Bill Text: CA AB1467 | 2015-2016 | Regular Session | Introduced
Bill Title: Care facilities: civil penalties.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1467 Detail]
Download: California-2015-AB1467-Introduced.html
BILL NUMBER: AB 1467 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Bloom
FEBRUARY 27, 2015
An act to amend Sections 1548, 1568.0822, 1569.49, 1596.99, and
1597.58 of the Health and Safety Code, relating to care facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 1467, as introduced, Bloom. Care facilities: civil penalties.
Existing law establishes the State Department of Social Services
and sets forth its powers and duties, including, but not limited to,
the licensure and regulation of community care facilities,
residential care facilities for persons with chronic life-threatening
illnesses, residential care facilities for the elderly, day care
centers, and family day care homes. Existing law authorizes the
department to impose various civil penalties for a licensing
violation under those provisions, as specified, and requires moneys
collected from the imposition of those penalties to be expended for
certain purposes. Existing law establishes a process for the appeal
of a citation under these provisions.
This bill would increase the amount of civil penalties to be
imposed for a licensing violation under those provisions, and would
impose civil penalties for a repeat violation of those provisions, as
specified. The bill would delete the provisions that authorize the
department to impose those civil penalties, and instead require the
imposition of those civil penalties under those provisions. The bill
would also delete a requirement that moneys collected from the
imposition of certain penalties be used for assisting families with
the identification, transportation, and enrollment of children in
another day care or family day care home upon the revocation or
suspension of the license of a day care or family day care home.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1548 of the Health and Safety Code, as added by
Section 2 of Chapter 813 of the Statutes of 2014, is amended to
read:
1548. (a) In addition to the suspension, temporary suspension, or
revocation of a license issued under this chapter, the department
may shall levy a civil penalty.
(b) (1) The amount of the civil penalty
shall not be less than twenty-five dollars ($25) or more
than fifty dollars ($50) be one hundred
seventy-five dollars ($175) per day for each violation of this
chapter except where the nature or seriousness of the violation or
the frequency of the violation warrants a higher penalty or an
immediate civil penalty assessment, or both, as determined
by the department. In no event, shall a civil penalty assessment
exceed one hundred fifty dollars ($150) per day per violation
provided in this chapter .
(2) Notwithstanding any right to correct a deficiency before
imposition of a civil penalty, any agency or facility that repeats a
violation specified in paragraph (1) within 12 months of a prior
violation shall be subject to an immediate civil penalty of five
hundred dollars ($500) per violation and one hundred dollars ($100)
for each day the violation continues after citation for facilities
licensed to care for six or less persons, or an immediate civil
penalty of one thousand dollars ($1,000) per violation and two
hundred dollars ($200) for each day the violation continues after
citation for facilities licensed to care for seven or more persons or
for agencies without a capacity limitation indicated on the license.
(c) Notwithstanding Section 1534 any right
to correct a deficiency before imposition of a civil penalty ,
the department shall assess an immediate civil penalty of one
hundred fifty thousand dollars
($150) ($1,000) per day per
violation and two hundred dollars ($200) for each day the
violation continues after citation for facilities licensed to care
for six or less persons, or an immediate civil penalty of
two thousand dollars ($2,000) per violation and four hundred dollars
($400) for each day the violation continues after citation for
facilities licensed to care for seven or more persons or for agencies
without a capacity limitation, for any of the following
serious violations:
(1) (A) Fire clearance violations, including, but not limited to,
overcapacity, ambulatory status, inoperable smoke alarms, and
inoperable fire alarm systems. The civil penalty shall not be
assessed if the licensee has done either of the following:
(i) Requested the appropriate fire clearance based on ambulatory,
nonambulatory, or bedridden status, and the decision is pending.
(ii) Initiated eviction proceedings.
(B) A licensee denied a clearance for bedridden residents may
appeal to the fire authority, and, if that appeal is denied, may
subsequently appeal to the Office of the State Fire Marshal, and
shall not be assessed an immediate civil penalty until the final
appeal is decided, or after 60 days has passed from the date of the
citation, whichever is earlier.
(2) Absence of supervision, as required by statute or regulation.
(3) Accessible bodies of water when prohibited in this chapter or
regulations adopted pursuant to this chapter.
(4) Accessible firearms, ammunition, or both.
(5) Refused entry to a facility or any part of a facility in
violation of Section 1533, 1534, or 1538.
(6) The presence of an excluded a
person subject to a department Order of Exclusion on the
premises.
(d) Notwithstanding any right to correct a deficiency before
imposition of a civil penalty, any agency or facility that repeats a
violation specified in subdivision (c) within 12 months of a prior
violation shall be subject to an immediate civil penalty of two
thousand dollars ($2,000) per violation and one thousand five hundred
dollars ($1,500) for each day the violation continues after citation
for facilities licensed to care for six or less persons, or an
immediate civil penalty of four thousand dollars ($4,000) per
violation and three thousand dollars ($3,000) for each day the
violation continues after citation for facilities licensed to care
for seven or more persons or for agencies without a capacity
limitation.
(d)
(e) (1) For In
addition to the imposition of a civil penalty for the
underlying violation, for a violation that the department
determines resulted in the death of a resident at an adult
residential facility, social rehabilitation facility, enhanced
behavioral supports home licensed as an adult residential
facility, adult residential facility for persons with special health
care needs , or community crisis home, the
a civil penalty shall be fifteen thousand dollars
($15,000). assessed as follows:
(A) Five thousand dollars ($5,000) for facilities licensed to care
for six or less persons.
(B) Fifteen thousand dollars ($15,000) for facilities licensed to
care for seven or more persons.
(2) For In addition to the imposition of a
civil penalty for the underlying violation, for a violation
that the department determines resulted in the death of a person
receiving care at an adult day program, the a
civil penalty shall be assessed as follows:
(A) Seven thousand five hundred dollars ($7,500) for a
licensee facilities licensed , among
all of the licensee's facilities, to care for 50 or less
persons.
(B) Ten thousand dollars ($10,000) for a licensee
facilities licensed , among all of the
licensee's facilities, to care for more than 50
51 or more persons.
(3) For In addition to the imposition of a
civil penalty for the underlying violation, for a violation
that the department determines resulted in the death of a person
receiving care at a therapeutic day services facility,
foster family agency, community treatment facility,
full-service adoption agency, noncustodial adoption agency,
transitional shelter care facility, transitional housing
placement provider, or small family home,
crisis nursery, group home, the or an
enhanced behavioral supports home licensed as a group home, a
civil penalty shall be assessed as follows:
(A) Seven thousand five hundred dollars ($7,500) for a
licensee facilities licensed , among
all of the licensee's facilities, to care for 40
12 or less children.
(B) Ten thousand dollars ($10,000) for a licensee licensed, among
all of the licensee's facilities, to care for 41 to 100, inclusive,
children.
(C)
(B) Fifteen thousand dollars ($15,000) for
a licensee facilities licensed
, among all of the licensee's facilities, to care for more
than 100 12 children.
(4) For In addition to the imposition of a
civil penalty for the underlying violation, for a violation
that the department determines resulted in the death of a
resident youth receiving care at a runaway and
homeless youth shelter licensed as a group home , the
civil penalty shall be five thousand dollars ($5,000).
(5) In addition to the imposition of a civil penalty for the
underlying violation, for a violation that the department determines
resulted in the death of a child receiving care through a foster
family agency, the civil penalty shall be seven thousand five hundred
dollars ($7,500).
(6) In addition to the imposition of a civil penalty for the
underlying violation, for a violation that the department determines
resulted in the death of an individual receiving care or services
through a full-service or noncustodial adoption agency, the civil
penalty shall be seven thousand five hundred dollars ($7,500).
(e)
(f) (1) (A) For In
ad dition to the imposition of a civil penalty for the
underlying violation, for a violation that the department
determines constitutes physical abuse, as defined in Section 15610.63
of the Welfare and Institutions Code, or resulted in serious bodily
injury, as defined in Section 243 of the Penal Code, to a resident at
an adult residential facility, social rehabilitation facility,
enhanced behavioral supports home licensed as an adult
residential facility, adult residential facility for persons with
special health care needs , or community crisis home,
the a civil penalty shall be ten
thousand dollars ($10,000). assessed as follows:
(i) Two thousand five hundred dollars ($2,500) for facilities
licensed to care for six or less persons.
(ii) Ten thousand dollars ($10,000) for facilities licensed to
care for seven or more persons.
(B) For In addition to the imposition of a
civil penalty for the underlying violation, for a violation
that the department determines constitutes physical abuse, as defined
in Section 15610.63 of the Welfare and Institutions Code, or
resulted in serious bodily injury, as defined in Section 243 of the
Penal Code, to a person receiving care at an adult day program,
the a civil penalty shall be assessed
as follows:
(i) Two thousand five hundred dollars ($2,500) for a
licensee facilities licensed , among
all of the licensee's facilities, to care for 50 or less
persons.
(ii) Five thousand dollars ($5,000) for a licensee
facilities licensed , among all of the
licensee's facilities, to care for more than 50 persons.
(C) For In addition to the imposition of a
civil penalty for the underlying violation, for a violation
that the department determines constitutes physical abuse, as defined
in paragraph (2), or resulted in serious bodily injury, as defined
in Section 243 of the Penal Code, to a person receiving care at a
therapeutic day services facility, foster family agency,
community treatment facility , full-service
adoption agency, noncustodial adoption agency, transitional
shelter care facility, transitional housing placement provider,
or small family home, crisis nursery,
group home, the or an enhanced behavioral
supports home licensed as a group home, a civil penalty shall
be assessed as follows:
(i) Two thousand five hundred dollars ($2,500) for a
licensee facilities licensed , among
all of the licensee's facilities, to care for 40
12 or less children.
(ii) Five thousand dollars ($5,000) for a licensee licensed, among
all of the licensee's facilities, to care for 41 to 100, inclusive,
children.
(iii)
(ii) Ten thousand dollars ($10,000) for
a licensee facilities licensed
, among all of the licensee's facilities, to care for more
than 100 12 children.
(D) For In addition to the imposition of a
civil penalty for the underlying violation, for a violation
that the department determines constitutes physical abuse, as defined
in paragraph (2), or resulted in serious bodily injury, as defined
in Section 243 of the Penal Code, to a resident
youth receiving care at a runaway and homeless youth
shelter, the civil penalty shall be one thousand dollars ($1,000).
(E) In addition to the imposition of a civil penalty for the
underlying violation, for a violation that the department determines
constitutes physical abuse, as defined in paragraph (2), or resulted
in serious bodily injury, as defined in Section 243 of the Penal
Code, to a child receiving care through a foster family agency, the
civil penalty shall be two thousand five hundred dollars ($2,500).
(F) In addition to the imposition of a civil penalty for the
underlying violation, for a violation that the department determines
constitutes physical abuse, as defined in paragraph (2), or resulted
in serious bodily injury, as defined in Section 243 of the Penal
Code, to an individual receiving care or services through a
full-service or noncustodial adoption agency, the civil penalty shall
be two thousand five hundred dollars ($2,500).
(2) For purposes of subparagraphs (C) and
(C), (D), (E), and (F), "physical abuse" includes
physical injury inflicted upon a child by another person by other
than accidental means, sexual abuse as defined in Section 11165.1 of
the Penal Code, neglect as defined in Section 11165.2 of the Penal
Code, or unlawful corporal punishment or injury as defined in Section
11165.4 of the Penal Code when the person responsible for the child'
s welfare is a licensee, administrator, or employee of any facility
licensed to care for children.
(f)
(g) Prior to the issuance of a citation
imposing a civil penalty pursuant to subdivision (d)
(e) or (e) (f) ,
the decision shall be approved by the director.
(g) Notwithstanding Section 1534, any facility that is cited for
repeating the same violation of this chapter within 12 months of the
first violation is subject to an immediate civil penalty of one
hundred fifty dollars ($150) and fifty dollars ($50) for each day the
violation continues until the deficiency is corrected.
(h) Any facility that is assessed a civil penalty pursuant to
subdivision (g) that repeats the same violation of this chapter
within 12 months of the violation subject to subdivision (g) is
subject to an immediate civil penalty of one hundred fifty dollars
($150) for each day the violation continues until the deficiency is
corrected.
(i)
(h) (1) The department shall adopt
regulations setting forth the appeal procedures for deficiencies.
(2) Notwithstanding paragraph (1), the following appeal procedures
shall apply to deficiencies specified in subdivisions (e) and (f):
(2)
(A) A licensee shall have the right to
submit to the department a written request for a formal review of a
civil penalty assessed pursuant to subdivisions (d)
(e) and (e) (f)
within 10 days of receipt of the notice of a civil penalty assessment
and shall provide all supporting documentation at that time. The
review shall be conducted by a regional manager of the Community Care
Licensing Division. If the regional manager determines that the
civil penalty was not assessed in accordance with applicable statutes
or regulations of the department, he or she may amend or dismiss the
civil penalty. The licensee shall be notified in writing of the
regional manager's decision within 60 days of the request to review
the assessment of the civil penalty.
(3)
(B) The licensee may further appeal to the
program administrator of the Community Care Licensing Division within
10 days of receipt of the notice of the regional manager's decision
and shall provide all supporting documentation at that time. If the
program administrator determines that the civil penalty was not
assessed in accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil penalty. The
licensee shall be notified in writing of the program administrator's
decision within 60 days of the request to review the regional manager'
s decision.
(4)
(C) The licensee may further appeal to the
deputy director of the Community Care Licensing Division within 10
days of receipt of the notice of the program director's
administrator's decision and shall provide all
supporting documentation at that time. If the deputy director
determines that the civil penalty was not assessed in accordance with
applicable statutes or regulations of the department, he or she may
amend or dismiss the civil penalty. The licensee shall be notified in
writing of the deputy director's decision within 60 days of the
request to review the program administrator's decision.
(5)
(D) Upon exhausting the deputy director
review, a licensee may appeal a civil penalty assessed pursuant to
subdivision (d) (e) or (e)
(f) to an administrative law judge. Proceedings
shall be conducted in accordance with Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code, and the department shall have all the powers granted by those
provisions. In all proceedings conducted in accordance with this
section, the standard of proof shall be by a preponderance of the
evidence.
(6)
(E) If, in addition to an assessment of
civil penalties, the department elects to file an administrative
action to suspend or revoke the facility license that includes
violations relating to the assessment of the civil penalties, the
department review of the pending appeal shall
cease and the assessment of the civil penalties shall be heard as
part of the administrative action process.
(j)
(i) The department shall adopt regulations
implementing this section.
(k)
(j) The department shall, by January 1,
2016, amend its regulations to reflect the changes to this section
made by the act that added this subdivision.
(l)
(k) As provided in Section 11466.31 of the
Welfare and Institutions Code, the department may offset civil
penalties owed by a group home against moneys to be paid by a county
for the care of minors after the group home has exhausted its appeal
of the civil penalty assessment. The department shall provide the
group home a reasonable opportunity to pay the civil penalty before
instituting the offset provision.
(m) This section shall become operative on July 1, 2015.
SEC. 2. Section 1568.0822 of the Health and Safety Code, as added
by Section 4 of Chapter 813 of the Statutes of 2014, is amended to
read:
1568.0822. (a) In addition to the suspension, temporary
suspension, or revocation of a license issued under this chapter, the
department may shall levy a civil
penalty.
(b) (1) The amount of the civil penalty
shall not be less than twenty-five
one hundred seventy-five dollars ($25)
or more than fifty dollars ($50) ($175) per day
for each violation of this chapter, except where the nature or
seriousness of the violation or the frequency of the violation
warrants a higher penalty or an immediate civil penalty assessment,
or both, as determined by the department. In no event shall
a civil penalty assessment exceed one hundred fifty dollars ($150)
per day per violation specified in this chapter
.
(2) Notwithstanding any right to correct a deficiency before
imposition of a civil penalty, any facility that repeats a violation
specified in paragraph (1) within 12 months of a prior violation
shall be subject to an immediate civil penalty of five hundred
dollars ($500) per violation and one hundred dollars ($100) for each
day the violation continues after citation for facilities licensed to
care for six or less residents, or an immediate civil penalty of one
thousand dollars ($1,000) per violation and two hundred dollars
($200) for each day the violation continues after citation for
facilities licensed to care for seven or more residents.
(c) Notwithstanding Section 1568.07 any
right to correct a deficiency before imposition of a civil
penalty , the department shall assess an immediate civil
penalty of one hundred fifty thousand
dollars ($150) ($1,000) per
day per violation and two hundred dollars ($200) for
each day the violation continues after citation for facilities
licensed to care for six or less residents, or an immediate civil
penalty of two thousand dollars ($2,000) per violation and four
hundred dollars ($400) for each day the violation continues after
citation for facilities licensed to care for seven or more
residents, for any of the following serious violations:
(1) (A) Fire clearance violations, including, but not limited to,
overcapacity, ambulatory status, inoperable smoke alarms, and
inoperable fire alarm systems. The civil penalty shall not be
assessed if the licensee has done either of the following:
(i) Requested the appropriate fire clearance based on ambulatory,
nonambulatory, or bedridden status, and the decision is pending.
(ii) Initiated eviction proceedings.
(B) A licensee denied a clearance for bedridden residents may
appeal to the fire authority, and, if that appeal is denied, may
subsequently appeal to the Office of the State Fire Marshal, and
shall not be assessed an immediate civil penalty until the final
appeal is decided, or after 60 days has passed from the date of the
citation, whichever is earlier.
(2) Absence of supervision, as required by statute and regulation.
(3) Accessible bodies of water, when prohibited in this chapter or
regulations adopted pursuant to this chapter.
(4) Accessible firearms, ammunition, or both.
(5) Refused entry to a facility or any part of a facility in
violation of Section 1568.07 or 1568.071.
(6) The presence of an excluded a
person subject to a department Order of Exclusion on the
premises.
(d) Notwithstanding any right to correct a deficiency before
imposition of a civil penalty, any facility that repeats a violation
specified in subdivision (c) within 12 months of a prior violation
shall be subject to an immediate civil penalty of two thousand
dollars ($2,000) per violation and one thousand five hundred dollars
($1,500) for each day the violation continues after citation for
facilities licensed to care for six or less residents, or an
immediate civil penalty of four thousand dollars ($4,000) per
violation and three thousand dollars ($3,000) for each day the
violation continues after citation for facilities licensed to care
for seven or more residents.
(d) For
(e) In addition to the imposition of a
civil penalty for the underlying violation, for a violation
that the department determines resulted in the death of a resident,
the civil penalty shall be five thousand dollars ($5,000) per
violation for facilities licensed to care for six or less residents,
or fifteen thousand dollars ($15,000) per violation for
facilities licensed to care for seven or more residents .
(e) For
(f) In addition to the imposition of a
civil penalty for the underlying violation, for a violation
that the department determines constitutes physical abuse, as defined
in Section 15610.63 of the Welfare and Institutions Code, or
resulted in serious bodily injury, as defined in Section 243 of the
Penal Code, to a resident, the civil penalty shall be two
thousand five hundred dollars ($2,500) per violation for facilities
licensed to care for six or less residents, or ten thousand
dollars ($10,000) per violation for facilities licensed to care
for se ven or more residents .
(f)
(g) Prior to the issuance of a citation
imposing a civil penalty pursuant to subdivision (d)
(e) or (e) (f) ,
the decision shall be approved by the director.
(g) Notwithstanding Section 1568.07, any residential care facility
that is cited for repeating the same violation of this chapter
within 12 months of the first violation is subject to an immediate
civil penalty of one hundred fifty dollars ($150) and fifty dollars
($50) for each day the violation continues until the deficiency is
corrected.
(h) Any residential care facility that is assessed a civil penalty
pursuant to subdivision (g) that repeats the same violation of this
chapter within 12 months of the violation subject to subdivision (g)
shall be assessed an immediate civil penalty of one thousand dollars
($1,000) and one hundred dollars ($100) for each day the violation
continues until the deficiency is corrected, provided that the
violation is a serious violation.
(i)
(h) (1) The department shall adopt
regulations setting forth the appeal procedures for deficiencies.
(2) Notwithstanding paragraph (1), the following appeal procedures
shall apply to deficiencies specified in subdivisions (e) and (f):
(2)
(A) A licensee shall have the right to
submit to the department a written request for a formal review of a
civil penalty assessed pursuant to subdivisions (d)
(e) and (e) (f)
within 10 days of receipt of the notice of a civil penalty assessment
and shall provide all supporting documentation at that time. The
review shall be conducted by a regional manager of the Community Care
Licensing Division. If the regional manager determines that the
civil penalty was not assessed in accordance with applicable statutes
or regulations of the department, he or she may amend or dismiss the
civil penalty. The licensee shall be notified in writing of the
regional manager's decision within 60 days of the request to review
the assessment of the civil penalty.
(3)
(B) The licensee may further appeal to the
program administrator of the Community Care Licensing Division within
10 days of receipt of the notice of the regional manager's decision
and shall provide all supporting documentation at that time. If the
program administrator determines that the civil penalty was not
assessed in accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil penalty. The
licensee shall be notified in writing of the program administrator's
decision within 60 days of the request to review the regional manager'
s decision.
(4)
(C) The licensee may further appeal to the deputy
director of the Community Care Licensing Division within 10 days of
receipt of the notice of
the program director's administr
ator's decision and shall provide all supporting documentation
at that time. If the deputy director determines that the civil
penalty was not assessed in accordance with applicable statutes or
regulations of the department, he or she may amend or dismiss the
civil penalty. The licensee shall be notified in writing of the
deputy director's decision within 60 days of the request to review
the program administrator's decision.
(5)
(D) Upon exhausting the deputy director
review, a licensee may appeal a civil penalty assessed pursuant to
subdivision (d) (e) or (e)
(f) to an administrative law judge. Proceedings
shall be conducted in accordance with Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code, and the department shall have all the powers granted by those
provisions. In all proceedings conducted in accordance with this
section, the standard of proof shall be by a preponderance of the
evidence.
(6)
(E) If, in addition to an assessment of civil
penalties, the department elects to file an administrative action to
suspend or revoke the facility license that includes violations
relating to the assessment of the civil penalties, the
department review of the pending appeal shall cease and the
assessment of the civil penalties shall be heard as part of the
administrative action process.
(j)
(i) The department shall adopt regulations implementing
this section.
(k)
(j) The department shall, by January 1, 2016, amend its
regulations to reflect the changes to this section made by the act
that added this subdivision.
(l) This section shall become operative on July 1, 2015.
SEC. 3. Section 1569.49 of the Health and Safety Code, as added by
Section 6 of Chapter 813 of the Statutes of 2014, is amended to
read:
1569.49. (a) In addition to the suspension, temporary suspension,
or revocation of a license issued under this chapter, the department
may shall levy a civil penalty.
(b) (1) The amount of the civil penalty
shall not be less than twenty-five
one hundred se venty-five dollars
or more than fifty dollars ($50) ($175)
per day for each violation of this chapter except where the nature
or seriousness of the violation or the frequency of the violation
warrants a higher penalty or an immediate civil penalty assessment,
or both, as determined by the department. In no event, shall
a civil penalty assessment exceed one hundred fifty dollars ($150)
per day per violation provided in this chapter .
(2) Notwithstanding any right to correct a deficiency before
imposition of a civil penalty, any facility that repeats a violation
specified in paragraph (1) within 12 months of a prior violation
shall be subject to an immediate civil penalty of five hundred
dollars ($500) per violation and one hundred dollars ($100) for each
day the violation continues after citation for facilities licensed to
care for six or less residents, or an immediate civil penalty of one
thousand dollars ($1,000) per violation and two hundred dollars
($200) for each day the violation continues after citation for
facilities licensed to care for seven or more residents.
(c) Notwithstanding Section 1569.33 any
right to correct a deficiency before imposition of a civil
penalty , the department shall assess an immediate civil
penalty of one hundred fifty thousand
dollars ($150) ($1,000) per day per
violation and two hundred dollars ($200) for each day the
violation continues after citation for facilities licensed to care
for six or less residents, or an immediate civil penalty of two
thousand dollars ($2,000) per violation and four hundred dollars
($400) for each day the violation continues after citation for
facilities licensed to care for seven or more residents, for
any of the following serious violations:
(1) (A) Fire clearance violations, including, but not limited to,
overcapacity, ambulatory status, inoperable smoke alarms, and
inoperable fire alarm systems. The civil penalty shall not be
assessed if the licensee has done either of the following:
(i) Requested the appropriate fire clearance based on ambulatory,
nonambulatory, or bedridden status, and the decision is pending.
(ii) Initiated eviction proceedings.
(B) A licensee denied a clearance for bedridden residents may
appeal to the fire authority, and, if that appeal is denied, may
subsequently appeal to the Office of the State Fire Marshal, and
shall not be assessed an immediate civil penalty until the final
appeal is decided, or after 60 days has passed from the date of the
citation, whichever is earlier.
(2) Absence of supervision as required by statute or regulation.
(3) Accessible bodies of water, when prohibited in this chapter or
regulations adopted pursuant to this chapter.
(4) Accessible firearms, ammunition, or both.
(5) Refused entry to a facility or any part of a facility in
violation of Section 1569.32, 1569.33, or 1569.35.
(6) The presence of an excluded a
person subject to a department Order of Exclusion on the
premises.
(d) Notwithstanding any right to correct a deficiency before
imposition of a civil penalty, any facility that repeats a violation
specified in subdivision (c) within 12 months of a prior violation
shall be subject to an immediate civil penalty of two thousand
dollars ($2,000) per violation and one thousand five hundred dollars
($1,500) for each day the violation continues after citation for
facilities licensed to care for six or less residents, or an
immediate civil penalty of four thousand dollars ($4,000) per
violation and three thousand dollars ($3,000) for each day the
violation continues after citation for facilities licensed to care
for seven or more residents.
(d) For
(e) In addition to the imposition of a
civil penalty for the underlying violation, for a violation
that the department determines resulted in the death of a resident,
the civil penalty shall be five thousand dollars ($5,000) per
violation for facilities licensed to care for six or less residents,
or fifteen thousand dollars ($15,000) per violation for
facilities licensed to care for seven or more residents .
(e) For
(f) In addition to the imposition of a
civil penalty for the underlying violation, for a violation
that the department determines constitutes physical abuse, as defined
in Section 15610.63 of the Welfare and Institutions Code, or
resulted in serious bodily injury, as defined in Section 15610.67 of
the Welfare and Institutions Code, to a resident, the civil penalty
shall be two thousand five hundred dollars ($2,500) per
violation for facilities licensed to care for six or less residents,
or ten thousand dollars ($10,000) per violation for
facilities licensed to care for seven or more residents .
(f)
(g) Prior to the issuance of a citation imposing a
civil penalty pursuant to subdivision (d) (e)
or (e) (f) , the decision shall
be approved by the director.
(g) Notwithstanding Section 1569.33, any residential care facility
for the elderly that is cited for repeating the same violation of
this chapter within 12 months of the first violation is subject to an
immediate civil penalty of one hundred fifty dollars ($150) and
fifty dollars ($50) for each day the violation continues until the
deficiency is corrected.
(h) Any residential care facility for the elderly that is assessed
a civil penalty pursuant to subdivision (g) that repeats the same
violation of this chapter within 12 months of the violation subject
to subdivision (g) shall be assessed an immediate civil penalty of
one thousand dollars ($1,000) and one hundred dollars ($100) for each
day the violation continues until the deficiency is corrected.
(i)
(h) (1) The department shall adopt regulations setting
forth the appeal procedures for deficiencies.
(2) Notwithstanding paragraph (1), the following appeal procedures
shall apply to deficiencies specified in subdivisions (e) and (f):
(2)
(A) A licensee shall have the right to submit to the
department a written request for a formal review of a civil penalty
assessed pursuant to subdivisions (d) (e)
and (e) (f) within 10 days of
receipt of the notice of a civil penalty assessment and shall provide
all supporting documentation at that time. The review shall be
conducted by a regional manager of the Community Care Licensing
Division. If the regional manager determines that the civil penalty
was not assessed in accordance with applicable statutes or
regulations of the department, he or she may amend or dismiss the
civil penalty. The licensee shall be notified in writing of the
regional manager's decision within 60 days of the request to review
the assessment of the civil penalty.
(3)
(B) The licensee may further appeal to the program
administrator of the Community Care Licensing Division within 10 days
of receipt of the notice of the regional manager's decision and
shall provide all supporting documentation at that time. If the
program administrator determines that the civil penalty was not
assessed in accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil penalty. The
licensee shall be notified in writing of the program administrator's
decision within 60 days of the request to review the regional manager'
s decision.
(4)
(C) The licensee may further appeal to the deputy
director of the Community Care Licensing Division within 10 days of
receipt of the notice of the program director's
administrator's decision and shall provide all supporting
documentation at that time. If the deputy director determines that
the civil penalty was not assessed in accordance with applicable
statutes or regulations of the department, he or she may amend or
dismiss the civil penalty. The licensee shall be notified in writing
of the deputy director's decision within 60 days of the request to
review the program administrator's decision.
(5)
(D) Upon exhausting the deputy director review, a
licensee may appeal a civil penalty assessed pursuant to subdivision
(d) (e) or (e)
(f) to an administrative law judge. Proceedings shall be
conducted in accordance with Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code, and
the department shall have all the powers granted by those
provisions. In all proceedings conducted in accordance with this
section, the standard of proof shall be by a preponderance of the
evidence.
(6)
(E) If, in addition to an assessment of civil
penalties, the department elects to file an administrative action to
suspend or revoke the facility license that includes violations
relating to the assessment of the civil penalties, the
department review of the pending appeal shall cease and the
assessment of the civil penalties shall be heard as part of the
administrative action process.
(j)
(i) The department shall adopt regulations implementing
this section.
(k)
(j) The department shall, by January 1, 2016, amend its
regulations to reflect the changes to this section made by the act
that added this subdivision.
(l) This section shall become operative on July 1, 2015.
SEC. 4. Section 1596.99 of the Health and Safety Code, as added by
Section 8 of Chapter 813 of the Statutes of 2014, is amended to
read:
1596.99. (a) In addition to the suspension, temporary suspension,
or revocation of a license issued under this chapter or Chapter 3.4
(commencing with Section 1596.70), the department may
shall levy a civil penalty.
(b) The amount of the civil penalty shall not
be less than twenty-five one hundred
seventy-five dollars nor more than fifty dollars ($50)
($175) per day for each violation of this
chapter except where the nature or seriousness of the violation or
the frequency of the violation warrants a higher penalty or an
immediate civil penalty assessment, or both, as determined
by the department. In no event shall a civil penalty assessment
exceed one hundred fifty dollars ($150) per day per violation
specified in this chapter .
(1) Notwithstanding any right to correct a deficiency before
imposition of a civil penalty, any facility that repeats a violation
specified in subdivision (b) within 12 months of a prior violation
shall be subject to an immediate civil penalty of five hundred
dollars ($500) per violation and one hundred dollars ($100) for each
day the violation continues after citation for facilities licensed to
care for 30 or less children, or an immediate civil penalty of one
thousand dollars ($1,000) per violation and two hundred dollars
($200) for each day the violation continues after citation for
facilities licensed to care for 31 or more children.
(c) Notwithstanding Sections 1596.893a, 1596.893b, and
1596.98 any right to correct a deficiency before
imposition of a civil penalty , the department shall assess an
immediate civil penalty of one hundred fifty ($150)
thousand dollars ($1,000) per day per violation
and two hundred dollars ($200) for each day the violation
continues after citation for facilities licensed to care for 30 or
less children, or an immediate civil penalty of two thousand dollars
($2,000) per violation and four hundred dollars ($400) for each day
the violation continues after citation for facilities licensed to
care for 31 or more children, for any of the following serious
violations:
(1) Fire clearance violations, including, but not limited to,
overcapacity, inoperable smoke alarms, and inoperable fire alarm
systems.
(2) Absence of supervision, including, but not limited to, a child
left unattended, supervision of a child by a person under 18 years
of age, and lack of supervision resulting in a child wandering away.
(3) Accessible bodies of water.
(4) Accessible firearms, ammunition, or both.
(5) Refused entry to a facility or any part of a facility in
violation of Section 1596.852, 1596.853, or 1597.09.
(6) The presence of an excluded a
person subject to a department Order of Exclusion on the
premises.
(d) Notwithstanding any right to correct a deficiency before
imposition of a civil penalty, any facility that repeats a violation
specified in subdivision (c) within 12 months of a prior violation
shall be subject to an immediate civil penalty of two thousand
dollars ($2,000) per violation and one thousand five hundred dollars
($1,500) for each day the violation continues after citation for
facilities licensed to care for 30 or less children, or an immediate
civil penalty of four thousand dollars ($4,000) per violation and
three thousand dollars ($3,000) for each day the violation continues
after citation for facilities licensed to care for 31 or more
children.
(d)
(e) For a violation that the department determines
resulted in the death of a child, the civil penalty shall be assessed
as follows:
(1) Seven thousand five hundred dollars ($7,500) for a
licensee facility licensed , among all
of the licensee's facilities, to care for 30 or less
children.
(2) Ten thousand dollars ($10,000) for a licensee
facility licensed , among all of the
licensee's facilities, to care for 31 to 100
120 , inclusive, children.
(3) Fifteen thousand dollars ($15,000) for a licensee
facility licensed , among all of the
licensee's facilities, to care for more than 100
120 children.
(e)
(f) (1) For a violation that the department determines
constitutes physical abuse or resulted in serious injury, as defined
in Section 1596.8865, to a child, the civil penalty shall be assessed
as follows:
(A) Two thousand five hundred dollars ($2,500) for a
licensee facility licensed , among all
of the licensee's facilities, to care for 30 or less
children.
(B) Five thousand dollars ($5,000) for a licensee
facility licensed , among all of the
licensee's facilities, to care for 31 to 100
120 , inclusive, children.
(C) Ten thousand dollars ($10,000) for a licensee
facility licensed , among all of the
licensee's facilities, to care for more than 100
120 children.
(2) For purposes of this subdivision, "physical abuse" includes
physical injury inflicted upon a child by another person by other
than accidental means, sexual abuse as defined in Section 11165.1 of
the Penal Code, neglect as defined in Section 11165.2 of the Penal
Code, or unlawful corporal punishment or injury as defined in Section
11165.4 of the Penal Code when the person responsible for the child'
s welfare is a licensee, administrator, or employee of any facility
licensed to care for children, or an administrator or employee of a
public or private school or other institution or agency.
(f)
(g) Prior to the issuance of a citation imposing a
civil penalty pursuant to subdivision (d) (e)
or (e) (f) , the decision shall
be approved by the director.
(g) Notwithstanding Sections 1596.893a, 1596.893b, and 1596.98,
any day care center that is cited for repeating the same violation of
this chapter or Chapter 3.4 (commencing with Section 1596.70),
within 12 months of the first violation is subject to an immediate
civil penalty of one hundred fifty dollars ($150) for each day the
violation continues until the deficiency is corrected.
(h) Any day care center that is assessed a civil penalty under
subdivision (g) and that repeats the same violation of this chapter
within 12 months of the violation subject to subdivision (g) shall be
assessed an immediate civil penalty of one hundred fifty dollars
($150) for each day the violation continues until the deficiency is
corrected.
(i)
(h) Notwithstanding any other law, revenues received by
the state from the payment of civil penalties imposed on licensed
child care centers pursuant to this chapter or Chapter 3.4
(commencing with Section 1596.70), shall be deposited in the Child
Health and Safety Fund, created pursuant to Chapter 4.6 (commencing
with Section 18285) of Part 6 of Division 9 of the Welfare and
Institutions Code, and shall be expended, upon appropriation by the
Legislature, pursuant to subdivision (f) of Section 18285 of the
Welfare and Institutions Code exclusively for the technical
assistance, orientation, training, and education of licensed day care
center providers , and to assist families with the
identification, transportation, and enrollment of children to another
day care center when a family's day care center's license is revoked
or temporarily suspended .
(j)
(i) (1) The department shall adopt regulations setting
forth the appeal procedures for deficiencies.
(2) Notwithstanding paragraph (1), the following appeal procedures
shall apply to deficiencies specified in subdivisions (e) and (f):
(2)
(A) A licensee shall have the right to submit to the
department a written request for a formal review of a civil penalty
assessed pursuant to subdivisions (d) (e)
and (e) (f) within 10 days of
receipt of the notice of a civil penalty assessment and shall provide
all supporting documentation at that time. The review shall be
conducted by a regional manager of the Community Care Licensing
Division. If the regional manager determines that the civil penalty
was not assessed in accordance with applicable statutes or
regulations of the department, he or she may amend or dismiss the
civil penalty. The licensee shall be notified in writing of the
regional manager's decision within 60 days of the request to review
the assessment of the civil penalty.
(3)
(B) The licensee may further appeal to the program
administrator of the Community Care Licensing Division within 10 days
of receipt of the notice of the regional manager's decision and
shall provide all supporting documentation at that time. If the
program administrator determines that the civil penalty was not
assessed in accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil penalty. The
licensee shall be notified in writing of the program administrator's
decision within 60 days of the request to review the regional manager'
s decision.
(4)
(C) The licensee may further appeal to the deputy
director of the Community Care Licensing Division within 10 days of
receipt of the notice of the program director's
administrator's decision and shall provide all supporting
documentation at that time. If the deputy director determines that
the civil penalty was not assessed in accordance with applicable
statutes or regulations of the department, he or she may amend or
dismiss the civil penalty. The licensee shall be notified in writing
of the deputy director's decision within 60 days of the request to
review the program administrator's decision.
(5)
(D) Upon exhausting the deputy director review, a
licensee may appeal a civil penalty assessed pursuant to subdivision
(d) (e) or (e)
(f) to an administrative law judge. Proceedings shall be
conducted in accordance with Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code, and
the department shall have all the powers granted by those
provisions. In all proceedings conducted in accordance with this
section, the standard of proof shall be by a preponderance of the
evidence.
(6)
(E) If, in addition to an assessment of civil
penalties, the department elects to file an administrative action to
suspend or revoke the facility license that includes violations
relating to the assessment of the civil penalties, the
department review of the pending appeal shall cease and the
assessment of the civil penalties shall be heard as part of the
administrative action process.
(k)
(j) The department shall, by January 1, 2016, amend its
regulations to reflect the changes to this section made by the act
that added this subdivision.
(l) This section shall become operative on July 1, 2015.
SEC. 5. Section 1597.58 of the Health and Safety Code, as added by
Section 10 of Chapter 813 of the Statutes of 2014, is amended to
read:
1597.58. (a) In addition to the suspension, temporary suspension,
or revocation of a license issued under this chapter, the department
may shall levy a civil penalty.
(b) (1) The amount of the civil penalty
shall not be less than twenty-five
one hundred seventy-five dollars ($25)
nor more than fifty dollars ($50) ($175) per day
for each violation of this chapter except where the nature or
seriousness of the violation or the frequency of the violation
warrants a higher penalty or an immediate civil penalty assessment or
both, as determined by the department. In no event shall a
civil penalty assessment exceed one hundred fifty dollars ($150) per
day per violation specified in this chapter .
(2) Notwithstanding any right to correct a deficiency before
imposition of a civil penalty, any facility that repeats a violation
specified in paragraph (1) within 12 months of a prior violation
shall be subject to an immediate civil penalty of five hundred
dollars ($500) per violation and one hundred dollars ($100) for each
day the violation continues after citation for facilities licensed as
small family day care homes, or an immediate civil penalty of one
thousand dollars ($1,000) per violation and two hundred dollars
($200) for each day the violation continues after citation for
facilities licensed as large family day care homes.
(c) Notwithstanding Sections 1596.893a, 1596.893b,
1597.56, and 1597.62 any right to correct a deficiency
before imposition of a civil penalty, the
department shall assess an immediate civil penalty of one
hundred fifty thousand dollars ($150)
per day ($1,000) per violation and two
hundred dollars ($200) for each day the violation continues after
citation for facilities licensed as small family day care homes, or
an immediate civil penalty of two thousand dollars ($2,000) per
violation and four hundred dollars ($400) for each day the violation
continues after citation for facilities licensed as large family day
care homes, for any of the following serious violations:
(1) Any violation that results in the injury, illness, or death of
a child.
(2) Absence of supervision, including, but not limited to, a child
left unattended, a child left alone with a person under 18 years of
age, and lack of supervision resulting in a child wandering away.
(3) Accessible bodies of water.
(4) Accessible firearms, ammunition, or both.
(5) Refused entry to a facility or any part of a facility in
violation of Sections 1596.852, 1596.853, 1597.55a, and 1597.55b.
(6) The presence of an excluded a
person subject to a department Order of Exclusion on the
premises.
(d) Notwithstanding any right to correct a deficiency before
imposition of a civil penalty, any facility that repeats a violation
specified in subdivision (c) within 12 months of a prior violation
shall be subject to an immediate civil penalty of two thousand
dollars ($2,000) per violation and one thousand five hundred dollars
($1,500) for each day the violation continues
after citation for facilities licensed as small
family day care homes, or an immediate civil penalty of four thousand
dollars ($4,000) per violation and three thousand dollars ($3,000)
for each day the violation continues after citation for facilities
licensed as large family day care homes.
(d)
(e) For a violation that the department determines
resulted in the death of a child, the civil penalty shall be assessed
as follows:
(1) Five thousand dollars ($5,000) for a small family day care
home, as described in Section 1597.44.
(2) Seven thousand five hundred dollars ($7,500) for a large
family day care home, as described in Section 1597.465.
(e)
(f) (1) For a violation that the department determines
constitutes physical abuse or resulted in serious injury, as defined
in Section 1596.8865, to a child, the civil penalty shall be assessed
as follows:
(A) One thousand dollars ($1,000) for a small family day care
home, as described in Section 1597.44.
(B) Two thousand dollars ($2,000) for a large family day care
home, as described in Section 1597.465.
(2) For purposes of this subdivision, "physical abuse" includes
physical injury inflicted upon a child by another person by other
than accidental means, sexual abuse as defined in Section 11165.1 of
the Penal Code, neglect as defined in Section 11165.2 of the Penal
Code, or unlawful corporal punishment or injury as defined in Section
11165.4 of the Penal Code when the person responsible for the child'
s welfare is a licensee, administrator, or employee of any facility
licensed to care for children, or an administrator or employee of a
public or private school or other institution or agency.
(f)
(g) Prior to the issuance of a citation imposing a
civil penalty pursuant to subdivision (d) (e)
or (e) (f) , the decision shall
be approved by the director.
(g) Notwithstanding Sections 1596.893a, 1596.893b, 1597.56, and
1597.62, any family day care home that is cited for repeating the
same violation of this chapter or Chapter 3.4 (commencing with
Section 1596.70), within 12 months of the first violation is subject
to an immediate civil penalty assessment of up to one hundred fifty
dollars ($150) and may be assessed up to fifty dollars ($50) for each
day the violation continues until the deficiency is corrected.
(h) Any family day care home that is assessed a civil penalty
under subdivision (g) that repeats the same violation of this chapter
within 12 months of the violation subject to subdivision (g) shall
be assessed an immediate assessment of up to one hundred fifty
dollars ($150) and may be assessed up to one hundred fifty dollars
($150) for each day the violation continues until the deficiency is
corrected.
(i)
(h) Notwithstanding any other law, revenues received by
the state from the payment of civil penalties imposed on licensed
family day care homes pursuant to this chapter or Chapter 3.4
(commencing with Section 1596.70), shall be deposited in the Child
Health and Safety Fund, created pursuant to Chapter 4.6 (commencing
with Section 18285) of Part 6 of Division 9 of the Welfare and
Institutions Code, and shall be expended, upon appropriation by the
Legislature, pursuant to subdivision (f) of Section 18285 of the
Welfare and Institutions Code exclusively for the technical
assistance, orientation, training, and education of licensed family
day care home providers , and to assist families with the
identification, transportation, and enrollment of children to another
family day care home when a family's family day care home's license
is revoked or temporarily suspended .
(j)
(i) (1) The department shall adopt regulations setting
forth the appeal procedures for deficiencies.
(2) Notwithstanding paragraph (1), the following appeal procedures
shall apply to deficiencies specified in subdivisions (e) and (f):
(2)
(A) A licensee shall have the right to submit to the
department a written request for a formal review of a civil penalty
assessed pursuant to subdivisions (d) (e)
and (e) (f) within 10 days of
receipt of the notice of a civil penalty assessment and shall provide
all supporting documentation at that time. The review shall be
conducted by a regional manager of the Community Care Licensing
Division. If the regional manager determines that the civil penalty
was not assessed in accordance with applicable statutes or
regulations of the department, he or she may amend or dismiss the
civil penalty. The licensee shall be notified in writing of the
regional manager's decision within 60 days of the request to review
the assessment of the civil penalty.
(3)
(B) The licensee may further appeal to the program
administrator of the Community Care Licensing Division within 10 days
of receipt of the notice of the regional manager's decision and
shall provide all supporting documentation at that time. If the
program administrator determines that the civil penalty was not
assessed in accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil penalty. The
licensee shall be notified in writing of the program administrator's
decision within 60 days of the request to review the regional manager'
s decision.
(4)
(C) The licensee may further appeal to the deputy
director of the Community Care Licensing Division within 10 days of
receipt of the notice of the program director's
administrator's decision and shall provide all supporting
documentation at that time. If the deputy director determines that
the civil penalty was not assessed in accordance with applicable
statutes or regulations of the department, he or she may amend or
dismiss the civil penalty. The licensee shall be notified in writing
of the deputy director's decision within 60 days of the request to
review the program administrator's decision.
(5)
(D) Upon exhausting the deputy director review, a
licensee may appeal a civil penalty assessed pursuant to subdivision
(d) (e) or (e)
(f) to an administrative law judge. Proceedings shall be
conducted in accordance with Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code, and
the department shall have all the powers granted by those
provisions. In all proceedings conducted in accordance with this
section, the standard of proof shall be by a preponderance of the
evidence.
(6)
(E) If, in addition to an assessment of civil
penalties, the department elects to file an administrative action to
suspend or revoke the facility license that includes violations
relating to the assessment of the civil penalties, the
department review of the pending appeal shall cease and the
assessment of the civil penalties shall be heard as part of the
administrative action process.
(k)
(j) The department shall, by January 1, 2016, amend its
regulations to reflect the changes to this section made by the act
that added this subdivision.
(l) This section shall become operative on July 1, 2015.
