306006180-2-19-2025-22-AS-SSAS-DEC3AK-20250228170452

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 306006180
Report Date: 02/19/2025
Date Signed: 02/19/2025 04:32:25 PM

Unsubstantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE COUNTY RO, 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
11/05/2024 and conducted by Evaluator Kevin Saborit-Guasch

PUBLIC

COMPLAINT CONTROL NUMBER: 22-AS-20241105092819

FACILITY NAME:	VIVANTE NEWPORT CENTER		FACILITY NUMBER:	306006180
ADMINISTRATOR:	FOOTE, LIANA		FACILITY TYPE:	740
ADDRESS:	850 SAN CLEMENTE DR		TELEPHONE:	(760) 547-2863
CITY:	NEWPORT BEACH	STATE: CA	ZIP CODE:	92660
CAPACITY:	150	CENSUS: 140	DATE:	02/19/2025
		UNANNOUNCED	TIME BEGAN:	01:30 PM
MET WITH:	Bob Fiorentino, Senior Executive Director		TIME COMPLETED:	04:45 PM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

Facility staff failed to conduct necessary reassessment of a resident.
Facility staff did not address the presence of a resident assessed to be a danger to themselves and others on the premises.
Facility failed to notify a resident's responsible party of an incident.
Resident has been locked in their room by staff.

INVESTIGATION FINDINGS:

1
2
3
4
5
6
7
8
9
10
11
12
13

On this day, Licensing Program Analyst (LPA) Kevin Saborit-Guasch made an unannounced visit to the facility for the purpose of following up on the investigation of the four allegations listed above. LPA was greeted and granted entry by the front desk staff after introducing himself and stating the purpose of the visit. Senior Executive Director Bob Fiorentino was present and assisted throughout the visit.

An initial investigation visit was conducted on November 13, 2024. Licensing staff conducted a tour of the facility's six levels and common areas and requested resident records during the visit. Additional information was later provided via email.

During the present visit, LPA requested the current resident census and daily staff schedule. Licensing staff additionally conducted six staff interviews and two resident interviews.
CONTINUED ON FORM LIC9099-C

Unsubstantiated

Estimated Days of Completion:

SUPERVISORS NAME: Sheila Santos
LICENSING EVALUATOR NAME: Kevin Saborit-Guasch
LICENSING EVALUATOR SIGNATURE:	DATE: 02/19/2025

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/19/2025

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 2

Control Number 22-AS-20241105092819

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

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

FACILITY NAME: VIVANTE NEWPORT CENTER	FACILITY NUMBER: 306006180
	VISIT DATE: 02/19/2025

NARRATIVE

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32

CONTINUED FROM FORM LIC9099
Regarding the allegation that Facility staff failed to conduct necessary reassessment of a resident, the following has been concluded: Based on records reviewed and interviews conducted, resident R1 was admitted to the facility on October 31, 2023 and discharged in December 2024. During their period of admission, R1's care needs were documented as having been assessed on four instances in October and November 2023 as well as in May and November 2024. Given the presence of private caregivers for twelve hours a day then around the clock, the points-based needs assessment remained the same through R1's admission.

Regarding the allegation that Facility staff did not address the presence of a resident assessed to be a danger to themselves and others on the premises, the following has been concluded: Resident R2 was admitted as a secondary occupant to R1's apartment on the same date. Besides documentation of an altercation between R1 and R2 which had been reported to the Department, no evidence of any health and safety concerns posed by R2 were provided during the investigation.

Regarding the allegation that Facility failed to notify a resident's responsible party of an incident, incident reports and communications reviewed appear to indicate that each serious incident involving R1's or another resident's health and safety were adequately reported to the Department, R1's primary care physician as well as to R1's responsible party.

Regarding the allegation that Resident has been locked in their room by staff, the following has been concluded: Based on records reviewed and interviews conducted, R1's period of admission was spent in Assisted Living. Throughout this period, the resident is described as having retained the ability to attend meals in the dining room as well as attend the outdoor patio, entertainment activities and the facility's pool in addition to frequent outings in the community. No evidence was provided of the resident's freedom of movement being restricted further than the requirement of being continuously attended by facility staff or private caregivers.

As a result, all four allegations are found to be Unsubstantiated, meaning that although the allegations may have happened or are valid, there is not a preponderance of evidence to prove that the alleged violations occurred. An exit interview was conducted and a copy of this report and confidential names list was provided to facility representative.

SUPERVISORS NAME: Sheila Santos
LICENSING EVALUATOR NAME: Kevin Saborit-Guasch
LICENSING EVALUATOR SIGNATURE:	DATE: 02/19/2025

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/19/2025

LIC9099 (FAS) - (06/04)

Page: 2 of 2