California Department of Social Services License Defense Lawyer
The California Department of Social Services, known as CDSS, licenses Residential Care Facilities for the Elderly in the State of California. Most California Residential Care Facilities for the Elderly have minimal or no contact with the enforcement arm of the California Department of Social Services. For Residential Care Facilities for the Elderly who become part of the California Department of Social Services’ disciplinary process, the consequences are profound. The Residential Care Facility for the Elderly License disciplinary process is complex, procedural and time consuming. Residential Care Facilities for the Elderly facing the California Department of Social Services disciplinary process should seek legal representation from an experienced California Residential Care Facility for the Elderly 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 Residential Care Facilities for the Elderly. 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 Residential Care Facility for the Elderly Licensee facing a California Department of Social Services investigation, contact a California Department of Social Services License Defense Attorney for representation.
California RCFE License Accusation Defense Attorney
A formal Accusation served on a California Residential Care Facility for the Elderly Licensee serves as notice to an Residential Care Facility for the Elderly that the Department intends to revoke the Residential Care Facilities for the Elderly’ License. The Residential Care Facility for the Elderly, 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 Residential Care Facility for the Elderly. A Default will result in the immediate Revocation of the Residential Care Facilities for the Elderly License.
An Accusation is a serious matter that can result in the suspension or revocation of an Residential Care Facility for the Elderly License in California. In many cases, it is possible for Residential Care Facilities for the Elderly 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). Residential Care Facilities for the Elderly facing a California Department of Social Services Accusation should contact an experienced California Residential Care Facility for the Elderly License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Residential Care Facilities for the Elderly include:
- Conduct Inimical
- Elder Abuse
- Failure to Provide Care and Supervision
- Failure to Provide Adequate Medical Care
- Health & Safety Code Violations
|
- Improper Staff to Client Ratio
- Improper Storage of Toxic Substances
- Lack of Disaster Plan
- Lack of Food
- Lack of Supervision
|
- Municipal Code Violations
- Negligence
- Overcapacity
- Physical Abuse
- Verbal Abuse
- Violation of Personal Rights
|
California Residential Care Facility for the Elderly 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 an Residential Care Facility for the Elderly 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 Residential Care Facility for the Elderly 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 Residential Care Facilities for the Elderly facing a California Department of Social Services Administrative Law Hearing need effective representation from a California Residential Care Facility for the Elderly License Defense Lawyer.
California RCFE License and Criminal Convictions
The California Department of Social Services can discipline Residential Care Facility for the Elderly 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 an Residential Care Facility for the Elderly owner, corporate officer or staff member. Common criminal offenses that can cause Residential Care Facility for the Elderly License discipline are:
- Altering or Forging a Prescription
- Assault With a Deadly Weapon
- Battery
- Brandishing a Firearm
- Burglary
- Carrying a Concealed Weapon
- Child Abuse
- Child Endangerment
- Diverting a Controlled Substance
- Domestic Violence
|
- DUI
- Elder Abuse
- False Imprisonment
- Forgery
- Fraud
- Hit & Run
- Identity Theft
- Insurance Fraud
- Medicare Fraud
- Mortgage Fraud
- Possession for Sale of a Controlled Substance
|
- Possession of a Controlled Substance
- Public Intoxication
- Real Estate Fraud
- Robbery
- Sex Offenses
- Theft
- Trespass
- Vandalism
- Vehicular Manslaughter
|
The California Department of Social Services and other law enforcement agencies also investigate criminal conduct by Residential Care Facility for the Elderly staff members in the course and scope of their trade. Criminal investigations often involve Residential Care Facility for the Elderly staff members engaged in Elder Abuse and Theft. In serious criminal cases against Residential Care Facility for the Elderly 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 Residential Care Facilities for the Elderly’ staff members. A California Penal Code § 23 Order seeks to suspend an Residential Care Facility for the Elderly License and bar staff members from facilities in Criminal Court.
Residential Care Facility for the Elderly owners, corporate officers, and staff members facing criminal charges and Residential Care Facilities for the Elderly who are convicted of criminal offenses need an experienced California Residential Care Facility for the Elderly License Defense Attorney for representation in disciplinary proceedings before the California Department of Social Services.
California Residential Care Facility for the Elderly License Statement of Issues Attorney
The California Department of Social Services thoroughly investigates all applicants for Residential Care Facility for the Elderly Licenses. The California Department of Social Services may deny a California Residential Care Facility for the Elderly License for a variety of reasons. Most California Residential Care Facility for the Elderly License denials occur due to criminal convictions, financial problems or misstatements on the Residential Care Facility for the Elderly 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 an Residential Care Facility for the Elderly License should contact a California Residential Care Facility for the Elderly License Denial Lawyer for representation in a California Department of Social Services Statement of Issues Hearing.
California RCFE License Petition for Reinstatement Lawyer
A Petition for Reinstatement allows Residential Care Facilities for the Elderly who have received an Residential Care Facility for the Elderly 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 Residential Care Facility for the Elderly License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Department of Social Services. A successful Residential Care Facility for the Elderly License Petition for Reinstatement requires representation by an experienced California Residential Care Facility for the Elderly License Defense Attorney.