California Family Child Care Home License Defense Attorney

California Department of Social Services License Defense Lawyer

The California Department of Social Services, known as CDSS, licenses Family Child Care Homes in the State of California. Most California Family Child Care Homes have minimal or no contact with the enforcement arm of the California Department of Social Services. For Family Child Care Homes who become part of the California Department of Social Services’ disciplinary process, the consequences are profound. The Family Child Care Home License disciplinary process is complex, procedural and time consuming. Family Child Care Homes facing the California Department of Social Services disciplinary process should seek legal representation from an experienced California Family Child Care Home License Defense Attorney.

California Department of Social Services Investigation Defense Lawyer

The majority of California Department of Social Services investigations begin with the filing of a consumer Complaint. However, California Department of Social Services Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Department of Social Services employs non sworn Licensing Program Analysts (LPAs) to conduct non criminal investigations. The California Department of Social Services employs sworn Peace Officer Investigators to conduct criminal investigations against Family Child Care Homes. These employees investigate criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.

It is important to have an attorney that understands the California Department of Social Services disciplinary process. At the conclusion of a California Department of Social Services investigation, the Department has several options. The Department can choose to close the Complaint. The Department can choose to issue a Citation. The Department can also choose to refer the matter to the California Department of Social Services Legal Division. The California Department of Social Services Legal Division will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Department may refer the case to the District Attorney’s Office for criminal prosecution.

If you are a Family Child Care Home Licensee facing a California Department of Social Services investigation, contact a California Department of Social Services License Defense Attorney for representation.

California Family Child Care Home License Accusation Defense Attorney

A formal Accusation served on a California Family Child Care Home Licensee serves as notice to a Family Child Care Home that the Department intends to revoke the Family Child Care Homes’ License. The Family Child Care Home, now called the Respondent, has only 15 days from the date that the Accusation was served (not received, but served) to file a Notice of Defense. The failure to file a Notice of Defense results in a Default against the Family Child Care Home. A Default will result in the immediate Revocation of the Family Child Care Homes License.

An Accusation is a serious matter that can result in the suspension or revocation of a Family Child Care Home License in California. In many cases, it is possible for Family Child Care Homes to reach a Stipulated Agreement with the California Department of Social Services. A Stipulated Agreement is a formal term for a settlement agreement. If a Stipulated Agreement cannot be reached, the parties will proceed to a formal Hearing before the California Office of Administrative Hearings (OAH).

Family Child Care Homes facing a California Department of Social Services Accusation should contact an experienced California Family Child Care Home License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Family Child Care Homes include:

California Family Child Care Home License Hearing Attorney

The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. These Court locations are in Los Angeles, Oakland, Sacramento and San Diego. In some instances, Hearings may be held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.

The Administrative Law Judge, or ALJ, will issue a written Proposed Decision approximately 30 days after the Hearing. The California Department of Social Services can adopt, modify or reject the ALJ’s Proposed Decision. The California Department of Social Services’ action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows a Family Child Care Home to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the Family Child Care Home can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order.

California Family Child Care Homes facing a California Department of Social Services Administrative Law Hearing need effective representation from a California Family Child Care Home License Defense Lawyer.

California Family Child Care Home License and Criminal Convictions

The California Department of Social Services can discipline Family Child Care Home owners, corporate officers and staff members for criminal convictions. California Department of Social Services discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Family Child Care Home owner, corporate officer or staff member. Common criminal offenses that can cause Family Child Care Home License discipline are:

The California Department of Social Services and other law enforcement agencies also investigate criminal conduct by Family Child Care Home staff members in the course and scope of their trade. Criminal investigations often involve Family Child Care Home staff members engaged in Child Abuse and Child Endangerment. In serious criminal cases against Family Child Care Home staff members pending in Criminal Court, the California Department of Social Services and the Department of Social Services Legal Division may seek a California Penal Code § 23 Order against the Family Child Care Homes’ staff members. A California Penal Code § 23 Order seeks to suspend a Family Child Care Home License and bar staff members from facilities in Criminal Court.

Family Child Care Home owners, corporate officers, and staff members facing criminal charges and Family Child Care Homes who are convicted of criminal offenses need an experienced California Family Child Care Home License Defense Attorney for representation in disciplinary proceedings before the California Department of Social Services.

California Family Child Care Home License Statement of Issues Attorney

The California Department of Social Services thoroughly investigates all applicants for Family Child Care Home Licenses. The California Department of Social Services may deny a California Family Child Care Home License for a variety of reasons. Most California Family Child Care Home License denials occur due to criminal convictions, financial problems or misstatements on the Family Child Care Home License application. Statement of Issues Hearings and Accusation Hearings before the Office of Administrative Hearings maintain a similar procedure. However, in a Statement of Issues Hearing, the applicant bears the burden of proof. Individuals denied a Family Child Care Home License should contact a California Family Child Care Home License Denial Lawyer for representation in a California Department of Social Services Statement of Issues Hearing.

California Family Child Care Home License Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Family Child Care Homes who have received a Family Child Care Home License Revocation to reinstate their License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the Family Child Care Home License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Department of Social Services. A successful Family Child Care Home License Petition for Reinstatement requires representation by an experienced California Family Child Care Home License Defense Attorney.