197609556-5-17-2022-31-AS-MVAO-CESR2X-20220526123904

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 197609556
Report Date: 05/17/2022
Date Signed: 05/17/2022 01:58:45 PM

Unsubstantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 21731 VENTURA BLVD., STE. 250
WOODLAND HILLS, CA 91364

This is an official report of an unannounced visit/investigation of a complaint received in our office on
07/29/2020 and conducted by Evaluator Michael Cava

COMPLAINT CONTROL NUMBER: 31-AS-20200729113725

FACILITY NAME:	AVALON MALIBU		FACILITY NUMBER:	197609556
ADMINISTRATOR:	MARGARET GIUFFRE		FACILITY TYPE:	772
ADDRESS:	32420 PACIFIC COAST HWY		TELEPHONE:	(310) 457-9111
CITY:	MALIBU	STATE: CA	ZIP CODE:	90265
CAPACITY:	6	CENSUS: 5	DATE:	05/17/2022
		UNANNOUNCED	TIME BEGAN:	10:15 AM
MET WITH:	Evan Nicol-Program Director		TIME COMPLETED:	02:00 PM

ALLEGATION(S):

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Staff sexually abused resident
Facility did not ensure the safety of resident
Facility is understaffed
Uncleared adult works at the facility.

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Michael Cava conducted a subsequent complaint visit to facility to conclude the investigation regarding the above facility. The 10 day visit was made by LPA Alex Pitz on 07/30/20. During the course of the investigation, interviews and record review were made.

Staff sexually abused resident:
In regards to the allegation, it was reported that a staff member had sex with a client. There were no client/victim or witnesses identified to the allegation. There also wasn’t a staff member identified to this allegation. Interviews with residents and staff do not corroborate with the allegation as both deny sexual abuse had occurred during their stay at the facility. This is a short-term crises residential treatment center. The planned length of stay in this program shall be in accordance with the client’s needs, but not to exceed thirty (30) days. Based on the information obtained, there was insufficient evidence to confirm that this allegation had occurred. Therefore, the findings are Unsubstantiated at this time.

Unsubstantiated

Estimated Days of Completion:

SUPERVISORS NAME: Eva Miller
LICENSING EVALUATOR NAME: Michael Cava
LICENSING EVALUATOR SIGNATURE:	DATE: 05/17/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/17/2022

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 31-AS-20200729113725

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 21731 VENTURA BLVD., STE. 250
WOODLAND HILLS, CA 91364

FACILITY NAME: AVALON MALIBU	FACILITY NUMBER: 197609556
	VISIT DATE: 05/17/2022

NARRATIVE

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Facility did not ensure the safety of resident:
In regards to the allegation, it was reported that female clients are subject to sexual harassment. The facility, which is a short term crisis residential treatment program, is located next to another facility, which is a substance abuse treatment center. There were times when both programs would participate in group activities, lunches and outings together exposing the clients from both programs. During the investigation, LPA was not able to identify any clients or witnesses that were subject to sexual harassment. Clients that were interviewed denied ever being harassed. Staff interviews could no confirm the allegation. Based on the information obtained, there was insufficient evidence to corroborate the allegation. Therefore, the findings are Unsubstantiated at this time.

Facility is understaffed:
In regards to the allegation, it was reported that because the facility is understaffed, all group activities are done together. It was also reported that there is usually only one staff at night. This staff would sometimes fall asleep, leaving clients feeling unsafe and unprotected. Interviews with clients reveal that staffing is always sufficient. There were no concerns made of facility being under staff. Review of staff schedule also indicate that facility has sufficient staffing. Facility retains anywhere between two to three staff scheduled to work the morning, night and afternoon shift. The program director is also always present in the afternoon. LPA also conducted a physical plant inspection and observed enough staff. Based on the information obtained, there was insufficient evidence to corroborate the allegation. Therefore, the findings are Unsubstantiated at this time.

Uncleared adult works at the facility:
In regards to the allegation, it was reported that Staff 1 (S1) has a criminal history and does not have fingerprint clearance. The reporting party identified this staff by their first name, but no last name or additional description given. During the initial visit to the complaint investigation, LPA was able to identify staff with the same first name, but could not confirm if this was the staff related to this allegation. Interviews with clients and additional staff made also could not confirm this alleged staff (S1). Based on the information obtained, there was insufficient evidence to corroborate the allegation. Therefore, the findings are Unsubstantiated at this time.

SUPERVISORS NAME: Eva Miller
LICENSING EVALUATOR NAME: Michael Cava
LICENSING EVALUATOR SIGNATURE:	DATE: 05/17/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/17/2022

LIC9099 (FAS) - (06/04)

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