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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 198602931
Report Date: 03/08/2022
Date Signed: 03/08/2022 11:17:37 AM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. ST 500
MONTEREY PARK, CA 91754
This is an official report of an unannounced visit/investigation of a complaint received in our office on
02/17/2021 and conducted by Evaluator Kruz Long
PUBLIC
COMPLAINT CONTROL NUMBER: 28-AS-20210217140649
FACILITY NAME:JOSHUA TREE HOMEFACILITY NUMBER:
198602931
ADMINISTRATOR:ARBOLEDA, ANTONIOFACILITY TYPE:
735
ADDRESS:18207 VILLA CLARA STREETTELEPHONE:
(626) 295-2197
CITY:ROWLAND HEIGHTSSTATE: CAZIP CODE:
91748
CAPACITY:6CENSUS: 6DATE:
03/08/2022
UNANNOUNCEDTIME BEGAN:
10:50 AM
MET WITH:Alvin Capanzana (Direct Support Professional)TIME COMPLETED:
11:30 AM
ALLEGATION(S):
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Staff sexually abused clients in the facility.
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Kruz Long conducted an unannounced follow up complaint visit to the facility. Upon arrival, LPA met with Alvin Capanzana (Direct Support Professional) and explained the purpose of the visit was to deliver complaint investigation findings and was discussed.

On 02/18/21, LPA Kruz Long conducted the initial visit, during visit, LPA met with staff Jasmin Tomines and toured the physical plant and did not observe any health and safety concerns.

On todays follow up visit, LPA Kruz Long met with Alvin Capanzana (Direct Support Professional) and toured the physical plant and observed that the facility is clean and in good repair and there are no health and safety concerns.

Continue to LIC9099C....
Substantiated
Estimated Days of Completion:
NAME OF LICENSING PROGRAM MANAGER: Fernando Fierros
NAME OF LICENSING PROGRAM ANALYST: Kruz Long
LICENSING PROGRAM ANALYST SIGNATURE:

DATE: 03/08/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/08/2022
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 1 of 3
Control Number 28-AS-20210217140649
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. ST 500
MONTEREY PARK, CA 91754

FACILITY NAME: JOSHUA TREE HOME
FACILITY NUMBER: 198602931
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 03/08/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
03/09/2022
Section Cited
CCR
80072(a)(1)
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80072 Personal Rights
(a) Except for children’s residential facilities, each client shall have personal rights which include, but are not limited to, the following:
(1) To be accorded dignity in his/her personal relationships with staff and other persons.
This requirement is not met as evidenced by:
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Licensee shall ensure Staff #1 is no longer working for or present at the facility and provide additional training to all staff to ensure that clients are accorded dignity in his/her personal relationship with staff and other persons. Once training is completed, Licensee shall provided proof of training to the department.
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Staff #1 sexually abused client #1 while working in the facility and providing care and supervision to client #1, as evidenced by interviews with staff #1 and client #1.
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Note: Staff #1 is no longer working for or present at the facility.
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Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.
NAME OF LICENSING PROGRAM MANAGER: Fernando Fierros
NAME OF LICENSING PROGRAM ANALYST: Kruz Long
LICENSING PROGRAM ANALYST SIGNATURE:

DATE: 03/08/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/08/2022
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 28-AS-20210217140649
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. ST 500
MONTEREY PARK, CA 91754
FACILITY NAME: JOSHUA TREE HOME
FACILITY NUMBER: 198602931
VISIT DATE: 03/08/2022
NARRATIVE
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Regarding allegation: Staff sexually abused clients in the facility, it was alleged that staff #1 sexually abused clients, while working in the facility. The investigation consisted of interview with staff and clients, including attempts to interview staff #1 and interviews with client #1 and client #2, review of client #1 and staff #2 facility file, review of local law enforcement report dated 02/28/21 and LPA's observations. The investigation revealed that client #1 moved into the facility in early December 2020 and met staff #1, who worked as a live-in caregiver. In early December 2020, staff #1 assisted client #1 with changing of adult briefs and bathing. Client #1 requested that staff #1 assist client #1 with bathing on several occasions. client #1 informed resident #1 family member about the sexual relationship between client #1 and staff #1. Local law enforcement's interviews with staff #1 indicated that staff #1 was aware of the facilities policy that prohibits male caregivers from providing assistance to female clients, despite the facilities policy, staff #1 assisted client #1 because no one else was assisting client #1 and client #1 assigned caregiver asked staff #1 for assistance. Staff #1 admitted to performing sexual acts with client #1 in the facility on multiple occasions. The investigation did not reveal any evidence to support the abuse of client #2 by staff #1. Therefore, staff #1 sexually abused client #1 while working in the facility and providing care and supervision to client #1, as evidenced by interviews with staff #1 and client #1 per police report #021-01227-2932-129. No criminal action was taken against staff #1 as the investigation determined that the sexual relationship between staff #1 and client #1 was consensual.

Therefore, based on the department’s interviews, observations and record review, the preponderance of evidence standard has been met, therefore the above allegation is found to be substantiated. California Code of Regulations, Title 22, Division 6 and Chapter 1 are being cited on the attached LIC9099D.

Immediate Civil Penalties in the amount of $500 dollars are being issued on today's visit.

Appeal rights discussed and a copy of licensing report and appeal rights given during visit. Exit interview conducted with Alvin Capanzana (Direct Support Professional).
NAME OF LICENSING PROGRAM MANAGER: Fernando Fierros
NAME OF LICENSING PROGRAM ANALYST: Kruz Long
LICENSING PROGRAM ANALYST SIGNATURE:

DATE: 03/08/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/08/2022
LIC9099 (FAS) - (06/04)
Page: 3 of 3