| INVESTIGATION REVEALED THE FOLLOWING:
Allegation: Licensee does not have control of property.
The details of this complaint alleged that the licensee did not have control of the licensed property. The complainant claimed a new change of ownership allowed for a new licensee to take over the property when the original licensee/property owner had passed away in 2020. The complainant stated that the newly licensee does not hold a lease agreement and does not have control of the property.
On 07/26/23 between 9:27 am – 1:01 pm, the Department investigated a visit to this facility and interviewed the administrator staff #1 (S1) and the licensee staff #2 (S2). (S1) and (S2) explained that Ruby Smith, the former licensee, and property owner witness #1 (W1), passed away in 09/04/20, causing the facility to change ownership.
(S1-S2) stated an Emergency Approval to Operate meeting with Community Care Licensing (CCL) was conducted on 09/11/20. On 09/18/20, documentation and records were provided to the (CCL). On 12/20/20 an application for (CCL) application for a Community Care Facility or Residential Care Facility for the Elderly License LIC 200 was processed.
On 02/18/21, the facility was licensed with the change of ownership listed on the application with staff #2 (S2) Barry Harris as the property owner.
On 07/13/23, a Probate Court Hearing for the Estate of Ruby Smith was held, and an additional Court Case Hearing was scheduled for 11/08/23. The results from the court hearing cases, provided a certified Probate Letter from the Superior Court of California, County of San Bernardino a document listing (S2) as the court appointed administrator of the decedent’s estate.
(S1-S2) claimed that there was control over the property during the transition of ownership. (S1) provided a Residential Lease Agreement with (S2) dated and signed by (S1) and (S2).
(Evaluation Report continues LIC 9099-C)
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