
(2) Two-year A two-year nonrefundable
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 1796.47.
1796.47, except the fingerprint fees collected pursuant to
Section 1796.23, which shall be deposited into the Fingerprint Fees
Account.
SEC. 59. Section 1796.52 of the Health
and Safety Code is amended to read:
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 under pursuant to
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 under
pursuant to 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.
(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.
SEC. 60. Section 1796.55 of the Health
and Safety Code is amended to read:
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 under pursuant to
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 under pursuant to 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
under pursuant to 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 under pursuant to
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
corrected, or action is taken to suspend, revoke, or deny renewal of
the license, whichever comes first. corrected.
(d) The department shall adopt regulations establishing procedures
for notices, correction plans, appeals, and hearings.
SEC. 61. Section 1796.56 of the Health
and Safety Code is repealed.
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.
SEC. 62. Section 1796.61 of the Health
and Safety Code is amended to read:
1796.61. (a) This chapter shall
become operative be implemented on January 1,
2015. 2016.
(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.
(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.
SEC. 63. Section 1796.63 of the Health
and Safety Code is amended to read:
1796.63. (a) 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).
(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.
(b) The department's authority to implement and administer this
section chapter through written
directives shall expire no later than 12 months after the
written directives are promulgated and posted on a public Internet
Web site, January 1, 2018, 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.
(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.
SEC. 64. Section 300 of the Welfare and
Institutions Code is amended to read:
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) (1) 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.
(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.
(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.
SEC. 65. Section 10104 of the Welfare
and Institutions Code is amended to read:
10104. (a) 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 evaluated,
evaluated 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.
(a)
(b) 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
site, site a summary of outcome and
expenditure data that allows for monitoring of changes over time.
(b)
(c) 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 paragraph (9) (16)
of subdivision (f) of Section 30025 of the Government Code. 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.
(c)
(d) 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.
SEC. 66. Section 10553.11 of the
Welfare and Institutions Code is amended to read:
10553.11. (a) Effective July 1, 2011, notwithstanding any other
provision of 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.
(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:
(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.
(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 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.
(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.
(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.
(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, 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.
(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).
(b)
(c) 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.
(c)
(d) 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.
SEC. 67. Section 11320.32 of the
Welfare and Institutions Code is amended to read:
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, 2014.
2016.
(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.
Nothing in this This section
modifies does not modify 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.
SEC. 68. Section 11322.8 of the Welfare
and Institutions Code is amended to read:
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 an average of at least 30
hours each week. per week during the month.
(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 an average of at least 20
hours each week. per week during the month.
(2) An adult recipient who is an unemployed parent, as defined in
Section 11201, shall participate in for an
average of at least 35 hours of welfare-to-work activities
each week. per week during the month.
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
an average of at least 30 hours per week,
week during the month, subject to the special
rules and limitations described in Section 607(c)(1)(A) of Title 42
of the United States Code as of the operative date of this
section, as provided in subdivision (c). January 1,
2013.
(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 an average of at
least 20 hours each week, per week
during the month, as described in Section 607(c)(2)(B) of Title
42 of the United States Code as of the operative date of
this section, as provided in subdivision (c). January
1, 2013.
(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 an average of at least 35
hours per week, week during the month,
subject to the special rules and limitations described in Section 607
(c)(1)(B) of Title 42 of the United States Code as of the
operative date of this section, as provided in subdivision (c).
January 1, 2013.
(c) This section shall become operative on January 1, 2013.
SEC. 69. Section 11325.24 of the
Welfare and Institutions Code is amended to read:
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.
(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.
(e)
(f) 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.
(f)
(g) This section shall become operative on
January 1, 2014. 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.
SEC. 70. Article 3.3 (commencing with Section
11330) is added to Chapter 2 of Part 3 of Division 9 of the
Welfare and Institutions Code , to read:
Article 3.3. CalWORKs Housing Support
11330. 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.
11330.5. (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-sufficieny 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.
SEC. 71. Section 11402.4 of the Welfare
and Institutions Code is amended to read:
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 paragraph (1) of
subdivision (a) of 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.
SEC. 72. Section 11450.025 of the
Welfare and Institutions Code is amended to read:
11450.025. (a) (1) 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.
(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.
(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 increase
increases 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 cost the costs
to cover the costs of increases to maximum aid
payments made pursuant to this section.
SEC. 73. Section 11460 of the Welfare
and Institutions Code is amended to read:
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.
(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.
SEC. 74. Section 11461.3 is added to the
Welfare and Institutions Code , to read:
11461.3. (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.
SEC. 75. Section 11477 of the Welfare
and Institutions Code is amended to read:
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 as provided in
pursuant to 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, where if 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 information, information
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 all of 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.
(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.
(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.
SEC. 76. Chapter 5.2 (commencing with Section
16524.6) is added to Part 4 of Division 9 of the Welfare
and Institutions Code , to read:
CHAPTER 5.2. COMMERCIALLY SEXUALLY EXPLOITED CHILDREN PROGRAM
16524.6. 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.
16524.7. (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.
16524.8. (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.
16524.9. 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.
16524.10. 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.
16524.11. This chapter shall become operative on January 1, 2015.
SEC. 77. Section 18901.2 of the
Welfare and Institutions Code is amended to
read:
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 basis
basis, 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 plan, plan that is
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) The department This section
shall implement the initiative by become
inoperative on July 1, 2014, and, as of January 1,
2013. 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.
SEC. 78. Section 18901.2 is added to the
Welfare and Institutions Code , to read:
18901.2. (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.
SEC. 79. Section 18901.5 of the Welfare
and Institutions Code is amended to read:
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 receives,
or is eligible to receive, receives 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) Notwithstanding the rulemaking provisions
This section shall become inoperative on July 1, 2014, and, as
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) 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 January 1, 2015, is
repealed, unless a later enacted statute, that becomes operative
on or before January 1, 2010. The program established
pursuant to this section shall be established on 2015,
deletes or before July 1, 2009, and shall be fully
implemented as to new applicants for CalFresh extends
the dates on or before January 1, 2010.
which it becomes inoperative and is repealed.
(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.
SEC. 80. Section 18901.5 is added to the
Welfare and Institutions Code , to read:
18901.5. (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.
SEC. 81. Section 18906.55 of the
Welfare and Institutions Code is amended to read:
18906.55. (a) (1) 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, 2013-14, and 2013-14
2014-15 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.
(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.
(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) No relief Relief to the county
share of administrative costs authorized by this section shall
not 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,
2014, 2018, and, as of January 1, 2015,
2019, is repealed, unless a later enacted
statute, that becomes operative on or before January 1,
2015, 2019, deletes or extends the dates on
which it becomes inoperative and is repealed.
SEC. 82. (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.
(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:
(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.
(2) A description of the quality enhancement and program
improvement activities implemented to date, and the time frame for
implementing the remaining improvements.
(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.
SEC. 83. 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.
SEC. 84. (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,
76, 77, and 78 of this act through all-county letters or similar
instructions until regulations are adopted.
(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.
SEC. 85. 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.
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.
SEC. 86. 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.
SECTION 1. It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2014.
