331880776-4-13-2023-18-AS-JESL-CRBVT2-20230428164226

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 331880776
Report Date: 04/13/2023
Date Signed: 04/13/2023 10:56:09 AM

Unsubstantiated

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
11/28/2022 and conducted by Evaluator Jesse Gardner

PUBLIC

COMPLAINT CONTROL NUMBER: 18-AS-20221128152452

FACILITY NAME:	WESTMONT VILLAGE		FACILITY NUMBER:	331880776
ADMINISTRATOR:	KEITH KASIN		FACILITY TYPE:	740
ADDRESS:	17050 ARNOLD DRIVE		TELEPHONE:	(951) 697-2100
CITY:	RIVERSIDE	STATE: CA	ZIP CODE:	92518
CAPACITY:	225	CENSUS: 173	DATE:	04/13/2023
		UNANNOUNCED	TIME BEGAN:	10:07 AM
MET WITH:	Vivian Villegas, Administrator		TIME COMPLETED:	11:45 AM

ALLEGATION(S):

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Staff sexually assaulted resident while in care.

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Jesse Gardner conducted an unannounced visit to deliver the findings of the above allegation. The Department conducted an investigation for the allegation(s) noted above; interviews were conducted with residents and witnesses, reviewed facility records and toured the facility.

An allegation was received stating resident was sexually abused while in care. Interview with R1 maintains that Staff One (S1) inappropriately touched R1 on several occasions, while providing massage services in R1’s apartment.

Continued on LIC9099-C.

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Deborah Mullen	TELEPHONE: (951) 248-0313
LICENSING EVALUATOR NAME: Jesse Gardner	TELEPHONE: (951) 205-2683
LICENSING EVALUATOR SIGNATURE:	DATE: 04/13/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/13/2023

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 18-AS-20221128152452

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: WESTMONT VILLAGE	FACILITY NUMBER: 331880776
	VISIT DATE: 04/13/2023

NARRATIVE

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S1 is not an employee of the licensed facility but works for a third-party agency noted as Orthopedic Neurological Rehabilitation (ONR) and has an office at Westmont Village grounds. Interviews revealed that three months leading to the incident, S1 had seen R1 approximately two times for therapy.

S1 stated that R1 was fully dressed during every massage and if a part of the body could have been exposed, a towel would have been used to cover the body part. S1 stated that the process of each treatment were explained to R1. When questioned, S1 denied any form of inappropriate touching. S1 was also asked if there was something that was done during the massage that could have been perceived as inappropriate; S1 stated that due to R1's sciatica, it involves the glutes and thighs, but S1 reiterated that S1 informed R1 of the areas to be worked on, and R1 never pushed back and was very welcoming of the treatment.

The incident was reported to Law Enforcement. A review of said concluded that “there was no elder abuse and the report was written for documentation only.”

In addition, four residents were interviewed and reported that they all received services from S1’s therapy service without any complaints or concerns regarding inappropriate behavior. Based on the totality of the evidence, LPA was unable to corroborate or dismiss the allegation; as such the allegation that staff sexually assaulted resident while in care, is thereby found to be Unsubstantiated.

A finding of UNSUBSTANTIATED means that 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.

SUPERVISOR'S NAME: Deborah Mullen	TELEPHONE: (951) 248-0313
LICENSING EVALUATOR NAME: Jesse Gardner	TELEPHONE: (951) 205-2683
LICENSING EVALUATOR SIGNATURE:	DATE: 04/13/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/13/2023

LIC9099 (FAS) - (06/04)

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