331880731-5-17-2023-56-AS-EMAN-CRWVWW-20230517164838

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 331880731
Report Date: 05/17/2023
Date Signed: 05/17/2023 01:09:59 PM

Unsubstantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN BERNARDINO, 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
12/19/2022 and conducted by Evaluator Ryan Gardner

PUBLIC

COMPLAINT CONTROL NUMBER: 56-AS-20221219115442

FACILITY NAME:	MCT HOME		FACILITY NUMBER:	331880731
ADMINISTRATOR:	APODACA, CHRISTOPHER J		FACILITY TYPE:	735
ADDRESS:	31376 TULETTE LN		TELEPHONE:	(714) 414-2246
CITY:	WINCHESTER	STATE: CA	ZIP CODE:	92596
CAPACITY:	4	CENSUS: 4	DATE:	05/17/2023
		UNANNOUNCED	TIME BEGAN:	12:38 PM
MET WITH:	Nikki Von Jena- House Manager		TIME COMPLETED:	01:20 PM

ALLEGATION(S):

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Staff sexually assaulted resident while in care.

INVESTIGATION FINDINGS:

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Licensing Program Analysts (LPAs) Ryan Gardner and Mary Rico made an unannounced visit to the facility to conclude and issue findings for the investigation that was initiated on 12/20/2022. LPAs stated the purpose of the visit and was granted entry and met with House Manager Nikki Von Jena.

For allegation, Staff sexually assaulted resident while in care:

The investigation was conducted by an IB Investigator which included a review of resident R1’s facility records, an interview with the victim (R1), an interview with Inland Regional Center, interviews with six (6) facility staff, interviews with two (2) residents, an attempted interview with the suspected abuser (SA), an interview with the SA’s lawyer, an interview with law enforcement, and records obtained from the police department.

Unsubstantiated

Estimated Days of Completion:

SUPERVISORS NAME: Efren Malagon
LICENSING EVALUATOR NAME: Ryan Gardner
LICENSING EVALUATOR SIGNATURE:	DATE: 05/17/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/17/2023

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 56-AS-20221219115442

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

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

FACILITY NAME: MCT HOME	FACILITY NUMBER: 331880731
	VISIT DATE: 05/17/2023

NARRATIVE

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During interview with victim (R1), R1 stated that the SA touched R1 inappropriately after the SA helped R1 take a shower. R1 could not remember how many times the SA had touched R1 inappropriately. R1 stated no one else was present to view the inappropriate touching.

During interview with the licensee, the licensee stated that prior to R1 reporting this allegation, there were no reports of inappropriate behavior regarding the SA. The SA did not admit to sexually abusing R1.

During interviews with staff, staff stated they never saw any sexual behaviors from the SA. R1 never reported sexual behaviors to the staff, and they never noticed any unusual behaviors after R1 was interacting with the SA. The staff stated that R1 was very demanding and would get upset when they didn’t get their way. The staff stated that R1 would make up stories that were not true. Overall, the staff did not have any concerns that the SA ever had any inappropriate behaviors with R1 or any other residents.

During interviews with residents, the residents voiced no concerns and stated that they had not seen anyone get hurt or touched inappropriately at the facility by the SA or any other staff.

During the interview with the suspected abuser (SA), the SA refused to give a statement to the investigator and the (SA)’s attorney advised SA to refuse to be interviewed.

During law enforcement’s interview with the SA, law enforcement attempted to interview the SA. The SA would not provide a statement and referred law enforcement to the SA’s lawyer. Due to no statement, law enforcement was not able to determine if a crime was committed.

During document review, there was nothing observed in R1’s facility file or in the documents received from the police department that indicated sexual abuse had occurred at the facility by the SA.

Based on evidence obtained, the allegation listed above is UNSUBSTANTIATED. A finding that the complaint is UNSUBSTANTIATED means although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur.

During today’s visit, no deficiencies were cited per Title 22, Division 6, of the California Code of Regulations.

SUPERVISORS NAME: Efren Malagon
LICENSING EVALUATOR NAME: Ryan Gardner
LICENSING EVALUATOR SIGNATURE:	DATE: 05/17/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/17/2023

LIC9099 (FAS) - (06/04)

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Control Number 56-AS-20221219115442

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

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

FACILITY NAME: MCT HOME	FACILITY NUMBER: 331880731
	VISIT DATE: 05/17/2023

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	An exit interview was conducted, and this report (LIC9099) was discussed and provided to House Manager Nikki Von Jena along with a copy of the appeal rights.

SUPERVISORS NAME: Efren Malagon
LICENSING EVALUATOR NAME: Ryan Gardner
LICENSING EVALUATOR SIGNATURE:	DATE: 05/17/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/17/2023

LIC9099 (FAS) - (06/04)

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