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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 374602179
Report Date: 05/19/2025
Date Signed: 05/19/2025 11:31:22 AM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN DIEGO RO, 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
04/10/2025 and conducted by Evaluator Carmen Lopez
PUBLIC
COMPLAINT CONTROL NUMBER: 08-AS-20250410105904
FACILITY NAME:TENDER LOVING CARE GUEST HOMEFACILITY NUMBER:
374602179
ADMINISTRATOR:VICTORIA S. LEGASPIFACILITY TYPE:
740
ADDRESS:1430 SHERYL LNTELEPHONE:
(619) 399-3552
CITY:NATIONAL CITYSTATE: CAZIP CODE:
91950
CAPACITY:6CENSUS: 4DATE:
05/19/2025
UNANNOUNCEDTIME BEGAN:
08:03 AM
MET WITH:Licensee Victoris LegaspiTIME COMPLETED:
09:05 AM
ALLEGATION(S):
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Licensee did not address resident-on-resident indecent exposure
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Carmen Lopez conducted an unannounced visit and,for a complaint investigation visit to deliver findings. LPA identified herself and was granted entry by Victoria Legaspi, Licensee. LPA stated the purpose of the visit and reviewed the findings of the complaint with Licensee Legaspi.

The Department’s investigation consisted of interviews with staff, residents and our side sources, and records review of relevant documents pertinent to this investigation. On April 10, 2025, it was said Licensee did not address resident-on-resident indecent exposure.

It was specifically alleged that resident #1 (R1) was exposed to indecent exposure by resident #2 (R2) on multiple occasions, and the Licensee was aware and did not address the issue. Interview with an outside source #1 (OS1) said that since R1 had certain underlying medical conditions, they did not know if the allegations were truthful.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Robyn Clark
LICENSING EVALUATOR NAME: Carmen Lopez
LICENSING EVALUATOR SIGNATURE:

DATE: 05/19/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/19/2025
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 08-AS-20250410105904
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN DIEGO RO, 7575 METROPOLITAN DR. #109
SAN DIEGO, CA 92108
FACILITY NAME: TENDER LOVING CARE GUEST HOME
FACILITY NUMBER: 374602179
VISIT DATE: 05/19/2025
NARRATIVE
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They mentioned that R1 did report to their specialized practitioner, and it was at this time, they were informed regarding the incident. When they spoke with R1, they mentioned to OS1, R2 had masturbated in their room. Interview with the Licensee confirmed that they were informed regarding the indecent exposure incidents. The licensee mentioned they believed that since R1 wanted their own room, they felt it was the reason they had told them about the incidents, and believed that their underlying medical conditions had something to do with it. The licensee later mentioned that they had spoken with R2, who acknowledged they had done the action, but was not hurting anyone. The licensee said that it was their right to do the action, but informed R2 that they would need to do it in the bathroom. An interview with R2 regarding the incident was attempted, but R2 became upset, yelled, and stormed out.

Based on the Department’s investigation of the above-mentioned allegation and the evidence obtained during staff, resident, and outside source interviews, and records reviewed, there is sufficient evidence to meet the preponderance of evidence standard. Therefore, the above allegation is deemed to be substantiated. California Code of Regulations, Title 22, Division 6, Chapter 8, is being cited on the attached LIC 9099D of this report.

The report was discussed, a plan of correction was jointly developed, and an exit interview was conducted with Licensee Victoria Legaspi. A copy of this report, along with Licensee/Appeal Rights (LIC9058 3/22) were provided to Licensee Legaspi at the conclusion of the visit. The signature below confirms the receipt of these documents.
SUPERVISORS NAME: Robyn Clark
LICENSING EVALUATOR NAME: Carmen Lopez
LICENSING EVALUATOR SIGNATURE:

DATE: 05/19/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/19/2025
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 08-AS-20250410105904
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN DIEGO RO, 7575 METROPOLITAN DR. #109
SAN DIEGO, CA 92108

FACILITY NAME: TENDER LOVING CARE GUEST HOME
FACILITY NUMBER: 374602179
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 05/19/2025
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
05/30/2025
Section Cited
CCR
87468.1(a)(1)
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87468.1 (a)(1) Personal Rights of Residents in all Facilities: To be accorded dignity in their personal relationships with staff, residents, and other persons... This was not met as evidence by:
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Licensee agreed to move one of the residents to the a different room to ensure the incident does not repeat by POC due date, 05/30/25.
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Based on interviews with residents and staff, staff did not address the indecent exposure incident for 2 of 4 residents in care when they were informed which posed a potential personal rights risk to 2 of 4 residents 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: Robyn Clark
LICENSING EVALUATOR NAME: Carmen Lopez
LICENSING EVALUATOR SIGNATURE:

DATE: 05/19/2025
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/19/2025
LIC9099 (FAS) - (06/04)
Page: 3 of 3