374601895-8-24-2022-08-AS-IESA-CJR876-20220929221524

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 374601895
Report Date: 08/24/2022
Date Signed: 08/24/2022 12:08:35 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
04/29/2022 and conducted by Evaluator Sabel Martinez

COMPLAINT CONTROL NUMBER: 08-AS-20220429095237

FACILITY NAME:	JOY & JAY HOME CARE		FACILITY NUMBER:	374601895
ADMINISTRATOR:	ANA OSBORNE		FACILITY TYPE:	740
ADDRESS:	12946 AMARANTH ST		TELEPHONE:	(858) 240-7883
CITY:	SAN DIEGO	STATE: CA	ZIP CODE:	92129
CAPACITY:	6	CENSUS: 6	DATE:	08/24/2022
		UNANNOUNCED	TIME BEGAN:	09:18 AM
MET WITH:	Administrator, Ana Osborne, House Manager, Dearme Doverte and Caregiver, kenneth Doverte		TIME COMPLETED:	10:19 AM

ALLEGATION(S):

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Sexual abuse to resident by unknown staff member
Staff speak to residents inappropriately
Facility does not meet resident's dietary needs

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA), Sabel Martinez, completed an unannounced complaint visit to conduct additional interviews and deliver findings regarding the above mentioned allegations. The LPA was granted entry to the facility by Caregiver, Kenneth Doverte, after identifying himself and disclosing the purpose of the visit. Administrator, Ana Osborne, and House Manager, Dearme Doverte, arrived during the visit.

Throughout the investigation, the LPA toured the facility, reviewed staff records, resident records, and conducted interviews with residents, staff, and outside sources.

It was alleged a resident was sexually abused by an unknown staff member. While conducting an interview, Resident # 1 (R1) was witnessed to be oriented to person, time, place, and situation. R1 reported that on multiple occasions an unknown male, or males had entered R1’s room at night and raped R1. R1 did not know if the suspected abuser, or abusers were facility employees, or outside persons entering the facility at night.

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Denise Powell	TELEPHONE: (610) 767-2317
LICENSING EVALUATOR NAME: Sabel Martinez	TELEPHONE: (619) 767-2301
LICENSING EVALUATOR SIGNATURE:	DATE: 08/24/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/24/2022

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

LIC9099 (FAS) - (06/04)

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Control Number 08-AS-20220429095237

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: JOY & JAY HOME CARE	FACILITY NUMBER: 374601895
	VISIT DATE: 08/24/2022

NARRATIVE

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When asked how R1 knew R1 was raped, R1 pointed to R1’s genitals and stated it did not feel normal when R1 would wake up. R1 was not able to explain what normal and not normal felt like. R1 disclosed this to an outside source and believed the outside source had not addressed it, because the outside source did not want R1 to move back home. R1 confirmed it was R1’s desire to move back home.

Interviews with outside sources revealed R1 had fabricated allegations in the past in order to control certain situations. An outside source recalled previously being at R1’s home, R1 becoming upset and adamant something had occurred the way R1 recalled it. The outside source was present and confirmed it did not happen the way R1 was describing the incident. R1 had expressed a desire to move back to R1’s home, and outside sources believed this allegation was fabricated as an attempt for R1 to be moved back home. When outside sources had attempted to corroborate R1 allegation, R1 had said R1 knew R1 was raped only after waking up and stating R1’s genitals did not feel normal. R1 had not disclosed any staff names, and only described the suspected abuser as big, tall, and male. Outside sources had not witnessed any signs of physical trauma on R1’s body.

Interviews with staff revealed R1 required assistance with multiple Activities of Daily Living (ADLs), including showering and toileting. Since moving into the facility, R1 had refused assistance from male and female staff, on multiple occasions. Management had maintained R1’s assistance with ADLs, while addressing R1’s need for independence. Management was aware of the sexual abuse allegation, and description of the abuser as big, tall, and male. Obtained facility schedules, interviews, and observations did not corroborate any staff to match the description provided by the R1.

It was alleged staff speak to residents inappropriately. Interviews with outside sources revealed staff had addressed residents in a respectful manner. Interviews with staff revealed there is one resident with a hearing impairment requiring staff to raise their voice to properly communicate. This has caused another resident to become upset and believe the staff are mistreating the resident. Observation and records review confirmed the resident in question did have a hearing impairment and required auditory devices.

It was alleged facility did not meet resident's dietary needs. Interviews with outside sources revealed the facility provided and had an appropriate amount of food for the residents in care. Interviews with residents and observation corroborated the facility had an ample amount of food and residents are able to request additional servings, if it is the resident’s desire.

SUPERVISOR'S NAME: Denise Powell	TELEPHONE: (610) 767-2317
LICENSING EVALUATOR NAME: Sabel Martinez	TELEPHONE: (619) 767-2301
LICENSING EVALUATOR SIGNATURE:	DATE: 08/24/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/24/2022

LIC9099 (FAS) - (06/04)

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Control Number 08-AS-20220429095237

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: JOY & JAY HOME CARE	FACILITY NUMBER: 374601895
	VISIT DATE: 08/24/2022

NARRATIVE

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Interviews with residents and observation corroborated the facility had an ample amount of food and residents were able to request additional servings, if it is the resident’s desire.

Based on the evidence gathered throughout the investigation, there is not a preponderance of evidence to prove the alleged violations occurred, therefore, the allegations are unsubstantiated.

An exit interview was conducted with, Ana Osborne, to whom a copy of this report along with the licensee Rights (LIC 9058 01/16 ) were provided to

SUPERVISOR'S NAME: Denise Powell	TELEPHONE: (610) 767-2317
LICENSING EVALUATOR NAME: Sabel Martinez	TELEPHONE: (619) 767-2301
LICENSING EVALUATOR SIGNATURE:	DATE: 08/24/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/24/2022

LIC9099 (FAS) - (06/04)

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