374600872-11-9-2022-08-AS-IESA-CLP4M8-20221130181306

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 374600872
Report Date: 11/09/2022
Date Signed: 11/09/2022 12:52:05 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, 7575 METROPOLITAN DR. #109
SAN DIEGO, CA 92108

This is an official report of an unannounced visit/investigation of a complaint received in our office on
04/30/2021 and conducted by Evaluator Dang Nguyen

COMPLAINT CONTROL NUMBER: 08-AS-20210430125826

FACILITY NAME:	OCEAN VIEW HOMES III		FACILITY NUMBER:	374600872
ADMINISTRATOR:	ALICIA MILLAN		FACILITY TYPE:	740
ADDRESS:	6602 AVENIDA MIROLA		TELEPHONE:	(858) 551-2736
CITY:	LA JOLLA	STATE: CA	ZIP CODE:	92037
CAPACITY:	6	CENSUS: 4	DATE:	11/09/2022
		UNANNOUNCED	TIME BEGAN:	12:20 PM
MET WITH:	Lead Caregiver Reynerio "Raymond" Millan		TIME COMPLETED:	01:00 PM

ALLEGATION(S):

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Facility staff engaged in lewd sexual conduct toward a resident.

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Dang Nguyen conducted an unannounced subsequent visit to deliver a finding regarding the above prior complaint allegation. LPA was welcomed by, identified himself to, and discussed the purpose of the visit with Lead Caregiver Reynerio "Raymond" Millan. During the visit, LPA also spoke briefly via phone with the facility administrator, Alicia Millan.

It was alleged that on a day in late April 2021, Staff #1 (S1) was seen by Person #1 (P1), standing with their pants down, masturbating nearby Resident #1 (R1). R1 was allegedly in their bedroom, lying in bed. It was unclear if R1 was awake during the incident. CCLD’s investigation involved multiple unannounced facility tours/welfare checks and interviews of relevant facility staff, hospice agency staff, and other outside sources. Pertinent facility and hospice care records, hospital records, and San Diego Police Department (SDPD) reports were also reviewed.

[CONTINUED ON LIC 9099-C, 1 of 2]

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Lizzette Tellez	TELEPHONE: (619) 767-2351
LICENSING EVALUATOR NAME: Dang Nguyen	TELEPHONE: (619) 210-9024
LICENSING EVALUATOR SIGNATURE:	DATE: 11/09/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/09/2022

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 08-AS-20210430125826

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 7575 METROPOLITAN DR. #109
SAN DIEGO, CA 92108

FACILITY NAME: OCEAN VIEW HOMES III	FACILITY NUMBER: 374600872
	VISIT DATE: 11/09/2022

NARRATIVE

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[CONTINUED FROM LIC 9099] According to their LIC602 Physician’s Report, R1 had “vascular dementia” and “Lewy body dementia,” and had visual and hearing impairments. According to their LIC603 Preplacement Appraisal, R1 had “memory issues” and “confusion.” SDPD detectives wrote they attempted to interview R1 about the alleged incident. They concluded R1 was disoriented to time and place, “highly confused,” had “severely diminished short-term memory,” and did not know who S1 was. R1 was under the concurrent care of an outside hospice agency. Hospice visit notes showed that two hospice nurses and a social worker utilized their agency’s abuse screening tool/questionnaire with R1. R1 was drowsy and disoriented but managed to answer “yes/no” type questions. R1 consistently answered “no” to seven questions related to different types of abuse, including physical/sexual abuse. The social worker wrote, “[I] then asked [R1] if [they] felt safe in [their] current environment and [R1] said, ‘Yes.’”

According to CCLD’s Licensing Information System (LIS): S1 had no criminal record, successfully passed the required fingerprinting/background process, and had continuously worked at the facility since 2007. Per interview of the licensee, S1 was “very professional” over 13 years of employment, with no prior accusations of abuse/inappropriate behavior towards residents. S1 was interviewed on separate occasions by facility management, an SDPD patrol officer, SDPD detectives, and CCLD. S1 consistently denied the accusation, saying it was a false attack from P1, who had preexisting animosity towards them. Interviews of other staff and an outside source unanimously showed S1 and P1 had known interpersonal conflict prior to the date of the alleged incident. P1 was also interviewed on separate occasions by facility management, an SDPD patrol officer, SDPD detectives, and CCLD. P1’s account of the incident was not uniform across their interviews, which undermined the credibility of their testimony. P1 also admitted to not intervening/confronting S1 to protect R1, and to their late reporting of the incident 5 days after it allegedly occurred.

On the date P1 came forward with their accusation, R1 was taken to a local hospital emergency room (ER) for a physical examination. According to the hospital's records: R1 was calm and “comfortable,” but was “very forgetful.” Due to R1’s “severe dementia,” their “quality as a historian” was “limited.” When an ER nurse asked R1 if they had been sexually assaulted by a caregiver, R1 replied, “I’m hungry. Can I have something to eat?” When nurse then asked R1 if they had been inappropriately touched by a caregiver, R1 replied, “No.” R1 also denied seeing a caregiver masturbate in their bedroom.

[CONTINUED ON LIC 9099-C, 2 of 2]

SUPERVISOR'S NAME: Lizzette Tellez	TELEPHONE: (619) 767-2351
LICENSING EVALUATOR NAME: Dang Nguyen	TELEPHONE: (619) 210-9024
LICENSING EVALUATOR SIGNATURE:	DATE: 11/09/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/09/2022

LIC9099 (FAS) - (06/04)

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Control Number 08-AS-20210430125826

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 7575 METROPOLITAN DR. #109
SAN DIEGO, CA 92108

FACILITY NAME: OCEAN VIEW HOMES III	FACILITY NUMBER: 374600872
	VISIT DATE: 11/09/2022

NARRATIVE

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[CONTINUED FROM LIC 9099-C, 1 of 2]

According to R1’s Physician’s Report from the time of their move-in to the facility, they generally had “thin fragile skin” and was prone to bruising easily. However, a physical examination of R1 at the ER revealed no physical injuries or concerns. SDPD and hospice records corroborate that R1 had no sign of physical injury. Per SDPD’s reports, they closed their case due to “lack of evidence,” writing that they “cannot corroborate [P1’s] account and substantiate that a crime occurred.” R1’s hospice agency concluded that abuse against R1 was “unsubstantiated.”

Based on interviews and records reviewed, a preponderance of evidence does not exist to prove that S1 engaged in either indecent exposure or lewd sexual conduct in the presence of R1 or another facility resident. The allegation is therefore unsubstantiated. An exit interview was conducted with Lead Caregiver Reynerio "Raymond" Millan, to whom a copy of this report and the Licensee/Appeal Rights (LIC9058 01/16) were provided. A copy of these same documents was also E-mailed to the administrator.

SUPERVISOR'S NAME: Lizzette Tellez	TELEPHONE: (619) 767-2351
LICENSING EVALUATOR NAME: Dang Nguyen	TELEPHONE: (619) 210-9024
LICENSING EVALUATOR SIGNATURE:	DATE: 11/09/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/09/2022

LIC9099 (FAS) - (06/04)

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