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32 | INVESTIGATION REVEALED THE FOLLOWING:
Allegation: Unlawful eviction.
The details for the complaint stated an unlawful eviction was served to resident #1 (R1). The complainant claimed an eviction was provided to (R1) on a 30-day Notice on 05/19/22 and that this facility is no longer able to provide services to (R1). The complainant said the eviction is unfair, but it does not consider for the eviction to be unlawful.
The complainant expressed the eviction had to do with two staff members staff #2 and #3 (S2-S3). However, the complainant when asked about the two staff members and why she felt they are the core cause for the eviction, the complainant was uncertain/or did not know why she had mentioned the staff by names for this complaint. An interview with the Executive Director (S1) stated that this was not the first eviction served to (R1). A prior eviction notice dated 03/24/22 was served to (R1) and (R1’s) conservator. The order was rescinded after a meeting with all concerned parties and a mutual agreement was established. (R1’s) conservator hired a one-on-one private caregiver for (R1) to assist with (R1’s) wandering and/or eloping from the facility.
According to (S1), alongside the wandering/or eloping, (R1's) behavior impacts their ability to provide the services that she requires, and her behavior violates the house rules. (R1) requires a higher level of care that assisted living is unable to provide. In an interview with residents, #1 and #2 (R1-R2) both denied having any knowledge of residents being evicted unlawfully. An interview with New Horizon Home Health Case Manager witness #2 (W2) confirmed that (R1) is more suited and would benefit in an environment that will provide higher level of care. Interviews with (S1-S5) were aware a Notice of Eviction had been served to (R1). Service records for (R1) were reviewed along with other pertinent documents associated with (R1’s) eviction, which revealed the facility is within Title 22 Regulations and Requirements. Community Care Licensing Department (CCLD) Regional office was notified in a written request and followed the proper procedures. (CCLD) approved the Eviction Notice on 06/02/22. Based on the information gathered, there is no evidence to corroborate the allegation mentioned above.
Evaluation Report continues on LIC 9099-C
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