Amended IN Senate June 28, 2023 Amended IN Senate June 08, 2023 Amended IN Assembly May 18, 2023 Amended IN Assembly March 20, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 426Introduced by Assembly Member JacksonFebruary 06, 2023An act to add Section 1547.1 to the Health and Safety Code, and to add Section 16003 to the Welfare and Institutions Code, relating to foster care, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTAB 426, as amended, Jackson. County-operated residential Unlicensed residential foster care facilities: temporary placement management.Existing law generally provides for the placement of foster youth in various placement settings and governs the provision, through the State Department of Social Services and county welfare departments, of child welfare services, which is defined to mean public social services that are directed toward the accomplishment of specified purposes, including protecting and promoting the welfare of all children, preventing the unnecessary separation of children from their families, and restoring to their families children who have been removed. Existing The California Community Care Facilities Act provides for the licensure and regulation of community care and residential facilities, including certain residential facilities that provide care for foster youth. Existing law requires the Office of the State Foster Care Ombudsperson to be established in the department with prescribed powers and duties relating to the management of foster children. Existing law authorizes the ombudsperson, as part of the offices efforts to resolve complaints related to foster care, to conduct whatever investigation reasonably related to the complaint and to foster care that the ombudsperson deems necessary.Existing law grants specified rights to all minors and nonminors in foster care, including, among others, the right to receive medical, dental, vision, and mental health services, the right to be informed of these rights in an age- and developmentally appropriate manner, and the right to receive a copy of these rights at specified intervals.This bill would authorize the State Department of Social Services to appoint a temporary placement manager, as defined, if the department has reason to believe, including pursuant to a complaint investigated by the State Foster Care Ombudsperson, that a county-operated an unlicensed residential foster care facility facility, as defined, is endangering the welfare of foster care children or youth in the facility facility, including, but not limited to, in violation of any of the rights described above. The bill would require the department to issue a an initial statement of allegations, followed by a formal statement of causes and concerns allegations that specifies the factual and legal basis for the imposition of a temporary appointment of a temporary placement manager to operate the facility if the identified deficiencies are not remedied within 60 days of receipt of the statement of causes and concerns. 60 calendar days after issuance of the formal statement of allegations. The bill would require the appointment of the temporary placement manger to be effective 61 calendar days after the department issues the statement of causes and concerns, and until the temporary manager temporary placement manager notifies the department, and the department verifies, that the facility has corrected the deficiencies identified by the department, or that suitable alternative that appropriate placements have been arranged for all foster children and youth in the facility, as prescribed.Existing law prohibits an unlicensed community care facility, as defined, from operating in the state, and prohibits a person, firm, partnership, association, or corporation within the state, or state or local public agency, from operating, establishing, managing, conducting, or maintaining a community care facility in this state, without a current, valid community care facility license. Existing law authorizes the department to assess an immediate civil penalty in the amount of $200 per day for a violation of either or both of those prohibitions, as specified.This bill, notwithstanding those provisions, would assess civil penalties on an unlicensed residential foster care facility that violates the above prohibitions, in the amount of $500 for each foster child or youth residing in the facility per day of the violation for 60 calendar days after the facility receives the formal statement of allegations. The bill additionally would assess penalties in the amount of $5,000 for each foster child or youth residing in the facility per day of the violation if the person fails to locate appropriate placements for all of the foster children and youth residing in the unlicensed facility within 60 days after receiving the formal statement of allegations. The bill would authorize a facility to appeal the assessment to the director.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1547.1 is added to the Health and Safety Code, to read:1547.1. (a) (1) Notwithstanding Sections 1540 and 1547 or any other provision of this chapter, with respect to an unlicensed residential foster care facility, as defined in Section 16003 of the Welfare and Institutions Code, a person who violates Section 1503.5, 1508, or both, shall be assessed by the department an immediate civil penalty in the amount of five hundred dollars ($500) for each foster child or youth residing in the facility per day of the violation.(2) A civil penalty under this subdivision shall be assessed commencing on the date the unlicensed facility is issued a formal statement of allegations by the department pursuant to subdivision (c) of Section 16003 of the Welfare and Institutions Code that the department is endangering the health and safety of foster children or youth, including, but not limited to, by violating any of the rights specified in Section 16001.9 of the Welfare and Institutions Code.(b) In addition to the penalties assessed under subdivision (a), a person that fails to locate appropriate placements for all of the foster children and youth residing in the unlicensed facility within 60 days after receiving the formal statement of allegations shall be assessed by the department an immediate civil penalty in the amount of five thousand dollars ($5,000) for each remaining foster child or youth residing in the unlicensed facility per day of the violation.(c) A person subject to this section may appeal the assessment to the director. The department shall adopt regulations setting forth the appeal procedure.SECTION 1.SEC. 2. Section 16003 is added to the Welfare and Institutions Code, to read:16003. (a) It is the intent of the Legislature in enacting this section to empower the state department to take quick, effective action to protect the health and safety of all foster children and youth in county-operated unlicensed residential foster care facilities.(b) The following definitions apply for purposes of this section:(1) County-operated residential Residential foster care facility or facility means a facility operated by the county that provides 24-hour nonmedical care and supervision to foster children or youth. A county-operated residential Residential foster care facility does not include a private foster family home, small family home, or certified family home.(2) Temporary placement manager means a person, corporation, or other entity, appointed temporarily by the department as a substitute facility placement manager or administrator with authority to hire, terminate, or reassign staff, obligate facility funds, alter facility procedures, and manage the facility to correct deficiencies identified in the facilitys operation as described in this section. appropriate placement of a foster child or youth, as defined in Section 1527 of the Health and Safety Code.(c) (1) The department may provide a shall provide an initial statement of allegations to a county residential foster care facility if the department has reason to believe, including, but not limited to, pursuant to a complaint investigated by the State Foster Care Ombudsperson, that the a county-operated residential foster care facility is not licensed under Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, and is endangering the welfare of foster care children or youth in the facility in facility, including, but not limited to, by violation of any of the rights specified in Section 16001.9. Within 48 hours of providing the initial statement of allegations, the department shall provide the county with a formal statement of cause and concerns that specifies the factual and legal basis for the imposition of a temporary manager to operate the facility if the identified deficiencies are not remedied within 60 days of issuance of the statement of causes and concerns. facility with a formal statement of allegations. The formal statement of allegations shall specify the departments factual and legal basis for appointing, 60 calendar days after the formal statement of allegations is issued, a temporary placement manager to locate appropriate placements for any foster children or youth residing in the unlicensed facility, and operate the facility until all appropriate placements have been arranged. The statement of causes and concerns formal statement of allegations shall be supported by the declaration of the director or the directors authorized designee.(2) Upon appointment, the temporary placement manager shall take all necessary steps and make best efforts to correct the deficiencies specified in the statement of causes and concerns, or arrange suitable appropriate alternative placements for all foster children and youth in the facility.(d) (1) The appointment of a temporary placement manager is effective 61 calendar days after the department issues the formal statement of causes and concerns, and continues until either of the following occurs:(1)The temporary manager notifies the department, and the department verifies, that the facility has corrected the deficiencies identified by the department and will be able to continue to maintain that level of compliance after the termination of temporary management.(2)The temporary the temporary placement manager notifies the department, and the department verifies, that suitable alternative appropriate placements have been arranged for all foster children and youth in the facility.(2) A temporary placement manager shall not be appointed if the facility arranges appropriate placements for all children and youth residing in the facility before the end of the 60-day time period specified in subdivision (c).(e) The appointment of a temporary placement manager authorizes the temporary placement manager to act pursuant to this section, and shall be made pursuant to an agreement between the temporary placement manager and the department that outlines the circumstances under which the temporary placement manager may expend funds. The temporary placement manager shall make no long-term capital investments to the facility without the permission of the department.(f) The temporary placement manager appointed pursuant to this section shall meet the following qualifications:(1) Be qualified to oversee correction of deficiencies on the basis of experience and education.(2) Not have been found guilty of misconduct misconduct, and not be the subject of any pending action or investigation, by any licensing board.(3) Not currently serve, or have served within the past two years, as a member of the staff of the facility.SEC. 2.SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to ensure the safety and welfare of children and youth in county-operated unlicensed residential foster care facilities at the earliest possible time, it is necessary for this bill to take effect immediately.
Amended IN Senate June 28, 2023 Amended IN Senate June 08, 2023 Amended IN Assembly May 18, 2023 Amended IN Assembly March 20, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 426Introduced by Assembly Member JacksonFebruary 06, 2023An act to add Section 1547.1 to the Health and Safety Code, and to add Section 16003 to the Welfare and Institutions Code, relating to foster care, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTAB 426, as amended, Jackson. County-operated residential Unlicensed residential foster care facilities: temporary placement management.Existing law generally provides for the placement of foster youth in various placement settings and governs the provision, through the State Department of Social Services and county welfare departments, of child welfare services, which is defined to mean public social services that are directed toward the accomplishment of specified purposes, including protecting and promoting the welfare of all children, preventing the unnecessary separation of children from their families, and restoring to their families children who have been removed. Existing The California Community Care Facilities Act provides for the licensure and regulation of community care and residential facilities, including certain residential facilities that provide care for foster youth. Existing law requires the Office of the State Foster Care Ombudsperson to be established in the department with prescribed powers and duties relating to the management of foster children. Existing law authorizes the ombudsperson, as part of the offices efforts to resolve complaints related to foster care, to conduct whatever investigation reasonably related to the complaint and to foster care that the ombudsperson deems necessary.Existing law grants specified rights to all minors and nonminors in foster care, including, among others, the right to receive medical, dental, vision, and mental health services, the right to be informed of these rights in an age- and developmentally appropriate manner, and the right to receive a copy of these rights at specified intervals.This bill would authorize the State Department of Social Services to appoint a temporary placement manager, as defined, if the department has reason to believe, including pursuant to a complaint investigated by the State Foster Care Ombudsperson, that a county-operated an unlicensed residential foster care facility facility, as defined, is endangering the welfare of foster care children or youth in the facility facility, including, but not limited to, in violation of any of the rights described above. The bill would require the department to issue a an initial statement of allegations, followed by a formal statement of causes and concerns allegations that specifies the factual and legal basis for the imposition of a temporary appointment of a temporary placement manager to operate the facility if the identified deficiencies are not remedied within 60 days of receipt of the statement of causes and concerns. 60 calendar days after issuance of the formal statement of allegations. The bill would require the appointment of the temporary placement manger to be effective 61 calendar days after the department issues the statement of causes and concerns, and until the temporary manager temporary placement manager notifies the department, and the department verifies, that the facility has corrected the deficiencies identified by the department, or that suitable alternative that appropriate placements have been arranged for all foster children and youth in the facility, as prescribed.Existing law prohibits an unlicensed community care facility, as defined, from operating in the state, and prohibits a person, firm, partnership, association, or corporation within the state, or state or local public agency, from operating, establishing, managing, conducting, or maintaining a community care facility in this state, without a current, valid community care facility license. Existing law authorizes the department to assess an immediate civil penalty in the amount of $200 per day for a violation of either or both of those prohibitions, as specified.This bill, notwithstanding those provisions, would assess civil penalties on an unlicensed residential foster care facility that violates the above prohibitions, in the amount of $500 for each foster child or youth residing in the facility per day of the violation for 60 calendar days after the facility receives the formal statement of allegations. The bill additionally would assess penalties in the amount of $5,000 for each foster child or youth residing in the facility per day of the violation if the person fails to locate appropriate placements for all of the foster children and youth residing in the unlicensed facility within 60 days after receiving the formal statement of allegations. The bill would authorize a facility to appeal the assessment to the director.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate June 28, 2023 Amended IN Senate June 08, 2023 Amended IN Assembly May 18, 2023 Amended IN Assembly March 20, 2023
Amended IN Senate June 28, 2023
Amended IN Senate June 08, 2023
Amended IN Assembly May 18, 2023
Amended IN Assembly March 20, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 426
Introduced by Assembly Member JacksonFebruary 06, 2023
Introduced by Assembly Member Jackson
February 06, 2023
An act to add Section 1547.1 to the Health and Safety Code, and to add Section 16003 to the Welfare and Institutions Code, relating to foster care, and declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 426, as amended, Jackson. County-operated residential Unlicensed residential foster care facilities: temporary placement management.
Existing law generally provides for the placement of foster youth in various placement settings and governs the provision, through the State Department of Social Services and county welfare departments, of child welfare services, which is defined to mean public social services that are directed toward the accomplishment of specified purposes, including protecting and promoting the welfare of all children, preventing the unnecessary separation of children from their families, and restoring to their families children who have been removed. Existing The California Community Care Facilities Act provides for the licensure and regulation of community care and residential facilities, including certain residential facilities that provide care for foster youth. Existing law requires the Office of the State Foster Care Ombudsperson to be established in the department with prescribed powers and duties relating to the management of foster children. Existing law authorizes the ombudsperson, as part of the offices efforts to resolve complaints related to foster care, to conduct whatever investigation reasonably related to the complaint and to foster care that the ombudsperson deems necessary.Existing law grants specified rights to all minors and nonminors in foster care, including, among others, the right to receive medical, dental, vision, and mental health services, the right to be informed of these rights in an age- and developmentally appropriate manner, and the right to receive a copy of these rights at specified intervals.This bill would authorize the State Department of Social Services to appoint a temporary placement manager, as defined, if the department has reason to believe, including pursuant to a complaint investigated by the State Foster Care Ombudsperson, that a county-operated an unlicensed residential foster care facility facility, as defined, is endangering the welfare of foster care children or youth in the facility facility, including, but not limited to, in violation of any of the rights described above. The bill would require the department to issue a an initial statement of allegations, followed by a formal statement of causes and concerns allegations that specifies the factual and legal basis for the imposition of a temporary appointment of a temporary placement manager to operate the facility if the identified deficiencies are not remedied within 60 days of receipt of the statement of causes and concerns. 60 calendar days after issuance of the formal statement of allegations. The bill would require the appointment of the temporary placement manger to be effective 61 calendar days after the department issues the statement of causes and concerns, and until the temporary manager temporary placement manager notifies the department, and the department verifies, that the facility has corrected the deficiencies identified by the department, or that suitable alternative that appropriate placements have been arranged for all foster children and youth in the facility, as prescribed.Existing law prohibits an unlicensed community care facility, as defined, from operating in the state, and prohibits a person, firm, partnership, association, or corporation within the state, or state or local public agency, from operating, establishing, managing, conducting, or maintaining a community care facility in this state, without a current, valid community care facility license. Existing law authorizes the department to assess an immediate civil penalty in the amount of $200 per day for a violation of either or both of those prohibitions, as specified.This bill, notwithstanding those provisions, would assess civil penalties on an unlicensed residential foster care facility that violates the above prohibitions, in the amount of $500 for each foster child or youth residing in the facility per day of the violation for 60 calendar days after the facility receives the formal statement of allegations. The bill additionally would assess penalties in the amount of $5,000 for each foster child or youth residing in the facility per day of the violation if the person fails to locate appropriate placements for all of the foster children and youth residing in the unlicensed facility within 60 days after receiving the formal statement of allegations. The bill would authorize a facility to appeal the assessment to the director.This bill would declare that it is to take effect immediately as an urgency statute.
Existing law generally provides for the placement of foster youth in various placement settings and governs the provision, through the State Department of Social Services and county welfare departments, of child welfare services, which is defined to mean public social services that are directed toward the accomplishment of specified purposes, including protecting and promoting the welfare of all children, preventing the unnecessary separation of children from their families, and restoring to their families children who have been removed. Existing The California Community Care Facilities Act provides for the licensure and regulation of community care and residential facilities, including certain residential facilities that provide care for foster youth.
Existing law requires the Office of the State Foster Care Ombudsperson to be established in the department with prescribed powers and duties relating to the management of foster children. Existing law authorizes the ombudsperson, as part of the offices efforts to resolve complaints related to foster care, to conduct whatever investigation reasonably related to the complaint and to foster care that the ombudsperson deems necessary.
Existing law grants specified rights to all minors and nonminors in foster care, including, among others, the right to receive medical, dental, vision, and mental health services, the right to be informed of these rights in an age- and developmentally appropriate manner, and the right to receive a copy of these rights at specified intervals.
This bill would authorize the State Department of Social Services to appoint a temporary placement manager, as defined, if the department has reason to believe, including pursuant to a complaint investigated by the State Foster Care Ombudsperson, that a county-operated an unlicensed residential foster care facility facility, as defined, is endangering the welfare of foster care children or youth in the facility facility, including, but not limited to, in violation of any of the rights described above. The bill would require the department to issue a an initial statement of allegations, followed by a formal statement of causes and concerns allegations that specifies the factual and legal basis for the imposition of a temporary appointment of a temporary placement manager to operate the facility if the identified deficiencies are not remedied within 60 days of receipt of the statement of causes and concerns. 60 calendar days after issuance of the formal statement of allegations. The bill would require the appointment of the temporary placement manger to be effective 61 calendar days after the department issues the statement of causes and concerns, and until the temporary manager temporary placement manager notifies the department, and the department verifies, that the facility has corrected the deficiencies identified by the department, or that suitable alternative that appropriate placements have been arranged for all foster children and youth in the facility, as prescribed.
Existing law prohibits an unlicensed community care facility, as defined, from operating in the state, and prohibits a person, firm, partnership, association, or corporation within the state, or state or local public agency, from operating, establishing, managing, conducting, or maintaining a community care facility in this state, without a current, valid community care facility license. Existing law authorizes the department to assess an immediate civil penalty in the amount of $200 per day for a violation of either or both of those prohibitions, as specified.
This bill, notwithstanding those provisions, would assess civil penalties on an unlicensed residential foster care facility that violates the above prohibitions, in the amount of $500 for each foster child or youth residing in the facility per day of the violation for 60 calendar days after the facility receives the formal statement of allegations. The bill additionally would assess penalties in the amount of $5,000 for each foster child or youth residing in the facility per day of the violation if the person fails to locate appropriate placements for all of the foster children and youth residing in the unlicensed facility within 60 days after receiving the formal statement of allegations. The bill would authorize a facility to appeal the assessment to the director.
This bill would declare that it is to take effect immediately as an urgency statute.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1547.1 is added to the Health and Safety Code, to read:1547.1. (a) (1) Notwithstanding Sections 1540 and 1547 or any other provision of this chapter, with respect to an unlicensed residential foster care facility, as defined in Section 16003 of the Welfare and Institutions Code, a person who violates Section 1503.5, 1508, or both, shall be assessed by the department an immediate civil penalty in the amount of five hundred dollars ($500) for each foster child or youth residing in the facility per day of the violation.(2) A civil penalty under this subdivision shall be assessed commencing on the date the unlicensed facility is issued a formal statement of allegations by the department pursuant to subdivision (c) of Section 16003 of the Welfare and Institutions Code that the department is endangering the health and safety of foster children or youth, including, but not limited to, by violating any of the rights specified in Section 16001.9 of the Welfare and Institutions Code.(b) In addition to the penalties assessed under subdivision (a), a person that fails to locate appropriate placements for all of the foster children and youth residing in the unlicensed facility within 60 days after receiving the formal statement of allegations shall be assessed by the department an immediate civil penalty in the amount of five thousand dollars ($5,000) for each remaining foster child or youth residing in the unlicensed facility per day of the violation.(c) A person subject to this section may appeal the assessment to the director. The department shall adopt regulations setting forth the appeal procedure.SECTION 1.SEC. 2. Section 16003 is added to the Welfare and Institutions Code, to read:16003. (a) It is the intent of the Legislature in enacting this section to empower the state department to take quick, effective action to protect the health and safety of all foster children and youth in county-operated unlicensed residential foster care facilities.(b) The following definitions apply for purposes of this section:(1) County-operated residential Residential foster care facility or facility means a facility operated by the county that provides 24-hour nonmedical care and supervision to foster children or youth. A county-operated residential Residential foster care facility does not include a private foster family home, small family home, or certified family home.(2) Temporary placement manager means a person, corporation, or other entity, appointed temporarily by the department as a substitute facility placement manager or administrator with authority to hire, terminate, or reassign staff, obligate facility funds, alter facility procedures, and manage the facility to correct deficiencies identified in the facilitys operation as described in this section. appropriate placement of a foster child or youth, as defined in Section 1527 of the Health and Safety Code.(c) (1) The department may provide a shall provide an initial statement of allegations to a county residential foster care facility if the department has reason to believe, including, but not limited to, pursuant to a complaint investigated by the State Foster Care Ombudsperson, that the a county-operated residential foster care facility is not licensed under Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, and is endangering the welfare of foster care children or youth in the facility in facility, including, but not limited to, by violation of any of the rights specified in Section 16001.9. Within 48 hours of providing the initial statement of allegations, the department shall provide the county with a formal statement of cause and concerns that specifies the factual and legal basis for the imposition of a temporary manager to operate the facility if the identified deficiencies are not remedied within 60 days of issuance of the statement of causes and concerns. facility with a formal statement of allegations. The formal statement of allegations shall specify the departments factual and legal basis for appointing, 60 calendar days after the formal statement of allegations is issued, a temporary placement manager to locate appropriate placements for any foster children or youth residing in the unlicensed facility, and operate the facility until all appropriate placements have been arranged. The statement of causes and concerns formal statement of allegations shall be supported by the declaration of the director or the directors authorized designee.(2) Upon appointment, the temporary placement manager shall take all necessary steps and make best efforts to correct the deficiencies specified in the statement of causes and concerns, or arrange suitable appropriate alternative placements for all foster children and youth in the facility.(d) (1) The appointment of a temporary placement manager is effective 61 calendar days after the department issues the formal statement of causes and concerns, and continues until either of the following occurs:(1)The temporary manager notifies the department, and the department verifies, that the facility has corrected the deficiencies identified by the department and will be able to continue to maintain that level of compliance after the termination of temporary management.(2)The temporary the temporary placement manager notifies the department, and the department verifies, that suitable alternative appropriate placements have been arranged for all foster children and youth in the facility.(2) A temporary placement manager shall not be appointed if the facility arranges appropriate placements for all children and youth residing in the facility before the end of the 60-day time period specified in subdivision (c).(e) The appointment of a temporary placement manager authorizes the temporary placement manager to act pursuant to this section, and shall be made pursuant to an agreement between the temporary placement manager and the department that outlines the circumstances under which the temporary placement manager may expend funds. The temporary placement manager shall make no long-term capital investments to the facility without the permission of the department.(f) The temporary placement manager appointed pursuant to this section shall meet the following qualifications:(1) Be qualified to oversee correction of deficiencies on the basis of experience and education.(2) Not have been found guilty of misconduct misconduct, and not be the subject of any pending action or investigation, by any licensing board.(3) Not currently serve, or have served within the past two years, as a member of the staff of the facility.SEC. 2.SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to ensure the safety and welfare of children and youth in county-operated unlicensed residential foster care facilities at the earliest possible time, it is necessary for this bill to take effect immediately.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 1547.1 is added to the Health and Safety Code, to read:1547.1. (a) (1) Notwithstanding Sections 1540 and 1547 or any other provision of this chapter, with respect to an unlicensed residential foster care facility, as defined in Section 16003 of the Welfare and Institutions Code, a person who violates Section 1503.5, 1508, or both, shall be assessed by the department an immediate civil penalty in the amount of five hundred dollars ($500) for each foster child or youth residing in the facility per day of the violation.(2) A civil penalty under this subdivision shall be assessed commencing on the date the unlicensed facility is issued a formal statement of allegations by the department pursuant to subdivision (c) of Section 16003 of the Welfare and Institutions Code that the department is endangering the health and safety of foster children or youth, including, but not limited to, by violating any of the rights specified in Section 16001.9 of the Welfare and Institutions Code.(b) In addition to the penalties assessed under subdivision (a), a person that fails to locate appropriate placements for all of the foster children and youth residing in the unlicensed facility within 60 days after receiving the formal statement of allegations shall be assessed by the department an immediate civil penalty in the amount of five thousand dollars ($5,000) for each remaining foster child or youth residing in the unlicensed facility per day of the violation.(c) A person subject to this section may appeal the assessment to the director. The department shall adopt regulations setting forth the appeal procedure.
SECTION 1. Section 1547.1 is added to the Health and Safety Code, to read:
### SECTION 1.
1547.1. (a) (1) Notwithstanding Sections 1540 and 1547 or any other provision of this chapter, with respect to an unlicensed residential foster care facility, as defined in Section 16003 of the Welfare and Institutions Code, a person who violates Section 1503.5, 1508, or both, shall be assessed by the department an immediate civil penalty in the amount of five hundred dollars ($500) for each foster child or youth residing in the facility per day of the violation.(2) A civil penalty under this subdivision shall be assessed commencing on the date the unlicensed facility is issued a formal statement of allegations by the department pursuant to subdivision (c) of Section 16003 of the Welfare and Institutions Code that the department is endangering the health and safety of foster children or youth, including, but not limited to, by violating any of the rights specified in Section 16001.9 of the Welfare and Institutions Code.(b) In addition to the penalties assessed under subdivision (a), a person that fails to locate appropriate placements for all of the foster children and youth residing in the unlicensed facility within 60 days after receiving the formal statement of allegations shall be assessed by the department an immediate civil penalty in the amount of five thousand dollars ($5,000) for each remaining foster child or youth residing in the unlicensed facility per day of the violation.(c) A person subject to this section may appeal the assessment to the director. The department shall adopt regulations setting forth the appeal procedure.
1547.1. (a) (1) Notwithstanding Sections 1540 and 1547 or any other provision of this chapter, with respect to an unlicensed residential foster care facility, as defined in Section 16003 of the Welfare and Institutions Code, a person who violates Section 1503.5, 1508, or both, shall be assessed by the department an immediate civil penalty in the amount of five hundred dollars ($500) for each foster child or youth residing in the facility per day of the violation.(2) A civil penalty under this subdivision shall be assessed commencing on the date the unlicensed facility is issued a formal statement of allegations by the department pursuant to subdivision (c) of Section 16003 of the Welfare and Institutions Code that the department is endangering the health and safety of foster children or youth, including, but not limited to, by violating any of the rights specified in Section 16001.9 of the Welfare and Institutions Code.(b) In addition to the penalties assessed under subdivision (a), a person that fails to locate appropriate placements for all of the foster children and youth residing in the unlicensed facility within 60 days after receiving the formal statement of allegations shall be assessed by the department an immediate civil penalty in the amount of five thousand dollars ($5,000) for each remaining foster child or youth residing in the unlicensed facility per day of the violation.(c) A person subject to this section may appeal the assessment to the director. The department shall adopt regulations setting forth the appeal procedure.
1547.1. (a) (1) Notwithstanding Sections 1540 and 1547 or any other provision of this chapter, with respect to an unlicensed residential foster care facility, as defined in Section 16003 of the Welfare and Institutions Code, a person who violates Section 1503.5, 1508, or both, shall be assessed by the department an immediate civil penalty in the amount of five hundred dollars ($500) for each foster child or youth residing in the facility per day of the violation.(2) A civil penalty under this subdivision shall be assessed commencing on the date the unlicensed facility is issued a formal statement of allegations by the department pursuant to subdivision (c) of Section 16003 of the Welfare and Institutions Code that the department is endangering the health and safety of foster children or youth, including, but not limited to, by violating any of the rights specified in Section 16001.9 of the Welfare and Institutions Code.(b) In addition to the penalties assessed under subdivision (a), a person that fails to locate appropriate placements for all of the foster children and youth residing in the unlicensed facility within 60 days after receiving the formal statement of allegations shall be assessed by the department an immediate civil penalty in the amount of five thousand dollars ($5,000) for each remaining foster child or youth residing in the unlicensed facility per day of the violation.(c) A person subject to this section may appeal the assessment to the director. The department shall adopt regulations setting forth the appeal procedure.
1547.1. (a) (1) Notwithstanding Sections 1540 and 1547 or any other provision of this chapter, with respect to an unlicensed residential foster care facility, as defined in Section 16003 of the Welfare and Institutions Code, a person who violates Section 1503.5, 1508, or both, shall be assessed by the department an immediate civil penalty in the amount of five hundred dollars ($500) for each foster child or youth residing in the facility per day of the violation.
(2) A civil penalty under this subdivision shall be assessed commencing on the date the unlicensed facility is issued a formal statement of allegations by the department pursuant to subdivision (c) of Section 16003 of the Welfare and Institutions Code that the department is endangering the health and safety of foster children or youth, including, but not limited to, by violating any of the rights specified in Section 16001.9 of the Welfare and Institutions Code.
(b) In addition to the penalties assessed under subdivision (a), a person that fails to locate appropriate placements for all of the foster children and youth residing in the unlicensed facility within 60 days after receiving the formal statement of allegations shall be assessed by the department an immediate civil penalty in the amount of five thousand dollars ($5,000) for each remaining foster child or youth residing in the unlicensed facility per day of the violation.
(c) A person subject to this section may appeal the assessment to the director. The department shall adopt regulations setting forth the appeal procedure.
SECTION 1.SEC. 2. Section 16003 is added to the Welfare and Institutions Code, to read:16003. (a) It is the intent of the Legislature in enacting this section to empower the state department to take quick, effective action to protect the health and safety of all foster children and youth in county-operated unlicensed residential foster care facilities.(b) The following definitions apply for purposes of this section:(1) County-operated residential Residential foster care facility or facility means a facility operated by the county that provides 24-hour nonmedical care and supervision to foster children or youth. A county-operated residential Residential foster care facility does not include a private foster family home, small family home, or certified family home.(2) Temporary placement manager means a person, corporation, or other entity, appointed temporarily by the department as a substitute facility placement manager or administrator with authority to hire, terminate, or reassign staff, obligate facility funds, alter facility procedures, and manage the facility to correct deficiencies identified in the facilitys operation as described in this section. appropriate placement of a foster child or youth, as defined in Section 1527 of the Health and Safety Code.(c) (1) The department may provide a shall provide an initial statement of allegations to a county residential foster care facility if the department has reason to believe, including, but not limited to, pursuant to a complaint investigated by the State Foster Care Ombudsperson, that the a county-operated residential foster care facility is not licensed under Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, and is endangering the welfare of foster care children or youth in the facility in facility, including, but not limited to, by violation of any of the rights specified in Section 16001.9. Within 48 hours of providing the initial statement of allegations, the department shall provide the county with a formal statement of cause and concerns that specifies the factual and legal basis for the imposition of a temporary manager to operate the facility if the identified deficiencies are not remedied within 60 days of issuance of the statement of causes and concerns. facility with a formal statement of allegations. The formal statement of allegations shall specify the departments factual and legal basis for appointing, 60 calendar days after the formal statement of allegations is issued, a temporary placement manager to locate appropriate placements for any foster children or youth residing in the unlicensed facility, and operate the facility until all appropriate placements have been arranged. The statement of causes and concerns formal statement of allegations shall be supported by the declaration of the director or the directors authorized designee.(2) Upon appointment, the temporary placement manager shall take all necessary steps and make best efforts to correct the deficiencies specified in the statement of causes and concerns, or arrange suitable appropriate alternative placements for all foster children and youth in the facility.(d) (1) The appointment of a temporary placement manager is effective 61 calendar days after the department issues the formal statement of causes and concerns, and continues until either of the following occurs:(1)The temporary manager notifies the department, and the department verifies, that the facility has corrected the deficiencies identified by the department and will be able to continue to maintain that level of compliance after the termination of temporary management.(2)The temporary the temporary placement manager notifies the department, and the department verifies, that suitable alternative appropriate placements have been arranged for all foster children and youth in the facility.(2) A temporary placement manager shall not be appointed if the facility arranges appropriate placements for all children and youth residing in the facility before the end of the 60-day time period specified in subdivision (c).(e) The appointment of a temporary placement manager authorizes the temporary placement manager to act pursuant to this section, and shall be made pursuant to an agreement between the temporary placement manager and the department that outlines the circumstances under which the temporary placement manager may expend funds. The temporary placement manager shall make no long-term capital investments to the facility without the permission of the department.(f) The temporary placement manager appointed pursuant to this section shall meet the following qualifications:(1) Be qualified to oversee correction of deficiencies on the basis of experience and education.(2) Not have been found guilty of misconduct misconduct, and not be the subject of any pending action or investigation, by any licensing board.(3) Not currently serve, or have served within the past two years, as a member of the staff of the facility.
SECTION 1.SEC. 2. Section 16003 is added to the Welfare and Institutions Code, to read:
### SECTION 1.SEC. 2.
16003. (a) It is the intent of the Legislature in enacting this section to empower the state department to take quick, effective action to protect the health and safety of all foster children and youth in county-operated unlicensed residential foster care facilities.(b) The following definitions apply for purposes of this section:(1) County-operated residential Residential foster care facility or facility means a facility operated by the county that provides 24-hour nonmedical care and supervision to foster children or youth. A county-operated residential Residential foster care facility does not include a private foster family home, small family home, or certified family home.(2) Temporary placement manager means a person, corporation, or other entity, appointed temporarily by the department as a substitute facility placement manager or administrator with authority to hire, terminate, or reassign staff, obligate facility funds, alter facility procedures, and manage the facility to correct deficiencies identified in the facilitys operation as described in this section. appropriate placement of a foster child or youth, as defined in Section 1527 of the Health and Safety Code.(c) (1) The department may provide a shall provide an initial statement of allegations to a county residential foster care facility if the department has reason to believe, including, but not limited to, pursuant to a complaint investigated by the State Foster Care Ombudsperson, that the a county-operated residential foster care facility is not licensed under Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, and is endangering the welfare of foster care children or youth in the facility in facility, including, but not limited to, by violation of any of the rights specified in Section 16001.9. Within 48 hours of providing the initial statement of allegations, the department shall provide the county with a formal statement of cause and concerns that specifies the factual and legal basis for the imposition of a temporary manager to operate the facility if the identified deficiencies are not remedied within 60 days of issuance of the statement of causes and concerns. facility with a formal statement of allegations. The formal statement of allegations shall specify the departments factual and legal basis for appointing, 60 calendar days after the formal statement of allegations is issued, a temporary placement manager to locate appropriate placements for any foster children or youth residing in the unlicensed facility, and operate the facility until all appropriate placements have been arranged. The statement of causes and concerns formal statement of allegations shall be supported by the declaration of the director or the directors authorized designee.(2) Upon appointment, the temporary placement manager shall take all necessary steps and make best efforts to correct the deficiencies specified in the statement of causes and concerns, or arrange suitable appropriate alternative placements for all foster children and youth in the facility.(d) (1) The appointment of a temporary placement manager is effective 61 calendar days after the department issues the formal statement of causes and concerns, and continues until either of the following occurs:(1)The temporary manager notifies the department, and the department verifies, that the facility has corrected the deficiencies identified by the department and will be able to continue to maintain that level of compliance after the termination of temporary management.(2)The temporary the temporary placement manager notifies the department, and the department verifies, that suitable alternative appropriate placements have been arranged for all foster children and youth in the facility.(2) A temporary placement manager shall not be appointed if the facility arranges appropriate placements for all children and youth residing in the facility before the end of the 60-day time period specified in subdivision (c).(e) The appointment of a temporary placement manager authorizes the temporary placement manager to act pursuant to this section, and shall be made pursuant to an agreement between the temporary placement manager and the department that outlines the circumstances under which the temporary placement manager may expend funds. The temporary placement manager shall make no long-term capital investments to the facility without the permission of the department.(f) The temporary placement manager appointed pursuant to this section shall meet the following qualifications:(1) Be qualified to oversee correction of deficiencies on the basis of experience and education.(2) Not have been found guilty of misconduct misconduct, and not be the subject of any pending action or investigation, by any licensing board.(3) Not currently serve, or have served within the past two years, as a member of the staff of the facility.
16003. (a) It is the intent of the Legislature in enacting this section to empower the state department to take quick, effective action to protect the health and safety of all foster children and youth in county-operated unlicensed residential foster care facilities.(b) The following definitions apply for purposes of this section:(1) County-operated residential Residential foster care facility or facility means a facility operated by the county that provides 24-hour nonmedical care and supervision to foster children or youth. A county-operated residential Residential foster care facility does not include a private foster family home, small family home, or certified family home.(2) Temporary placement manager means a person, corporation, or other entity, appointed temporarily by the department as a substitute facility placement manager or administrator with authority to hire, terminate, or reassign staff, obligate facility funds, alter facility procedures, and manage the facility to correct deficiencies identified in the facilitys operation as described in this section. appropriate placement of a foster child or youth, as defined in Section 1527 of the Health and Safety Code.(c) (1) The department may provide a shall provide an initial statement of allegations to a county residential foster care facility if the department has reason to believe, including, but not limited to, pursuant to a complaint investigated by the State Foster Care Ombudsperson, that the a county-operated residential foster care facility is not licensed under Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, and is endangering the welfare of foster care children or youth in the facility in facility, including, but not limited to, by violation of any of the rights specified in Section 16001.9. Within 48 hours of providing the initial statement of allegations, the department shall provide the county with a formal statement of cause and concerns that specifies the factual and legal basis for the imposition of a temporary manager to operate the facility if the identified deficiencies are not remedied within 60 days of issuance of the statement of causes and concerns. facility with a formal statement of allegations. The formal statement of allegations shall specify the departments factual and legal basis for appointing, 60 calendar days after the formal statement of allegations is issued, a temporary placement manager to locate appropriate placements for any foster children or youth residing in the unlicensed facility, and operate the facility until all appropriate placements have been arranged. The statement of causes and concerns formal statement of allegations shall be supported by the declaration of the director or the directors authorized designee.(2) Upon appointment, the temporary placement manager shall take all necessary steps and make best efforts to correct the deficiencies specified in the statement of causes and concerns, or arrange suitable appropriate alternative placements for all foster children and youth in the facility.(d) (1) The appointment of a temporary placement manager is effective 61 calendar days after the department issues the formal statement of causes and concerns, and continues until either of the following occurs:(1)The temporary manager notifies the department, and the department verifies, that the facility has corrected the deficiencies identified by the department and will be able to continue to maintain that level of compliance after the termination of temporary management.(2)The temporary the temporary placement manager notifies the department, and the department verifies, that suitable alternative appropriate placements have been arranged for all foster children and youth in the facility.(2) A temporary placement manager shall not be appointed if the facility arranges appropriate placements for all children and youth residing in the facility before the end of the 60-day time period specified in subdivision (c).(e) The appointment of a temporary placement manager authorizes the temporary placement manager to act pursuant to this section, and shall be made pursuant to an agreement between the temporary placement manager and the department that outlines the circumstances under which the temporary placement manager may expend funds. The temporary placement manager shall make no long-term capital investments to the facility without the permission of the department.(f) The temporary placement manager appointed pursuant to this section shall meet the following qualifications:(1) Be qualified to oversee correction of deficiencies on the basis of experience and education.(2) Not have been found guilty of misconduct misconduct, and not be the subject of any pending action or investigation, by any licensing board.(3) Not currently serve, or have served within the past two years, as a member of the staff of the facility.
16003. (a) It is the intent of the Legislature in enacting this section to empower the state department to take quick, effective action to protect the health and safety of all foster children and youth in county-operated unlicensed residential foster care facilities.(b) The following definitions apply for purposes of this section:(1) County-operated residential Residential foster care facility or facility means a facility operated by the county that provides 24-hour nonmedical care and supervision to foster children or youth. A county-operated residential Residential foster care facility does not include a private foster family home, small family home, or certified family home.(2) Temporary placement manager means a person, corporation, or other entity, appointed temporarily by the department as a substitute facility placement manager or administrator with authority to hire, terminate, or reassign staff, obligate facility funds, alter facility procedures, and manage the facility to correct deficiencies identified in the facilitys operation as described in this section. appropriate placement of a foster child or youth, as defined in Section 1527 of the Health and Safety Code.(c) (1) The department may provide a shall provide an initial statement of allegations to a county residential foster care facility if the department has reason to believe, including, but not limited to, pursuant to a complaint investigated by the State Foster Care Ombudsperson, that the a county-operated residential foster care facility is not licensed under Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, and is endangering the welfare of foster care children or youth in the facility in facility, including, but not limited to, by violation of any of the rights specified in Section 16001.9. Within 48 hours of providing the initial statement of allegations, the department shall provide the county with a formal statement of cause and concerns that specifies the factual and legal basis for the imposition of a temporary manager to operate the facility if the identified deficiencies are not remedied within 60 days of issuance of the statement of causes and concerns. facility with a formal statement of allegations. The formal statement of allegations shall specify the departments factual and legal basis for appointing, 60 calendar days after the formal statement of allegations is issued, a temporary placement manager to locate appropriate placements for any foster children or youth residing in the unlicensed facility, and operate the facility until all appropriate placements have been arranged. The statement of causes and concerns formal statement of allegations shall be supported by the declaration of the director or the directors authorized designee.(2) Upon appointment, the temporary placement manager shall take all necessary steps and make best efforts to correct the deficiencies specified in the statement of causes and concerns, or arrange suitable appropriate alternative placements for all foster children and youth in the facility.(d) (1) The appointment of a temporary placement manager is effective 61 calendar days after the department issues the formal statement of causes and concerns, and continues until either of the following occurs:(1)The temporary manager notifies the department, and the department verifies, that the facility has corrected the deficiencies identified by the department and will be able to continue to maintain that level of compliance after the termination of temporary management.(2)The temporary the temporary placement manager notifies the department, and the department verifies, that suitable alternative appropriate placements have been arranged for all foster children and youth in the facility.(2) A temporary placement manager shall not be appointed if the facility arranges appropriate placements for all children and youth residing in the facility before the end of the 60-day time period specified in subdivision (c).(e) The appointment of a temporary placement manager authorizes the temporary placement manager to act pursuant to this section, and shall be made pursuant to an agreement between the temporary placement manager and the department that outlines the circumstances under which the temporary placement manager may expend funds. The temporary placement manager shall make no long-term capital investments to the facility without the permission of the department.(f) The temporary placement manager appointed pursuant to this section shall meet the following qualifications:(1) Be qualified to oversee correction of deficiencies on the basis of experience and education.(2) Not have been found guilty of misconduct misconduct, and not be the subject of any pending action or investigation, by any licensing board.(3) Not currently serve, or have served within the past two years, as a member of the staff of the facility.
16003. (a) It is the intent of the Legislature in enacting this section to empower the state department to take quick, effective action to protect the health and safety of all foster children and youth in county-operated unlicensed residential foster care facilities.
(b) The following definitions apply for purposes of this section:
(1) County-operated residential Residential foster care facility or facility means a facility operated by the county that provides 24-hour nonmedical care and supervision to foster children or youth. A county-operated residential Residential foster care facility does not include a private foster family home, small family home, or certified family home.
(2) Temporary placement manager means a person, corporation, or other entity, appointed temporarily by the department as a substitute facility placement manager or administrator with authority to hire, terminate, or reassign staff, obligate facility funds, alter facility procedures, and manage the facility to correct deficiencies identified in the facilitys operation as described in this section. appropriate placement of a foster child or youth, as defined in Section 1527 of the Health and Safety Code.
(c) (1) The department may provide a shall provide an initial statement of allegations to a county residential foster care facility if the department has reason to believe, including, but not limited to, pursuant to a complaint investigated by the State Foster Care Ombudsperson, that the a county-operated residential foster care facility is not licensed under Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, and is endangering the welfare of foster care children or youth in the facility in facility, including, but not limited to, by violation of any of the rights specified in Section 16001.9. Within 48 hours of providing the initial statement of allegations, the department shall provide the county with a formal statement of cause and concerns that specifies the factual and legal basis for the imposition of a temporary manager to operate the facility if the identified deficiencies are not remedied within 60 days of issuance of the statement of causes and concerns. facility with a formal statement of allegations. The formal statement of allegations shall specify the departments factual and legal basis for appointing, 60 calendar days after the formal statement of allegations is issued, a temporary placement manager to locate appropriate placements for any foster children or youth residing in the unlicensed facility, and operate the facility until all appropriate placements have been arranged. The statement of causes and concerns formal statement of allegations shall be supported by the declaration of the director or the directors authorized designee.
(2) Upon appointment, the temporary placement manager shall take all necessary steps and make best efforts to correct the deficiencies specified in the statement of causes and concerns, or arrange suitable appropriate alternative placements for all foster children and youth in the facility.
(d) (1) The appointment of a temporary placement manager is effective 61 calendar days after the department issues the formal statement of causes and concerns, and continues until either of the following occurs:
(1)The temporary manager notifies the department, and the department verifies, that the facility has corrected the deficiencies identified by the department and will be able to continue to maintain that level of compliance after the termination of temporary management.
(2)The temporary the temporary placement manager notifies the department, and the department verifies, that suitable alternative appropriate placements have been arranged for all foster children and youth in the facility.
(2) A temporary placement manager shall not be appointed if the facility arranges appropriate placements for all children and youth residing in the facility before the end of the 60-day time period specified in subdivision (c).
(e) The appointment of a temporary placement manager authorizes the temporary placement manager to act pursuant to this section, and shall be made pursuant to an agreement between the temporary placement manager and the department that outlines the circumstances under which the temporary placement manager may expend funds. The temporary placement manager shall make no long-term capital investments to the facility without the permission of the department.
(f) The temporary placement manager appointed pursuant to this section shall meet the following qualifications:
(1) Be qualified to oversee correction of deficiencies on the basis of experience and education.
(2) Not have been found guilty of misconduct misconduct, and not be the subject of any pending action or investigation, by any licensing board.
(3) Not currently serve, or have served within the past two years, as a member of the staff of the facility.
SEC. 2.SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to ensure the safety and welfare of children and youth in county-operated unlicensed residential foster care facilities at the earliest possible time, it is necessary for this bill to take effect immediately.
SEC. 2.SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to ensure the safety and welfare of children and youth in county-operated unlicensed residential foster care facilities at the earliest possible time, it is necessary for this bill to take effect immediately.
SEC. 2.SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
### SEC. 2.SEC. 3.
In order to ensure the safety and welfare of children and youth in county-operated unlicensed residential foster care facilities at the earliest possible time, it is necessary for this bill to take effect immediately.