Bill Text: CA AB426 | 2023-2024 | Regular Session | Amended

California Assembly Bill 426

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Unlicensed residential foster care facilities: temporary placement management.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-10-08 - Chaptered by Secretary of State - Chapter 438, Statutes of 2023. [AB426 Detail]

Download: California-2023-AB426-Amended.html

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— 2023–2024 REGULAR SESSION

Assembly Bill

No. 426

Introduced by Assembly Member Jackson

February 06, 2023

An act to add Section 1547.1 to the Health and Safety Code, and to add Section 16003 to the Welfare and Institutions Code, relating to foster care, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL'S DIGEST

AB 426, as amended, Jackson. Unlicensed residential foster care facilities: temporary placement management.

Existing law generally provides for the placement of foster youth in various placement settings and governs the provision, through the State Department of Social Services and county welfare departments, of child welfare services, which is defined to mean public social services that are directed toward the accomplishment of specified purposes, including protecting and promoting the welfare of all children, preventing the unnecessary separation of children from their families, and restoring to their families children who have been removed. 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 office’s 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.

Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 1547.1 is added to the Health and Safety Code, to read:

1547.1.

(a) (1) Notwithstanding Sections 1540 and 1547 or any other provision of this chapter, with respect to an unlicensed residential foster care facility, as defined in Section 16003 of the Welfare and Institutions Code, a person who violates Section 1503.5, 1508, or both, shall be assessed by the department an immediate civil penalty in the amount of five hundred dollars ($500) for each foster child or youth residing in the facility per day of the violation.

(2) A civil penalty under this subdivision shall be assessed commencing on the date the unlicensed facility is issued a formal statement of allegations by the department pursuant to subdivision (c) of Section 16003 of the Welfare and Institutions Code that the department is endangering the health and safety of foster children or youth, including, but not limited to, by violating any of the rights specified in Section 16001.9 of the Welfare and Institutions Code.

(b) In addition to the penalties assessed under subdivision (a), a person that fails to locate appropriate placements for all of the foster children and youth residing in the unlicensed facility within 60 days after receiving the formal statement of allegations shall be assessed by the department an immediate civil penalty in the amount of five thousand dollars ($5,000) for each remaining foster child or youth residing in the unlicensed facility per day of the violation.

(c) A person subject to this section may appeal the assessment to the director. The department shall adopt regulations setting forth the appeal ~~procedure.~~ 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 department’s 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 director’s 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 department’s response and issue a decision within 5 days of the hearing.
(3) The court’s 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 court’s 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.