306005789-4-26-2022-22-AS-AORZ-CDWTDN-20220428143834

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 306005789
Report Date: 04/26/2022
Date Signed: 04/26/2022 12:09:55 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, 770 THE CITY DR., SUITE 7100
ORANGE, CA 92868

This is an official report of an unannounced visit/investigation of a complaint received in our office on
11/22/2021 and conducted by Evaluator Kimberly Lyman

COMPLAINT CONTROL NUMBER: 22-AS-20211122170311

FACILITY NAME:	ATRIA NEWPORT BEACH		FACILITY NUMBER:	306005789
ADMINISTRATOR:	RODNY, BENJAMIN		FACILITY TYPE:	740
ADDRESS:	393 HOSPITAL ROAD		TELEPHONE:	(949) 631-3555
CITY:	NEWPORT BEACH	STATE: CA	ZIP CODE:	92663
CAPACITY:	195	CENSUS: 77	DATE:	04/26/2022
		UNANNOUNCED	TIME BEGAN:	10:41 AM
MET WITH:	George Gonzalez		TIME COMPLETED:	11:15 AM

ALLEGATION(S):

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Neglect/Lack of Care and Supervision resulting in client on client sexual assault.

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Kimberly Lyman conducted an unannounced complaint visit to deliver findings on the above allegation. LPA was greeted and granted entry into the facility by Administrator George Gonzalez and explained the reason for the visit. During the course of the investigation, the Department interviewed staff and witnesses as well as reviewed and obtained pertinent documentation such as ring video surveillance dated 11/10/2021 and well as physician reports dated 04/16/2021 and 04/28/2021. Regarding the allegation of neglect/lack of care and supervision resulting in client on client sexual assault, the investigation revealed the following:
On 11/10/2021, Resident 1 (R1) was observed by staff to be entering Resident 2’s (R2) apartment. Due to the marital status of R1, staff considered the entrance suspicious and notified their supervisor. The supervisor and staff entered the apartment and observed both residents in the apartment but no suspicious activity at the time. The facility notified R2’s Responsible Party of the incident who then observed footage from a Ring video surveillance previously placed in R2’s room. CONTINUED ON LIC 9099C DATED 04/26/2021.

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Alisa Ortiz	TELEPHONE: (714) 703-2855
LICENSING EVALUATOR NAME: Kimberly Lyman	TELEPHONE: (714) 795-1497
LICENSING EVALUATOR SIGNATURE:	DATE: 04/26/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/26/2022

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 22-AS-20211122170311

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 770 THE CITY DR., SUITE 7100
ORANGE, CA 92868

FACILITY NAME: ATRIA NEWPORT BEACH	FACILITY NUMBER: 306005789
	VISIT DATE: 04/26/2022

NARRATIVE

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Upon review, the video surveillance dated 11/10/2021 showed R1 kissing, hugging, and fondling R2 and R1 responding to the interaction. During the video, R2 was observed to be alternating between crying and encouraging R1's advances. . During periods where R2 was observed to be crying, R2 can be heard via the footage acknowledging that they were unaware why they were crying. The interaction appears to be consensual.
R2’s Responsible Party notified the facility about the interaction captured by the Ring camera and law enforcement was notified. The Department interviewed both residents on 12/01/2021 and Newport Beach Detective Kelly Maslin interviewed both residents on 11/12/2021 and noted that R2 did not remember the incident; However, R1 did recall the incident and stated it was consensual. After being notified of the incident, the facility Administrator moved R2’s room to a different area of the facility and has instructed staff to check on R2 every two hours. Both residents reside in assisted living. Per physician report dated 04/28/2021, R1 is diagnosed with Mild Cognitive Impairment as well as R2 per report dated 04/16/2021. Both residents are fairly independent with minimal assistance. Per interview with Newport Beach Detective Kelly Maslin and video surveillance, the interaction appears to be consensual and Newport Beach Police Department will not be seeking further action. Based on the video surveillance and lack of information provided by the residents, it is difficult to determine the nature of the relationship. Therefore, the allegation is deemed unsubstantiated, meaning that although the allegation may have happened or are valid, there is not a preponderance of the evidence to prove that the alleged violation occurred. An exit interview was conducted with Administrator and a copy of this report was provided to facility.

SUPERVISOR'S NAME: Alisa Ortiz	TELEPHONE: (714) 703-2855
LICENSING EVALUATOR NAME: Kimberly Lyman	TELEPHONE: (714) 795-1497
LICENSING EVALUATOR SIGNATURE:	DATE: 04/26/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/26/2022

LIC9099 (FAS) - (06/04)

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