Welf. & Inst. Code, § 10398 · Chapter 23. Administrative Review
Welf. & Inst. Code, § 10398
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) A contracting agency that evidences any of the following acts or omissions may have its contract or contracts immediately terminated if there is documented evidence of the acts or omissions, and upon review and recommendation of the general counsel of the department:
(1) Fraud, or conspiracy to defraud.
(2) Misuse or misappropriation of state or federal funds, including a violation of Section 10399.
(3) Embezzlement.
(4) Threats of bodily or other harm to a state official.
(5) Bribery or attempted bribery of a state official.
(6) Unsafe or unhealthy physical environment or facility.
(7) Substantiated abuse or molestation of children.
(8) Failure to report suspected child abuse or molestation.
(9) Theft of supplies, equipment, or food.
(10) Cessation of operations without the permission of the department, or acts or omissions evidencing abandonment of the contract or contracts.
(11) Failure of a program operating pursuant to Chapter 3 (commencing with Section 10225) or Chapter 21 (commencing with Section 10370) to fully reimburse a significant number of approved child care providers, as determined by the department, within 15 calendar days after the date set in the plan for timely payments to child care providers adopted by the contracting agency pursuant to Section 18226 of Title 5 of the California Code of Regulations, unless the failure is attributable to a delay in receiving apportionments from the state.
(12) Failure of a program operating pursuant to this chapter to pay salaries owed to employees, pay federal payroll tax, or fully reimburse a significant number of child care providers, as determined by the department, affiliated with a contracting agency pursuant to Chapter 8 (commencing with Section 10250) for more than 15 days after the employee salaries, federal payroll taxes, or reimbursement payments were due, unless the failure is attributable to a delay in receiving apportionments from the state.
(b) An agency whose contract is immediately terminated pursuant to this section retains appeal rights in accordance with Section 10392.
(c) Notwithstanding any service provision in the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code), a notice of immediate termination shall be served on the contracting agency by personal service or at the last address on file with the department, by overnight mail or certified mail. Service may be proved in the manner authorized in a civil action. Service by mail is complete at the time of deposit.
(d) The department shall advise child care and development contractors of the provisions of this section within 30 working days of the effective date of the act amending this section during the 2013–14 Regular Session of the Legislature.
Notes and commentary — not statutory text
History
Added by Stats. 2021, Ch. 116, Sec. 260. (AB 131) Effective July 23, 2021.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WIC§ionNum=10398.
- Text hash
- sha256 8d31b4f417e817decf92ac14f47ce184c7bf0a5af1a6f0eeb3e532a45ff6f267
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Welfare and Institutions Code
- Welf. & Inst. Code, div. 9, pt. 1.8, ch. 3Alternative Payment ProgramsPrinted as Chapter 3 (commencing with Section 10225)
- Welf. & Inst. Code, div. 9, pt. 1.8, ch. 8Family Child Care Home Education NetworksPrinted as Chapter 8 (commencing with Section 10250)
- Welf. & Inst. Code, div. 9, pt. 1.8, ch. 21Child Care for Recipients of the CalWORKs ProgramPrinted as Chapter 21 (commencing with Section 10370)
- Welf. & Inst. Code, § 10392Printed as Section 10392
- Welf. & Inst. Code, § 10399Printed as Section 10399
Cited by 6 provisions
Provisions in this library whose text cites Welf. & Inst. Code, § 10398. Each shows the citation as that text prints it.
Welfare and Institutions Code
- Welf. & Inst. Code, § 10266Printed as Sections 10398 and 10399
- Welf. & Inst. Code, § 10397Printed as Section 10398 or 10400
- Welf. & Inst. Code, § 10399Printed as Section 10398
- Welf. & Inst. Code, § 10400Printed as Sections 10398 and 10399
- Welf. & Inst. Code, § 10401Printed as Sections 10398 and 10399
- Welf. & Inst. Code, § 10441Printed as Section 10398
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.