331800103-9-10-2021-18-AS-JESL-C82TWM-20211022150547

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 331800103
Report Date: 09/10/2021
Date Signed: 09/10/2021 01:41:23 PM

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1650 SPRUCE ST STE 200 MS29-27
RIVERSIDE, CA 92507

This is an official report of an unannounced visit/investigation of a complaint received in our office on
08/31/2021 and conducted by Evaluator Crystal Colvin

PUBLIC

COMPLAINT CONTROL NUMBER: 18-AS-20210831101752

FACILITY NAME:	LEGEND GARDENS		FACILITY NUMBER:	331800103
ADMINISTRATOR:	PENDING		FACILITY TYPE:	740
ADDRESS:	73685 CATALINA WAY		TELEPHONE:	(760) 773-3115
CITY:	PALM DESERT	STATE: CA	ZIP CODE:	92260
CAPACITY:	96	CENSUS: 36	DATE:	09/10/2021
		UNANNOUNCED	TIME BEGAN:	11:45 AM
MET WITH:	Carrie MacDonald - Community Relations Director		TIME COMPLETED:	02:00 PM

ALLEGATION(S):

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Staff are not providing a comfortable environment for residents

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Crystal Colvin arrived at the facility unannounced for the purpose of initiating an investigation for a complaint with the above allegation(s). LPA Colvin was granted entrance and met with Community Relations Director Carrie MacDonald. LPA Colvin informed Carrie of the purpose of the visit. Below is a summary of today's findings:

Regarding allegation "Staff are not providing a comfortable environment for residents": LPA Colvin toured the facility and conducted interviews with several staff members and over 30% of the current residents. The majority of persons interviewed by LPA Colvin confirmed that staff speak Spanish in front of the residents. Multiple persons interviewed stated that staff speaking Spanish in front of them makes them uncomfortable, as they do not know Spanish and do not understand what is being said. Interviews with staff confirmed that some staff speak Spanish in front of the residents, though it was stated that this is only done to either teach them Spanish or to communicate with residents who also speak Spanish. It should be noted that the majority of residents interviewed by LPA Colvin today do not speak Spanish.

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Joel Esquivel	TELEPHONE: (951) 248-0312
LICENSING EVALUATOR NAME: Crystal Colvin	TELEPHONE: (951) 204-0848
LICENSING EVALUATOR SIGNATURE:	DATE: 09/10/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/10/2021

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 18-AS-20210831101752

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1650 SPRUCE ST STE 200 MS29-27
RIVERSIDE, CA 92507

FACILITY NAME: LEGEND GARDENS	FACILITY NUMBER: 331800103
	VISIT DATE: 09/10/2021

NARRATIVE

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Therefore, based on interviews conducted, the allegation "Staff are not providing a comfortable environment for residents" is SUBSTANTIATED.

A finding that the complaint is SUBSTANTIATED means that the allegation(s) is valid because the preponderance of the evidence standard has been met.

An exit interview was conducted where this report and appeal rights were discussed. A copy of this report, LIC9099D, and appeal rights was provided to Community Relations Director Carrie MacDonald during the exit interview, as the facility currently does not have an Administrator.

SUPERVISOR'S NAME: Joel Esquivel	TELEPHONE: (951) 248-0312
LICENSING EVALUATOR NAME: Crystal Colvin	TELEPHONE: (951) 204-0848
LICENSING EVALUATOR SIGNATURE:	DATE: 09/10/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/10/2021

LIC9099 (FAS) - (06/04)

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Control Number 18-AS-20210831101752

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1650 SPRUCE ST STE 200 MS29-27
RIVERSIDE, CA 92507

FACILITY NAME: LEGEND GARDENS	FACILITY NUMBER: 331800103
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 09/10/2021

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 09/24/2021 Section Cited CCR 87468.1(a)(2)	1 2 3 4 5 6 7	Personal Rights of Residents in All Facilities: (a) Residents in all residential care facilities for the elderly shall have all of the following personal rights: (2) To be accorded safe, healthful and comfortable accommodations, furnishings and equipment. This requirement was not met as evidenced by:	1 2 3 4 5 6 7	Licensee agrees to have meeting (or meet with) all staff and discuss personal rights violation and imporatance of ensuring residents' comfort in all aspects of living environment. Licensee to obtain signature of understanding from each staff member after meeting, and provide copy to LPA Colvin.
	8 9 10 11 12 13 14	Based on interviews conducted, the Licensee did not comply with the above regulation with one aspect of environment (staff). LPA Colvin learned through interviews that staff speak Spanish in front of residents, which reportedly makes them uncomfortable. This is a pontential personal right violation of all residents in care.	8 9 10 11 12 13 14	Plan of Correction due by 9/24/21.
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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: Joel Esquivel	TELEPHONE: (951) 248-0312
LICENSING EVALUATOR NAME: Crystal Colvin	TELEPHONE: (951) 204-0848
LICENSING EVALUATOR SIGNATURE:	DATE: 09/10/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/10/2021

LIC9099 (FAS) - (06/04)

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