198603504-10-12-2023-28-AS-RORN-CWQMFL-20231018093429

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 198603504
Report Date: 10/12/2023
Date Signed: 10/12/2023 02:26:49 PM

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
10/10/2023 and conducted by Evaluator Noemi Galarza

PUBLIC

COMPLAINT CONTROL NUMBER: 28-AS-20231010134131

FACILITY NAME:	LA POSADA		FACILITY NUMBER:	198603504
ADMINISTRATOR:	DIANA BAUTISTA		FACILITY TYPE:	740
ADDRESS:	8120 PAINTER AVE		TELEPHONE:	(562) 945-2651
CITY:	WHITTIER	STATE: CA	ZIP CODE:	90602
CAPACITY:	114	CENSUS: 89	DATE:	10/12/2023
		UNANNOUNCED	TIME BEGAN:	09:25 AM
MET WITH:	Diana Bautista, Administrator		TIME COMPLETED:	02:30 PM

ALLEGATION(S):

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Facility staff stole resident's money.

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Galarza conducted an initial 10-Day complaint visit to investigate the above allegation.The purpose of the visit was discussed with Business Office Manager Andrea Lopez. Administrator Diana Bautista arrived shortly after.

The investigation consisted of the following: A tour of the facility was conducted. Staff (S1- S6) and residents (R1- R9) were interviewed. Resident (R1's) file documents [Identification and Emergency Information/Face Sheet, Cash and Jewerly Policy, Resident Theft and Loss Record & Physician's Report], as well as staff (S1's) Personnel Record, termination notice, Personal Property Procedures, resident roster, and LIC 500 Personnel Report. *

***Narrative continues next page.***

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Lisa Hicks	TELEPHONE: (323) 981-3972
LICENSING EVALUATOR NAME: Noemi Galarza	TELEPHONE: (323) 981-3974
LICENSING EVALUATOR SIGNATURE:	DATE: 10/12/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/12/2023

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-20231010134131

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: LA POSADA	FACILITY NUMBER: 198603504
	VISIT DATE: 10/12/2023

NARRATIVE

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Allegation: Facility staff stole resident's money. According to information received Activities Director/Staff (S1) took $10.00 from resident (R1) last week with the purpose of buying Poweball and Mega Millions lottery tickets. As of October 10, 2023, staff (S1) had not given the resident the lottery tickets, and has not been seen working at the facility. It is suspected that staff (S1) was fired as a result of the theft. A total of six (6) staff were interviewed. None of the staff had suspicions that Activities Director stole money and/or personal belongings from residents. However, yesterday a staff person was approached by resident (R2) asking for Activities Director, and reported to staff that the resident gave a silver necklace that needed it repairs to staff (S1). Resident (R2) stated that the silver necklace had not been returned until today. Staff (S1) was not able to repair the necklace, but had forgotten to return it to R2. The approximate worth of the necklace was $40 dollars. A total of nine (9) residents were interviewed. Only resident (R1) reported that S1 took money from the resident. Staff (S1) stated that when resident (R1) asked them to buy lotto tickets they told the resident "No", but the resident insisted and staff took the money. Staff (S1) stated that they have not worked at the facility in over 1 week and had not had a chance to bring the lotto ticket, or returned the resident's phone calls. Administrator reported that staff (S1) is being terminated from employment today because they did not call or show up to work 3 scheduled days. The termination is not related to the allegation, because Administration staff learned about the allegation after the decision to terminate was made. Per facility Personal Property Procedures, documentation of resident Theft and Loss Record was completed. However, a police report was not filed because the value of the loss was $10; not more than $100.00. Staff (S1) stated they plan to drop off the tickets sometime this week. As of today resident (R1) has not been given the lotto tickets that were purchased last week by staff (S1). Therefore, there is sufficient evidence to corroborate the allegation.

Based on interviews conducted, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. Deficiency is being cited according to Title 22. See LIC 9099D.

Exit interview was conducted with Administrator Diana Bautista. A copy of the report and appeal rights were provided.

SUPERVISOR'S NAME: Lisa Hicks	TELEPHONE: (323) 981-3972
LICENSING EVALUATOR NAME: Noemi Galarza	TELEPHONE: (323) 981-3974
LICENSING EVALUATOR SIGNATURE:	DATE: 10/12/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/12/2023

LIC9099 (FAS) - (06/04)

Page: 2 of 3

Control Number 28-AS-20231010134131

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: LA POSADA	FACILITY NUMBER: 198603504
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 10/12/2023

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 10/19/2023 Section Cited CCR 87468.2(a)(25)	1 2 3 4 5 6 7	Additional Personal Rights of Residents in Privately Operated Facilities.... residents in privately operated residential care facilities for the elderly shall have all of the following personal rights: To protection of their property from theft or loss according to Health and Safety Code sections 1569.152, 1569.153, and 1569.154.	1 2 3 4 5 6 7	Administrator agreed to conduct staff training regarding Personal Property Procedures and Theft and Loss. Submit proof of staff training by POC due date.
	8 9 10 11 12 13 14	This requirement was not met evidenced by: Based on record review and interviews, the findings indicate that staff (S1) took $10 from resident (R1) to buy lottery tickets, but never gave the lottery tickets to the resident. This poses a potential health and safety risk to residents in care.	8 9 10 11 12 13 14
	1 2 3 4 5 6 7		1 2 3 4 5 6 7
	1 2 3 4 5 6 7		1 2 3 4 5 6 7

Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.

SUPERVISOR'S NAME: Lisa Hicks	TELEPHONE: (323) 981-3972
LICENSING EVALUATOR NAME: Noemi Galarza	TELEPHONE: (323) 981-3974
LICENSING EVALUATOR SIGNATURE:	DATE: 10/12/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/12/2023

LIC9099 (FAS) - (06/04)

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