Care facilities: civil penalties.

Existing law establishes the State Department of Social Services and sets forth its powers and duties, including, but not limited to, the licensing and administration of community care facilities, residential care facilities for persons with chronic life-threatening illnesses, residential care facilities for the elderly, child day care centers, and family day care homes. Existing law authorizes the department to impose various civil penalties for licensing violations. This bill would, commencing July 1, 2015, increase the amount of civil penalties that may be imposed for a violation that the department determines results in the death of, or serious bodily injury or physical injury to, a resident or child at the care facility. This bill would, in those cases, require that the decision to issue the citation be approved by the director prior to the issuance of the citation. This bill would require the department to adopt regulations setting forth the appeal procedures for deficiencies. The bill would require that a licensee has the right to submit to the department a written request for a formal review of a civil penalty assessed for the death of, or serious bodily injury or physical injury to, a resident or child at the care facility within 10 days of receipt of the notice of the civil penalty assessment. The bill would require the first review to be conducted by a regional manager of the department's Community Care Licensing Division (CCLD) , who can uphold, amend, or dismiss the civil penalty and would require the licensee to be notified of the regional manager's decision within 60 days of the licensee's request. The licensee may further appeal to the CCLD's program administrator and deputy director, and to an administrative law judge, as specified. This bill would require the department, by January 1, 2016, to amend its regulations to reflect the changes to law made by this bill.