347005215-8-27-2021-25-AS-SCAA-C6AU4C-20210827151456

Community Care Licensing

FACILITY EVALUATION REPORT

Facility Number: 347005215
Report Date: 08/27/2021
Date Signed: 08/27/2021 03:15:09 PM

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

FACILITY EVALUATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 520 COHASSET RD., STE. 170
CHICO, CA 95926

FACILITY NAME:	ABUNDANT LOVE AND CARE FOR THE ELDERLY		FACILITY NUMBER:	347005215
ADMINISTRATOR:	BONITE, VIRGINIA		FACILITY TYPE:	740
ADDRESS:	2607 WALNUT AVENUE		TELEPHONE:	(916) 481-6817
CITY:	CARMICHAEL	STATE: CA	ZIP CODE:	95608
CAPACITY:	6	CENSUS: 6	DATE:	08/27/2021
TYPE OF VISIT:	Case Management - Legal/Non-compliance	UNANNOUNCED	TIME BEGAN:	02:15 PM
MET WITH:	Virginia Bonite, Administrator		TIME COMPLETED:	03:25 PM

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	On August 27, 2021, Licensing Program Analysts (LPA's) Sabrina Calzada and Michael Hood met with Licensee of Abundant Love and Care for the Elderly, Virginia Bonite, at approximately 2:15 pm. Administrator confirmed there are (5) residents present and (1) resident is currently at the hospital. Prior to initiating today's inspection, LPA's completed required COVID-19 testing protocols, contacted the facility to confirm there are currently no positive Covid-19 diagnoses, completed a daily self-screening questionnaire for symptoms of COVID-19 infection to affirm no COVID-19 related symptoms and completed a facility risk assessment. Additionally, LPA's were screened per Covid-19 precautionary measures upon entering the community. LPA's ensured they applied hand sanitizer before entering the facility and the following Personal Protective Equipment (PPE) was worn: double surgical mask and an N95 mask. This report is for a case management visit to follow up on deficiencies cited during an inspection conducted on September 5, 2018, which determined that the facility did not have adequate staff to care for residents with dementia and did not ensure resident (R1) was accorded dignity. On September 5, 2018, the Department concluded a complaint investigation and substantiated an allegation that a resident (R1) was sexually assaulted by another resident (R2) due to a lack of supervision. The allegation was substantiated, and the licensee was cited for violating California Code of Regulations (CCR) Title 22, § 87705(c)(4)(A) Care of Persons with Dementia – (c) Licensees who accept and retain residents with dementia shall be responsible for ensuring the following: (4) There is an adequate number of direct care staff to support each resident’s physical, social, emotional, safety and health care needs as identified in his/her current appraisal. (A) In addition to requirements specified in Section 87415, Night Supervision, a facility with fewer than 16 residents shall have at least one night staff person awake and on duty if any resident with dementia is determined through a pre-admission appraisal, reappraisal or observation to require awake night supervision. continued on 809(C)...

SUPERVISOR'S NAME: Maribeth Senty	TELEPHONE: (916) 263-4813
LICENSING EVALUATOR NAME: Sabrina Calzada	TELEPHONE: (510) 829-2133
LICENSING EVALUATOR SIGNATURE:	DATE: 08/27/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/27/2021

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC809 (FAS) - (06/04)

Page: 1 of 3

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

FACILITY EVALUATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 520 COHASSET RD., STE. 170
CHICO, CA 95926

FACILITY NAME: ABUNDANT LOVE AND CARE FOR THE ELDERLY	FACILITY NUMBER: 347005215
	VISIT DATE: 08/27/2021

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

The licensee was also cited for CCR Title 22 Section 87468(a)(1) Personal Rights - Residents in residential care facilities for the elderly shall have personal rights which include, but are not limited to, those listed in § 87468.1, Personal Rights of Residents in All Facilities, and 87468.2, Additional Personal Rights of Residents in Privately Operated Facilities, as applicable to the facility. (1) "Privately operated facility" means a residential care facility for the elderly that is licensed to an individual, firm, partnership, association, or corporation

During the investigation, the Department conducted interviews and reviewed records pertinent to the reported incident. The local County Sheriff’s Department obtained an account of the incident from R1 regarding the sexual assault. R2 corroborated R1’s account to the local County Sheriff’s and admitted to sexually assaulting R1. The Department obtained video surveillance footage from May 30, 2018. The recording showed R2 entering R1’s bedroom and remaining in the bedroom for eight minutes.

Based on the facility’s plan of operation, the facility is required to have awake overnight staff for clients with dementia if the resident’s appraisal indicates such care as necessary. R2’s pre-placement appraisal dated September 27, 2017 identified R2 as a resident with a diagnosis of dementia in need of special observation and supervision due to confusion and wandering. Interviews with facility staff and R1 indicated that overnight facility staff are not awake at night. On the date of the incident, May 30, 2018, there was one staff on duty who was sleeping at the time of the incident.

Based on observation, interviews, and records, the licensee did not ensure facility staff provided awake night supervision for R2 that resulted in R2 sexually assaulting R1.

At the time of the visit on September 5, 2018, the issuance of an immediate civil penalty for $500 was issued and the licensee was informed that an additional civil penalty might be assessed based on Health and Safety Code § 1569.49.

The Department has concluded an analysis and has determined that a civil penalty is warranted for physical abuse based on Penal Code §243.4(e)(1). "Physical abuse" is defined in Welfare and Institutions Code section 15610.63(e)(1) as: "sexual battery, as defined in Section 243.4 of the Penal Code". Penal Code §243.4(e)(1) defines sexual battery as "Any person who touches an intimate part of another person, if the touching is against the will of the person touched, and is for the specific purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of misdemeanor sexual battery".

continued on 809C (2)...

SUPERVISOR'S NAME: Maribeth Senty	TELEPHONE: (916) 263-4813
LICENSING EVALUATOR NAME: Sabrina Calzada	TELEPHONE: (510) 829-2133
LICENSING EVALUATOR SIGNATURE:	DATE: 08/27/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/27/2021

LIC809 (FAS) - (06/04)

Page: 3 of 3

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

FACILITY EVALUATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 520 COHASSET RD., STE. 170
CHICO, CA 95926

FACILITY NAME: ABUNDANT LOVE AND CARE FOR THE ELDERLY	FACILITY NUMBER: 347005215
	VISIT DATE: 08/27/2021

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

Today, August 27, 2021, the Department will be issuing a civil penalty per Health and Safety Code § 1569.49, for a violation that the Department constitutes as physical abuse in the amount of $10,000. However, since an immediate civil penalty of $500 was issued on September 5, 2018, the amount of the civil penalty today will be $9,500.

A copy of the LIC 421D was given to the licensee.

Exit interview conducted. Appeal Rights provided. A copy of the report issued. Virginia Bonite's signature on this report acknowledges receipt of these rights, found on page 2 of LIC 421D.

Administrator stated to LPA's on 8/27/2021 that she plans to file an appeal on the penalty being issued today.

SUPERVISOR'S NAME: Maribeth Senty	TELEPHONE: (916) 263-4813
LICENSING EVALUATOR NAME: Sabrina Calzada	TELEPHONE: (510) 829-2133
LICENSING EVALUATOR SIGNATURE:	DATE: 08/27/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/27/2021

LIC809 (FAS) - (06/04)

Page: 2 of 3