§ 1534. — 1534. (Amended by Stats. 2021, Ch. 76, Sec. 7.)

California § 1534.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 2.: DIVISION 2. LICENSING PROVISIONS
• Ch. 3.: CHAPTER 3. California Community Care Facilities Act
• Art. 3.: ARTICLE 3. Regulations

Text

(a)
(1)
(A)
Except for foster family homes, every licensed community care facility shall be subject to unannounced inspections by the department.
(B)
Foster family homes shall be subject to announced inspections by the department, except that a foster family home shall be subject to unannounced inspections in response to a complaint, a plan of correction, or under any of the circumstances set forth in subparagraph (B) of paragraph (2).
(2)
(A)
The department may inspect these facilities as often as necessary to ensure the quality of care provided.
(B)
The department
shall conduct an annual unannounced inspection of a facility under any of the following circumstances:
(i)
If a license is on probation.
(ii)
If the terms of agreement in a facility compliance plan require an annual inspection.
(iii)
If an
accusation against a licensee is pending.
(iv)
If a facility requires an annual inspection as a condition of receiving federal financial participation.
(v)
In order to verify that a person who has been ordered out of a facility by the department is no longer at the facility.
(C)
On and after January 1, 2017, and until January 1, 2018, the following shall apply:
(i)
Except for foster family homes, the department shall conduct annual unannounced inspections of no less than 30 percent of every licensed community care facility not subject to an inspection under
subparagraph (B).
(ii)
The department shall conduct annual announced inspections of no less than 30 percent of foster family homes not subject to an inspection under subparagraph (B).
(iii)
These inspections shall be conducted based on a random sampling methodology developed by the department.
(iv)
The department shall inspect a licensed community care facility at least once every three years.
(D)
On and after January 1, 2018, and until January 1, 2019, the following shall apply:
(i)
The department shall conduct annual unannounced inspections of no less than 20 percent of adult residential facilities, adult day programs, social rehabilitation facilities, enhanced behavioral support homes
for adults, and community crisis homes, as defined in Section 1502, that are not subject to an inspection under subparagraph (B).
(ii)
These inspections shall be conducted based on a random sampling methodology developed by the department.
(iii)
The department shall inspect an adult residential facility, adult day program, social rehabilitation facility, enhanced behavioral support home for adults, and community crisis home, as defined in Section 1502, at least once every two years.
(E)
On and after January 1, 2019, the department shall conduct annual unannounced inspections of all adult residential facilities, adult day programs, social rehabilitation facilities, enhanced behavioral support homes for adults, and
community crisis homes, as defined in Section 1502, and adult residential facilities for persons with special health care needs, as defined in Section 4684.50 of the Welfare and Institutions Code.
(F)
On and after January 1, 2018, all of the following shall apply:
(i)
Except for foster family homes, the department shall conduct annual unannounced inspections of no less than 20 percent of residential care facilities for children, as defined in Section 1502, including enhanced behavioral support homes for children, transitional housing placement providers, group homes for children with special health care needs, and foster family agencies not subject to an inspection under subparagraph (B).
(ii)
The department
shall conduct annual announced inspections of no less than 20 percent of foster family homes, as defined in Section 1502, not subject to an inspection under subparagraph (B).
(iii)
The inspections in clauses (i) and (ii) shall be conducted based on a random sampling methodology developed by the department.
(iv)
The department shall conduct unannounced inspections of residential care facilities for children, as defined in Section 1502, including enhanced behavioral support homes for children, transitional housing placement providers, group homes for children with special health care needs, and foster family agencies, and announced inspections of foster family homes, at least once every two years.
(3)
In order to
facilitate direct contact with group home or short-term residential therapeutic program clients, the department may interview children who are clients of group homes or short-term residential therapeutic programs at any public agency or private agency at which the client may be found, including, but not limited to, a juvenile hall, recreation or vocational program, or a public or nonpublic school. The department shall respect the rights of the child while conducting the interview, including informing the child that they have the right not to be interviewed and the right to have another adult present during the interview.
(4)
The department shall notify the community care facility in writing of all deficiencies in its compliance with the provisions of this chapter and the rules and regulations adopted pursuant to this chapter, and shall set a reasonable length of time for compliance by the facility.
(5)
Reports on the results of each inspection, evaluation, or consultation shall be kept on file in the department, and all inspection reports, consultation reports, lists of deficiencies, and plans of correction shall be open to public inspection.
(b)
(1)
This section does not limit the authority of the department to inspect or evaluate a licensed foster family agency, a certified family home, or any aspect of a program in which a licensed community care facility is certifying compliance with licensing requirements.
(2)
(A)
A foster family agency shall conduct an announced inspection of a certified family home during the annual recertification described in Section 1506 in order to ensure that the certified family home meets all applicable licensing standards. A foster family agency may inspect a certified family home as often as necessary to ensure the quality of care provided.
(B)
In addition to the inspections required pursuant to subparagraph (A), a foster family agency shall conduct an unannounced inspection of a certified family home under any of the following
circumstances:
(i)
If a certified family home is on probation.
(ii)
If the terms of the agreement in a facility compliance plan require an annual inspection.
(iii)
If an accusation against a certified family home is pending.
(iv)
If a certified family home requires an annual inspection as a condition of receiving federal financial participation.
(v)
In order to verify that a person who has been ordered out of a certified family home by the department is no longer at the home.
(3)
Upon a finding of noncompliance by the department, the department may require a foster family agency to deny or revoke the certificate of approval of a certified family home, or take other action the department may deem necessary for the protection of a child placed with the certified family home. The certified parent or prospective foster parent shall be afforded the due
process provided pursuant to this chapter.
(4)
If the department requires a foster family agency to deny or revoke the certificate of approval, the department shall serve an order of denial or revocation upon the certified or prospective foster parent and foster family agency that shall notify the certified or prospective foster parent of the basis of the department’s action and of the certified or prospective foster parent’s right to a hearing.
(5)
Within 15 days after the department serves an order of denial or revocation, the certified or prospective foster parent may file a written appeal of the department’s decision with the department. The department’s action shall be final if the certified or prospective foster parent does not file a written appeal within 15 days after the department serves the denial or revocation order.
(6)
The department’s order of the denial or revocation of the certificate of approval shall remain in effect until the hearing is completed and the director has made a final determination on the merits.
(7)
A certified or prospective foster parent who files a written appeal of the department’s order with the department pursuant to this section shall, as part of the written request, provide their current mailing address. The certified or prospective foster parent shall subsequently notify the department in writing of any change in mailing address, until the hearing process has been completed or terminated.
(8)
Hearings held pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(9)
The department may institute or continue a disciplinary proceeding against a certified or prospective foster parent upon any ground provided by this section or Section 1550, enter an
order denying or revoking the certificate of approval, or otherwise take disciplinary action against the certified or prospective foster parent, notwithstanding any resignation, withdrawal of application, forfeiture, surrender of the certificate of approval, or denial or revocation of the certificate of approval by the foster family agency.
(10)
A foster family agency’s failure to comply with the department’s order to deny or revoke the certificate of approval by placing or retaining children in care shall be grounds for disciplining the licensee pursuant to Section 1550.
(c)
This section shall become operative on January 1, 2017.

Legislative History

Amended by Stats. 2021, Ch. 76, Sec. 7. (AB 136) Effective July 16, 2021.