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32 | attempted to terminate the current staff who were knowledgeable about the residents in care, the police were called, Department staff intervened via telephone, and AD agreed to keep the current staff in place and remove W1 and W2 from the facility.
During the inspection, LPA and S1 toured the facility. LPA observed there were 2 staff present, wearing PPE. LPA observed 6 resident present. LPA conducted health and safety checks on the 6 residents present and confirmed they were doing well and observed no health and safety issues. LPA observed the facility to be clean and organized, and found no health and safety issues. LPA observed the facility has a 2-day supply of perishables and a 7-day supply of non-perishable food is available as required by regulations. LPA observed the electricity and water were running and the facility had soap and paper towels.
LPA interviewed AD, W1, and S1 who corroborated and admitted the incident on 02/28/23 occurred as reported. AD and W1 apologized and stated the events should not have occurred as they did. AD and W1 stated that AD is in the process of selling the business to W1, that W1 will work at the facility as an employee house manager until the sale is finalized, and that W1 will submit an application for change of ownership, but that AD is still the owner of and in control of the facility. AD admitted that AD did not follow the proper procedures for a change of ownership, that the Department was not notified of the pending sale, and that residents and their responsible parties were not notified either. AD and W1 stated the deal they had to transfer ownership and/or control of the facility has been rescinded and moving forward they will follow the proper procedures for a change of ownership. AD stated that AD will ensure the facility is adequately staffed with trained, background cleared and associated staff, and that the facility will maintain up to date staff rosters and staff files. AD admitted that if the Department had not intervened, additional violations would have occurred, because W1 and W2, who were not trained or knowledgeable about the residents in care, would have dismissed the current staff, who were trained and knowledgeable, from the facility, leaving the residents without qualified staff to care for them.
During the course of the investigation, the Department obtained sufficient evidence to substantiate the allegation mentioned above. The preponderance of evidence standard has been met; therefore, the above allegation is Substantiated. See LIC9099D for cited deficiencies per Title 22 Division 6 of the California Code of Regulations. An exit interview was conducted and a copy of this report and appeal rights was discussed with and provided to facility representative. |