California Home Care Organization License Defense Attorney

California Department of Social Services License Defense Lawyer

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

California Home Care Organization License Accusation Defense Attorney

A formal Accusation served on a California Home Care Organization Licensee serves as notice to a Home Care Organization that the Department intends to revoke the Home Care Organizations’ License. The Home Care Organization, 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 Home Care Organization. A Default will result in the immediate Revocation of the Home Care Organizations License.

An Accusation is a serious matter that can result in the suspension or revocation of a Home Care Organization License in California. In many cases, it is possible for Home Care Organizations 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).

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

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

California Home Care Organization License and Criminal Convictions

The California Department of Social Services can discipline Home Care Organization 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 Home Care Organization owner, corporate officer or staff member. Common criminal offenses that can cause Home Care Organization License discipline are:

The California Department of Social Services and other law enforcement agencies also investigate criminal conduct by Home Care Organization staff members in the course and scope of their trade. Criminal investigations often involve Home Care Organization staff members engaged in Elder Abuse and Theft. In serious criminal cases against Home Care Organization 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 Home Care Organizations’ staff members. A California Penal Code § 23 Order seeks to suspend a Home Care Organization License and bar staff members from facilities in Criminal Court.

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

California Home Care Organization License Statement of Issues Attorney

The California Department of Social Services thoroughly investigates all applicants for Home Care Organization Licenses. The California Department of Social Services may deny a California Home Care Organization License for a variety of reasons. Most California Home Care Organization License denials occur due to criminal convictions, financial problems or misstatements on the Home Care Organization 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 Home Care Organization License should contact a California Home Care Organization License Denial Lawyer for representation in a California Department of Social Services Statement of Issues Hearing.

California Home Care Organization License Petition for Reinstatement Lawyer 

A Petition for Reinstatement allows Home Care Organizations who have received a Home Care Organization 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 Home Care Organization License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Department of Social Services. A successful Home Care Organization License Petition for Reinstatement requires representation by an experienced California Home Care Organization License Defense Attorney.