What To Know About the California Department of Social Services and License Defense
The California Department of Social Services (CDSS) oversees programs that support nearly three million of California’s most vulnerable residents. These programs serve adults and elderly in licensed community care facilities, foster children and youth, children in child care centers and in-home child care facilities, and aged, blind, and disabled individuals requiring in-home supportive services or government assistance. In addition, the department operates under the Health and Human Services Agency. It has approximately 4,200 employees in 51 offices throughout the state and 58 county welfare departments, community-based organizations, and offices.
What Power Does the California Department of Social Services Have?
The California Department of Social Services has significant authority and leeway in denying a license or disciplining individuals for purported violations. If the Department finds that an individual has disregarded an important regulation or violated a law, it can suspend their license immediately, entirely revoke it, place the individual on probation, or refer the individual for criminal prosecution.
How Do You Apply for a License Through the California Department of Social Services?
To become a registered childcare provider in California, you must obtain a CDSS license. Once licensed as a Family Child Care Home provider, you can supervise up to 14 children in a home or home-like environment and provide non-medical care for up to 24 consecutive hours. However, the house will be inspected and must meet basic safety and health requirements. For a Child Care Center, the facility is usually located in a commercial building. Supervision and non-medical care can be offered for infants to school-age children in a group setting for less than 24 hours.
Can You Lose Your License?
The CDSS has the authority to suspend or revoke any license that it has issued by way of an administrative proceeding called an Accusation, or in some rare cases, a Temporary Suspension Order. If your license has been suspended or you believe you are at risk of receiving an Accusation, consider speaking with an experienced license defense attorney to learn more about your options.
Different Types of Complaints
The California Department of Social Services and its Community Care Licensing Divisiontreat complaints about situations that could jeopardize the health and safety of children, dependent adults, and the elderly very seriously. When the CDSS receives a formal complaint, it will begin an investigation, give notice to the facility, and ultimately make a finding that can become part of the licenese’s public record.. Complaints that typically result in an investigation include health and safety complaints, recordkeeping, and care and supervision issues.
Deficiency Findings, Civil Penalties, and Other Disciplinary Actions
The California Department of Social Services may issue citations or notices of deficiency and civil penalty assessments or take disciplinary actions, including revoking a license or certificate when it believes a facility or its staff has failed to comply with the relevant regulations and statutes. Defending licensees and administrators against these allegations requires a deep understanding of the law and familiarity with the licensing personnel responsible for ensuring compliance with regulations.
Contact Gould, Hahn, & Reinhardt Today To Learn More About Your Legal Options
Gould, Hahn, & Reinhardt have been specializing in defending facilities licensed by the California Department of Social Services since 1995. The firm has aggressively represented the owners and administrators of family child care homes, foster family homes, adult day programs, childcare centers, adult residential facilities, and residential care facilities for the elderly. If you need assistance, we are ready and prepared to be your Social Services Lawyer.
For further information about the California Department of Social Services and license defense, contact Gould, Hahn, & Reinhardt today and speak with our experienced legal team.