Large and small family child care homes deliver a valuable service to society. However, practices borne out of business necessity are often in conflict with Title 22 regulations. As a result, some well-meaning family child care home licensees fall victim to license revocation actions by the Department of Social Services. If the Department of Social Services is attempting to revoke your license, call attorney Michael Benavides at (916) 596-1018 for a free consultation.
Your situation probably arose by a single event or series of citations. Some excellent family child care homes experience a single critical event that places them on Community Care Licensing’s “short list” of “problem” facilities resulting in further inspections. Other family child care homes commit technical licensing violations resulting in a series of citations. Either way, these family child care homes may find themselves faced with a Non-compliance conference. During the Non-compliance conference C.C.L.D. officials will review the record of citations and outstanding issues. If the licensee cannot adequately address these issues during the Non-compliance conference C.C.L.D. may refer the case to the Legal Division with a recommendation that the family child care home license be revoked.
The Legal Division of the Department of Social Services may not pursue revocation of the license, but frequently do based on the evidence complied by Community Care Licensing. If the Department does pursue an Administrative Action to revoke the family child care home license they will serve you with an Accusation. The Accusation will be served by U.S. mail or in person and will look like a court document. Upon receipt of the Accusation you will have a limited amount of time to file a Notice of Defense to preserve your right to an Administrative Hearing. If you do not timely file a Notice of Defense the Department will adopt an order revoking your license, effectively closing your family child care home. In short, upon receipt of the Accusation you must timely file a Notice of Defense to avoid the imminent closure of your facility.
Upon receipt of an Accusation many family child care home licensees make the decision to hire an attorney. A license defense attorney with experience defending family child care homes can file the Notice of Defense, prepare your case hearing, and negotiate with the Legal Division in an effort to reach a settlement. Not all cases are able to settle before hearing, but those who can are able to avoid a hearing and continued operations under a probationary license.
To receive a free phone consultation with attorney Michael Benavides call (916) 596-1018.