Sacramento Law Group

Family Child Care Home License Defense

California Family Child Care Homes are heavily regulated by Community Care Licensing and the Department of Social Services.  In light of the number of regulations some Family Child Care Home licensees make mistakes resulting in citations.  As citations accrue so to do licensing inspections, and with more inspections come additional citations.  Accordingly, some licensees are caught up in the licensing snowball of violations and citations, and thereby fall victim to a license revocation action.  Once served with an Accusation seeking revocation of the license to operate a Family Child Care Home the licensee is at a disadvantage.  The Department of Social Services will be represented by an attorney and has the LPA and other C.C.L. officials at their disposal.  In contrast, the licensee has only their own limited resources to defend their license in an administrative proceeding they know very little about. Fortunately, licensees are entitled to hire an attorney to represent them in license revocation proceedings.  While an attorney will not be provided free of charge, the licensee is entitled to retain their own legal representation.

To receive a free consultation with our license revocation attorney call our office at (916) 596-1018.

The Complex World of License Defense

Defending your license to operate a Family Child Care Home involves some unique terminology and procedures.  While a full evaluation of Family Child Care Home license defense is outside the scope of this overview, a brief explanation of some terminology is warranted.

An Accusation has the appearance of a court document and can be served personally or by mail.  Technically an Accusation is a formal written statement of the Health and Safety Code and Title 22 violations upon which the Department is attempting to revoke your license.  A Temporary Suspension Order may also be served with an Accusation.  A temporary suspension order temporarily suspends a license prior to hearing.  For licensees the major impact of a temporary suspension order will be closure of the Family Child Care Home, enhanced difficulty reaching a stipulated settlement prior to hearing, and an imminent hearing date.

Once an Accusation is received the licensee has a limited period of time to file a Notice of Defense to request an administrative hearing.  If a Notice of Defense is not timely filed the licensee will default and the Department of Social Services will issue a Decision and Order revoking the license.

What You Should Do Now

If you have received an Accusation seeking revocation of your license to operate a Family Child Care Home you need to act quickly.  You have a limited amount of time to file a Notice of Defense and prepare your case for hearing.  Moreover, the period of time before hearing is critical for negotiating a stipulate settlement with the Department of Social Services.  Accordingly, you should retain legal representation as soon as possible.  The sooner you retain a license defense attorney the more time the attorney has to negotiate with the Department of Social Services to avoid a hearing.

If you need to protect your license to operate a Family Child Care Home call Sacramento Law Group at (916) 596-1018.

Disclaimer

We are a debt relief agency. We help people file for bankruptcy relief under the U.S. Bankruptcy Code. The information contained in this website is for informational purposes only and is not legal advice. Furthermore, the information contained in this website is not guaranteed to be up to date, accurate, or complete. An attorney-client relationship can only be established by signing a representation agreement.
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