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32 | Allegation: Staff behavior poses as a risk to the residents in care. It is alleged that an off-duty DSP staff member and their child attended a birthday celebration of a resident that resides in the facility. According to information obtained, resident (R1) is non-verbal and/or minimally communicates. The complaint alleges residents (R1) and other residents neither invited nor objected to the child’s presence at the birthday party. Three (3) out of four (4) residents have limited cognitive abilities. There is one resident that can communicate, but they were not present; therefore, they were not interviewed. A total of five staff were interviewed. Staff interviews revealed that on January 21, 2026, the facility had a birthday party for resident (R1) and off-duty staff (S1) came by with their child to celebrate the resident. Administrator stated off-duty S1 asked for permission to visit with their child and was granted permission because the staff wanted to celebrate R1, and it is customary for the facility to invite family and neighbors with children to their celebrations as a community inclusion practice. Staff (S1) confirmed they were in attendance, but they never posed a risk to residents in care. Interviews revealed S1’s presence did not pose a health or safety risk to any of the residents in care because there was sufficient staffing and their child was never left alone with the residents. Staff stated that another staff person did play outdoor basketball with the young child, but the staff member did not neglect their duties. All residents were outside sitting in the patio next to the basketball net, and there was a total of 5 staff outdoors providing care and supervision to the residents. Staff acknowledged understanding of resident's visitation and choice rights. Based on record review of the specialized home and HCBS Final Rule requirements, the facility did not make aware the resident's closest advocate(s) that an off-duty staff and their child would be visiting the facility during the birthday celebration. A child visitor is not prohibited from visiting; however, it must be a resident's choice and there must be documentation that all residents were consulted and agreed. Although the visitors did not pose any immediate danger to residents in care the resident(s) right to privacy and choice was not considered. The Regional Center issued a Corrective Action Plan that addresses HCBS guidelines, program design, and license parameters.
Based on record review and interviews, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. Deficiencies are being cited according to California Code of Regulations, Title 22.
An exit interview was conducted with LVN Tanya Andiarena and discussed telephonically with Administrator Eric Espartero. A copy of the report an appeal rights were provided. |