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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 366401612
Report Date: 04/21/2025
Date Signed: 04/21/2025 10:27:19 AM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN BERNARDINO ASC, 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
02/07/2023 and conducted by Evaluator Lavette Farlow
COMPLAINT CONTROL NUMBER: 56-AS-20230207113235
FACILITY NAME:BROTHERS HOME HEALTH CARE, INC.FACILITY NUMBER:
366401612
ADMINISTRATOR:MARLIA, DOMINIC J.FACILITY TYPE:
735
ADDRESS:240 W. HAWTHORNE STREETTELEPHONE:
(909) 586-5797
CITY:RIALTOSTATE: CAZIP CODE:
92376
CAPACITY:6CENSUS: 1DATE:
04/21/2025
UNANNOUNCEDTIME BEGAN:
08:40 AM
MET WITH:Toni FNU, CaregiverTIME COMPLETED:
10:35 AM
ALLEGATION(S):
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Staff sexually abused residents.
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) LaVette Farlow conducted an unannounced visit to deliver findings on the allegations listed above. LPA met with Toni FNU, Caregiver and explained the purpose of the visit. The investigation conducted by department staff consisted of staff interviews, resident interviews and document review.

For the allegation, Staff sexually abused resident.

Department Staff conducted four (4) staff interviews. Staff one (S1) stated never behaving inappropriately with residents in care. S1 stated they assisted residents with shower, but never fondled them. S1 stated they would wash R1’s breast and buttocks with a rag to ensure R1 did not get boils. S1 admitted to assisting R1 with shower four times, but stopped. S1 denied washing any resident’s vaginal area. S2 and S3 stated they assisted with resident’s shower and to their knowledge S1 never assisted with showers. S2, S3, and S4 stated R1 can complete personal hygiene with very little assistance if any.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Nedra Brown
LICENSING EVALUATOR NAME: Lavette Farlow
LICENSING EVALUATOR SIGNATURE:

DATE: 04/21/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/21/2025
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-20230207113235
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN BERNARDINO ASC, 1650 SPRUCE ST STE 200 MS29-27
RIVERSIDE, CA 92507
FACILITY NAME: BROTHERS HOME HEALTH CARE, INC.
FACILITY NUMBER: 366401612
VISIT DATE: 04/21/2025
NARRATIVE
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S2 and S3 stated they are not aware of any inappropriate behavior with S1 and R1, or any other residents in care. Department staff conducted five (5) resident interviews.

Two (2) out of five (5) residents indicated they experience inappropriate relations with S1 or observed S1 behave inappropriately with other residents in care. Resident one (R1) stated S1 engaged in sexual conduct with R1, Resident two (R2), and Resident Three (R3).

R1 stated S1 would have R3 watch R1 and S1 engaging in sexual acts. Resident four (R4) stated they observed S1 touch R1 breast. Resident two (R2), Resident three (R3), and Resident five (R5) were unable to articulate or express themselves clearly together sufficient evidence to assist with the investigation findings due to their disabilities.

Based on the evidence gathered during the investigation, the allegation listed above is deemed SUBSTANTIATED. A finding that the complaints are SUBSTANTIATED means that the allegations are valid because the preponderance of evidence the standard has been met.

An immediate civil penalty is assessed for $500.00, per Health and Safety Code 1548 (c). In addition, an additional review is being conducted and additional civil penalty may be imposed per Health and Safety Code 1569.49 (f).

An exit interview was conducted and read over the phone to Elia M. Marlia and Caregiver Toni FNU was present, a copy of this report, LIC9099, LIC9099C, LIC9099D, LIC421IM, and appeal rights were provided to Caregiver, Toni FNU.
SUPERVISORS NAME: Nedra Brown
LICENSING EVALUATOR NAME: Lavette Farlow
LICENSING EVALUATOR SIGNATURE:

DATE: 04/21/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/21/2025
LIC9099 (FAS) - (06/04)
Page: 3 of 3
Control Number 56-AS-20230207113235
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN BERNARDINO ASC, 1650 SPRUCE ST STE 200 MS29-27
RIVERSIDE, CA 92507

FACILITY NAME: BROTHERS HOME HEALTH CARE, INC.
FACILITY NUMBER: 366401612
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 04/21/2025
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
05/22/2025
Section Cited
CCR
80065(g)(l)
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80065(g)All personnel, including the licensee, administrator... shall be in good..mentally..capable of performing...(l)Personnel shall provide.. safety of persons without physical or verbal abuse, exploitation or prejudice.
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Staff was immediately terminated as of 2/4/2023 and will be removed as Administrator/Licensee immediately. All staff must receive training regarding personal rights and sexual abuse. Training must be given by an approved vendor. The licensee agrees to provide proof by POC date to LPA.

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Based on the evidence, the licensee/administrator failed to protect resident by sexually abusing R1 and having sexual encounters with R1, R2, and R3 while working at the facility, which imposes an immediate health, safety and personal risk to persons in care.
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Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.
SUPERVISORS NAME: Nedra Brown
LICENSING EVALUATOR NAME: Lavette Farlow
LICENSING EVALUATOR SIGNATURE:

DATE: 04/21/2025
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/21/2025
LIC9099 (FAS) - (06/04)
Page: 2 of 3