361880991-10-19-2024-56-AS-EMAN-DAJLQ4-20241030085651

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 361880991
Report Date: 10/19/2024
Date Signed: 10/19/2024 12:04:33 PM

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
, CA 92507

This is an official report of an unannounced visit/investigation of a complaint received in our office on
03/26/2024 and conducted by Evaluator Melody Brown

PUBLIC

COMPLAINT CONTROL NUMBER: 56-AS-20240326155424

FACILITY NAME:	BEST CARE GUEST HOME		FACILITY NUMBER:	361880991
ADMINISTRATOR:	GARCIA, RICHIE		FACILITY TYPE:	740
ADDRESS:	817 S OAKS AVENUE		TELEPHONE:	(909) 638-8871
CITY:	ONTARIO	STATE: CA	ZIP CODE:	91762
CAPACITY:	14	CENSUS: 12	DATE:	10/19/2024
		UNANNOUNCED	TIME BEGAN:	09:45 AM
MET WITH:	Licensee/Administrator Richie Garcia		TIME COMPLETED:	12:05 PM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

Facility staff sexually abused resident.
Staff inappropriately touched resident.
Staff does not ensure resident is provided personal privacy during meetings.

INVESTIGATION FINDINGS:

1
2
3
4
5
6
7
8
9
10
11
12
13

On 10/19/2024 at 09:45 AM, Licensing Program Analyst (LPA), Melody Brown, visited the facility to deliver the investigative findings for the above allegations. LPA Brown identified herself and discussed the purpose of the visit with Licensee/Administrator Richie Garcia.

The investigation of the two (2) allegations were conducted by Department staff. The investigation consisted of file review and interviews with relevant parties. The first allegation indicates that facility staff sexually abused resident. Department staff interviewed Resident #1 (R1) who reported allegedly being sexual abused sometime last year but R1 could not provide any specific corresponding dates. Documents review indicated that R1 suffers from mental disorders. In addition, the Department noted that their interview with R1 was inconsistent of what occurred. Moreover, interview with R1’s family provided a pertinent history of R1’s mental condition and they stated that R1 was making a false claim due to R1 previous constant false claims of similar nature. **Continuation in LIC9099C***

Unsubstantiated

Estimated Days of Completion:

SUPERVISORS NAME: Efren Malagon
LICENSING EVALUATOR NAME: Melody Brown
LICENSING EVALUATOR SIGNATURE:	DATE: 10/19/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/19/2024

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

LIC9099 (FAS) - (06/04)

Page: 1 of 3

Control Number 56-AS-20240326155424

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
, CA 92507

FACILITY NAME: BEST CARE GUEST HOME	FACILITY NUMBER: 361880991
	VISIT DATE: 10/19/2024

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

Based on the evidence, there were no witnesses or documented reports corroborating that facility staff sexually abused R1.

The second allegation indicates staff inappropriately touched resident. Interview with R1 indicated that Staff #2 (S2) inappropriately touched R1. During the Department investigation, it was reported that in 03/2024, R1 was assisting S2 on the computer and S2 thanked R1 by giving R1 a kiss on R1’s forehead. Staff interviews revealed that the kiss that S2 gave to R1 was merely an act of kindness and there was no bad or sexual intention behind this act. Interviews with staff and R1’s family indicated that R1 felt triggered by S2’s kiss and due to R1’s mental status, R1 added more false details regarding S2’s gesture. The Department noted that other staff was present and denied further allegation of S2 inappropriately touching R1. Due to insufficient evidence, the Department was not able to corroborate the allegation that staff inappropriately touched resident.

The third allegation indicates staff does not ensure resident is provided personal privacy during meetings. During the investigation, LPA Brown did not find evidence to corroborate the allegation. Interviews with R1 on 10/19/2024 indicated that staffs at the facility are ensuring that they are providing R1 personal privacy during R1's meetings either with family or therapist both in person or via zoom. R1 added that staffs are closing R1's door during R1's meeting to give R1 personal privacy and R1 also showed LPA Brown that there's a sign that R1 puts on R1's door that indicates "In Therapy Session! Please do not disturb." Interview with R1 revealed that there's no incident that happened at the facility that a staff did not ensure that R1's provided personal privacy during R1's meetings. Eight (8) of eight (8) residents interviewed on 10/19/2024 reported to LPA Brown that staffs at the facility are ensuring that they are provided the personal privacy during their meetings with their family, their therapist, social worker or their doctor. Interviews with five (5) of five (5) staff on 10/19/2024 indicated that they are providing R1 personal privacy during R1's meetings either in person or via zoom. Staffs interviewed reported to LPA Brown that they are all ensuring that all their residents at the facility were provided their personal privacy during their meetings in person or via zoom. Interviews with five (5) of five (5) staff revealed that there's no incident that happened at the facility that they did not ensure that their residents at the facility were provided their personal privacy during their meetings.

Therefore, based on the evidence obtained during the Department's investigation, there is insufficient evidence to prove that that facility staff sexually abused resident (Allegation #1), ***Cont. in LIC9099C***

SUPERVISORS NAME: Efren Malagon
LICENSING EVALUATOR NAME: Melody Brown
LICENSING EVALUATOR SIGNATURE:	DATE: 10/19/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/19/2024

LIC9099 (FAS) - (06/04)

Page: 2 of 3

Control Number 56-AS-20240326155424

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
, CA 92507

FACILITY NAME: BEST CARE GUEST HOME	FACILITY NUMBER: 361880991
	VISIT DATE: 10/19/2024

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

staff inappropriately touched resident (allegation #2) and staff does not ensure resident is provided personal privacy during meetings (allegation #3) are unsubstantiated at this time. Although the allegation of facility staff sexually abused resident, staff inappropriately touched resident and staff does not ensure resident is provided personal privacy during meetings may have happened or are valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur, therefore the allegation is unsubstantiated at this time.

An exit interview was conducted where this report (LIC9099) was discussed and provided to Licensee/Administrator Richie Garcia.

SUPERVISORS NAME: Efren Malagon
LICENSING EVALUATOR NAME: Melody Brown
LICENSING EVALUATOR SIGNATURE:	DATE: 10/19/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/19/2024

LIC9099 (FAS) - (06/04)

Page: 3 of 3