198603348-6-29-2023-28-AS-LHIS-CTUHX8-20230718063444

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 198603348
Report Date: 06/29/2023
Date Signed: 06/29/2023 02:19:23 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, 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
06/22/2023 and conducted by Evaluator Jewel Baptiste

COMPLAINT CONTROL NUMBER: 28-AS-20230622164039

FACILITY NAME:	MERRILL GARDENS AT WEST COVINA		FACILITY NUMBER:	198603348
ADMINISTRATOR:	FISCHER, SHERRY		FACILITY TYPE:	740
ADDRESS:	1400 WEST COVINA PKWY		TELEPHONE:	(626) 587-4318
CITY:	WEST COVINA	STATE: CA	ZIP CODE:	91790
CAPACITY:	150	CENSUS: 105	DATE:	06/29/2023
		UNANNOUNCED	TIME BEGAN:	08:31 AM
MET WITH:	General Manager Sherry Fischer		TIME COMPLETED:	02:33 PM

ALLEGATION(S):

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Facility staff are not allowing resident council meetings to be conducted in private.
Facility staff are racially altering the bylaws of the resident council.

INVESTIGATION FINDINGS:

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On 6/29/23 at 8:32 a.m., Licensing Program Analyst (LPA) Jewel Baptiste conducted an unannounced complaint visit to the facility. Upon arrival LPA met with (S1) and explained the purpose of the visit. The General Manager Sherry Fischer arrived at 8:50 and joined the visit.

During today’s visit LPA toured the facility with the General Manager. LPA obtained resident roster, staff roster, resident council by laws, resident council memo, Resident council flyers, resident council correspondence with the General Manager, Admissions agreement page 13, and plan of operation (operations policy guide). LPA also interviewed: Administrator and a total of two (2) staff who shall be referred to as S1, and S2. LPA interviewed a total of 10 residents who shall be referred to as: R1 through R10.

Report continued 9099c

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Lisa Hicks	TELEPHONE: (323) 213-1556
LICENSING EVALUATOR NAME: Jewel Baptiste	TELEPHONE: (323) 400-9594
LICENSING EVALUATOR SIGNATURE:	DATE: 06/29/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/29/2023

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 28-AS-20230622164039

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: MERRILL GARDENS AT WEST COVINA	FACILITY NUMBER: 198603348
	VISIT DATE: 06/29/2023

NARRATIVE

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The investigation reveals the following: Regarding "Facility staff are not allowing resident council meetings to be conducted in private”. LPA interviewed the General Manager and confirmed facility staff attend resident council meetings by invitation only. The General Manager further stated the facility has not attended a resident council meeting in the last year. 2 out of 2 staff denied the allegation stating they are not allowed to attend the resident council meetings without an invitation. 8 out of 10 residents stated staff are not allowed to attend resident council meetings but has joined the meetings when invited. 1 out of 10 residents stated they believe another resident was sent to the meetings on behalf of the facility. 1 out of 10 residents stated they have seen the General Manager attend the resident council meetings in the past, but they are unsure if they were invited.

The investigation reveals the following: Regarding " Facility staff are racially altering the bylaws of the resident council". it is alleged that the facility was able to radically alter the bylaws of the resident council. The General Manager denied the allegation, stating the first council president created he bylaws and the facility is not involved with the resident council bylaws. 2 out of 2 staff denied the allegation stating the facility is not involved with the bylaws of the resident council. 5 out of 10 residents stated the bylaws was created by the resident council without facility involvement. 3 out of 10 residents stated they have no knowledge of the facility altering the bylaws. 1 out of 10 residents stated some items was removed from the resident bylaws because it infringed upon the facility’s operational rights. 1 out of 10 residents stated they heard some sections of the resident council bylaws was overruled by facility general manager and was not added to the resident council bylaws.

Based on LPA's interviews, investigation revealed: Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur, therefore the allegation is UNSUBSTANTIATED.

Exit interview conducted with sherry Fischer and a copy of this record provided.

SUPERVISOR'S NAME: Lisa Hicks	TELEPHONE: (323) 213-1556
LICENSING EVALUATOR NAME: Jewel Baptiste	TELEPHONE: (323) 400-9594
LICENSING EVALUATOR SIGNATURE:	DATE: 06/29/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/29/2023

LIC9099 (FAS) - (06/04)

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