California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 4 - Preventive Medical Service › Subchapter 13 - Child Health and Disability Prevention Program › Article 2 - Program Administration › Section 6828 - Sanctions for Noncompliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the
					 Chief of the State Child Health and Disability Prevention Program determines that a
					 reasonable period of technical consultation and assistance has been provided or
					 arranged for by the State Child Health and Disability Prevention Program, and
					 further determines that a community child health and disability prevention program
					 director fails to comply with any state or federal law or regulation governing child
					 health and disability prevention services, or with the approved community plan, the
					 Chief of the State Child Health and Disability Prevention Program shall notify the
					 local governing body in writing of the specific areas of noncompliance. A copy of
					 the notice shall be sent to the community program director, the county welfare
					 department director, and to the local child health and disability prevention program
					 advisory board.
(b) If the local
					 governing body fails to provide substantial evidence to the Chief of the State Child
					 Health and Disability Prevention Program within 30 days that the community program
					 director is complying and shall continue to comply with the laws, regulations and
					 the approved community plan, the Director shall convene a hearing for the community
					 program to show cause why the Director should not take action to secure compliance.
					 The Director shall invite the community child health and disability prevention
					 program's advisory board and other persons or organizations interested in the
					 community's child health and disability prevention program to present comments at
					 such hearing. The Department shall give the community program, concerned individuals
					 and organizations, and the general public at least 15 days notice of such
					 hearing.
(c) The Director shall consider
					 the case on the record established at the hearing and render findings and decision
					 on the issues within 30 days following the hearing. The findings and decision shall
					 be submitted in writing by the Director to the local governing body. A copy of the
					 notice shall be sent to the community program director, the county welfare
					 department director, and to the local child health and disability prevention program
					 advisory board.
(d) If the Director
					 determines that there is a failure on the part of the community child health and
					 disability prevention program to comply with any state or federal law or regulation
					 governing child health and disability prevention services, or the approved community
					 plan, the Department may invoke any of the following sanctions:
(1) Consistent with federal and state law,
					 withhold part or all of state and federal funds from such community until the local
					 governing body provides written documentation of compliance to the
					 Director.
(2) Bring an action in
					 mandamus or such other action in court as may be appropriate to compel
					 compliance.