157206770-2-14-2024-24-AS-SPIY-D4MKCL-20240424074718

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 157206770
Report Date: 02/14/2024
Date Signed: 02/14/2024 01:43:34 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, 1314 E SHAW AVE
FRESNO, CA 93710

This is an official report of an unannounced visit/investigation of a complaint received in our office on
02/06/2024 and conducted by Evaluator Darius Williams

PUBLIC

COMPLAINT CONTROL NUMBER: 24-AS-20240206103955

FACILITY NAME:	POINTE AT SUMMIT HILLS, THE		FACILITY NUMBER:	157206770
ADMINISTRATOR:	PERLA PENA		FACILITY TYPE:	740
ADDRESS:	4501 UPLAND POINT DRIVE		TELEPHONE:	(661) 447-4800
CITY:	BAKERSFIELD	STATE: CA	ZIP CODE:	93306
CAPACITY:	102	CENSUS: 63	DATE:	02/14/2024
		UNANNOUNCED	TIME BEGAN:	11:01 AM
MET WITH:	Administrator, Perla Pena		TIME COMPLETED:	01:42 PM

ALLEGATION(S):

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Staff do not allow resident to recieve private phone calls

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Darius Williams conducted an unannounced complaint visit. LPA Williams met with Administrator, Perla Pena.

LPA Williams interviewed the Administrator. According to the Administrator on 2/7/2024, the Administrator took a phone call to Resident 1 (R1). The Administrator reported she stayed for approximately three minutes with the resident, as R1 has difficulties holding items and due to the possible nature of the call. Administrator also stated recieiving permission from Witness 1 and Witness 2 to be present during the call, however not receiving permission from R1.

According to crecord review of order appointing probate conservator, dated 9/22/2021, the conservator does not have authority to dictate R1's calls.

*Continued on LIC 9099C*

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Serigy Pidgirny	TELEPHONE: (559) 246-0610
LICENSING EVALUATOR NAME: Darius Williams	TELEPHONE: 559-243-8080
LICENSING EVALUATOR SIGNATURE:	DATE: 02/14/2024

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/14/2024

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

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Control Number 24-AS-20240206103955

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1314 E SHAW AVE
FRESNO, CA 93710

FACILITY NAME: POINTE AT SUMMIT HILLS, THE	FACILITY NUMBER: 157206770
	VISIT DATE: 02/14/2024

NARRATIVE

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Administrator reported for R1 to receive a reasonable level of privacy a electronic device could be set up in R1's room for Zoom or Facetime. The Administrator reported facility staff would assist with setting up the call and once connected could leave R1's room.

Based on LPAs interviews and record reviews, the preponderance of evidence standard has been met, therefore the allegation,staff do not allow resident to receive private phone calls, is found to be SUBSTANTIATED. California Code of Regulations, Title 22, Chapter 8, Section 87468.2(a)(1), are being cited on the attached LIC-9099D.

A plan of correction was reviewed and discussed.

A copy of this report and appeal rights were provided to the facility.

SUPERVISOR'S NAME: Serigy Pidgirny	TELEPHONE: (559) 246-0610
LICENSING EVALUATOR NAME: Darius Williams	TELEPHONE: 559-243-8080
LICENSING EVALUATOR SIGNATURE:	DATE: 02/14/2024

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/14/2024

LIC9099 (FAS) - (06/04)

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Control Number 24-AS-20240206103955

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1314 E SHAW AVE
FRESNO, CA 93710

FACILITY NAME: POINTE AT SUMMIT HILLS, THE	FACILITY NUMBER: 157206770
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 02/14/2024

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 02/14/2024 Section Cited CCR 87468.2(a)(1)	1 2 3 4 5 6 7	(1)To have a reasonable level of personal privacy...communications, telephone conversations, use of the Internet, and meetings of resident and family groups. This requirement was not met evident by:	1 2 3 4 5 6 7	LPA reviewed regulation and PIN21-48ASC regarding conservatorship. Administrator agreed to set up a laptop or tablet, in R1's room when need for call. Administrator will also submit report to Department detailing plan to accomodate R1's phone calls by POC due date, 2/15/2024.
	8 9 10 11 12 13 14	The Licensee did not ensure R1 had reasonable privacy during a phone call, which poses a potential violation to personal rights.	8 9 10 11 12 13 14
	1 2 3 4 5 6 7		1 2 3 4 5 6 7
	1 2 3 4 5 6 7		1 2 3 4 5 6 7

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: Serigy Pidgirny	TELEPHONE: (559) 246-0610
LICENSING EVALUATOR NAME: Darius Williams	TELEPHONE: 559-243-8080
LICENSING EVALUATOR SIGNATURE:	DATE: 02/14/2024

I acknowledge receipt of this form and understand my appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/14/2024

LIC9099 (FAS) - (06/04)

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