Bill Text: CA AB677 | 2021-2022 | Regular Session | Amended
Bill Title: Care facilities: criminal background checks.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2022-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB677 Detail]
Download: California-2021-AB677-Amended.html
Amended
IN
Assembly
April 15, 2021 |
Amended
IN
Assembly
April 06, 2021 |
Introduced by Assembly Member Holden |
February 12, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
(1)Existing
(2)Existing law authorizes the department to deny, suspend, or revoke a license, or to prohibit a person from being employed by, or having other specified relationships to, a licensed facility. Existing law establishes grounds for these actions by the department, including, but not limited to, conduct which is inimical to the health, welfare, or safety of either an individual in or receiving services from the facility, or the people of California.
This bill would preclude that conduct from serving as the basis of a denial, suspension, or revocation of a license, or other prohibition by the department, if the alleged conduct was the subject of an arrest or criminal proceeding, unless the
individual in question was denied clearance or a criminal record exemption, as specified.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 1.4 (commencing with Section 1249) is added to Division 2 of the Health and Safety Code, to read:CHAPTER 1.4. Licensing Criminal Record Exemption Working Group
1249.
On or before July 1, 2022, the department shall convene a working group to make recommendations and propose revised regulations to change the criminal record exemption process in order to expedite the process for people who seek licensure from the department pursuant to this division and have a criminal conviction.1249.5.
The department shall appoint the members of the working group, and the working group shall include, but not be limited to, all of the following:1249.10.
On or before July 1, 2024, the working group shall propose revisions to the department’s regulations to expedite the process for people who seek licensure from the department pursuant to this division and have a criminal conviction. The department shall submit the working group’s proposed revisions to the Office of Administrative Law within one month of finalization by the working group.1249.15.
On or before July 1, 2023, the department shall report to the Legislature on the status of the working group. The report shall be submitted in compliance with Section 9795 of the Government Code.1249.20.
For purposes of this chapter, “department” means the State Department of Social Services.1249.25.
All meetings of the working group shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).1249.30.
This chapter shall remain in effect only until January 1, 2025, and as of that date is repealed.SEC. 2.
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 or resource family 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 their initial presence in a community care facility or certified family home.SEC. 3.
Section 1522.6 is added to the Health and Safety Code, to read:1522.6.
(a) For the purpose of this section, “applicant” means an individual who submitted fingerprints to the Department of Justice for the purpose of providing criminal record information to the State Department of Social Services under Section 1522, 1568.09, 1569.17, 1596.871, or 1796.23.(a) The department may suspend or revoke any license issued under this chapter upon any of the following grounds and in the manner provided in this chapter:
(1) Violation by the licensee of this chapter or of the rules and regulations adopted pursuant to this chapter.
(2) Aiding, abetting, or permitting the violation of this chapter or of the rules and regulations adopted pursuant to this chapter.
(3) Conduct which is inimical to the health, welfare, or safety of either an individual in or receiving services from the facility or
the people of the State of California. If the alleged conduct was the subject of an arrest or criminal proceeding, that conduct may not serve as the basis of a suspension or revocation unless the individual has been denied clearance or a criminal record exemption pursuant to Section 1568.09.
(4) The provision of services beyond the level the facility is authorized to provide, or accepting or retaining residents who require services of a higher level than the facility is authorized to provide.
(5) Engaging in acts of financial malfeasance concerning the operation of a facility, including, but not limited to, improper use or embezzlement of client moneys and property or fraudulent appropriation
for personal gain of facility moneys and property, or willful or negligent failure to provide services.
(b) The director may temporarily suspend any license, prior to any hearing when, in the opinion of the director, the action is necessary to protect residents of the facility from physical or mental abuse, abandonment, or any other substantial threat to health or safety. The director shall notify the licensee of the temporary suspension and the effective date of the temporary suspension, and at the same time shall serve the provider with an accusation. Upon receipt of a notice of defense to the accusation by the licensee, the director shall, within 15 days, set the matter for hearing, and the hearing shall be held as soon as possible, but not later than 30 days after receipt of the notice. The temporary suspension shall remain in effect
until the time the hearing is completed and the director has made a final determination on the merits. However, the temporary suspension shall be deemed vacated if the director fails to make a final determination on the merits within 30 days after the original hearing has been completed.
(c) In any case where the department orders the licensee to remove a resident who has a health condition or health conditions which cannot be cared for within the limits of the license or special permit or requires inpatient care in a health facility licensed pursuant to Chapter 2 (commencing with Section 1250), the licensee shall do all of the following:
(1) Prepare and submit to the department a written plan for relocation of the client or resident, in a form acceptable to the department.
(2) Comply with all terms and conditions of the approved relocation plan.
(3) Provide any other information as may be required by the department for the proper administration and enforcement of this section.
SEC. 5.SEC. 4.
Section 1568.09 of the Health and Safety Code is amended to read:1568.09.
It is the intent of the Legislature in enacting this section to require the electronic fingerprint images of those individuals whose contact with residents of residential care facilities for persons with a chronic, life-threatening illness may pose a risk to the residents’ health and safety.(a)The department may prohibit any person from being a member of the board of directors, an executive director, or an officer of a licensee or a licensee from employing, or continuing the employment of, or allowing in a licensed facility, or allowing contact with clients of a licensed facility by, any employee, prospective employee, or person who is not a client who has:
(1)Violated, aided, or permitted the violation by any other person of this chapter or of any rules or regulations adopted under this chapter.
(2)Engaged in conduct that is inimical to the health, welfare, or safety of either an individual, in or
receiving services from the facility, or the people of the State of California. If the alleged conduct was the subject of an arrest or criminal proceeding, that conduct may not serve as the basis of the prohibition unless the individual has been denied clearance or a criminal record exemption pursuant to Section 1568.09.
(3)Been denied an exemption to work or to be present in a facility, when that person has been convicted of a crime as defined in Section 1568.09.
(4)Engaged in any other conduct that would constitute a basis for disciplining a licensee.
(5)Engaged in acts of financial malfeasance concerning the operation
of a facility, including, but not limited to, improper use or embezzlement of client moneys and property or fraudulent appropriation for personal gain of facility moneys and property, or willful or negligent failure to provide services.
(b)The excluded person, the facility, and the licensee shall be given written notice of the basis of the action of the department and of the right to an appeal of the excluded person. The notice shall be served either by personal service or by registered mail. Within 15 days after the department serves the notice, the excluded person may file with the department a written appeal of the exclusion order. If the excluded person fails to file a written appeal within the prescribed time, the action of the department shall be final.
(c)(1)The department may require the immediate removal of an executive director, a board member, or an officer of a licensee or exclusion of an employee, prospective employee, or person who is not a client from a facility pending a final decision of the matter when, in the opinion of the director, the action is necessary to
protect residents or clients from physical or mental abuse, abandonment, or any other substantial threat to their health or safety.
(2)If the department requires the immediate removal of a member of the board of directors, an executive director, or an officer of a licensee or exclusion of an employee, prospective employee, or person who is not a client from a facility, the department shall serve an order of immediate exclusion upon the excluded person 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 by the excluded person pursuant to Section 11506 of the Government Code, conduct a hearing on the accusation.
(4)An order of immediate exclusion of the excluded person from the facility shall remain in effect until the hearing is completed and the department has made a final determination on the merits. However, the order of immediate exclusion shall be deemed vacated if the department fails to make a final determination
on the merits within 60 days after the original hearing has been completed.
(d)An excluded person who files a written appeal of the exclusion order with the department pursuant to this section shall, as part of the written request, provide their 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, or otherwise take disciplinary action against the excluded person, notwithstanding any resignation, withdrawal of employment application, or change of duties by the excluded person, or any discharge, failure to hire, or reassignment of the excluded person by the licensee or that the excluded person no longer has contact with clients at the facility.
(g)A licensee’s failure to comply with the department’s exclusion order after being notified of the order shall be grounds for disciplining the licensee pursuant to Section 1568.082.
(h)(1)(A)In cases in which the excluded person appealed the exclusion order and there is a decision and order of the department upholding the exclusion order, the person shall be prohibited from working in any facility or being licensed to operate any facility licensed by the department or from being a certified foster parent or resource family 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 in which the department informed the excluded person of their 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 or resource family 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.
(i)For purposes of this section, exclusion, as specified in subdivision (a), shall include exclusion from the home of a resource family, as defined in Section 1517 of this code and Section 16519.5 of
the Welfare and Institutions Code.
SEC. 7.SEC. 5.
Section 1569.17 of the Health and Safety Code is amended to read:1569.17.
The Legislature recognizes the need to generate timely and accurate positive fingerprint identification of applicants as a condition of issuing licenses, permits, or certificates of approval for persons to operate or provide direct care services in a residential care facility for the elderly. It is the intent of the Legislature in enacting this section to require the fingerprints of those individuals whose contact with clients of residential care facilities for the elderly may pose a risk to the clients’ health and safety. 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 their initial presence in a residential care facility for the elderly.(a)The department may deny an application for a license or may suspend or revoke a license issued under this chapter upon any of the following grounds and in the manner provided in this chapter:
(1)Violation by the licensee of this chapter or of the rules and regulations adopted under this chapter.
(2)Aiding, abetting, or permitting the violation of this chapter or of the rules and regulations adopted under this chapter.
(3)Conduct that is inimical to the health, morals, welfare, or safety of either an individual in or receiving services from the facility
or the people of the State of California. If the alleged conduct was the subject of an arrest or criminal proceeding, that conduct may not serve as the basis of a denial, suspension, or revocation unless the individual has been denied clearance or a criminal record exemption pursuant to Section 1569.17.
(4)The conviction of a licensee, or other person mentioned in Section 1569.17 at any time before or during licensure, of a crime as defined in Section 1569.17. A conviction may only serve as the basis of a denial, suspension, or revocation if the individual has been denied clearance or a criminal record exemption pursuant to Section 1569.17.
(5)Engaging in acts of financial malfeasance concerning the operation of a facility, including, but not limited to, improper use or embezzlement of client moneys and property or fraudulent appropriation for personal gain of facility moneys and property, or willful or negligent failure to provide services for the care of clients.
(b)The remedies provided in this section may be applied if the department finds that any employee, administrator, partner, officer, director, member, or manager of the applicant or licensee, any person who controls, as defined in Section 1569.2, the licensee, or any person who holds a beneficial ownership interest of 10 percent or more in the applicant or licensee has engaged in the conduct described in subdivision (a) related to any facility licensed pursuant
to Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with Section 1250), or Chapter 3 (commencing with Section 1500), or a similarly licensed facility in California or any other state.
(c)The director may temporarily suspend a license, prior to a hearing when, in the opinion of the director, the action is necessary to protect residents or clients of the facility from physical or mental abuse, abandonment, or any other substantial threat to health or safety. The director shall notify the licensee of the temporary suspension and the effective date of the temporary suspension and at the same time shall serve the provider with an accusation. Upon receipt of a notice of defense to the accusation by the licensee, the director shall, within 15 days, set the matter for hearing, and the hearing shall be held as soon as possible but
not later than 30 days after receipt of the notice. The temporary suspension shall remain in effect until the time the hearing is completed and the director has made a final determination on the merits. However, the temporary suspension shall be deemed vacated if the director fails to make a final determination on the merits within 30 days after the original hearing has been completed.
(d)A licensee who abandons the facility and the residents in care resulting in an immediate and substantial threat to the health and safety of the abandoned residents, in addition to revocation of the license pursuant to this section, shall be excluded from licensure in facilities licensed by the department without the right to petition for reinstatement.
(a)The department may prohibit any person from being a licensee, owning a beneficial ownership interest of 10 percent or more in a licensed facility, or being an administrator, officer, director, member, or manager of a licensee or entity controlling a licensee, and may further prohibit any licensee from employing, or continuing the employment of, or allowing in a licensed facility, or allowing contact with clients of a licensed facility by, any employee, prospective employee, or person who is not a client and who has done any of the following:
(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 an individual in or receiving services from the facility, or the people of the State of California. If the alleged conduct was the subject of an arrest or criminal proceeding, that conduct may not serve as the basis of the prohibition unless the individual has been denied clearance or a criminal record exemption pursuant to Section 1569.17.
(3)Been denied an exemption to work or to be present in a facility, when that person has been convicted of a crime as defined in Section 1569.17.
(4)Engaged in
any other conduct that would constitute a basis for disciplining a licensee.
(5)Engaged in acts of financial malfeasance concerning the operation of a facility, including, but not limited to, improper use or embezzlement of client moneys and property or fraudulent appropriation for personal gain of facility moneys and property, or willful or negligent failure to provide services for the care of clients.
(b)The excluded person, the facility, and the licensee shall be given written notice of the basis of the department’s action and of the excluded person’s right to an appeal. The notice shall be served either by personal service or by registered mail. Within 15 days after the department serves the notice, the excluded person may file with the department a written appeal of the
exclusion order. If the excluded person fails to file a written appeal within the prescribed time, the department’s action shall be final.
(c)(1)The department may require the immediate removal of a member of the board of directors, an executive director, or an officer of a licensee or exclusion of an employee, prospective employee, or person who is not a client from a facility pending a final decision of the matter, when, in the opinion of the department, the action is necessary to protect residents or clients from physical or mental abuse, abandonment, or any other substantial threat to their health or safety.
(2)If the department requires the immediate removal of a member of the board of directors, an executive director, or an officer of a licensee or
exclusion of an employee, prospective employee, or person who is not a client from a facility the department shall serve an order of immediate exclusion upon the excluded person 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 by the excluded person pursuant to Section 11506 of the Government Code, conduct a hearing on the accusation.
(4)An order of immediate exclusion of the excluded person from the facility shall remain in effect until the hearing is completed and the department has made a final determination on the merits. However, the order of immediate exclusion shall be deemed vacated if the department fails to make a final determination on the merits within 60 days after the original hearing has been completed.
(d)An excluded person who files a written appeal of the exclusion order with the department pursuant to this section shall, as part of the written request, provide their
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, or otherwise take disciplinary action against the excluded person, notwithstanding any resignation, withdrawal of employment application, or change of duties by the excluded person, or any discharge, failure to hire, or reassignment of the excluded person by the licensee or that the excluded person no longer has contact with clients at the facility.
(g)A licensee’s failure to comply with the department’s exclusion order after being notified of the order shall be grounds for disciplining the licensee pursuant to Section 1569.50.
(h)(1)(A)In cases in which the excluded person appealed the exclusion order and there is a decision and order of the department upholding
the exclusion order, the person shall be prohibited from working in any facility or being licensed to operate any facility licensed by the department or from being a certified foster parent or resource family 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 in which the department informed the excluded person of their 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 or resource family 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.
(i)For purposes of this section, exclusion, as specified in subdivision (a), shall include exclusion from the home of a resource family,
as defined in Section 1517 of this code and Section 16519.5 of the Welfare and Institutions Code.
SEC. 10.SEC. 6.
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 childcare center or family childcare 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 the individual’s initial presence in a child day care facility.The department may deny an application for or suspend or revoke any license, registration, or special permit issued under this act upon any of the following grounds and in the manner provided in this act:
(a) Violation by the licensee, registrant, or holder of a special permit of this act or of the rules and regulations promulgated under this act.
(b) Aiding, abetting, or permitting the violating of this act or of the rules and regulations promulgated under this act.
(c) Conduct which is inimical to the health, morals, welfare, or safety
of either an individual in or receiving services from the facility or the people of this state. If the alleged conduct was the subject of an arrest or criminal proceeding, that conduct may not serve as the basis of a denial, suspension, or revocation unless the individual has been denied clearance or a criminal record exemption pursuant to Section 1596.871.
(d) The conviction of a licensee, or other person specified in Section 1596.871, at any time before or during licensure, of a crime as defined in Section 1596.871. A conviction may only serve as the basis of a denial, suspension, or revocation if the individual has been denied clearance or a criminal record exemption pursuant to Section 1596.871.
(e) Engaging in acts of financial malfeasance concerning the operation of a facility, including, but not limited to, improper use or embezzlement of client moneys and property or fraudulent appropriation for personal gain of facility moneys and property, or willful or negligent failure to provide services for the care of clients.
(a)The department may prohibit any person from being a member of the board of directors, an executive director, or an officer of a licensee or a licensee from employing, or continuing the employment of, or allowing in a licensed facility, or allowing contact with clients of a licensed facility by, any employee, prospective employee, or person who is not a client who has:
(1)Violated, or aided or permitted the violation by any other person of, any provisions of this chapter or of any rules or regulations promulgated under this chapter.
(2)Engaged in conduct that is inimical to the health, morals, welfare, or
safety of either an individual in or receiving services from the facility, or the people of the State of California. If the alleged conduct was the subject of an arrest or criminal proceeding, that conduct may not serve as the prohibition unless the individual has been denied clearance or a criminal record exemption pursuant to Section 1596.871.
(3)Been denied an exemption to work or to be present in a facility, when that person has been convicted of a crime as defined in Section 1596.871.
(4)Engaged in any other conduct that would constitute a basis for disciplining a licensee.
(5)Engaged in acts of financial malfeasance
concerning the operation of a facility, including, but not limited to, improper use or embezzlement of client moneys and property or fraudulent appropriation for personal gain of facility moneys and property, or willful or negligent failure to provide services for the care of clients.
(b)The excluded person, the facility, and the licensee shall be given written notice of the basis of the department’s action and of the excluded person’s right to an appeal. The notice shall be served either by personal service or by registered mail. Within 15 days after the department serves the notice, the excluded person may file with the department a written appeal of the exclusion order. If the excluded person fails to file a written appeal within the prescribed time, the department’s action shall be final.
(c)(1)The department may require the immediate removal of a member of the board of directors, an executive director, or an officer of a licensee or exclusion of an employee, prospective employee, or person who is not a client from a facility pending a final decision of the matter, when, in the opinion of the department, the action is necessary to protect residents or clients from physical or mental abuse, abandonment, or any other substantial threat to their health or safety.
(2)If the department requires the immediate removal of a member of the board of directors, an executive director, or an officer of a licensee or exclusion of an employee, prospective employee, or person who is not a client from a facility, the department shall serve an order of immediate exclusion upon the excluded person 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 by the employee or prospective employee pursuant to Section 11506 of the Government Code, conduct a hearing
on the accusation.
(4)An order of immediate exclusion of the excluded person from the facility shall remain in effect until the hearing is completed and the department has made a final determination on the merits. However, the order of immediate exclusion shall be deemed vacated if the department fails to make a final determination on the merits within 60 days after the original hearing has been completed.
(d)An excluded person who files a written appeal of the exclusion order with the department pursuant to this section shall, as part of the written request, provide their 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, the executive director, or an officer of a licensee prohibiting the excluded person’s employment or presence in the
facility, or otherwise take disciplinary action against the excluded person, notwithstanding any resignation, withdrawal of employment application, or change of duties by the excluded person, or any discharge, failure to hire, or reassignment of the excluded person by the licensee or that the excluded person no longer has contact with clients at the facility.
(g)A licensee’s failure to comply with the department’s exclusion order after being notified of the order shall be grounds for disciplining the licensee pursuant to Section 1596.885 or 1596.886.
(h)(1)(A)In cases in which the excluded person appealed the exclusion order and there is a decision and order upholding the exclusion order, the person shall be prohibited from working in any
facility or being licensed to operate any facility licensed by the department or from being a certified foster parent or resource family 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 in which the department informed the excluded person of their 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 or resource family 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.
(i)For purposes of this section, exclusion, as specified in subdivision (a), shall include exclusion from the home of a resource family, as defined in Section 1517 of this code and Section 16519.5 of the Welfare and
Institutions Code.