# Plan of Correction Hosted by: CDSS Community Care Licensing (https://www.cdss.ca.gov/inforesources/child-care-licensing) Presented by: CDSS Technical Support Program Date: 2023-12 ยท Length: 23:11 Web page: https://childcare.support/t/cdss-plan-of-correction/ NOTE: Presented December 2023. Rules and deadlines may have changed since; check Rules & laws for the current version. ## What it is A licensing technical support webinar on plans of correction: writing one, due dates and extensions, proving the fix, and appeals. ## 3 things to know - After a deficiency citation you must write a plan of correction, with your LPA's help; it goes in your public file. [presenter said at 00:02:07, not independently confirmed; presenter said at 00:02:26, not independently confirmed; presenter said at 00:04:02, not independently confirmed; presenter said at 00:04:36, not independently confirmed] - A good plan is meaningful, measurable, verifiable and time-sensitive: it fixes the problem and keeps it from coming back. [presenter said at 00:05:07, not independently confirmed; presenter said at 00:05:25, not independently confirmed; presenter said at 00:05:41, not independently confirmed; presenter said at 00:05:51, not independently confirmed] - You are encouraged to keep working on your plan even if you appeal; it stays in effect unless licensing says otherwise in writing. [presenter said at 00:19:59, not independently confirmed; presenter said at 00:20:05, not independently confirmed] ## What to do - Write your plan of correction with your LPA. Make it meaningful, measurable, verifiable and time-sensitive. [presenter said at 00:04:36, not independently confirmed; presenter said at 00:05:07, not independently confirmed; presenter said at 00:05:25, not independently confirmed; presenter said at 00:05:41, not independently confirmed; presenter said at 00:05:51, not independently confirmed] - Submit your proof of correction (invoices, receipts, photos, copies of documents) by the agreed due date. [presenter said at 00:06:01, not independently confirmed; presenter said at 00:16:10, not independently confirmed] - Need more time? Ask the regional office or LPA in writing (mail or email) before the due date, give your reasons, and show the efforts you've made. [presenter said at 00:10:05, not independently confirmed; presenter said at 00:10:19, not independently confirmed; presenter said at 00:10:25, not independently confirmed; presenter said at 00:10:34, not independently confirmed] - Keep the clear deficiency letter for your files once the correction is accepted. [presenter said at 00:18:02, not independently confirmed; presenter said at 00:18:34, not independently confirmed] - If you disagree with a citation, read the appeal rights that come with it and you are encouraged to still complete the plan of correction. [presenter said at 00:19:59, not independently confirmed; presenter said at 00:20:05, not independently confirmed; presenter said at 00:20:19, not independently confirmed] ## Why plans of correction matter - The presenter said plans of correction are a required part of being licensed. [presenter said at 00:02:07, not independently confirmed] - Your plan of correction goes in your facility file, which the public can see. Families looking for care may read how you handled a problem. [presenter said at 00:02:26, not independently confirmed; presenter said at 00:02:45, not independently confirmed] - The session was for all facility types and based on best practices. [presenter said at 00:00:14, not independently confirmed; presenter said at 00:00:48, not independently confirmed; presenter said at 00:01:07, not independently confirmed] - The presenters shared a link to the regulations on plans of correction for each facility type. [presenter said at 00:03:13, not independently confirmed] ## What a plan of correction is and who writes it - A plan of correction is the action a provider must take after being cited for a deficiency; it says how you will fix the problem. [presenter said at 00:04:02, not independently confirmed] - You write the plan with your LPA's support. The LPA doesn't write it alone, except in cases like a background check violation that requires removing an employee. [presenter said at 00:04:36, not independently confirmed; presenter said at 00:04:48, not independently confirmed] ## Four elements of an effective plan - Meaningful: it says what you'll do to fix the problem and stop it happening again. [presenter said at 00:05:07, not independently confirmed] - Measurable: the LPA can see how you'll reach compliance. [presenter said at 00:05:25, not independently confirmed] - Verifiable: the analyst lists how you can submit proof. [presenter said at 00:05:41, not independently confirmed] - Time-sensitive: it has a date for the fix. Submit your evidence by that date. [presenter said at 00:05:51, not independently confirmed; presenter said at 00:06:01, not independently confirmed] - Ask yourself whether the plan can also train your staff, and work with your LPA when a plan is hard to meet. [presenter said at 00:06:42, not independently confirmed; presenter said at 00:07:00, not independently confirmed] ## Example: a broken floor tile - In the example, the administrator fixed a broken kitchen tile during the LPA's visit, planned to replace the floor within two weeks, and would send an invoice or photos by the due date. It fixed the risk right away and added a long-term fix. [presenter said at 00:07:35, not independently confirmed] ## Correction due dates - Best practice is to correct deficiencies as soon as reasonably possible. [presenter said at 00:08:25, not independently confirmed] - The presenter said immediate health and safety risks, or cases with civil penalties, must be corrected immediately or within 24 hours, depending on the risk. [presenter said at 00:08:31, not independently confirmed] - The presenter said due dates are generally between 10 days and 30 calendar days after the notice of deficiency is served. [presenter said at 00:09:02, not independently confirmed] - Type A deficiencies (immediate risk) need immediate action. Type B deficiencies (potential risk) may get more time. [presenter said at 00:09:16, not independently confirmed; presenter said at 00:09:30, not independently confirmed] ## Asking for an extension - Ask in writing, by mail or email, to the regional office or LPA before the due date. The presenter also mentioned 10 working days from receiving the notice. [presenter said at 00:10:05, not independently confirmed] - Include your reasons and show you made every reasonable effort to correct the deficiency. [presenter said at 00:10:19, not independently confirmed; presenter said at 00:10:25, not independently confirmed] - Extensions are up to the Licensing Program Manager, and sometimes one can't be granted. [presenter said at 00:10:34, not independently confirmed; presenter said at 00:10:52, not independently confirmed] - For a Type A deficiency, licensing first checks that the immediate risk is gone. For Type B, the presenter said up to 30 more days may be approved if you show the fix is under way. [presenter said at 00:12:45, not independently confirmed; presenter said at 00:12:58, not independently confirmed] ## If you miss a due date - A missed due date can go on your facility record. Licensing may visit to discuss it, cite you again if it's still not fixed, and assess civil penalties. [presenter said at 00:11:51, not independently confirmed; presenter said at 00:11:54, not independently confirmed; presenter said at 00:12:00, not independently confirmed; presenter said at 00:12:08, not independently confirmed] ## Proof of correction - Proof of correction is the agreed-upon evidence the LPA will accept to verify the deficiency was fixed. [presenter said at 00:13:54, not independently confirmed] - It can be checked by a facility visit, an office meeting, evidence sent by mail, delivery or email, or evidence dropped off in person. Your compliance history helps decide which. [presenter said at 00:14:31, not independently confirmed; presenter said at 00:15:09, not independently confirmed] - All proof must be in by the agreed due date. [presenter said at 00:16:10, not independently confirmed] ## Self-certification - In some cases you can certify, under penalty of perjury, that you made the correction, on a proof-of-correction form (heard as LIC 9098 or LIC 998 in the captions; ask your LPA for it). [presenter said at 00:16:22, not independently confirmed; presenter said at 00:16:43, not independently confirmed] - The LPA considers your history of substantial compliance and whether other evidence exists. The form is given at the exit conference only when self-certification is acceptable, and it's decided case by case. [presenter said at 00:16:55, not independently confirmed; presenter said at 00:17:07, not independently confirmed; presenter said at 00:17:21, not independently confirmed] ## Clearing the deficiency - If your plan and proof are satisfactory, you get a clear deficiency letter. If not, licensing asks for more or visits again. [presenter said at 00:18:02, not independently confirmed; presenter said at 00:18:13, not independently confirmed] - All plans of correction must be cleared. [presenter said at 00:18:34, not independently confirmed] - The presenter said a deficiency repeated within a year brings a civil penalty that keeps adding up until it is corrected. [presenter said at 00:19:13, not independently confirmed] ## Plans of correction and appeals - You are encouraged to follow through on your plan of correction even if you appeal; it stays in effect unless licensing tells you otherwise in writing. [presenter said at 00:19:59, not independently confirmed; presenter said at 00:20:05, not independently confirmed] - Your appeal rights, and the deadline to appeal, are explained in the notice you get with the citation; follow that notice. The presenter mentioned 15 business days from the penalty or report assessment (as heard in automatic captions; not confirmed). [presenter said at 00:20:19, not independently confirmed; presenter said at 00:20:29, not independently confirmed] - If the appeal goes your way, you'll be notified and the action closed. [presenter said at 00:20:38, not independently confirmed] ## Questions and contacts - Child care providers can email the Child Care Technical Support Program, or contact their regional office or LPA. [presenter said at 00:22:08, not independently confirmed; presenter said at 00:22:51, not independently confirmed] ## Sources - Official recording (YouTube): https://youtu.be/4y84PodIIyE Independent notes, not an official record of any agency, host or presenter. Check official sources before acting.