A temporary suspension order will effectively close a child care center or family child care home on the effective date of the order. The order is served on a facility when Community Care Licensing believes there is a dangerous condition that threatens the health and safety of children in care that warrants immediate closure of the facility. The temporary suspension order will be served along with an Accusation seeking revocation of the license. When a temporary suspension order is served along with an Accusation, any subsequent Administrative Hearing will be scheduled within 30 days of filing a Notice of Defense. As a result, child care center and family child care home licensees served with a temporary suspension order have very little time to hire an attorney and prepare their defense.
License Revocation; Settlement
A straight license revocation case is one involving an Accusation but not a temporary suspension order. In a straight license revocation case the licensee is free to continue operations pending the outcome of the Administrative Hearing. In these cases the licensee may be able to settle with the Department of Social Services and avoid the Administrative Hearing all together. For instance, the licensee may agree to a probationary license for several years. In contrast, cases involving a temporary suspension orders require the licensee to cease operations on the effective date of the order; effectively closing the business pending the outcome of the Administrative Hearing. Moreover, cases involving a temporary suspension order rarely settle before hearing.
Defending Your License
Every child care center and family child care home licensee served with an Accusation from the Department of Social Services must decide whether to fight the revocation. For many licensees the cost of hiring a defense attorney is the deciding factor.
Attorney Adam Garcia charges a flat fee for child care license defense. To learn more about the cost of defending your license call him directly at (916) 596-1018.