State Codes and Statutes

Statutes > California > Hsc > 1596.89-1596.895

HEALTH AND SAFETY CODE
SECTION 1596.89-1596.895



1596.89.  The director may bring an action to enjoin the violation
or threatened violation of Section 1596.80 or 1596.805 in the
superior court in and for the county in which the violation occurred
or is about to occur. Any proceeding under this section shall conform
to the requirements of Chapter 3 (commencing with Section 525) of
Title 7 of Part 2 of the Code of Civil Procedure, except that the
director shall not be required to allege facts necessary to show or
tending to show lack of adequate remedy at law or irreparable damage
or loss. Upon a finding by the director that the violation threatens
the health or safety of any child in, or served by, a child day care
facility, the department or agency contracted with may bring an
action to enjoin the violation, threatened violation, or continued
violation by any child day care facility which is located in an area
for which it is responsible pursuant to the terms of the contract.
   With respect to any and all actions brought pursuant to this
section alleging actual violation of Section 1596.80 or 1596.805, the
court shall, if it finds such allegations to be true, issue its
order enjoining the child day care facility from continuance of the
violation.
   This section applies to family day care homes when the provider
has failed to comply with Section 1596.80 or 1596.805 within 30 days
of notice by the director of noncompliance, or at any time when a
threat to the health and safety of children exists.



1596.890.  (a) Any person who willfully or repeatedly violates any
provision of this chapter, or any rule or regulation promulgated
under this chapter is guilty of a misdemeanor. Upon conviction
thereof, such a person shall be punished by a fine not to exceed one
thousand dollars ($1,000) or by imprisonment in the county jail for a
period not to exceed 180 days, or by both the fine and imprisonment.
The operation of a child day care facility without a license issued
pursuant to this chapter shall make the owner or operator, or both,
subject to a summons to appear in court.
   (b) Notwithstanding subdivision (a) or any other provision of law,
the sole sanction for failure of a resources and referral agency or
an alternative payment program to comply with paragraph (2) of
subdivision (a) of Section 1596.859 shall be set forth in the
"Funding Terms and Conditions" agreement between the affected agency
or program and the State Department of Education.




1596.891.  (a) A person who violates Section 1596.80 may be liable
for an immediate assessment of civil penalties in the amount of two
hundred dollars ($200) per day.
   (b) The penalty specified in subdivision (a) shall be imposed if
the operator of an unlicensed facility refuses to seek licensure or
the operator seeks licensure and is denied but continues to operate,
unless other remedies available to the department, including criminal
prosecution, are deemed more effective by the department.
   (c) The operator may appeal the assessment to the director. The
department shall adopt regulations setting forth the appeals
procedure.
   (d) The operator shall be exempt from the civil penalty specified
in subdivision (a) if a lack of liability insurance is the sole
reason for nonlicensure and the reason for operating without
liability insurance is not due to any fault on the part of the
operator.



1596.8915.  Any person who, without lawful authorization from a duly
authorized officer, employee, or agent of the department, informs an
owner, operator, employee, or agent of a child day care facility of
an impending and unannounced site visit to that facility by personnel
of the department, is guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine not to exceed one thousand
dollars ($1,000), by imprisonment in the county jail for a period not
to exceed 180 days, or by both a fine and imprisonment.



1596.892.  The civil, criminal, and administrative remedies
available to the department pursuant to this article are not
exclusive, and may be sought and employed in any combination deemed
advisable by the department to enforce the provisions of this
chapter.



1596.893a.  (a) When the licensing agency has reason to believe that
an unlicensed day care facility is operating or that a day care
facility is in violation of the California Child Day Care Facilities
Act or of the rules and regulations promulgated under the California
Child Day Care Facilities Act, the agency may issue a citation to the
facility. Each citation shall be in writing and shall describe with
particularity the nature of the violation and the action proposed by
the licensing agency. If the citation has been developed pursuant to
an evaluator visit, the citation shall include the plan developed by
the operator and evaluator to correct each deficiency. The citation
shall be served upon the facility operator personally or through
registered mail.
   (b) The licensing agency shall give due consideration to the
appropriateness of the penalty to the alleged violation, considering
each of the following factors:
   (1) The gravity of the violation.
   (2) The history of previous violations.
   (3) The possibility of a threat to the health or safety of any
child in the facility.
   (4) The number of children affected by the violation.
   (5) The availability of equipment or personnel necessary to
correct the violation, if appropriate.
   (c) If the facility desires to contest a citation or the proposed
assessment of a civil penalty, the facility shall, within 10 business
days after service of the citation, notify the licensing agency in
writing of a request for an informal conference. The licensing agency
shall hold, within 30 days from the receipt of the request, an
informal conference. At the conclusion of the conference, the
licensing agency may affirm, modify, or dismiss the citation or
proposed penalty. The agency shall state in writing the reasons for
any action taken in the informal conference.
   (d) If the penalty contained in the citation is affirmed in the
informal conference, the licensing agency shall pursue enforcement of
the penalty, and the facility may pursue any appeal mechanisms
otherwise contained in law.
   (e) The department shall implement this section during periods
that Section 1596.893b is not being implemented in accordance with
Section 18285.5 of the Welfare and Institutions Code.




1596.893b.  (a) When the licensing agency has reason to believe that
an unlicensed day care facility is operating or that a day care
facility is in violation of the California Child Day Care Facilities
Act or of the rules and regulations promulgated under the California
Child Day Care Facilities Act, the agency may issue a citation to, or
impose penalties on, the facility. Each citation shall be in writing
and shall describe with particularity the nature of the violation
and the action proposed by the licensing agency. If the citation has
been developed pursuant to an evaluator visit, the citation shall
include the plan developed by the operator and evaluator to correct
each deficiency. The citation shall be served upon the facility
operator personally or through registered mail. Citations and
penalties of licensed child care facilities shall be applied for the
sole purpose of ensuring compliance with established statutes or
regulations. The department shall distinguish between all of the
following:
   (1) Violations that present an immediate risk to the health,
safety, or personal rights of the children in care.
   (2) Violations that have the potential of becoming an immediate
risk to the health, safety, or personal rights of the children in
care.
   (3) Violations that do not present an immediate or potential risk
to the health, safety, or personal rights of the children in care.
   (b) Civil penalties shall be imposed in accordance with Sections
1596.99 and 1597.62 only after the day care licensee fails to correct
the violation in the time period specified in the plan developed
pursuant to Section 1596.98 or 1597.56 and the evaluator makes a
finding that the violation presents risks identified in paragraph (1)
or (2) of subdivision (a). Civil penalties shall begin to accrue on
the day the evaluator revisits the site and verifies that the
violation was not corrected, even if the evaluator's visit is after
the time period specified in the plan.
   (c) The department shall adopt regulations establishing procedures
for the imposition of citations or civil penalties under this
section.
   (d) The department shall implement this section only to the extent
funds are available in accordance with Section 18285.5 of the
Welfare and Institutions Code.



1596.894.  Any action brought by the department against an
unlicensed child day care facility shall not abate by reason of sale
or other transfer of ownership of the child day care facility which
is a party to the action except with the written consent of the
licensing agency.



1596.895.  (a) The department shall notify resource and referral
agencies funded pursuant to Section 8210 of the Education Code of any
priority one violation or any allegation of a priority one violation
affecting the health and safety of children that is within the
geographic area served by the agency. Resource and referral agencies
shall use this information when deciding whether to make a referral
to the licensee and shall maintain the confidentiality of information
provided to them pursuant to this section.
   (b) The Child Care Regulation Section shall notify these resource
and referral agencies of the department's actions regarding these
allegations of priority one violations within 30 days. The Child Care
Regulation Section shall notify these resource and referral agencies
of the department's actions regarding these allegations of priority
one violations within 10 days after the allegations have been
substantiated by the department.
   (c) "Priority one violation" is defined to include sexual assault,
physical abuse, ritualistic abuse, or suspicious deaths, if any of
the following apply:
   (1) The victim is a child in care and the suspect is the facility
operator, the licensee, an employee of the facility, or is yet to be
identified as any of the individuals specified in this paragraph.
   (2) The facility is operating and the suspect has access to the
victim or potential victim.
   (3) The complaint is against an unlicensed facility and either a
temporary suspension order is in effect or the license has been
revoked.
   (d) "Allegation of a priority one violation" is defined to include
any complaints of priority one violations pursuant to subdivision
(c).
   (e) The department shall implement this section only to the extent
funds are available in accordance with Section 18285.5 of the
Welfare and Institutions Code.


State Codes and Statutes

Statutes > California > Hsc > 1596.89-1596.895

HEALTH AND SAFETY CODE
SECTION 1596.89-1596.895



1596.89.  The director may bring an action to enjoin the violation
or threatened violation of Section 1596.80 or 1596.805 in the
superior court in and for the county in which the violation occurred
or is about to occur. Any proceeding under this section shall conform
to the requirements of Chapter 3 (commencing with Section 525) of
Title 7 of Part 2 of the Code of Civil Procedure, except that the
director shall not be required to allege facts necessary to show or
tending to show lack of adequate remedy at law or irreparable damage
or loss. Upon a finding by the director that the violation threatens
the health or safety of any child in, or served by, a child day care
facility, the department or agency contracted with may bring an
action to enjoin the violation, threatened violation, or continued
violation by any child day care facility which is located in an area
for which it is responsible pursuant to the terms of the contract.
   With respect to any and all actions brought pursuant to this
section alleging actual violation of Section 1596.80 or 1596.805, the
court shall, if it finds such allegations to be true, issue its
order enjoining the child day care facility from continuance of the
violation.
   This section applies to family day care homes when the provider
has failed to comply with Section 1596.80 or 1596.805 within 30 days
of notice by the director of noncompliance, or at any time when a
threat to the health and safety of children exists.



1596.890.  (a) Any person who willfully or repeatedly violates any
provision of this chapter, or any rule or regulation promulgated
under this chapter is guilty of a misdemeanor. Upon conviction
thereof, such a person shall be punished by a fine not to exceed one
thousand dollars ($1,000) or by imprisonment in the county jail for a
period not to exceed 180 days, or by both the fine and imprisonment.
The operation of a child day care facility without a license issued
pursuant to this chapter shall make the owner or operator, or both,
subject to a summons to appear in court.
   (b) Notwithstanding subdivision (a) or any other provision of law,
the sole sanction for failure of a resources and referral agency or
an alternative payment program to comply with paragraph (2) of
subdivision (a) of Section 1596.859 shall be set forth in the
"Funding Terms and Conditions" agreement between the affected agency
or program and the State Department of Education.




1596.891.  (a) A person who violates Section 1596.80 may be liable
for an immediate assessment of civil penalties in the amount of two
hundred dollars ($200) per day.
   (b) The penalty specified in subdivision (a) shall be imposed if
the operator of an unlicensed facility refuses to seek licensure or
the operator seeks licensure and is denied but continues to operate,
unless other remedies available to the department, including criminal
prosecution, are deemed more effective by the department.
   (c) The operator may appeal the assessment to the director. The
department shall adopt regulations setting forth the appeals
procedure.
   (d) The operator shall be exempt from the civil penalty specified
in subdivision (a) if a lack of liability insurance is the sole
reason for nonlicensure and the reason for operating without
liability insurance is not due to any fault on the part of the
operator.



1596.8915.  Any person who, without lawful authorization from a duly
authorized officer, employee, or agent of the department, informs an
owner, operator, employee, or agent of a child day care facility of
an impending and unannounced site visit to that facility by personnel
of the department, is guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine not to exceed one thousand
dollars ($1,000), by imprisonment in the county jail for a period not
to exceed 180 days, or by both a fine and imprisonment.



1596.892.  The civil, criminal, and administrative remedies
available to the department pursuant to this article are not
exclusive, and may be sought and employed in any combination deemed
advisable by the department to enforce the provisions of this
chapter.



1596.893a.  (a) When the licensing agency has reason to believe that
an unlicensed day care facility is operating or that a day care
facility is in violation of the California Child Day Care Facilities
Act or of the rules and regulations promulgated under the California
Child Day Care Facilities Act, the agency may issue a citation to the
facility. Each citation shall be in writing and shall describe with
particularity the nature of the violation and the action proposed by
the licensing agency. If the citation has been developed pursuant to
an evaluator visit, the citation shall include the plan developed by
the operator and evaluator to correct each deficiency. The citation
shall be served upon the facility operator personally or through
registered mail.
   (b) The licensing agency shall give due consideration to the
appropriateness of the penalty to the alleged violation, considering
each of the following factors:
   (1) The gravity of the violation.
   (2) The history of previous violations.
   (3) The possibility of a threat to the health or safety of any
child in the facility.
   (4) The number of children affected by the violation.
   (5) The availability of equipment or personnel necessary to
correct the violation, if appropriate.
   (c) If the facility desires to contest a citation or the proposed
assessment of a civil penalty, the facility shall, within 10 business
days after service of the citation, notify the licensing agency in
writing of a request for an informal conference. The licensing agency
shall hold, within 30 days from the receipt of the request, an
informal conference. At the conclusion of the conference, the
licensing agency may affirm, modify, or dismiss the citation or
proposed penalty. The agency shall state in writing the reasons for
any action taken in the informal conference.
   (d) If the penalty contained in the citation is affirmed in the
informal conference, the licensing agency shall pursue enforcement of
the penalty, and the facility may pursue any appeal mechanisms
otherwise contained in law.
   (e) The department shall implement this section during periods
that Section 1596.893b is not being implemented in accordance with
Section 18285.5 of the Welfare and Institutions Code.




1596.893b.  (a) When the licensing agency has reason to believe that
an unlicensed day care facility is operating or that a day care
facility is in violation of the California Child Day Care Facilities
Act or of the rules and regulations promulgated under the California
Child Day Care Facilities Act, the agency may issue a citation to, or
impose penalties on, the facility. Each citation shall be in writing
and shall describe with particularity the nature of the violation
and the action proposed by the licensing agency. If the citation has
been developed pursuant to an evaluator visit, the citation shall
include the plan developed by the operator and evaluator to correct
each deficiency. The citation shall be served upon the facility
operator personally or through registered mail. Citations and
penalties of licensed child care facilities shall be applied for the
sole purpose of ensuring compliance with established statutes or
regulations. The department shall distinguish between all of the
following:
   (1) Violations that present an immediate risk to the health,
safety, or personal rights of the children in care.
   (2) Violations that have the potential of becoming an immediate
risk to the health, safety, or personal rights of the children in
care.
   (3) Violations that do not present an immediate or potential risk
to the health, safety, or personal rights of the children in care.
   (b) Civil penalties shall be imposed in accordance with Sections
1596.99 and 1597.62 only after the day care licensee fails to correct
the violation in the time period specified in the plan developed
pursuant to Section 1596.98 or 1597.56 and the evaluator makes a
finding that the violation presents risks identified in paragraph (1)
or (2) of subdivision (a). Civil penalties shall begin to accrue on
the day the evaluator revisits the site and verifies that the
violation was not corrected, even if the evaluator's visit is after
the time period specified in the plan.
   (c) The department shall adopt regulations establishing procedures
for the imposition of citations or civil penalties under this
section.
   (d) The department shall implement this section only to the extent
funds are available in accordance with Section 18285.5 of the
Welfare and Institutions Code.



1596.894.  Any action brought by the department against an
unlicensed child day care facility shall not abate by reason of sale
or other transfer of ownership of the child day care facility which
is a party to the action except with the written consent of the
licensing agency.



1596.895.  (a) The department shall notify resource and referral
agencies funded pursuant to Section 8210 of the Education Code of any
priority one violation or any allegation of a priority one violation
affecting the health and safety of children that is within the
geographic area served by the agency. Resource and referral agencies
shall use this information when deciding whether to make a referral
to the licensee and shall maintain the confidentiality of information
provided to them pursuant to this section.
   (b) The Child Care Regulation Section shall notify these resource
and referral agencies of the department's actions regarding these
allegations of priority one violations within 30 days. The Child Care
Regulation Section shall notify these resource and referral agencies
of the department's actions regarding these allegations of priority
one violations within 10 days after the allegations have been
substantiated by the department.
   (c) "Priority one violation" is defined to include sexual assault,
physical abuse, ritualistic abuse, or suspicious deaths, if any of
the following apply:
   (1) The victim is a child in care and the suspect is the facility
operator, the licensee, an employee of the facility, or is yet to be
identified as any of the individuals specified in this paragraph.
   (2) The facility is operating and the suspect has access to the
victim or potential victim.
   (3) The complaint is against an unlicensed facility and either a
temporary suspension order is in effect or the license has been
revoked.
   (d) "Allegation of a priority one violation" is defined to include
any complaints of priority one violations pursuant to subdivision
(c).
   (e) The department shall implement this section only to the extent
funds are available in accordance with Section 18285.5 of the
Welfare and Institutions Code.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Hsc > 1596.89-1596.895

HEALTH AND SAFETY CODE
SECTION 1596.89-1596.895



1596.89.  The director may bring an action to enjoin the violation
or threatened violation of Section 1596.80 or 1596.805 in the
superior court in and for the county in which the violation occurred
or is about to occur. Any proceeding under this section shall conform
to the requirements of Chapter 3 (commencing with Section 525) of
Title 7 of Part 2 of the Code of Civil Procedure, except that the
director shall not be required to allege facts necessary to show or
tending to show lack of adequate remedy at law or irreparable damage
or loss. Upon a finding by the director that the violation threatens
the health or safety of any child in, or served by, a child day care
facility, the department or agency contracted with may bring an
action to enjoin the violation, threatened violation, or continued
violation by any child day care facility which is located in an area
for which it is responsible pursuant to the terms of the contract.
   With respect to any and all actions brought pursuant to this
section alleging actual violation of Section 1596.80 or 1596.805, the
court shall, if it finds such allegations to be true, issue its
order enjoining the child day care facility from continuance of the
violation.
   This section applies to family day care homes when the provider
has failed to comply with Section 1596.80 or 1596.805 within 30 days
of notice by the director of noncompliance, or at any time when a
threat to the health and safety of children exists.



1596.890.  (a) Any person who willfully or repeatedly violates any
provision of this chapter, or any rule or regulation promulgated
under this chapter is guilty of a misdemeanor. Upon conviction
thereof, such a person shall be punished by a fine not to exceed one
thousand dollars ($1,000) or by imprisonment in the county jail for a
period not to exceed 180 days, or by both the fine and imprisonment.
The operation of a child day care facility without a license issued
pursuant to this chapter shall make the owner or operator, or both,
subject to a summons to appear in court.
   (b) Notwithstanding subdivision (a) or any other provision of law,
the sole sanction for failure of a resources and referral agency or
an alternative payment program to comply with paragraph (2) of
subdivision (a) of Section 1596.859 shall be set forth in the
"Funding Terms and Conditions" agreement between the affected agency
or program and the State Department of Education.




1596.891.  (a) A person who violates Section 1596.80 may be liable
for an immediate assessment of civil penalties in the amount of two
hundred dollars ($200) per day.
   (b) The penalty specified in subdivision (a) shall be imposed if
the operator of an unlicensed facility refuses to seek licensure or
the operator seeks licensure and is denied but continues to operate,
unless other remedies available to the department, including criminal
prosecution, are deemed more effective by the department.
   (c) The operator may appeal the assessment to the director. The
department shall adopt regulations setting forth the appeals
procedure.
   (d) The operator shall be exempt from the civil penalty specified
in subdivision (a) if a lack of liability insurance is the sole
reason for nonlicensure and the reason for operating without
liability insurance is not due to any fault on the part of the
operator.



1596.8915.  Any person who, without lawful authorization from a duly
authorized officer, employee, or agent of the department, informs an
owner, operator, employee, or agent of a child day care facility of
an impending and unannounced site visit to that facility by personnel
of the department, is guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine not to exceed one thousand
dollars ($1,000), by imprisonment in the county jail for a period not
to exceed 180 days, or by both a fine and imprisonment.



1596.892.  The civil, criminal, and administrative remedies
available to the department pursuant to this article are not
exclusive, and may be sought and employed in any combination deemed
advisable by the department to enforce the provisions of this
chapter.



1596.893a.  (a) When the licensing agency has reason to believe that
an unlicensed day care facility is operating or that a day care
facility is in violation of the California Child Day Care Facilities
Act or of the rules and regulations promulgated under the California
Child Day Care Facilities Act, the agency may issue a citation to the
facility. Each citation shall be in writing and shall describe with
particularity the nature of the violation and the action proposed by
the licensing agency. If the citation has been developed pursuant to
an evaluator visit, the citation shall include the plan developed by
the operator and evaluator to correct each deficiency. The citation
shall be served upon the facility operator personally or through
registered mail.
   (b) The licensing agency shall give due consideration to the
appropriateness of the penalty to the alleged violation, considering
each of the following factors:
   (1) The gravity of the violation.
   (2) The history of previous violations.
   (3) The possibility of a threat to the health or safety of any
child in the facility.
   (4) The number of children affected by the violation.
   (5) The availability of equipment or personnel necessary to
correct the violation, if appropriate.
   (c) If the facility desires to contest a citation or the proposed
assessment of a civil penalty, the facility shall, within 10 business
days after service of the citation, notify the licensing agency in
writing of a request for an informal conference. The licensing agency
shall hold, within 30 days from the receipt of the request, an
informal conference. At the conclusion of the conference, the
licensing agency may affirm, modify, or dismiss the citation or
proposed penalty. The agency shall state in writing the reasons for
any action taken in the informal conference.
   (d) If the penalty contained in the citation is affirmed in the
informal conference, the licensing agency shall pursue enforcement of
the penalty, and the facility may pursue any appeal mechanisms
otherwise contained in law.
   (e) The department shall implement this section during periods
that Section 1596.893b is not being implemented in accordance with
Section 18285.5 of the Welfare and Institutions Code.




1596.893b.  (a) When the licensing agency has reason to believe that
an unlicensed day care facility is operating or that a day care
facility is in violation of the California Child Day Care Facilities
Act or of the rules and regulations promulgated under the California
Child Day Care Facilities Act, the agency may issue a citation to, or
impose penalties on, the facility. Each citation shall be in writing
and shall describe with particularity the nature of the violation
and the action proposed by the licensing agency. If the citation has
been developed pursuant to an evaluator visit, the citation shall
include the plan developed by the operator and evaluator to correct
each deficiency. The citation shall be served upon the facility
operator personally or through registered mail. Citations and
penalties of licensed child care facilities shall be applied for the
sole purpose of ensuring compliance with established statutes or
regulations. The department shall distinguish between all of the
following:
   (1) Violations that present an immediate risk to the health,
safety, or personal rights of the children in care.
   (2) Violations that have the potential of becoming an immediate
risk to the health, safety, or personal rights of the children in
care.
   (3) Violations that do not present an immediate or potential risk
to the health, safety, or personal rights of the children in care.
   (b) Civil penalties shall be imposed in accordance with Sections
1596.99 and 1597.62 only after the day care licensee fails to correct
the violation in the time period specified in the plan developed
pursuant to Section 1596.98 or 1597.56 and the evaluator makes a
finding that the violation presents risks identified in paragraph (1)
or (2) of subdivision (a). Civil penalties shall begin to accrue on
the day the evaluator revisits the site and verifies that the
violation was not corrected, even if the evaluator's visit is after
the time period specified in the plan.
   (c) The department shall adopt regulations establishing procedures
for the imposition of citations or civil penalties under this
section.
   (d) The department shall implement this section only to the extent
funds are available in accordance with Section 18285.5 of the
Welfare and Institutions Code.



1596.894.  Any action brought by the department against an
unlicensed child day care facility shall not abate by reason of sale
or other transfer of ownership of the child day care facility which
is a party to the action except with the written consent of the
licensing agency.



1596.895.  (a) The department shall notify resource and referral
agencies funded pursuant to Section 8210 of the Education Code of any
priority one violation or any allegation of a priority one violation
affecting the health and safety of children that is within the
geographic area served by the agency. Resource and referral agencies
shall use this information when deciding whether to make a referral
to the licensee and shall maintain the confidentiality of information
provided to them pursuant to this section.
   (b) The Child Care Regulation Section shall notify these resource
and referral agencies of the department's actions regarding these
allegations of priority one violations within 30 days. The Child Care
Regulation Section shall notify these resource and referral agencies
of the department's actions regarding these allegations of priority
one violations within 10 days after the allegations have been
substantiated by the department.
   (c) "Priority one violation" is defined to include sexual assault,
physical abuse, ritualistic abuse, or suspicious deaths, if any of
the following apply:
   (1) The victim is a child in care and the suspect is the facility
operator, the licensee, an employee of the facility, or is yet to be
identified as any of the individuals specified in this paragraph.
   (2) The facility is operating and the suspect has access to the
victim or potential victim.
   (3) The complaint is against an unlicensed facility and either a
temporary suspension order is in effect or the license has been
revoked.
   (d) "Allegation of a priority one violation" is defined to include
any complaints of priority one violations pursuant to subdivision
(c).
   (e) The department shall implement this section only to the extent
funds are available in accordance with Section 18285.5 of the
Welfare and Institutions Code.