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 | The facility program design stated that care and supervision is provided 24/7. Per program design, on-duty staff are expected to be awake during the NOC shift. Additionally, it was learned that staff have been trained on the Program Design and the 24/7 care and supervision requirements, including that they must be awake during the NOC shift, even when clients are asleep.
Based on medical records, interviews and facility record reviews, the licensee did not ensure that care and supervision was provided at all times. Staff on duty were asleep when the incident occurred even though they were required to be awake. The Plan of Operation/Program Design requires that staff provide 24/7 care and supervision. Moreover, the licensee did not ensure C1 was accorded with dignity, safe and healthful accommodations. As a result, C1 was raped and sexually assaulted by C2 while in care.
At the time of the complaint visit on July 20, 2022, the issuance of a civil penalty was still being determined and the licensee was informed that a civil penalty might be assessed based on Health and Safety Code § 1548.
The Department has concluded an analysis and has determined that a civil penalty is warranted for physical abuse as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code.
Today, June 1, 2023, the Department is issuing a civil penalty per Health and Safety Code § 1548 for a violation that the Department constitutes as a serious bodily injury in the amount of $10,000.
A copy of the LIC 421D was given to Sierras and originals were signed.
Exit interview conducted. A copy of the report issued. Appeal Rights provided. Sierras's signature on this report acknowledges receipt of the Appeal Rights, found on page two of LIC 421D. |