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13 | On 5/31/2023, at about 9:10 AM, Licensing Program Analyst (LPA) Daniel Pena conducted an unannounced visit to deliver investigative findings on the aforementioned complaint allegations. After introducing himself, presenting his department identification, LPA was granted entry into the facility by Vicmar Manglal Lan, Caregiver to whom the purpose of the visit was discussed. During the visit, LPA briefly toured the facility and conducted interviews.
The Department’s investigation consisted of client, staff, and outside source interviews, record reviews, and direct LPA observation. It was alleged the facility did not provide a safe environment for clients and was maintained in disrepair.
On 8/14/2022, a person, to whom Client 1 (C1) was familiar with, struck C1 in the head and face with an object resembling a cane. Investigation revealed that this person did not reside at the facility but was a former client. It was also learned that this person is involved in some type of relationship with C1. Law |
Substantiated | Estimated Days of Completion: |
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32 | enforcement was summoned and responded to the facility. Upon their investigation, it was determined the suspect had assaulted the client. Officers removed the person from the facility and transported them to a hospital for evaluation. Outside agency source records confirmed the outside party struck the victim/client with a cane. No injuries were observed by staff nor outside agencies.
As part of this investigation, interviews were conducted with staff as well as C1. The staff indicated that the two parties have had ongoing issues for several years. C1 was interviewed and stated that they get into confrontations with this person all the time both on facility grounds and offsite. C1 said, the arguments at times escalated into physical assault by the outside party. When asked why they did not obtain a restraining order against the person, C1 said they loved the person. C1 wants to be able to see the person off facility grounds. C1 wants the facility to get a restraining order, so it can be C1’s “safe place.”
Interviews revealed that facility administrators were advised by law enforcement to obtain a restraining order prohibiting the person from entering the facility property. During one administrator’s interview, they were asked why the facility did not attempt to get a restraining order to keep the outside party off facility property. The administrator said this issue had come up before, but management said the facility could not obtain a restraining order.
It was also reported that the facility was in disrepair. During this investigation, LPA toured the facility inside and out. LPA noticed that clients smoke cigarettes inside and outside of their rooms, as there was a strong odor of cigarette smoke prominent throughout the facility. LPA observed C1 and their roommate in their assigned room. The common areas and client rooms were dilapidated, smelled strongly of cigarette smoke and many of the floor tiles were cracked.
LPA also observed what appeared to be an air conditioning unit in C1's bathtub. The unit was not plugged in, and the electrical cord was lying on the bathroom tile floor. LPA noticed C1's sink basin and countertop were stained and had a cigarette burn and crack on the counter top. The tile grout was dark brown and appeared to be stained. C1's room was organized and kempt, but LPA observed chipping paint on the upper wall and ceiling. LPA also observed cracked tile on C1’s room floor.
LPA interviewed administrators and informed them of what was observed during the complaint inspection in August 2022. When asked, staff acknowledged the facility is old and requires ongoing repairs throughout |
Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Type A
06/02/2023
Section Cited
CCR
80072(a)(2) | 1
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7 | Each client shall have personal rights which include, but are not limited to, the following: to be accorded safe, healthful, and comfortable accommodations, furnishings, and equipment to meet his/her needs. This requirement was not met as evidenced by: | 1
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7 | The Licensee will contract for vendorized training for 100% staff regarding client Personal Rights. Licensee will submit written verification of contract to CCLD by POC due date of June 1, 2023. Licensee will also submit written proof of completed staff training to CCLD by June 30, 2023.
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14 | Based on interviews and record reviews, the facility did not accord safe and healthful accommodations to clients in care. This posed an immediate risk to 1 of 42 clients. | 8
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Type B
06/14/2023
Section Cited
CCR
85087 | 1
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7 | Buildings and Grounds (a) The facility shall be clean, safe, sanitary and in good repair at all times for the safety and well-being of clients, employees, and visitors. This requirement was not met as evidenced by:
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7 | Facility will prepare and implement a maintenance priority list and submit weekly updates to CCLD with photographs. The maintenance priority list will be submitted to CCLD by the POC date of June 14, 2023.
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14 | Based on observations and interviews, the licensee did not ensure the facility was in good repair which posed a potential health, safety, and personal rights risk to 42 of 42 clients in care. | 8
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