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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 216804000
Report Date: 06/02/2023
Date Signed: 06/02/2023 04:04:14 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, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405
This is an official report of an unannounced visit/investigation of a complaint received in our office on
09/12/2022 and conducted by Evaluator Caitlynn Felias
COMPLAINT CONTROL NUMBER: 21-AS-20220912115756
FACILITY NAME:COGIR OF SAN RAFAELFACILITY NUMBER:
216804000
ADMINISTRATOR:DOWELL, CAROLFACILITY TYPE:
740
ADDRESS:111 MERRYDALE ROADTELEPHONE:
(415) 472-6530
CITY:SAN RAFAELSTATE: CAZIP CODE:
94903
CAPACITY:70CENSUS: 51DATE:
06/02/2023
UNANNOUNCEDTIME BEGAN:
12:30 PM
MET WITH:Executive Director/Administrator, Susan EdwardsTIME COMPLETED:
02:00 PM
ALLEGATION(S):
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Personal Rights - resident was sexually assaulted while in care
Neglect Lack of Supervision - facility failed to seek timely medical attention for resident in care
Reporting Requirement - facility failed to report incident timely per regulations
INVESTIGATION FINDINGS:
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At approximately 12:30PM, Licensing Program Analyst (LPA) Felias, arrived unannounced to deliver findings for a Complaint Investigation regarding the above allegations and met with Administrator, Susan Edwards.

There is an allegation of Personal Rights - Resident was sexually assaulted while in care. The afternoon of Sunday, September 4, 2022, Staff Member 1 (S1), entered Resident’s 1 (R1), room to put their clean laundry away. R1 was in their bedroom naked from the waist down. S1 found staff member 2 (S2) hiding behind the shower curtain in R1’s bathroom. The incident was reported to management. A report was made to San Rafael Police Department (SRPD) that evening, but an Officer did not come out until the following day. R1 was taken to the Emergency Room, and a Sexual Assault Rape Team (SART) exam was conducted. A male profile was found. SRPD obtained a Buccal swab from S2. S2 was interviewed and denied touching R1.

Continued on LIC9099C
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Kimberley MotaTELEPHONE: (707) 588-5051
LICENSING EVALUATOR NAME: Caitlynn FeliasTELEPHONE: 707-588-5039
LICENSING EVALUATOR SIGNATURE:

DATE: 06/02/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/02/2023
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 5
Control Number 21-AS-20220912115756
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405
FACILITY NAME: COGIR OF SAN RAFAEL
FACILITY NUMBER: 216804000
VISIT DATE: 06/02/2023
NARRATIVE
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Continued from LIC9099

On 5/10/23, SRPD Detective verified results came back and it matched the DNA found on R1. S2 was arrested that morning, 5/10/23, and was booked into Marin County jail on two felonies. S2 was fingerprint cleared to work at the facility, training on facility policies and procedures including personal rights. S2 violated the rights of R1. This allegation is Substantiated.

There is an allegation of Neglect/Lack of Supervision - Facility failed to seek timely medical attention for resident in care. On September 4, 2022, S1 observed S2 in R1’s bathroom at approximately 1300-1330 hours. Staff working the Sunday shift did not know who to report the incident to. S1 contacted another caregiver Staff Member 3 (S3) who also reported the incident to the Activity Assistant, Staff Member 4 (S4). When S4 returned home at approximately 1700 hours, they contacted Management to report the incident. At approximately 1900-1930 hours Resident Care Coordinator and RN arrived to the facility to do a visual check of R1. The Facility Administrator contacted SRPD and Resident's family between 1800-2100 hours. R1 was not taken to the hospital until the next morning. SRPD responded to the facility the next day. Based on the suspicious nature of the incident staff failed to contact the police and ensure resident was seen timely in the ER. This allegation is Substantiated.

There is an allegation of Reporting Requirement - facility failed to report incident timely per regulations. On September 4, 2022, S1 observed S2 in R1’s bathroom at approximately 1300-1330 hours. Staff working the Sunday shift did not know who to report the incident to, staff on shift did not contact the Police based on the suspicious nature of the incident. Instead, S1 contacted another caregiver, S3, who reported the incident to S4. When S4 returned home at approximately 1700 hours, they contacted Management to report the incident. At approximately 1900-1930 hours Resident Care Coordinator and RN arrived at the facility to do a visual check of R1. The Facility Administrator contacted SRPD and Resident's family between 1800-2100 hours. R1 was not taken to the hospital until the next morning. SRPD responded to the facility the next day. Facility failed to follow the mandated reporting requirement timeframes per W&I Code 15630(b)(1). This allegation Substantiated.

Continued on LIC9099C
SUPERVISOR'S NAME: Kimberley MotaTELEPHONE: (707) 588-5051
LICENSING EVALUATOR NAME: Caitlynn FeliasTELEPHONE: 707-588-5039
LICENSING EVALUATOR SIGNATURE:

DATE: 06/02/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/02/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 5
Control Number 21-AS-20220912115756
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405
FACILITY NAME: COGIR OF SAN RAFAEL
FACILITY NUMBER: 216804000
VISIT DATE: 06/02/2023
NARRATIVE
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Continued from LIC9099C

The issuance of a Civil Penalty is under review. The Licensee is being informed that a Civil Penalty might be assessed based on a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 15610.67 of the Welfare and Institutions Code, to a resident.


The Regional Office will be inviting the Licensee to attend a Non-Compliance Conference, date to be determined.

Deficiencies are cited from the California Code of Regulations (CCRs), and/or the Health and Safety Code. Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.



Exit interview conducted. Copy of report, LIC 811 (Confidential Names), LIC-9099D (Deficiency Page), Plan of Corrections, and Appeal Rights discussed and provided to Administrator. Signature on form confirms receipt of documents.
SUPERVISOR'S NAME: Kimberley MotaTELEPHONE: (707) 588-5051
LICENSING EVALUATOR NAME: Caitlynn FeliasTELEPHONE: 707-588-5039
LICENSING EVALUATOR SIGNATURE:

DATE: 06/02/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/02/2023
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 21-AS-20220912115756
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405

FACILITY NAME: COGIR OF SAN RAFAEL
FACILITY NUMBER: 216804000
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 06/02/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
06/03/2023
Section Cited
CCR
87468(a)
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87468 Personal Rights:(a)Residents in residential care facilities for the elderly shall have personal rights... those listed in Sections 87468.1, Personal Rights of Residents in All Facilities, and 87468.2, Additional Personal Rights of Residents in Privately Operated Facilities...
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Licensee to submit certification that training on Personal Rights will be conducted for all staff by POC due date of 06/03/2023. Licensee to conduct Personal Rights Training and submit a sign in sheet to CCL that includes the following:
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This requirement was not met as evidenced by: Based on interviews conducted and review of documents, the Licensee did not comply with the section cited above, and did not ensure the Personal Rights of R1. This poses an immediate health and safety risk to residents in care.
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Date, Name/Job Role, and Signatures by POC due date of 06/12/2023.
Request Denied
Type A
06/03/2023
Section Cited
CCR
87465(g)
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87465 Incidental Medical and Dental Care:(g) The licensee shall immediately telephone 9-1-1 if an injury or other circumstance has resulted in an imminent threat to a resident’s health including...an apparent life-threatening medical crisis...
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Licensee to submit certification that training on Reporting Requirements will be conducted for all staff by POC due date of 06/03/2023. Licensee to conduct Training for Reporting Requirements and to review who the Administrator is and who the Designated Representative is in the absence of the
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This requirement was not met as evidenced by: Based on interviews conducted and review of documents, the Licensee did not comply with the section cited above, and did not ensure that 911 was called for R1. This poses an immediate health and safety risk to residents in care.
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Administrator. Licensee to submit a sign in sheet to CCL that includes the following: Date, Name/Job Role, and Signatures by POC due date of 06/12/2023.
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: Kimberley MotaTELEPHONE: (707) 588-5051
LICENSING EVALUATOR NAME: Caitlynn FeliasTELEPHONE: 707-588-5039
LICENSING EVALUATOR SIGNATURE:

DATE: 06/02/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/02/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 21-AS-20220912115756
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405

FACILITY NAME: COGIR OF SAN RAFAEL
FACILITY NUMBER: 216804000
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 06/02/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Request Denied
Type A
06/03/2023
Section Cited
HSC
15630(b)(1)(A)(i)
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Welfare and Institutions Code section 15630(b)(1)(A)If the suspected... abuse occurred in a long-term care facility...(i)a telephone report shall be made to the local law enforcement agency immediately...no later than within two hours...
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Licensee to submit certification that training on Reporting Requirements will be conducted for all staff by POC due date of 06/03/2023. Licensee to submit a sign in sheet to CCL that includes the following: Date, Name/Job Role, and Signatures by POC due date of 06/12/2023.
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This requirement was not met as evidenced by: Based on interviews conducted and review of documents, the Licensee did not comply with the section cited above, and did not report suspected abuse timely. This poses an immediate health and safety risk to residents in care.
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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.
SUPERVISOR'S NAME: Kimberley MotaTELEPHONE: (707) 588-5051
LICENSING EVALUATOR NAME: Caitlynn FeliasTELEPHONE: 707-588-5039
LICENSING EVALUATOR SIGNATURE:

DATE: 06/02/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/02/2023
LIC9099 (FAS) - (06/04)
Page: 5 of 5