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32 | 9099C-2... The Administrator stated he has "not personally seen (S1) smoking" at the facility and has told S1 he cannot smoke marijuana at the facility and while providing care/supervision to the residents. Administrator stated to LPA in a follow up discussion, on 12/29/22, that if he receives information that marijuana smoke is coming from the facility he will immediately follow up with S1. Administrator stated on 12/9/22 he has video surveillance on his phone and would check to see if (S1) was smoking marijuana while on duty. Administrator stated to LPA on 1/11/23 that he did not find any video surveillance showing S1 to be smoking at the facility.
Based on information obtained, LPA finds the allegation to be UNSUBSTANTIATED-
Allegation: Facility smells of marijuana.
A neighbor nearby the facility stated she has smelled marijuana smoke coming over the fence into her yard on many occasions prior to 12/1/22 for over a year, off and on. The Department was provided with updated information that marijuana smoke was smelled coming from outside the facility on 12/24/22, 12/26/22 and on 12/28/22. LPA Calzada and LPA Hood toured the interior of the facility on 12/9/2023 and did not observe the facility to smell of marijuana or smoke. LPA's observed the windows in (2) resident rooms (1 was vacant) to be half open and each room to have a bottle of air freshener in the room. LPA's observed ash trays in the outside patio area and observed (2) residents to be smoking tobacco cigarettes outside during the inspection. One resident who was interviewed stated that residents that smoke will go outside to smoke. LPA Calzada toured the facility again on 1/11/23 and did not observe any smoke odors inside or outside.
Administrator stated he has not personally observed staff, S1, to ever smoke at the facility and has discussed with S1 how smoking marijuana while working with residents it not allowed. A family member who regularly visits resident (R3) stated he has only smelled tobacco smoke as some of the residents smoke outside on the back patio. The Administrator stated on 12/29/22 that he is at the facility everyday and didn't notice anything about staff smoking marijuana. One resident who was interviewed stated that residents that smoke will go outside to smoke. A second resident stated he has never smelled marijuana smoke inside or outside of the facility and has never observed (S1) to smell of smoke or marijuana.
Based on information obtained, LPA finds the allegation to be UNSUBSTANTIATED- A finding that the complaint is unsubstantiated means that although the allegation may have happened or is valid, there is not a preponderance of the evidence to prove that the alleged violation occurred.
Exit interview. Copy of report provided to Administrator. |