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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 019200664
Report Date: 12/20/2024
Date Signed: 12/20/2024 06:43:04 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1515 CLAY STREET, STE. 310
OAKLAND, CA 94612
This is an official report of an unannounced visit/investigation of a complaint received in our office on
09/27/2022 and conducted by Evaluator Alicia Delmundo
COMPLAINT CONTROL NUMBER: 15-AS-20220927100258
FACILITY NAME:COLONIAL ACRES RESIDENTIAL CARE HOMEFACILITY NUMBER:
019200664
ADMINISTRATOR:SARAH MAY BALINGITFACILITY TYPE:
740
ADDRESS:18905 STANDISH AVENUETELEPHONE:
(510) 276-0939
CITY:HAYWARDSTATE: CAZIP CODE:
94541
CAPACITY:20CENSUS: 13DATE:
12/20/2024
UNANNOUNCEDTIME BEGAN:
04:10 PM
MET WITH:Mary Eileen Legados/Administrator
and John Ronald Olivarez/Licensee
TIME COMPLETED:
06:50 PM
ALLEGATION(S):
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-Resident (R1) developed stage 4 pressure injury while in care.

-Staff allowed resident (R1) to become severely dehydrated while in care.

-Staff did not seek timely medical attention for resident (R1).

-Staff left resident (R1) soiled in urine for an unreasonable period of time.
INVESTIGATION FINDINGS:
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On this day, 12/20/24, at 4:10 pm, Licensing Program Analyst (LPA) Delmundo arrived unannounced to deliver the findings for the above allegations. LPA met with Mary Eileen Legados, administrator (ADM), and informed the purpose of visit. John Ronald Olivarez, licensee, arrived after about an hour.

During the course of investigation, the Department obtained the following resident’s documents: medical records; LIC601 Identification and Emergency Contact Information; Physician's Report; Admission Agreement; Pre-placement Appraisal; Appraisal; Functional Capability Assessment. The following were also obtained: LIC9020 Register of Facility Clients/Residents; staff schedule. Staff were interviewed on 12/27/22 and 1/12/23 and family members (FM1 and FM2) on 1/06/23 and 1/13/24. Licensee was also interviewed on 12/27/23. Witnesses (W1 and W2) were interviewed on 1/13/24.

.....continued on 9099C (page 2)
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Bennett FongTELEPHONE: (510) 622-2621
LICENSING EVALUATOR NAME: Alicia DelmundoTELEPHONE: (510) 286-4201
LICENSING EVALUATOR SIGNATURE:

DATE: 12/20/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/20/2024
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 1 of 7
Control Number 15-AS-20220927100258
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1515 CLAY STREET, STE. 310
OAKLAND, CA 94612
FACILITY NAME: COLONIAL ACRES RESIDENTIAL CARE HOME
FACILITY NUMBER: 019200664
VISIT DATE: 12/20/2024
NARRATIVE
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Page 2

Allegation: Resident (R1) developed stage 4 pressure injury while in care.

R1 was admitted to the facility on 1/08/22, and the Pre-placement Appraisal did not indicate that R1 had a pressure injury, however, the LIC602A Physician’s Report indicated that R1 had contractures to the upper and lower extremities, required continuous bed care, had fragile skin and needed to be repositioned every 2 to 3 hours.

John Olivarez, licensee, stated that R1 has dementia, was bed bound and fully contractured when admitted to the facility and that R1 was always in fetal position. Licensee stated R1 was admitted to the facility as it was their hope that R1 could get to the point where R1 could sit up on her own. R1’s pressure injury was reported to him by staff which at the time he believes it was stage 1. The pressure injury worsened

Staff (S3) stated she does not believe R1 should be admitted to the facility because S3 felt that R1 needed a higher level of care. R1 has dementia and needed assistance with all activities of daily living, with both feet and hands being contractured, and R1 was difficult to reposition. S3 also stated that the first person to notice the pressure injury was R1’s previous caregiver - when this private caregiver visited R1 and changed R1’s diaper and reported the pressure injury to her. S2 stated having noticed the wound which was approximately the size of a quarter. R1 had home health but S2 was not able to report anything because she never saw them, or she was busy assisting other residents. Between the time R1’s home health was terminated to the time R1 was hospitalized, S2 was cleaning R1’s wound. In September 2022, S2 noticed R1’s wound grown to about the size of a golf ball with soft center and had some pus.

Two out of 3 residents interviewed did not know or remember R1 while the other 1 stated R1 can walk but R1’s documents and staff interviewed stated R1 is bedridden.

Previous administrator (S1) stated R1’s daughter requested ambulance transportation on September 2022 to the hospital per advice nurse and R1’s doctor. Medical records showed R1 was admitted to the hospital on 9/16/22 and diagnosed with stage 4 sacral pressure injury and unstageable pressure injury at right lateral pelvis.

.....continued on 9099C (page 3)

SUPERVISOR'S NAME: Bennett FongTELEPHONE: (510) 622-2621
LICENSING EVALUATOR NAME: Alicia DelmundoTELEPHONE: (510) 286-4201
LICENSING EVALUATOR SIGNATURE:

DATE: 12/20/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/20/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 7
Control Number 15-AS-20220927100258
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1515 CLAY STREET, STE. 310
OAKLAND, CA 94612
FACILITY NAME: COLONIAL ACRES RESIDENTIAL CARE HOME
FACILITY NUMBER: 019200664
VISIT DATE: 12/20/2024
NARRATIVE
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Page 3

FM1 stated when R1 was admitted to the facility, R1’s pressure injury in the sacrum was superficial and eventually healed after home health services for 1 to 2 months. In May 2022, the pressure injury came back and R1 was placed on home health again and was discharged when the wound was not completely healed because the home health nurse felt it was okay to discharge R1 so long as the staff continue to change the dressing and reposition R1. FM1 and FM2 stated that they visited R1 several times a week for 30 minutes to 3 hours and staff did not check R1 unless they asked. FM1 stated she visited R1 on September 2022 on R1’s birthday and R1 was lethargic, unresponsive and barely able to eat. FM1 discussed the pressure injury with R1’s physician and requested for home health service. After 2 days, R1 was visited by a home health nurse and said that the injury was too advanced to treat with home health. FM1 called 9-1-1.

Medical records showed R1 was admitted to the hospital on September 16, 2022 and was diagnosed with stage 4 pressure injury in the sacrum and unstageable pressure at right lateral pelvis.

Based on interviews and records review, the allegation is substantiated.

Allegation: Staff allowed resident to become severely dehydrated while in care.

Staff (S2, S3 and S4) interviewed provided differing information in regard to R1 eating and drinking. S3 stated R1’s eating habits were inconsistent and that at the time of admission, R1 ate well and able to drink Ensure and water. S3 stated R1 ate a little, didn’t drink much, and noticed that R1 was dehydrated. S4 stated R1’s appetite and liquid intake were good, and that R1 was able to drink half a glass of water without issue. W1 and W2 stated that when they visited R1 and requested the staff to assist in transferring to wheelchair so that W1 can feed R1, the staff responded with an assumption that R1 will not eat. W1 stated that on their last visit prior to R1’s hospitalization, R1 appeared dehydrated. R1’s family members FM1 and FM2 stated that during heat wave, the facility has electric fans spread out in the facility blowing hot air around. R1 was sweaty, hot and lethargic. FM2 stated she brought misting fan that blows water to keep R1 cool; however, when FM2 visited R1 the fan was off and R1 was sweaty. The staff blamed each other for turning off the fan. R1 was sent out to the hospital and was diagnosed with hypernatremia and septic shock due to UTI among others.

Based on information obtained, the allegation is substantiated.

........continued on 9099C (page 4)

SUPERVISOR'S NAME: Bennett FongTELEPHONE: (510) 622-2621
LICENSING EVALUATOR NAME: Alicia DelmundoTELEPHONE: (510) 286-4201
LICENSING EVALUATOR SIGNATURE:

DATE: 12/20/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/20/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 7
Control Number 15-AS-20220927100258
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1515 CLAY STREET, STE. 310
OAKLAND, CA 94612
FACILITY NAME: COLONIAL ACRES RESIDENTIAL CARE HOME
FACILITY NUMBER: 019200664
VISIT DATE: 12/20/2024
NARRATIVE
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Page 4

Allegation: Staff did not seek timely medical attention for resident.

Medical records showed R1 developed stage 4 pressure injury in the sacrum and unstageable pressure injury at right lateral pelvis and staff did not seek medical attention. It was R1’s family member who called 9-1-1.

Allegation: Staff left resident soiled in urine for an unreasonable period of time.

FM1, FM2, W1 and W2 stated they observed R1 soaked in urine. W1 stated that on 2 out of the 3 visits to R1, W1 observed R1 wet with urine and on one of these 2 visits, R1 was soaking wet up to the waist and W1 asked S3 for assistance when W1 changed R1.

Based on interviews, the allegation is closed as substantiated.

Deficiencies are cited from Title 22 California Code of Regulations and listed on 9099Ds. A $500.00 civil is assessed for deficiency section # 1569.269(a)(6) and will continue for $100.00/day until corrected.

Deficiencies, plan and proof of corrections and civil penalty were discussed with ADM and licensee.

Exit interview conducted. Appeal Rights, LIC421IM Civil Penalty Assessment, LIC9098 Proof of Correction form, and copy of this report provided.

SUPERVISOR'S NAME: Bennett FongTELEPHONE: (510) 622-2621
LICENSING EVALUATOR NAME: Alicia DelmundoTELEPHONE: (510) 286-4201
LICENSING EVALUATOR SIGNATURE:

DATE: 12/20/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/20/2024
LIC9099 (FAS) - (06/04)
Page: 4 of 7
Control Number 15-AS-20220927100258
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1515 CLAY STREET, STE. 310
OAKLAND, CA 94612

FACILITY NAME: COLONIAL ACRES RESIDENTIAL CARE HOME
FACILITY NUMBER: 019200664
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 12/20/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
12/21/2024
Section Cited
HSC
1569.269(a)(6)
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§1569.269 Enumerated rights; severability: (a) Residents of residential care facilities for the elderly shall have all of the following rights:(6) To care, supervision, and services that meet their individual needs and are delivered.

-This requirement is not met as evidenced by:
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R1 is no longer at the facility.

Licensee and administrator to read the Regulations and ensure residents are provided the proper care and supervision needed by residents. Self-certification to be submitted by 12/21/24.
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-Based on records review and interviews, the licensee did not comply with the section above for R1 who developed stage 4 and unstageable pressure injuries which posed immediate health risk to person in care. Civil penalty is assessed.
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Licensee stated will in-service the staff.

A $500.00 civil penalty is assessed.
Type A
12/21/2024
Section Cited
CCR
87464(f)(1)
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87464 Basic Services
(f) Basic services shall at a minimum include: (1) Care and supervision as defined in Section 87101(c)(3) and Health and Safety Code section 1569.2(c).
-This requirement is not met as evidenced by:
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Administrator to in-service the staff and submit copy of training topic with attendees signatures by 12/21/24.
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-Based on records review and interviews, the licensee did not comply with the section above in not meeting R1's needs for allowing R1 get dehydrated which posed immediate health risk to person in care.
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Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.
SUPERVISOR'S NAME: Bennett FongTELEPHONE: (510) 622-2621
LICENSING EVALUATOR NAME: Alicia DelmundoTELEPHONE: (510) 286-4201
LICENSING EVALUATOR SIGNATURE:

DATE: 12/20/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/20/2024
LIC9099 (FAS) - (06/04)
Page: 5 of 7
Control Number 15-AS-20220927100258
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1515 CLAY STREET, STE. 310
OAKLAND, CA 94612

FACILITY NAME: COLONIAL ACRES RESIDENTIAL CARE HOME
FACILITY NUMBER: 019200664
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 12/20/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
12/21/2024
Section Cited
CCR
87465(a)(1)
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87465 Incidental Medical and Dental Care: (a) A plan for incidental medical and dental care shall be developed by each facility. ...... by compliance with the following(1) The licensee shall arrange, or assist in arranging, for medical and dental care appropriate to the conditions and needs of residents.



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Administrator to in-service the staff and submit copy of training topic with attendees signatures by 12/21/24.
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-This requirement is not met as evidenced by
-Based on records review and interviews, the licensee did not comply with section above for not seeking medical attention for R1 when R1’s pressure injuries progressed which posed an immediate health risk to person in care.
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Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.
SUPERVISOR'S NAME: Bennett FongTELEPHONE: (510) 622-2621
LICENSING EVALUATOR NAME: Alicia DelmundoTELEPHONE: (510) 286-4201
LICENSING EVALUATOR SIGNATURE:

DATE: 12/20/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/20/2024
LIC9099 (FAS) - (06/04)
Page: 6 of 7
Control Number 15-AS-20220927100258
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1515 CLAY STREET, STE. 310
OAKLAND, CA 94612

FACILITY NAME: COLONIAL ACRES RESIDENTIAL CARE HOME
FACILITY NUMBER: 019200664
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 12/20/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
01/03/2025
Section Cited
HSC
1569.269(a)(5)
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§1569.269 Enumerated rights; severability: (a) Residents of residential care facilities for the elderly shall have all of the following rights: (5) To be accorded safe, healthful, and comfortable accommodations, furnishings, and equipment.

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Administrator to in-service the staff and submit copy of in-service training with attendees signatures by 1/03/25.
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-This requirement is not met as evidenced by:

-Based on interviews, the licensee did not comply with the section above for having R1 left soiled in urine which posed potential health and/or personal rights risks to person in care.
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Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.
SUPERVISOR'S NAME: Bennett FongTELEPHONE: (510) 622-2621
LICENSING EVALUATOR NAME: Alicia DelmundoTELEPHONE: (510) 286-4201
LICENSING EVALUATOR SIGNATURE:

DATE: 12/20/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/20/2024
LIC9099 (FAS) - (06/04)
Page: 7 of 7