336425690-9-8-2021-18-AS-TDAN-D7VP36-20240806105702

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 336425690
Report Date: 09/08/2021
Date Signed: 09/08/2021 04:32:17 PM

Substantiated

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
08/30/2021 and conducted by Evaluator Yolanda Delgado

COMPLAINT CONTROL NUMBER: 18-AS-20210830164618

FACILITY NAME:	MORNING GLORY SENIOR CARE		FACILITY NUMBER:	336425690
ADMINISTRATOR:	LUCENA, EFREN		FACILITY TYPE:	740
ADDRESS:	11327 MORNING GLORY COURT		TELEPHONE:	(951) 840-4182
CITY:	RIVERSIDE	STATE: CA	ZIP CODE:	92503
CAPACITY:	6	CENSUS: 0	DATE:	09/08/2021
		UNANNOUNCED	TIME BEGAN:	03:00 PM
MET WITH:	Efren Lucena, Administrator		TIME COMPLETED:	04:45 PM

ALLEGATION(S):

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Illegal evictio

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Yolanda Delgado conducted an unannounced visit to investigate the allegation above. The LPA met with Efren Lucena.

An interview with the administrator confirmed an eviction notice had been served to Resident (R1). Records reviewed revealed the eviction notice did not meet the regulation requirements. The licensee's eviction notice failed to include the effective date of the closure of the facility, a copy of R1's current service plan, a relocation evaluation, a list of referral agencies, and also did not include the local long-term care obudsman's address and telephone number. Additionally, the eviction notice provided to R1 did not include a statement informing R1 of their right to file a complaint with the licensing agency and the licensing agency's name, address, and telephone number. The licensee's eviction notice also failed to include the exact statement as specified in Health and Safety Code Section 1569.683(a)(4) which includes information on resident not being evicted after effective date unless served by unlawful detainer action in Superior Court and receive a written judgment signed by a judge, the resident must be served with a summons and complaint and the resident has the right to contest the eviction in writing and through a hearing.

The eviction notice served to R1 was not in compliance with the applicable regulations. This poses an immediate personal rights risk to R1.

Based on LPA's observations, interviews, and record reviews which were conducted, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations, (Title 22, Division 6 & Chapter 8), is being cited on the attached LIC9099D. An exit interview was conducted where this report, LIC9099D and appeal rights were provided to Administrator Efren Lucena.

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Efren Malagon	TELEPHONE: (951) 248-0337
LICENSING EVALUATOR NAME: Yolanda Delgado	TELEPHONE: (951) 203-0337
LICENSING EVALUATOR SIGNATURE:	DATE: 09/08/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/08/2021

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-20210830164618

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: MORNING GLORY SENIOR CARE	FACILITY NUMBER: 336425690
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 09/08/2021

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 09/09/2021 Section Cited HSC 87244(a)(5)(A)	1 2 3 4 5 6 7	EVICTION PROCEDURES (a) The licensee may evict a resident for one or more of the reasons listed in Section 87244(a)(1) through (5). Thirty (30) days written notice to the resident is required except as otherwise	1 2 3 4 5 6 7	Licensee will submit a statement of understanding on the section of Health and Safety Code 87244 Eviction Procedure by POC September 9, 2021 to LPA Yolanda Delgado
	8 9 10 11 12 13 14	specified in paragraph (5) Change of use of the facility. (A) The licensee may, upon no less than sixty (60) days written notice, evict a resident due to change of use of the facility. 1. In addition to written notice to quit requirements specified in Section 87244(d), written notice to evict due to change of use of the facility shall be made to the resident or the resident's responsible person and shall include all requirements specified in Section 1569.682(a)(2)(A) through (F) of the Health and Safety Code. This requirement is not met as evidenced by: Licensee did not provide a lawful eviction notice. Based on record review, licensee failed to list the specifically required information in R1's eviction letter. This poses an immediate personal rights risk to residents in care	8 9 10 11 12 13 14	Due to all residents moved from facility. Licensee cannot rescind the illegal eviction.
	1 2 3 4 5 6 7		1 2 3 4 5 6 7
	1 2 3 4 5 6 7		1 2 3 4 5 6 7

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: Efren Malagon	TELEPHONE: (951) 248-0337
LICENSING EVALUATOR NAME: Yolanda Delgado	TELEPHONE: (951) 203-0337
LICENSING EVALUATOR SIGNATURE:	DATE: 09/08/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/08/2021

LIC9099 (FAS) - (06/04)

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