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25 | On 03/13/2025 Licensing Program Analyst (LPA) Loera met with Licensee, Marisol Hogan for a Case Management, Regional Office meeting to follow up on substantiated complaint allegations; complaint number 21-AS-20240514220121.
On September 6, 2024, the Department concluded an investigation which alleged that a staff physically abused a client while in care resulting in injury and that staff did not properly report an incident involving a client.
The licensee was cited for violating California Code of Regulations (CCR) Title 22, § 80072(a)(3) Personal Rights and California Code of Regulations (CCR) Title 22, § 80061(b)(1)(E) Reporting Requirements.
At the time of the complaint visit on September 6, 2024, the licensee was informed that a civil penalty might be assessed based on Health and Safety Code § 1548(f)(1)(A).
The Department has concluded an analysis and has determined that a civil penalty is warranted for physical abuse. The Welfare and Institutions Code Section 15610.63 for physical abuse includes the following: Assault, as defined in Section 240 of the Penal Code and Battery, as defined in Section 242 of the Penal Code. This is evidenced by the Licensee not ensuring the safety of a client (C1) which resulted in them being physically abused by staff. C1 was observed with bruising around the throat and diagnosed with “strangulation or suffocation.”
Today, 03/13/2025 the Department is issuing a civil penalty per Health and Safety Code § 1569.49 for a violation that the Department constitutes as physical abuse in the amount of $10,000.
A copy of the LIC 421D was given to Licensee, Marisol Hogan and originals were signed.
Exit interview conducted. A copy of the report issued. Appeal rights provided. (Facility representative) signature on this report acknowledges receipt of the appeal rights, found on page two of LIC 421D. |