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25 | On 03-18-2024, Licensing Program Analyst (LPA) Brian Balisi met with Sarkis Dovlatyan for an unannounced Case Management visit to issue a civil penalty per Health and Safety Code §1569.49(f).
On January 31, 2023, the Department received a complaint alleging facility staff lack of care and supervision resulted in a resident (R1) eloping from the facility multiple times.
On June 21, 2023, the allegation was substantiated, and the licensee was cited for violating the California Code of Regulations (CCR) Title 22, Section 87464(f)(1) Basic Services due to a lack of care and supervision which resulted in R1 eloping from the facility on multiple occasions and sustaining serious injuries. An immediate civil penalty of $500 was also assessed for a violation of CCR Title 22, Section 87464(f)(1) Basic Services. The licensee was also informed that an additional civil penalty might be assessed based on Health and Safety Code §1569.49.
The Department has concluded an analysis and has determined that a civil penalty is warranted for a violation that resulted in R1 sustaining serious bodily injury while under the care of this facility. The Welfare and Institutions Code § 15610.67 defines serious bodily injury as “an injury involving extreme physical pain, substantial risk of death, or protracted loss or impairment of a function of a bodily member, organ, or of mental faculty, or requiring medical intervention, including but not limited to, hospitalization, surgery, or physical rehabilitation.” This is evidenced by the licensee’s failure to provide adequate care and supervision, resulting in R1 eloping from the facility last on February 6, 2023. The resident was struck by a motor vehicle and sustained multiple rib fractures and a hematoma to forehead.
Today, 03/18/2024, the Department is issuing a civil penalty per Health and Safety Code §1569.49(f) in the amount of $10,000 for a violation that the Department constitutes as serious bodily injury. |