Amended IN Senate September 01, 2023 Amended IN Senate July 14, 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. 426Introduced by Assembly Member JacksonFebruary 06, 2023An act to add Section 1547.1 to amend Section 1547 of the Health and Safety Code, and to add Section 16003 to amend Section 10605 of the Welfare and Institutions Code, relating to foster care, and declaring the urgency thereof, to take effect immediately. care.LEGISLATIVE COUNSEL'S DIGESTAB 426, as amended, Jackson. Unlicensed residential foster care facilities: temporary placement management.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 would additionally authorize the department to assess an immediate civil penalty in the amount of $1,000 for each day of the violation on a person, as defined, who provides residential care to children.Existing law requires the Director of Social Services to follow specified procedures if the director believes that a county is substantially failing to comply with specified provisions of law or any regulation pertaining to any program administered by the department, including, among other things, taking formal action to secure compliance and providing counties with written notice of that action and a minimum of 30 days to correct its failure to comply.This bill would additionally apply these procedures when a county has failed to comply with the California Community Care Facilities Act. The bill would additionally require the director to inform the county welfare director and the board of supervisors by written notice if the director is informed a county is failing to comply with any provision of law or regulation pertaining to any program administered by the department.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. 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 an unlicensed residential foster care facility, as defined, is endangering the welfare of foster children or youth in the facility, including, but not limited to, in violation of any of the rights described above. The bill would require the department to issue an initial statement of allegations, followed by a formal statement of allegations that specifies the factual and legal basis for the appointment of a temporary placement manager to operate the facility 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 placement manager notifies the department, and the department verifies, that appropriate placements have been arranged for all foster children and youth in the facility, as prescribed. The bill would authorize a residential foster care facility that receives a formal statement of allegations to contest the appointment of a temporary manager by seeking injunctive relief in the superior court sitting in the county in which the facility is located, as specified.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. The bill would require the department to adopt regulations setting forth the appeal procedure, and would require that procedure to include judicial review pursuant to a specified provision.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: TWO_THIRDSMAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1547 of the Health and Safety Code is amended to read:1547. (a) (1) Notwithstanding any other provision of this chapter, any person who violates Section 1503.5 or 1508, or both, may be assessed by the department an immediate civil penalty in the amount of two hundred dollars ($200) per day of the violation. violation, unless the conditions described in paragraph (2) apply.(2) A person who violates Section 1503.5 or 1508 and provides residential care to children may be assessed an immediate civil penalty in the amount of one thousand dollars ($1,000) per day of the violation.(b) The civil penalty authorized in subdivision (a) shall be imposed if an unlicensed facility is operated and the operator refuses to seek licensure or the operator seeks licensure and the licensure application is denied and the operator continues to operate the unlicensed facility, unless other remedies available to the department, including criminal prosecution, are deemed more effective by the department.(c) An operator may appeal the assessment to the director. The department shall adopt regulations setting forth the appeal procedure.(d) For purposes of this section, person means an individual, firm, association, organization, partnership, business trust, corporation, limited liability company, company, or political subdivision of the state.SEC. 2. Section 10605 of the Welfare and Institutions Code is amended to read:10605. (a) If the director believes that a county is substantially failing to comply with any provision of this code or Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, or any regulation pertaining to any program administered by the department, and the director determines that formal action may be necessary to secure compliance, he or she the director shall inform the county welfare director and the board of supervisors of that failure. The notice to the county welfare director and board of supervisors shall be in writing and shall allow the county a specified period of time, not less than 30 days, to correct its failure to comply with the law or regulations. If within the specified period the county does not comply or provide reasonable assurances in writing that it will comply within the additional time as the director may allow, the director may take one or both of the following actions:(1) (A) Bring an action for injunctive relief to secure immediate compliance. Any(B) A county that is found to be failing to substantially comply with the law or regulations pertaining to any program administered by the department may be enjoined by any court of competent jurisdiction. The court may make orders or judgments as may be necessary to secure county compliance.(2) Order the county to appear at a hearing before the director to show cause why the director should not take administrative action to secure compliance. The county shall be given at least 30 days notice of the hearing. The director shall consider the case on the record established at the hearing and, within 30 days, shall render proposed findings and a proposed decision on the issues. The proposed findings and decisions shall be submitted to the county, and the county shall have the opportunity to appear within 10 days, at a time and place as may be determined by the director, for the purpose of presenting oral arguments respecting the proposed findings and decisions. Thereupon, the director shall make final findings and issue a final administrative decision.(b) If the director determines, based on the record established at the hearing pursuant to paragraph (2) of subdivision (a), that the county is failing to comply with laws or regulations pertaining to any program administered by the department, or if the Department of Human Resources certifies to the director that a county is not in conformity with established merit system standards under Part 2.5 (commencing with Section 19800) of Division 5 of Title 2 of the Government Code, and that administrative sanctions are necessary to secure compliance, the director may invoke either of the following sanctions, except that the sanctions shall not be invoked concurrently:(1) Except for child welfare services programs, withhold all or part of state and federal funds from the county until the county demonstrates to the director that it has complied.(2) (A) Assume, temporarily, direct responsibility for the administration of all or part of any or all programs administered by the department in the county until the time as the county provides reasonable written assurances to the director of its intention and ability to comply. During the period of direct state administrative responsibility, the director or his or her their authorized representative shall have all of the powers and responsibilities of the county director, except that he or she the authorized representative shall not be subject to the authority of the board of supervisors.(B) (i) In the event that the director invokes sanctions pursuant to this section, the county shall be responsible for providing any funds as may be necessary for the continued operation of all programs administered by the department in the county. If a county fails or refuses to provide these funds, including a sufficient amount to reimburse any and all costs incurred by the department in directly administering any program in the county, the Controller may deduct an amount certified by the director as necessary for the continued operation of these programs by the department from any state or federal funds payable to the county for any purpose.(ii) In the event of a state-imposed sanction, the amount of the sanction shall be no greater than the amount of county funds that the county would be required to contribute to fully match the state General Fund allocation for the particular program or programs for which the county is being sanctioned for those programs that are not Public Safety Programs realigned pursuant to 2011 realignment legislation.(iii) In the event of a state-imposed sanction pursuant to this paragraph for the Public Safety Programs realigned pursuant to 2011 realignment legislation that are administered by the Department of Social Services, the amount of the sanction shall be no greater than the amount of funding originally provided to the county in the 201112 fiscal year for the particular program from the Protective Services Subaccount within the Support Services Account of the Local Revenue Fund 2011, as adjusted by the countys share of the additional incremental funding provided pursuant to paragraph (2) of subdivision (f) of Section 30027.5 of, paragraph (2) of subdivision (f) of Section 30027.6 of, paragraph (2) of subdivision (f) of Section 30027.7 of, and paragraph (2) of subdivision (f) of Section 30027.8 of, the Government Code, the estimated growth funding for the program from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account, and any adjustment to the county allocation pursuant to subdivisions (a) and (b) of Section 30029.5 of the Government Code.(c) (1) The department is authorized to conduct or have conducted audits and reviews in order to meet its obligations for child welfare programs and to ensure the protection of children and families.(2) Except for cases in which when there is a risk of immediate harm to a minor, the department shall provide the county with at least 30-calendar days notice of the departments intent to perform an audit or review. This notice shall include the intended purpose, scope, and timing of the audit or review.(3) The county shall have an opportunity to respond to the audit or review and may request an extension of up to 30 calendar days, that shall be granted by the director if there is good cause and unless there is a risk of immediate harm to a minor. The request for extension shall be submitted to the department within 10 business days of receipt of the audit or review notice. The department, in consultation with the California State Association of Counties, shall develop a definition of good cause for the purposes of this section.(4) Nothing in the The notice required by paragraph (2) shall be construed to does not limit the authority of the department under federal or state law to examine other information or records should that become prudent or necessary during the course of the audit or review.(5) The county shall be presented with the audit or review findings at the conclusion of the audit or review. The county shall have 10 business days to provide a written response to the audit or review findings. The department shall have 10 business days thereafter to issue a final response to the countys written response. Both the county response and the departments written response shall be published as part of the audit or review and made final.(6) The audit or review shall not result in a fiscal sanction to the county, as defined in subdivision (b).(7) The department may impose a fiscal disallowance if there is a finding of misappropriation of funding, and the county shall be afforded due process as specified in subdivision (d).(d) (1) If the audit or review specified in subdivision (c) results in a fiscal disallowance, the county may request a hearing within 30 calendar days of the notice of sanction or finalized audit or review. The hearing request shall be in writing and shall be known as the Statement of Disputed Issues, which shall set forth the issues in dispute, and the countys contentions as to those issues, including any documentation to support the countys contentions. The hearing shall take place before a hearing officer designated by the director to examine any disputed audit or review finding.(A) Following the hearing, the hearing officer shall submit the proposed final audit or review of the findings to the director. The director may take any of the following actions:(i) Adopt the proposed findings with or without reading the record. The findings shall be final upon adoption by the director.(ii) Reject the proposed findings and have findings prepared based upon the documentation presented at the hearing.(iii) Refer the matter back to the hearing officer to receive additional information and prepare new findings.(B) The final audit or review of the findings shall include the countys Statement of Disputed Issues, including its accompanying documentation. The final audit or review of the findings shall be subject to judicial review.(e) If the director is informed that a county is failing to comply with any provision of law or regulation pertaining to a program administered by the department, and the director determines that formal action, as described in subdivision (a), is not yet warranted but that county action is necessary to correct the reported failure, the director shall inform the county welfare director and the board of supervisors by written notice. The written notice shall, at a minimum, identify the legal compliance issues and provide a minimum of 10 days for county response.(e)(f) Nothing in this section shall be construed as preventing the department from bringing an action for writ of mandamus or any other action in court as may be appropriate to ensure no interruption in the provision of benefits to any person eligible therefore under federal law, the provisions of this code or the regulations of the department.(f)(g) (1) Nothing in this section shall be construed as relieving the board of supervisors of the responsibility to provide funds necessary for the continued services required by law.(2) Nothing contained in this section shall be construed as preventing a county from seeking judicial review of action taken by the director pursuant to this section under Section 1094.5 of the Code of Civil Procedure or, except in cases arising under Sections 10962 and 10963, from seeking injunctive relief when deemed appropriate.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, which shall include judicial review pursuant to Section 1094.5 of the Code of Civil Procedure by the superior court sitting in the county where the facility is located.(d)For purposes of this section, person means an individual, firm, association, organization, partnership, business trust, corporation, limited liability company, company, or political subdivision of the state.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 unlicensed residential foster care facilities.(b)The following definitions apply for purposes of this section:(1)Residential foster care facility or facility means a facility that provides 24-hour nonmedical care and supervision to foster children or youth. 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 appropriate placement of a foster child or youth, as defined in Section 1527 of the Health and Safety Code.(c)(1)The department shall provide an initial statement of allegations to a 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 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, 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 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 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 arrange 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 the temporary placement manager notifies the department, and the department verifies, that 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, 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.(g)(1)A residential foster care facility that receives a formal statement of allegations under subdivision (c) may contest the appointment of a temporary manager by seeking injunctive relief in the superior court sitting in the county in which the facility is located.(2)(A)The facility shall file its petition for injunctive relief and provide notice to the department within 15 days of receiving the formal statement of allegations.(B)The department shall file its response within 10 days of receiving the application.(C)The court shall hold a hearing on the application for injunctive relief within 15 days of receiving the departments response and issue a decision within 5 days of the hearing.(3)The courts review shall be limited to the question of whether the residential foster care facility is operating pursuant to a valid license. If the residential foster care facility proves that it is operating pursuant to a valid license, the court shall enjoin the appointment of a temporary manger under the notice at issue. The courts order shall not prohibit the department from taking any action authorized by law against a licensee.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 unlicensed residential foster care facilities at the earliest possible time, it is necessary for this bill to take effect immediately.
Amended IN Senate September 01, 2023 Amended IN Senate July 14, 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. 426Introduced by Assembly Member JacksonFebruary 06, 2023An act to add Section 1547.1 to amend Section 1547 of the Health and Safety Code, and to add Section 16003 to amend Section 10605 of the Welfare and Institutions Code, relating to foster care, and declaring the urgency thereof, to take effect immediately. care.LEGISLATIVE COUNSEL'S DIGESTAB 426, as amended, Jackson. Unlicensed residential foster care facilities: temporary placement management.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 would additionally authorize the department to assess an immediate civil penalty in the amount of $1,000 for each day of the violation on a person, as defined, who provides residential care to children.Existing law requires the Director of Social Services to follow specified procedures if the director believes that a county is substantially failing to comply with specified provisions of law or any regulation pertaining to any program administered by the department, including, among other things, taking formal action to secure compliance and providing counties with written notice of that action and a minimum of 30 days to correct its failure to comply.This bill would additionally apply these procedures when a county has failed to comply with the California Community Care Facilities Act. The bill would additionally require the director to inform the county welfare director and the board of supervisors by written notice if the director is informed a county is failing to comply with any provision of law or regulation pertaining to any program administered by the department.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. 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 an unlicensed residential foster care facility, as defined, is endangering the welfare of foster children or youth in the facility, including, but not limited to, in violation of any of the rights described above. The bill would require the department to issue an initial statement of allegations, followed by a formal statement of allegations that specifies the factual and legal basis for the appointment of a temporary placement manager to operate the facility 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 placement manager notifies the department, and the department verifies, that appropriate placements have been arranged for all foster children and youth in the facility, as prescribed. The bill would authorize a residential foster care facility that receives a formal statement of allegations to contest the appointment of a temporary manager by seeking injunctive relief in the superior court sitting in the county in which the facility is located, as specified.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. The bill would require the department to adopt regulations setting forth the appeal procedure, and would require that procedure to include judicial review pursuant to a specified provision.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: TWO_THIRDSMAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate September 01, 2023 Amended IN Senate July 14, 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
Amended IN Senate September 01, 2023
Amended IN Senate July 14, 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 amend Section 1547 of the Health and Safety Code, and to add Section 16003 to amend Section 10605 of the Welfare and Institutions Code, relating to foster care, and declaring the urgency thereof, to take effect immediately. care.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 426, as amended, Jackson. Unlicensed residential foster care facilities: temporary placement management.
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 would additionally authorize the department to assess an immediate civil penalty in the amount of $1,000 for each day of the violation on a person, as defined, who provides residential care to children.Existing law requires the Director of Social Services to follow specified procedures if the director believes that a county is substantially failing to comply with specified provisions of law or any regulation pertaining to any program administered by the department, including, among other things, taking formal action to secure compliance and providing counties with written notice of that action and a minimum of 30 days to correct its failure to comply.This bill would additionally apply these procedures when a county has failed to comply with the California Community Care Facilities Act. The bill would additionally require the director to inform the county welfare director and the board of supervisors by written notice if the director is informed a county is failing to comply with any provision of law or regulation pertaining to any program administered by the department.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. 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 an unlicensed residential foster care facility, as defined, is endangering the welfare of foster children or youth in the facility, including, but not limited to, in violation of any of the rights described above. The bill would require the department to issue an initial statement of allegations, followed by a formal statement of allegations that specifies the factual and legal basis for the appointment of a temporary placement manager to operate the facility 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 placement manager notifies the department, and the department verifies, that appropriate placements have been arranged for all foster children and youth in the facility, as prescribed. The bill would authorize a residential foster care facility that receives a formal statement of allegations to contest the appointment of a temporary manager by seeking injunctive relief in the superior court sitting in the county in which the facility is located, as specified.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. The bill would require the department to adopt regulations setting forth the appeal procedure, and would require that procedure to include judicial review pursuant to a specified provision.This bill would declare that it is to take effect immediately as an urgency statute.
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 would additionally authorize the department to assess an immediate civil penalty in the amount of $1,000 for each day of the violation on a person, as defined, who provides residential care to children.
Existing law requires the Director of Social Services to follow specified procedures if the director believes that a county is substantially failing to comply with specified provisions of law or any regulation pertaining to any program administered by the department, including, among other things, taking formal action to secure compliance and providing counties with written notice of that action and a minimum of 30 days to correct its failure to comply.
This bill would additionally apply these procedures when a county has failed to comply with the California Community Care Facilities Act. The bill would additionally require the director to inform the county welfare director and the board of supervisors by written notice if the director is informed a county is failing to comply with any provision of law or regulation pertaining to any program administered by the department.
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. 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 an unlicensed residential foster care facility, as defined, is endangering the welfare of foster children or youth in the facility, including, but not limited to, in violation of any of the rights described above. The bill would require the department to issue an initial statement of allegations, followed by a formal statement of allegations that specifies the factual and legal basis for the appointment of a temporary placement manager to operate the facility 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 placement manager notifies the department, and the department verifies, that appropriate placements have been arranged for all foster children and youth in the facility, as prescribed. The bill would authorize a residential foster care facility that receives a formal statement of allegations to contest the appointment of a temporary manager by seeking injunctive relief in the superior court sitting in the county in which the facility is located, as specified.
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. The bill would require the department to adopt regulations setting forth the appeal procedure, and would require that procedure to include judicial review pursuant to a specified provision.
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 of the Health and Safety Code is amended to read:1547. (a) (1) Notwithstanding any other provision of this chapter, any person who violates Section 1503.5 or 1508, or both, may be assessed by the department an immediate civil penalty in the amount of two hundred dollars ($200) per day of the violation. violation, unless the conditions described in paragraph (2) apply.(2) A person who violates Section 1503.5 or 1508 and provides residential care to children may be assessed an immediate civil penalty in the amount of one thousand dollars ($1,000) per day of the violation.(b) The civil penalty authorized in subdivision (a) shall be imposed if an unlicensed facility is operated and the operator refuses to seek licensure or the operator seeks licensure and the licensure application is denied and the operator continues to operate the unlicensed facility, unless other remedies available to the department, including criminal prosecution, are deemed more effective by the department.(c) An operator may appeal the assessment to the director. The department shall adopt regulations setting forth the appeal procedure.(d) For purposes of this section, person means an individual, firm, association, organization, partnership, business trust, corporation, limited liability company, company, or political subdivision of the state.SEC. 2. Section 10605 of the Welfare and Institutions Code is amended to read:10605. (a) If the director believes that a county is substantially failing to comply with any provision of this code or Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, or any regulation pertaining to any program administered by the department, and the director determines that formal action may be necessary to secure compliance, he or she the director shall inform the county welfare director and the board of supervisors of that failure. The notice to the county welfare director and board of supervisors shall be in writing and shall allow the county a specified period of time, not less than 30 days, to correct its failure to comply with the law or regulations. If within the specified period the county does not comply or provide reasonable assurances in writing that it will comply within the additional time as the director may allow, the director may take one or both of the following actions:(1) (A) Bring an action for injunctive relief to secure immediate compliance. Any(B) A county that is found to be failing to substantially comply with the law or regulations pertaining to any program administered by the department may be enjoined by any court of competent jurisdiction. The court may make orders or judgments as may be necessary to secure county compliance.(2) Order the county to appear at a hearing before the director to show cause why the director should not take administrative action to secure compliance. The county shall be given at least 30 days notice of the hearing. The director shall consider the case on the record established at the hearing and, within 30 days, shall render proposed findings and a proposed decision on the issues. The proposed findings and decisions shall be submitted to the county, and the county shall have the opportunity to appear within 10 days, at a time and place as may be determined by the director, for the purpose of presenting oral arguments respecting the proposed findings and decisions. Thereupon, the director shall make final findings and issue a final administrative decision.(b) If the director determines, based on the record established at the hearing pursuant to paragraph (2) of subdivision (a), that the county is failing to comply with laws or regulations pertaining to any program administered by the department, or if the Department of Human Resources certifies to the director that a county is not in conformity with established merit system standards under Part 2.5 (commencing with Section 19800) of Division 5 of Title 2 of the Government Code, and that administrative sanctions are necessary to secure compliance, the director may invoke either of the following sanctions, except that the sanctions shall not be invoked concurrently:(1) Except for child welfare services programs, withhold all or part of state and federal funds from the county until the county demonstrates to the director that it has complied.(2) (A) Assume, temporarily, direct responsibility for the administration of all or part of any or all programs administered by the department in the county until the time as the county provides reasonable written assurances to the director of its intention and ability to comply. During the period of direct state administrative responsibility, the director or his or her their authorized representative shall have all of the powers and responsibilities of the county director, except that he or she the authorized representative shall not be subject to the authority of the board of supervisors.(B) (i) In the event that the director invokes sanctions pursuant to this section, the county shall be responsible for providing any funds as may be necessary for the continued operation of all programs administered by the department in the county. If a county fails or refuses to provide these funds, including a sufficient amount to reimburse any and all costs incurred by the department in directly administering any program in the county, the Controller may deduct an amount certified by the director as necessary for the continued operation of these programs by the department from any state or federal funds payable to the county for any purpose.(ii) In the event of a state-imposed sanction, the amount of the sanction shall be no greater than the amount of county funds that the county would be required to contribute to fully match the state General Fund allocation for the particular program or programs for which the county is being sanctioned for those programs that are not Public Safety Programs realigned pursuant to 2011 realignment legislation.(iii) In the event of a state-imposed sanction pursuant to this paragraph for the Public Safety Programs realigned pursuant to 2011 realignment legislation that are administered by the Department of Social Services, the amount of the sanction shall be no greater than the amount of funding originally provided to the county in the 201112 fiscal year for the particular program from the Protective Services Subaccount within the Support Services Account of the Local Revenue Fund 2011, as adjusted by the countys share of the additional incremental funding provided pursuant to paragraph (2) of subdivision (f) of Section 30027.5 of, paragraph (2) of subdivision (f) of Section 30027.6 of, paragraph (2) of subdivision (f) of Section 30027.7 of, and paragraph (2) of subdivision (f) of Section 30027.8 of, the Government Code, the estimated growth funding for the program from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account, and any adjustment to the county allocation pursuant to subdivisions (a) and (b) of Section 30029.5 of the Government Code.(c) (1) The department is authorized to conduct or have conducted audits and reviews in order to meet its obligations for child welfare programs and to ensure the protection of children and families.(2) Except for cases in which when there is a risk of immediate harm to a minor, the department shall provide the county with at least 30-calendar days notice of the departments intent to perform an audit or review. This notice shall include the intended purpose, scope, and timing of the audit or review.(3) The county shall have an opportunity to respond to the audit or review and may request an extension of up to 30 calendar days, that shall be granted by the director if there is good cause and unless there is a risk of immediate harm to a minor. The request for extension shall be submitted to the department within 10 business days of receipt of the audit or review notice. The department, in consultation with the California State Association of Counties, shall develop a definition of good cause for the purposes of this section.(4) Nothing in the The notice required by paragraph (2) shall be construed to does not limit the authority of the department under federal or state law to examine other information or records should that become prudent or necessary during the course of the audit or review.(5) The county shall be presented with the audit or review findings at the conclusion of the audit or review. The county shall have 10 business days to provide a written response to the audit or review findings. The department shall have 10 business days thereafter to issue a final response to the countys written response. Both the county response and the departments written response shall be published as part of the audit or review and made final.(6) The audit or review shall not result in a fiscal sanction to the county, as defined in subdivision (b).(7) The department may impose a fiscal disallowance if there is a finding of misappropriation of funding, and the county shall be afforded due process as specified in subdivision (d).(d) (1) If the audit or review specified in subdivision (c) results in a fiscal disallowance, the county may request a hearing within 30 calendar days of the notice of sanction or finalized audit or review. The hearing request shall be in writing and shall be known as the Statement of Disputed Issues, which shall set forth the issues in dispute, and the countys contentions as to those issues, including any documentation to support the countys contentions. The hearing shall take place before a hearing officer designated by the director to examine any disputed audit or review finding.(A) Following the hearing, the hearing officer shall submit the proposed final audit or review of the findings to the director. The director may take any of the following actions:(i) Adopt the proposed findings with or without reading the record. The findings shall be final upon adoption by the director.(ii) Reject the proposed findings and have findings prepared based upon the documentation presented at the hearing.(iii) Refer the matter back to the hearing officer to receive additional information and prepare new findings.(B) The final audit or review of the findings shall include the countys Statement of Disputed Issues, including its accompanying documentation. The final audit or review of the findings shall be subject to judicial review.(e) If the director is informed that a county is failing to comply with any provision of law or regulation pertaining to a program administered by the department, and the director determines that formal action, as described in subdivision (a), is not yet warranted but that county action is necessary to correct the reported failure, the director shall inform the county welfare director and the board of supervisors by written notice. The written notice shall, at a minimum, identify the legal compliance issues and provide a minimum of 10 days for county response.(e)(f) Nothing in this section shall be construed as preventing the department from bringing an action for writ of mandamus or any other action in court as may be appropriate to ensure no interruption in the provision of benefits to any person eligible therefore under federal law, the provisions of this code or the regulations of the department.(f)(g) (1) Nothing in this section shall be construed as relieving the board of supervisors of the responsibility to provide funds necessary for the continued services required by law.(2) Nothing contained in this section shall be construed as preventing a county from seeking judicial review of action taken by the director pursuant to this section under Section 1094.5 of the Code of Civil Procedure or, except in cases arising under Sections 10962 and 10963, from seeking injunctive relief when deemed appropriate.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, which shall include judicial review pursuant to Section 1094.5 of the Code of Civil Procedure by the superior court sitting in the county where the facility is located.(d)For purposes of this section, person means an individual, firm, association, organization, partnership, business trust, corporation, limited liability company, company, or political subdivision of the state.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 unlicensed residential foster care facilities.(b)The following definitions apply for purposes of this section:(1)Residential foster care facility or facility means a facility that provides 24-hour nonmedical care and supervision to foster children or youth. 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 appropriate placement of a foster child or youth, as defined in Section 1527 of the Health and Safety Code.(c)(1)The department shall provide an initial statement of allegations to a 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 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, 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 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 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 arrange 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 the temporary placement manager notifies the department, and the department verifies, that 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, 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.(g)(1)A residential foster care facility that receives a formal statement of allegations under subdivision (c) may contest the appointment of a temporary manager by seeking injunctive relief in the superior court sitting in the county in which the facility is located.(2)(A)The facility shall file its petition for injunctive relief and provide notice to the department within 15 days of receiving the formal statement of allegations.(B)The department shall file its response within 10 days of receiving the application.(C)The court shall hold a hearing on the application for injunctive relief within 15 days of receiving the departments response and issue a decision within 5 days of the hearing.(3)The courts review shall be limited to the question of whether the residential foster care facility is operating pursuant to a valid license. If the residential foster care facility proves that it is operating pursuant to a valid license, the court shall enjoin the appointment of a temporary manger under the notice at issue. The courts order shall not prohibit the department from taking any action authorized by law against a licensee.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 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 of the Health and Safety Code is amended to read:1547. (a) (1) Notwithstanding any other provision of this chapter, any person who violates Section 1503.5 or 1508, or both, may be assessed by the department an immediate civil penalty in the amount of two hundred dollars ($200) per day of the violation. violation, unless the conditions described in paragraph (2) apply.(2) A person who violates Section 1503.5 or 1508 and provides residential care to children may be assessed an immediate civil penalty in the amount of one thousand dollars ($1,000) per day of the violation.(b) The civil penalty authorized in subdivision (a) shall be imposed if an unlicensed facility is operated and the operator refuses to seek licensure or the operator seeks licensure and the licensure application is denied and the operator continues to operate the unlicensed facility, unless other remedies available to the department, including criminal prosecution, are deemed more effective by the department.(c) An operator may appeal the assessment to the director. The department shall adopt regulations setting forth the appeal procedure.(d) For purposes of this section, person means an individual, firm, association, organization, partnership, business trust, corporation, limited liability company, company, or political subdivision of the state.
SECTION 1. Section 1547 of the Health and Safety Code is amended to read:
### SECTION 1.
1547. (a) (1) Notwithstanding any other provision of this chapter, any person who violates Section 1503.5 or 1508, or both, may be assessed by the department an immediate civil penalty in the amount of two hundred dollars ($200) per day of the violation. violation, unless the conditions described in paragraph (2) apply.(2) A person who violates Section 1503.5 or 1508 and provides residential care to children may be assessed an immediate civil penalty in the amount of one thousand dollars ($1,000) per day of the violation.(b) The civil penalty authorized in subdivision (a) shall be imposed if an unlicensed facility is operated and the operator refuses to seek licensure or the operator seeks licensure and the licensure application is denied and the operator continues to operate the unlicensed facility, unless other remedies available to the department, including criminal prosecution, are deemed more effective by the department.(c) An operator may appeal the assessment to the director. The department shall adopt regulations setting forth the appeal procedure.(d) For purposes of this section, person means an individual, firm, association, organization, partnership, business trust, corporation, limited liability company, company, or political subdivision of the state.
1547. (a) (1) Notwithstanding any other provision of this chapter, any person who violates Section 1503.5 or 1508, or both, may be assessed by the department an immediate civil penalty in the amount of two hundred dollars ($200) per day of the violation. violation, unless the conditions described in paragraph (2) apply.(2) A person who violates Section 1503.5 or 1508 and provides residential care to children may be assessed an immediate civil penalty in the amount of one thousand dollars ($1,000) per day of the violation.(b) The civil penalty authorized in subdivision (a) shall be imposed if an unlicensed facility is operated and the operator refuses to seek licensure or the operator seeks licensure and the licensure application is denied and the operator continues to operate the unlicensed facility, unless other remedies available to the department, including criminal prosecution, are deemed more effective by the department.(c) An operator may appeal the assessment to the director. The department shall adopt regulations setting forth the appeal procedure.(d) For purposes of this section, person means an individual, firm, association, organization, partnership, business trust, corporation, limited liability company, company, or political subdivision of the state.
1547. (a) (1) Notwithstanding any other provision of this chapter, any person who violates Section 1503.5 or 1508, or both, may be assessed by the department an immediate civil penalty in the amount of two hundred dollars ($200) per day of the violation. violation, unless the conditions described in paragraph (2) apply.(2) A person who violates Section 1503.5 or 1508 and provides residential care to children may be assessed an immediate civil penalty in the amount of one thousand dollars ($1,000) per day of the violation.(b) The civil penalty authorized in subdivision (a) shall be imposed if an unlicensed facility is operated and the operator refuses to seek licensure or the operator seeks licensure and the licensure application is denied and the operator continues to operate the unlicensed facility, unless other remedies available to the department, including criminal prosecution, are deemed more effective by the department.(c) An operator may appeal the assessment to the director. The department shall adopt regulations setting forth the appeal procedure.(d) For purposes of this section, person means an individual, firm, association, organization, partnership, business trust, corporation, limited liability company, company, or political subdivision of the state.
1547. (a) (1) Notwithstanding any other provision of this chapter, any person who violates Section 1503.5 or 1508, or both, may be assessed by the department an immediate civil penalty in the amount of two hundred dollars ($200) per day of the violation. violation, unless the conditions described in paragraph (2) apply.
(2) A person who violates Section 1503.5 or 1508 and provides residential care to children may be assessed an immediate civil penalty in the amount of one thousand dollars ($1,000) per day of the violation.
(b) The civil penalty authorized in subdivision (a) shall be imposed if an unlicensed facility is operated and the operator refuses to seek licensure or the operator seeks licensure and the licensure application is denied and the operator continues to operate the unlicensed facility, unless other remedies available to the department, including criminal prosecution, are deemed more effective by the department.
(c) An operator may appeal the assessment to the director. The department shall adopt regulations setting forth the appeal procedure.
(d) For purposes of this section, person means an individual, firm, association, organization, partnership, business trust, corporation, limited liability company, company, or political subdivision of the state.
SEC. 2. Section 10605 of the Welfare and Institutions Code is amended to read:10605. (a) If the director believes that a county is substantially failing to comply with any provision of this code or Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, or any regulation pertaining to any program administered by the department, and the director determines that formal action may be necessary to secure compliance, he or she the director shall inform the county welfare director and the board of supervisors of that failure. The notice to the county welfare director and board of supervisors shall be in writing and shall allow the county a specified period of time, not less than 30 days, to correct its failure to comply with the law or regulations. If within the specified period the county does not comply or provide reasonable assurances in writing that it will comply within the additional time as the director may allow, the director may take one or both of the following actions:(1) (A) Bring an action for injunctive relief to secure immediate compliance. Any(B) A county that is found to be failing to substantially comply with the law or regulations pertaining to any program administered by the department may be enjoined by any court of competent jurisdiction. The court may make orders or judgments as may be necessary to secure county compliance.(2) Order the county to appear at a hearing before the director to show cause why the director should not take administrative action to secure compliance. The county shall be given at least 30 days notice of the hearing. The director shall consider the case on the record established at the hearing and, within 30 days, shall render proposed findings and a proposed decision on the issues. The proposed findings and decisions shall be submitted to the county, and the county shall have the opportunity to appear within 10 days, at a time and place as may be determined by the director, for the purpose of presenting oral arguments respecting the proposed findings and decisions. Thereupon, the director shall make final findings and issue a final administrative decision.(b) If the director determines, based on the record established at the hearing pursuant to paragraph (2) of subdivision (a), that the county is failing to comply with laws or regulations pertaining to any program administered by the department, or if the Department of Human Resources certifies to the director that a county is not in conformity with established merit system standards under Part 2.5 (commencing with Section 19800) of Division 5 of Title 2 of the Government Code, and that administrative sanctions are necessary to secure compliance, the director may invoke either of the following sanctions, except that the sanctions shall not be invoked concurrently:(1) Except for child welfare services programs, withhold all or part of state and federal funds from the county until the county demonstrates to the director that it has complied.(2) (A) Assume, temporarily, direct responsibility for the administration of all or part of any or all programs administered by the department in the county until the time as the county provides reasonable written assurances to the director of its intention and ability to comply. During the period of direct state administrative responsibility, the director or his or her their authorized representative shall have all of the powers and responsibilities of the county director, except that he or she the authorized representative shall not be subject to the authority of the board of supervisors.(B) (i) In the event that the director invokes sanctions pursuant to this section, the county shall be responsible for providing any funds as may be necessary for the continued operation of all programs administered by the department in the county. If a county fails or refuses to provide these funds, including a sufficient amount to reimburse any and all costs incurred by the department in directly administering any program in the county, the Controller may deduct an amount certified by the director as necessary for the continued operation of these programs by the department from any state or federal funds payable to the county for any purpose.(ii) In the event of a state-imposed sanction, the amount of the sanction shall be no greater than the amount of county funds that the county would be required to contribute to fully match the state General Fund allocation for the particular program or programs for which the county is being sanctioned for those programs that are not Public Safety Programs realigned pursuant to 2011 realignment legislation.(iii) In the event of a state-imposed sanction pursuant to this paragraph for the Public Safety Programs realigned pursuant to 2011 realignment legislation that are administered by the Department of Social Services, the amount of the sanction shall be no greater than the amount of funding originally provided to the county in the 201112 fiscal year for the particular program from the Protective Services Subaccount within the Support Services Account of the Local Revenue Fund 2011, as adjusted by the countys share of the additional incremental funding provided pursuant to paragraph (2) of subdivision (f) of Section 30027.5 of, paragraph (2) of subdivision (f) of Section 30027.6 of, paragraph (2) of subdivision (f) of Section 30027.7 of, and paragraph (2) of subdivision (f) of Section 30027.8 of, the Government Code, the estimated growth funding for the program from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account, and any adjustment to the county allocation pursuant to subdivisions (a) and (b) of Section 30029.5 of the Government Code.(c) (1) The department is authorized to conduct or have conducted audits and reviews in order to meet its obligations for child welfare programs and to ensure the protection of children and families.(2) Except for cases in which when there is a risk of immediate harm to a minor, the department shall provide the county with at least 30-calendar days notice of the departments intent to perform an audit or review. This notice shall include the intended purpose, scope, and timing of the audit or review.(3) The county shall have an opportunity to respond to the audit or review and may request an extension of up to 30 calendar days, that shall be granted by the director if there is good cause and unless there is a risk of immediate harm to a minor. The request for extension shall be submitted to the department within 10 business days of receipt of the audit or review notice. The department, in consultation with the California State Association of Counties, shall develop a definition of good cause for the purposes of this section.(4) Nothing in the The notice required by paragraph (2) shall be construed to does not limit the authority of the department under federal or state law to examine other information or records should that become prudent or necessary during the course of the audit or review.(5) The county shall be presented with the audit or review findings at the conclusion of the audit or review. The county shall have 10 business days to provide a written response to the audit or review findings. The department shall have 10 business days thereafter to issue a final response to the countys written response. Both the county response and the departments written response shall be published as part of the audit or review and made final.(6) The audit or review shall not result in a fiscal sanction to the county, as defined in subdivision (b).(7) The department may impose a fiscal disallowance if there is a finding of misappropriation of funding, and the county shall be afforded due process as specified in subdivision (d).(d) (1) If the audit or review specified in subdivision (c) results in a fiscal disallowance, the county may request a hearing within 30 calendar days of the notice of sanction or finalized audit or review. The hearing request shall be in writing and shall be known as the Statement of Disputed Issues, which shall set forth the issues in dispute, and the countys contentions as to those issues, including any documentation to support the countys contentions. The hearing shall take place before a hearing officer designated by the director to examine any disputed audit or review finding.(A) Following the hearing, the hearing officer shall submit the proposed final audit or review of the findings to the director. The director may take any of the following actions:(i) Adopt the proposed findings with or without reading the record. The findings shall be final upon adoption by the director.(ii) Reject the proposed findings and have findings prepared based upon the documentation presented at the hearing.(iii) Refer the matter back to the hearing officer to receive additional information and prepare new findings.(B) The final audit or review of the findings shall include the countys Statement of Disputed Issues, including its accompanying documentation. The final audit or review of the findings shall be subject to judicial review.(e) If the director is informed that a county is failing to comply with any provision of law or regulation pertaining to a program administered by the department, and the director determines that formal action, as described in subdivision (a), is not yet warranted but that county action is necessary to correct the reported failure, the director shall inform the county welfare director and the board of supervisors by written notice. The written notice shall, at a minimum, identify the legal compliance issues and provide a minimum of 10 days for county response.(e)(f) Nothing in this section shall be construed as preventing the department from bringing an action for writ of mandamus or any other action in court as may be appropriate to ensure no interruption in the provision of benefits to any person eligible therefore under federal law, the provisions of this code or the regulations of the department.(f)(g) (1) Nothing in this section shall be construed as relieving the board of supervisors of the responsibility to provide funds necessary for the continued services required by law.(2) Nothing contained in this section shall be construed as preventing a county from seeking judicial review of action taken by the director pursuant to this section under Section 1094.5 of the Code of Civil Procedure or, except in cases arising under Sections 10962 and 10963, from seeking injunctive relief when deemed appropriate.
SEC. 2. Section 10605 of the Welfare and Institutions Code is amended to read:
### SEC. 2.
10605. (a) If the director believes that a county is substantially failing to comply with any provision of this code or Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, or any regulation pertaining to any program administered by the department, and the director determines that formal action may be necessary to secure compliance, he or she the director shall inform the county welfare director and the board of supervisors of that failure. The notice to the county welfare director and board of supervisors shall be in writing and shall allow the county a specified period of time, not less than 30 days, to correct its failure to comply with the law or regulations. If within the specified period the county does not comply or provide reasonable assurances in writing that it will comply within the additional time as the director may allow, the director may take one or both of the following actions:(1) (A) Bring an action for injunctive relief to secure immediate compliance. Any(B) A county that is found to be failing to substantially comply with the law or regulations pertaining to any program administered by the department may be enjoined by any court of competent jurisdiction. The court may make orders or judgments as may be necessary to secure county compliance.(2) Order the county to appear at a hearing before the director to show cause why the director should not take administrative action to secure compliance. The county shall be given at least 30 days notice of the hearing. The director shall consider the case on the record established at the hearing and, within 30 days, shall render proposed findings and a proposed decision on the issues. The proposed findings and decisions shall be submitted to the county, and the county shall have the opportunity to appear within 10 days, at a time and place as may be determined by the director, for the purpose of presenting oral arguments respecting the proposed findings and decisions. Thereupon, the director shall make final findings and issue a final administrative decision.(b) If the director determines, based on the record established at the hearing pursuant to paragraph (2) of subdivision (a), that the county is failing to comply with laws or regulations pertaining to any program administered by the department, or if the Department of Human Resources certifies to the director that a county is not in conformity with established merit system standards under Part 2.5 (commencing with Section 19800) of Division 5 of Title 2 of the Government Code, and that administrative sanctions are necessary to secure compliance, the director may invoke either of the following sanctions, except that the sanctions shall not be invoked concurrently:(1) Except for child welfare services programs, withhold all or part of state and federal funds from the county until the county demonstrates to the director that it has complied.(2) (A) Assume, temporarily, direct responsibility for the administration of all or part of any or all programs administered by the department in the county until the time as the county provides reasonable written assurances to the director of its intention and ability to comply. During the period of direct state administrative responsibility, the director or his or her their authorized representative shall have all of the powers and responsibilities of the county director, except that he or she the authorized representative shall not be subject to the authority of the board of supervisors.(B) (i) In the event that the director invokes sanctions pursuant to this section, the county shall be responsible for providing any funds as may be necessary for the continued operation of all programs administered by the department in the county. If a county fails or refuses to provide these funds, including a sufficient amount to reimburse any and all costs incurred by the department in directly administering any program in the county, the Controller may deduct an amount certified by the director as necessary for the continued operation of these programs by the department from any state or federal funds payable to the county for any purpose.(ii) In the event of a state-imposed sanction, the amount of the sanction shall be no greater than the amount of county funds that the county would be required to contribute to fully match the state General Fund allocation for the particular program or programs for which the county is being sanctioned for those programs that are not Public Safety Programs realigned pursuant to 2011 realignment legislation.(iii) In the event of a state-imposed sanction pursuant to this paragraph for the Public Safety Programs realigned pursuant to 2011 realignment legislation that are administered by the Department of Social Services, the amount of the sanction shall be no greater than the amount of funding originally provided to the county in the 201112 fiscal year for the particular program from the Protective Services Subaccount within the Support Services Account of the Local Revenue Fund 2011, as adjusted by the countys share of the additional incremental funding provided pursuant to paragraph (2) of subdivision (f) of Section 30027.5 of, paragraph (2) of subdivision (f) of Section 30027.6 of, paragraph (2) of subdivision (f) of Section 30027.7 of, and paragraph (2) of subdivision (f) of Section 30027.8 of, the Government Code, the estimated growth funding for the program from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account, and any adjustment to the county allocation pursuant to subdivisions (a) and (b) of Section 30029.5 of the Government Code.(c) (1) The department is authorized to conduct or have conducted audits and reviews in order to meet its obligations for child welfare programs and to ensure the protection of children and families.(2) Except for cases in which when there is a risk of immediate harm to a minor, the department shall provide the county with at least 30-calendar days notice of the departments intent to perform an audit or review. This notice shall include the intended purpose, scope, and timing of the audit or review.(3) The county shall have an opportunity to respond to the audit or review and may request an extension of up to 30 calendar days, that shall be granted by the director if there is good cause and unless there is a risk of immediate harm to a minor. The request for extension shall be submitted to the department within 10 business days of receipt of the audit or review notice. The department, in consultation with the California State Association of Counties, shall develop a definition of good cause for the purposes of this section.(4) Nothing in the The notice required by paragraph (2) shall be construed to does not limit the authority of the department under federal or state law to examine other information or records should that become prudent or necessary during the course of the audit or review.(5) The county shall be presented with the audit or review findings at the conclusion of the audit or review. The county shall have 10 business days to provide a written response to the audit or review findings. The department shall have 10 business days thereafter to issue a final response to the countys written response. Both the county response and the departments written response shall be published as part of the audit or review and made final.(6) The audit or review shall not result in a fiscal sanction to the county, as defined in subdivision (b).(7) The department may impose a fiscal disallowance if there is a finding of misappropriation of funding, and the county shall be afforded due process as specified in subdivision (d).(d) (1) If the audit or review specified in subdivision (c) results in a fiscal disallowance, the county may request a hearing within 30 calendar days of the notice of sanction or finalized audit or review. The hearing request shall be in writing and shall be known as the Statement of Disputed Issues, which shall set forth the issues in dispute, and the countys contentions as to those issues, including any documentation to support the countys contentions. The hearing shall take place before a hearing officer designated by the director to examine any disputed audit or review finding.(A) Following the hearing, the hearing officer shall submit the proposed final audit or review of the findings to the director. The director may take any of the following actions:(i) Adopt the proposed findings with or without reading the record. The findings shall be final upon adoption by the director.(ii) Reject the proposed findings and have findings prepared based upon the documentation presented at the hearing.(iii) Refer the matter back to the hearing officer to receive additional information and prepare new findings.(B) The final audit or review of the findings shall include the countys Statement of Disputed Issues, including its accompanying documentation. The final audit or review of the findings shall be subject to judicial review.(e) If the director is informed that a county is failing to comply with any provision of law or regulation pertaining to a program administered by the department, and the director determines that formal action, as described in subdivision (a), is not yet warranted but that county action is necessary to correct the reported failure, the director shall inform the county welfare director and the board of supervisors by written notice. The written notice shall, at a minimum, identify the legal compliance issues and provide a minimum of 10 days for county response.(e)(f) Nothing in this section shall be construed as preventing the department from bringing an action for writ of mandamus or any other action in court as may be appropriate to ensure no interruption in the provision of benefits to any person eligible therefore under federal law, the provisions of this code or the regulations of the department.(f)(g) (1) Nothing in this section shall be construed as relieving the board of supervisors of the responsibility to provide funds necessary for the continued services required by law.(2) Nothing contained in this section shall be construed as preventing a county from seeking judicial review of action taken by the director pursuant to this section under Section 1094.5 of the Code of Civil Procedure or, except in cases arising under Sections 10962 and 10963, from seeking injunctive relief when deemed appropriate.
10605. (a) If the director believes that a county is substantially failing to comply with any provision of this code or Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, or any regulation pertaining to any program administered by the department, and the director determines that formal action may be necessary to secure compliance, he or she the director shall inform the county welfare director and the board of supervisors of that failure. The notice to the county welfare director and board of supervisors shall be in writing and shall allow the county a specified period of time, not less than 30 days, to correct its failure to comply with the law or regulations. If within the specified period the county does not comply or provide reasonable assurances in writing that it will comply within the additional time as the director may allow, the director may take one or both of the following actions:(1) (A) Bring an action for injunctive relief to secure immediate compliance. Any(B) A county that is found to be failing to substantially comply with the law or regulations pertaining to any program administered by the department may be enjoined by any court of competent jurisdiction. The court may make orders or judgments as may be necessary to secure county compliance.(2) Order the county to appear at a hearing before the director to show cause why the director should not take administrative action to secure compliance. The county shall be given at least 30 days notice of the hearing. The director shall consider the case on the record established at the hearing and, within 30 days, shall render proposed findings and a proposed decision on the issues. The proposed findings and decisions shall be submitted to the county, and the county shall have the opportunity to appear within 10 days, at a time and place as may be determined by the director, for the purpose of presenting oral arguments respecting the proposed findings and decisions. Thereupon, the director shall make final findings and issue a final administrative decision.(b) If the director determines, based on the record established at the hearing pursuant to paragraph (2) of subdivision (a), that the county is failing to comply with laws or regulations pertaining to any program administered by the department, or if the Department of Human Resources certifies to the director that a county is not in conformity with established merit system standards under Part 2.5 (commencing with Section 19800) of Division 5 of Title 2 of the Government Code, and that administrative sanctions are necessary to secure compliance, the director may invoke either of the following sanctions, except that the sanctions shall not be invoked concurrently:(1) Except for child welfare services programs, withhold all or part of state and federal funds from the county until the county demonstrates to the director that it has complied.(2) (A) Assume, temporarily, direct responsibility for the administration of all or part of any or all programs administered by the department in the county until the time as the county provides reasonable written assurances to the director of its intention and ability to comply. During the period of direct state administrative responsibility, the director or his or her their authorized representative shall have all of the powers and responsibilities of the county director, except that he or she the authorized representative shall not be subject to the authority of the board of supervisors.(B) (i) In the event that the director invokes sanctions pursuant to this section, the county shall be responsible for providing any funds as may be necessary for the continued operation of all programs administered by the department in the county. If a county fails or refuses to provide these funds, including a sufficient amount to reimburse any and all costs incurred by the department in directly administering any program in the county, the Controller may deduct an amount certified by the director as necessary for the continued operation of these programs by the department from any state or federal funds payable to the county for any purpose.(ii) In the event of a state-imposed sanction, the amount of the sanction shall be no greater than the amount of county funds that the county would be required to contribute to fully match the state General Fund allocation for the particular program or programs for which the county is being sanctioned for those programs that are not Public Safety Programs realigned pursuant to 2011 realignment legislation.(iii) In the event of a state-imposed sanction pursuant to this paragraph for the Public Safety Programs realigned pursuant to 2011 realignment legislation that are administered by the Department of Social Services, the amount of the sanction shall be no greater than the amount of funding originally provided to the county in the 201112 fiscal year for the particular program from the Protective Services Subaccount within the Support Services Account of the Local Revenue Fund 2011, as adjusted by the countys share of the additional incremental funding provided pursuant to paragraph (2) of subdivision (f) of Section 30027.5 of, paragraph (2) of subdivision (f) of Section 30027.6 of, paragraph (2) of subdivision (f) of Section 30027.7 of, and paragraph (2) of subdivision (f) of Section 30027.8 of, the Government Code, the estimated growth funding for the program from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account, and any adjustment to the county allocation pursuant to subdivisions (a) and (b) of Section 30029.5 of the Government Code.(c) (1) The department is authorized to conduct or have conducted audits and reviews in order to meet its obligations for child welfare programs and to ensure the protection of children and families.(2) Except for cases in which when there is a risk of immediate harm to a minor, the department shall provide the county with at least 30-calendar days notice of the departments intent to perform an audit or review. This notice shall include the intended purpose, scope, and timing of the audit or review.(3) The county shall have an opportunity to respond to the audit or review and may request an extension of up to 30 calendar days, that shall be granted by the director if there is good cause and unless there is a risk of immediate harm to a minor. The request for extension shall be submitted to the department within 10 business days of receipt of the audit or review notice. The department, in consultation with the California State Association of Counties, shall develop a definition of good cause for the purposes of this section.(4) Nothing in the The notice required by paragraph (2) shall be construed to does not limit the authority of the department under federal or state law to examine other information or records should that become prudent or necessary during the course of the audit or review.(5) The county shall be presented with the audit or review findings at the conclusion of the audit or review. The county shall have 10 business days to provide a written response to the audit or review findings. The department shall have 10 business days thereafter to issue a final response to the countys written response. Both the county response and the departments written response shall be published as part of the audit or review and made final.(6) The audit or review shall not result in a fiscal sanction to the county, as defined in subdivision (b).(7) The department may impose a fiscal disallowance if there is a finding of misappropriation of funding, and the county shall be afforded due process as specified in subdivision (d).(d) (1) If the audit or review specified in subdivision (c) results in a fiscal disallowance, the county may request a hearing within 30 calendar days of the notice of sanction or finalized audit or review. The hearing request shall be in writing and shall be known as the Statement of Disputed Issues, which shall set forth the issues in dispute, and the countys contentions as to those issues, including any documentation to support the countys contentions. The hearing shall take place before a hearing officer designated by the director to examine any disputed audit or review finding.(A) Following the hearing, the hearing officer shall submit the proposed final audit or review of the findings to the director. The director may take any of the following actions:(i) Adopt the proposed findings with or without reading the record. The findings shall be final upon adoption by the director.(ii) Reject the proposed findings and have findings prepared based upon the documentation presented at the hearing.(iii) Refer the matter back to the hearing officer to receive additional information and prepare new findings.(B) The final audit or review of the findings shall include the countys Statement of Disputed Issues, including its accompanying documentation. The final audit or review of the findings shall be subject to judicial review.(e) If the director is informed that a county is failing to comply with any provision of law or regulation pertaining to a program administered by the department, and the director determines that formal action, as described in subdivision (a), is not yet warranted but that county action is necessary to correct the reported failure, the director shall inform the county welfare director and the board of supervisors by written notice. The written notice shall, at a minimum, identify the legal compliance issues and provide a minimum of 10 days for county response.(e)(f) Nothing in this section shall be construed as preventing the department from bringing an action for writ of mandamus or any other action in court as may be appropriate to ensure no interruption in the provision of benefits to any person eligible therefore under federal law, the provisions of this code or the regulations of the department.(f)(g) (1) Nothing in this section shall be construed as relieving the board of supervisors of the responsibility to provide funds necessary for the continued services required by law.(2) Nothing contained in this section shall be construed as preventing a county from seeking judicial review of action taken by the director pursuant to this section under Section 1094.5 of the Code of Civil Procedure or, except in cases arising under Sections 10962 and 10963, from seeking injunctive relief when deemed appropriate.
10605. (a) If the director believes that a county is substantially failing to comply with any provision of this code or Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, or any regulation pertaining to any program administered by the department, and the director determines that formal action may be necessary to secure compliance, he or she the director shall inform the county welfare director and the board of supervisors of that failure. The notice to the county welfare director and board of supervisors shall be in writing and shall allow the county a specified period of time, not less than 30 days, to correct its failure to comply with the law or regulations. If within the specified period the county does not comply or provide reasonable assurances in writing that it will comply within the additional time as the director may allow, the director may take one or both of the following actions:(1) (A) Bring an action for injunctive relief to secure immediate compliance. Any(B) A county that is found to be failing to substantially comply with the law or regulations pertaining to any program administered by the department may be enjoined by any court of competent jurisdiction. The court may make orders or judgments as may be necessary to secure county compliance.(2) Order the county to appear at a hearing before the director to show cause why the director should not take administrative action to secure compliance. The county shall be given at least 30 days notice of the hearing. The director shall consider the case on the record established at the hearing and, within 30 days, shall render proposed findings and a proposed decision on the issues. The proposed findings and decisions shall be submitted to the county, and the county shall have the opportunity to appear within 10 days, at a time and place as may be determined by the director, for the purpose of presenting oral arguments respecting the proposed findings and decisions. Thereupon, the director shall make final findings and issue a final administrative decision.(b) If the director determines, based on the record established at the hearing pursuant to paragraph (2) of subdivision (a), that the county is failing to comply with laws or regulations pertaining to any program administered by the department, or if the Department of Human Resources certifies to the director that a county is not in conformity with established merit system standards under Part 2.5 (commencing with Section 19800) of Division 5 of Title 2 of the Government Code, and that administrative sanctions are necessary to secure compliance, the director may invoke either of the following sanctions, except that the sanctions shall not be invoked concurrently:(1) Except for child welfare services programs, withhold all or part of state and federal funds from the county until the county demonstrates to the director that it has complied.(2) (A) Assume, temporarily, direct responsibility for the administration of all or part of any or all programs administered by the department in the county until the time as the county provides reasonable written assurances to the director of its intention and ability to comply. During the period of direct state administrative responsibility, the director or his or her their authorized representative shall have all of the powers and responsibilities of the county director, except that he or she the authorized representative shall not be subject to the authority of the board of supervisors.(B) (i) In the event that the director invokes sanctions pursuant to this section, the county shall be responsible for providing any funds as may be necessary for the continued operation of all programs administered by the department in the county. If a county fails or refuses to provide these funds, including a sufficient amount to reimburse any and all costs incurred by the department in directly administering any program in the county, the Controller may deduct an amount certified by the director as necessary for the continued operation of these programs by the department from any state or federal funds payable to the county for any purpose.(ii) In the event of a state-imposed sanction, the amount of the sanction shall be no greater than the amount of county funds that the county would be required to contribute to fully match the state General Fund allocation for the particular program or programs for which the county is being sanctioned for those programs that are not Public Safety Programs realigned pursuant to 2011 realignment legislation.(iii) In the event of a state-imposed sanction pursuant to this paragraph for the Public Safety Programs realigned pursuant to 2011 realignment legislation that are administered by the Department of Social Services, the amount of the sanction shall be no greater than the amount of funding originally provided to the county in the 201112 fiscal year for the particular program from the Protective Services Subaccount within the Support Services Account of the Local Revenue Fund 2011, as adjusted by the countys share of the additional incremental funding provided pursuant to paragraph (2) of subdivision (f) of Section 30027.5 of, paragraph (2) of subdivision (f) of Section 30027.6 of, paragraph (2) of subdivision (f) of Section 30027.7 of, and paragraph (2) of subdivision (f) of Section 30027.8 of, the Government Code, the estimated growth funding for the program from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account, and any adjustment to the county allocation pursuant to subdivisions (a) and (b) of Section 30029.5 of the Government Code.(c) (1) The department is authorized to conduct or have conducted audits and reviews in order to meet its obligations for child welfare programs and to ensure the protection of children and families.(2) Except for cases in which when there is a risk of immediate harm to a minor, the department shall provide the county with at least 30-calendar days notice of the departments intent to perform an audit or review. This notice shall include the intended purpose, scope, and timing of the audit or review.(3) The county shall have an opportunity to respond to the audit or review and may request an extension of up to 30 calendar days, that shall be granted by the director if there is good cause and unless there is a risk of immediate harm to a minor. The request for extension shall be submitted to the department within 10 business days of receipt of the audit or review notice. The department, in consultation with the California State Association of Counties, shall develop a definition of good cause for the purposes of this section.(4) Nothing in the The notice required by paragraph (2) shall be construed to does not limit the authority of the department under federal or state law to examine other information or records should that become prudent or necessary during the course of the audit or review.(5) The county shall be presented with the audit or review findings at the conclusion of the audit or review. The county shall have 10 business days to provide a written response to the audit or review findings. The department shall have 10 business days thereafter to issue a final response to the countys written response. Both the county response and the departments written response shall be published as part of the audit or review and made final.(6) The audit or review shall not result in a fiscal sanction to the county, as defined in subdivision (b).(7) The department may impose a fiscal disallowance if there is a finding of misappropriation of funding, and the county shall be afforded due process as specified in subdivision (d).(d) (1) If the audit or review specified in subdivision (c) results in a fiscal disallowance, the county may request a hearing within 30 calendar days of the notice of sanction or finalized audit or review. The hearing request shall be in writing and shall be known as the Statement of Disputed Issues, which shall set forth the issues in dispute, and the countys contentions as to those issues, including any documentation to support the countys contentions. The hearing shall take place before a hearing officer designated by the director to examine any disputed audit or review finding.(A) Following the hearing, the hearing officer shall submit the proposed final audit or review of the findings to the director. The director may take any of the following actions:(i) Adopt the proposed findings with or without reading the record. The findings shall be final upon adoption by the director.(ii) Reject the proposed findings and have findings prepared based upon the documentation presented at the hearing.(iii) Refer the matter back to the hearing officer to receive additional information and prepare new findings.(B) The final audit or review of the findings shall include the countys Statement of Disputed Issues, including its accompanying documentation. The final audit or review of the findings shall be subject to judicial review.(e) If the director is informed that a county is failing to comply with any provision of law or regulation pertaining to a program administered by the department, and the director determines that formal action, as described in subdivision (a), is not yet warranted but that county action is necessary to correct the reported failure, the director shall inform the county welfare director and the board of supervisors by written notice. The written notice shall, at a minimum, identify the legal compliance issues and provide a minimum of 10 days for county response.(e)(f) Nothing in this section shall be construed as preventing the department from bringing an action for writ of mandamus or any other action in court as may be appropriate to ensure no interruption in the provision of benefits to any person eligible therefore under federal law, the provisions of this code or the regulations of the department.(f)(g) (1) Nothing in this section shall be construed as relieving the board of supervisors of the responsibility to provide funds necessary for the continued services required by law.(2) Nothing contained in this section shall be construed as preventing a county from seeking judicial review of action taken by the director pursuant to this section under Section 1094.5 of the Code of Civil Procedure or, except in cases arising under Sections 10962 and 10963, from seeking injunctive relief when deemed appropriate.
10605. (a) If the director believes that a county is substantially failing to comply with any provision of this code or Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, or any regulation pertaining to any program administered by the department, and the director determines that formal action may be necessary to secure compliance, he or she the director shall inform the county welfare director and the board of supervisors of that failure. The notice to the county welfare director and board of supervisors shall be in writing and shall allow the county a specified period of time, not less than 30 days, to correct its failure to comply with the law or regulations. If within the specified period the county does not comply or provide reasonable assurances in writing that it will comply within the additional time as the director may allow, the director may take one or both of the following actions:
(1) (A) Bring an action for injunctive relief to secure immediate compliance.
Any
(B) A county that is found to be failing to substantially comply with the law or regulations pertaining to any program administered by the department may be enjoined by any court of competent jurisdiction. The court may make orders or judgments as may be necessary to secure county compliance.
(2) Order the county to appear at a hearing before the director to show cause why the director should not take administrative action to secure compliance. The county shall be given at least 30 days notice of the hearing. The director shall consider the case on the record established at the hearing and, within 30 days, shall render proposed findings and a proposed decision on the issues. The proposed findings and decisions shall be submitted to the county, and the county shall have the opportunity to appear within 10 days, at a time and place as may be determined by the director, for the purpose of presenting oral arguments respecting the proposed findings and decisions. Thereupon, the director shall make final findings and issue a final administrative decision.
(b) If the director determines, based on the record established at the hearing pursuant to paragraph (2) of subdivision (a), that the county is failing to comply with laws or regulations pertaining to any program administered by the department, or if the Department of Human Resources certifies to the director that a county is not in conformity with established merit system standards under Part 2.5 (commencing with Section 19800) of Division 5 of Title 2 of the Government Code, and that administrative sanctions are necessary to secure compliance, the director may invoke either of the following sanctions, except that the sanctions shall not be invoked concurrently:
(1) Except for child welfare services programs, withhold all or part of state and federal funds from the county until the county demonstrates to the director that it has complied.
(2) (A) Assume, temporarily, direct responsibility for the administration of all or part of any or all programs administered by the department in the county until the time as the county provides reasonable written assurances to the director of its intention and ability to comply. During the period of direct state administrative responsibility, the director or his or her their authorized representative shall have all of the powers and responsibilities of the county director, except that he or she the authorized representative shall not be subject to the authority of the board of supervisors.
(B) (i) In the event that the director invokes sanctions pursuant to this section, the county shall be responsible for providing any funds as may be necessary for the continued operation of all programs administered by the department in the county. If a county fails or refuses to provide these funds, including a sufficient amount to reimburse any and all costs incurred by the department in directly administering any program in the county, the Controller may deduct an amount certified by the director as necessary for the continued operation of these programs by the department from any state or federal funds payable to the county for any purpose.
(ii) In the event of a state-imposed sanction, the amount of the sanction shall be no greater than the amount of county funds that the county would be required to contribute to fully match the state General Fund allocation for the particular program or programs for which the county is being sanctioned for those programs that are not Public Safety Programs realigned pursuant to 2011 realignment legislation.
(iii) In the event of a state-imposed sanction pursuant to this paragraph for the Public Safety Programs realigned pursuant to 2011 realignment legislation that are administered by the Department of Social Services, the amount of the sanction shall be no greater than the amount of funding originally provided to the county in the 201112 fiscal year for the particular program from the Protective Services Subaccount within the Support Services Account of the Local Revenue Fund 2011, as adjusted by the countys share of the additional incremental funding provided pursuant to paragraph (2) of subdivision (f) of Section 30027.5 of, paragraph (2) of subdivision (f) of Section 30027.6 of, paragraph (2) of subdivision (f) of Section 30027.7 of, and paragraph (2) of subdivision (f) of Section 30027.8 of, the Government Code, the estimated growth funding for the program from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account, and any adjustment to the county allocation pursuant to subdivisions (a) and (b) of Section 30029.5 of the Government Code.
(c) (1) The department is authorized to conduct or have conducted audits and reviews in order to meet its obligations for child welfare programs and to ensure the protection of children and families.
(2) Except for cases in which when there is a risk of immediate harm to a minor, the department shall provide the county with at least 30-calendar days notice of the departments intent to perform an audit or review. This notice shall include the intended purpose, scope, and timing of the audit or review.
(3) The county shall have an opportunity to respond to the audit or review and may request an extension of up to 30 calendar days, that shall be granted by the director if there is good cause and unless there is a risk of immediate harm to a minor. The request for extension shall be submitted to the department within 10 business days of receipt of the audit or review notice. The department, in consultation with the California State Association of Counties, shall develop a definition of good cause for the purposes of this section.
(4) Nothing in the The notice required by paragraph (2) shall be construed to does not limit the authority of the department under federal or state law to examine other information or records should that become prudent or necessary during the course of the audit or review.
(5) The county shall be presented with the audit or review findings at the conclusion of the audit or review. The county shall have 10 business days to provide a written response to the audit or review findings. The department shall have 10 business days thereafter to issue a final response to the countys written response. Both the county response and the departments written response shall be published as part of the audit or review and made final.
(6) The audit or review shall not result in a fiscal sanction to the county, as defined in subdivision (b).
(7) The department may impose a fiscal disallowance if there is a finding of misappropriation of funding, and the county shall be afforded due process as specified in subdivision (d).
(d) (1) If the audit or review specified in subdivision (c) results in a fiscal disallowance, the county may request a hearing within 30 calendar days of the notice of sanction or finalized audit or review. The hearing request shall be in writing and shall be known as the Statement of Disputed Issues, which shall set forth the issues in dispute, and the countys contentions as to those issues, including any documentation to support the countys contentions. The hearing shall take place before a hearing officer designated by the director to examine any disputed audit or review finding.
(A) Following the hearing, the hearing officer shall submit the proposed final audit or review of the findings to the director. The director may take any of the following actions:
(i) Adopt the proposed findings with or without reading the record. The findings shall be final upon adoption by the director.
(ii) Reject the proposed findings and have findings prepared based upon the documentation presented at the hearing.
(iii) Refer the matter back to the hearing officer to receive additional information and prepare new findings.
(B) The final audit or review of the findings shall include the countys Statement of Disputed Issues, including its accompanying documentation. The final audit or review of the findings shall be subject to judicial review.
(e) If the director is informed that a county is failing to comply with any provision of law or regulation pertaining to a program administered by the department, and the director determines that formal action, as described in subdivision (a), is not yet warranted but that county action is necessary to correct the reported failure, the director shall inform the county welfare director and the board of supervisors by written notice. The written notice shall, at a minimum, identify the legal compliance issues and provide a minimum of 10 days for county response.
(e)
(f) Nothing in this section shall be construed as preventing the department from bringing an action for writ of mandamus or any other action in court as may be appropriate to ensure no interruption in the provision of benefits to any person eligible therefore under federal law, the provisions of this code or the regulations of the department.
(f)
(g) (1) Nothing in this section shall be construed as relieving the board of supervisors of the responsibility to provide funds necessary for the continued services required by law.
(2) Nothing contained in this section shall be construed as preventing a county from seeking judicial review of action taken by the director pursuant to this section under Section 1094.5 of the Code of Civil Procedure or, except in cases arising under Sections 10962 and 10963, from seeking injunctive relief when deemed appropriate.
(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, which shall include judicial review pursuant to Section 1094.5 of the Code of Civil Procedure by the superior court sitting in the county where the facility is located.
(d)For purposes of this section, person means an individual, firm, association, organization, partnership, business trust, corporation, limited liability company, company, or political subdivision of the state.
(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 unlicensed residential foster care facilities.
(b)The following definitions apply for purposes of this section:
(1)Residential foster care facility or facility means a facility that provides 24-hour nonmedical care and supervision to foster children or youth. 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 appropriate placement of a foster child or youth, as defined in Section 1527 of the Health and Safety Code.
(c)(1)The department shall provide an initial statement of allegations to a 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 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, 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 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 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 arrange 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
the temporary placement manager notifies the department, and the department verifies, that 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, 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.
(g)(1)A residential foster care facility that receives a formal statement of allegations under subdivision (c) may contest the appointment of a temporary manager by seeking injunctive relief in the superior court sitting in the county in which the facility is located.
(2)(A)The facility shall file its petition for injunctive relief and provide notice to the department within 15 days of receiving the formal statement of allegations.
(B)The department shall file its response within 10 days of receiving the application.
(C)The court shall hold a hearing on the application for injunctive relief within 15 days of receiving the departments response and issue a decision within 5 days of the hearing.
(3)The courts review shall be limited to the question of whether the residential foster care facility is operating pursuant to a valid license. If the residential foster care facility proves that it is operating pursuant to a valid license, the court shall enjoin the appointment of a temporary manger under the notice at issue. The courts order shall not prohibit the department from taking any action authorized by law against a licensee.
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 unlicensed residential foster care facilities at the earliest possible time, it is necessary for this bill to take effect immediately.