374603509-9-22-2023-08-AS-DPOL-CW3SZU-20230927141942

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 374603509
Report Date: 09/22/2023
Date Signed: 09/22/2023 02:54:04 PM

Unsubstantiated

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
09/15/2023 and conducted by Evaluator Carmen Lopez

PUBLIC

COMPLAINT CONTROL NUMBER: 08-AS-20230915082323

FACILITY NAME:	WESTMONT AT SAN MIGUEL RANCH		FACILITY NUMBER:	374603509
ADMINISTRATOR:	ROSSI, MARIA		FACILITY TYPE:	740
ADDRESS:	2325 PROCTOR VALLEY RD		TELEPHONE:	(619) 271-4385
CITY:	CHULA VISTA	STATE: CA	ZIP CODE:	91914
CAPACITY:	105	CENSUS: 73	DATE:	09/22/2023
		UNANNOUNCED	TIME BEGAN:	02:00 PM
MET WITH:	Michael Sokolowski, Executive Director		TIME COMPLETED:	03:00 PM

ALLEGATION(S):

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- Staff are inappropriately restraining residents in care

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Carmen Lopez conducted an unannounced complaint visit and delivered investigation findings regarding the above-mentioned allegation. LPA identified herself and was granted entry by Paola Partida, concierge. LPA stated the purpose of the visit and reviewed the findings of the complaint with Executive Director Michael Sokolowski.

The Department’s investigation consisted of interviews with residents and outside sources, records review of relevant documents pertinent to this investigation, and LPA observations of the residents’ living arrangements. On September 18, 2023, it was alleged that the staff inappropriately restrained residents in care.

It was specifically alleged that there were 17 bed rails being used as a restraint. Interviews with residents and outside sources were consistent. Neither the residents nor outside sources had concerns regarding the bed rails being used as a restrictive device towards residents, to limit their movement or prevent them from getting out of bed.

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Denise Powell	TELEPHONE: (619) -76-2317
LICENSING EVALUATOR NAME: Carmen Lopez	TELEPHONE: (619) 314-0757
LICENSING EVALUATOR SIGNATURE:	DATE: 09/22/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/22/2023

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-20230915082323

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: WESTMONT AT SAN MIGUEL RANCH	FACILITY NUMBER: 374603509
	VISIT DATE: 09/22/2023

NARRATIVE

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Many of the residents said they used their bed rail as an assistive support mechanism to reposition themselves or to raise themselves from their bed. No resident or outside sources had concerns with the staff “restraining” residents with their bed rails. Review of records revealed that all 17 residents had approved orders by their physician or hospice agency for half-bed rails, as required by regulations. On September 18, 2023, LPA initiated the complaint investigation and observed that residents had half-bed rails secured to their beds as instructed by a physician. No residents’ bed rails were used as a restrictive device or restraint. LPA observed that residents used the bed rails to reposition themselves or to get out of bed.

Based on the Department’s investigation of the above-mentioned allegation and the evidence obtained during resident and outside source interviews, records reviewed, and LPA observations, there is insufficient evidence to meet the preponderance of evidence standard. Therefore, the above allegation is deemed to be unsubstantiated.

The report was discussed, and an exit interview was conducted with Executive Director Michael Sokolowski. A copy of this report along with Licensee/Appeal Rights (LIC9058 3/22) were provided to Executive Director Sokolowski at the conclusion of the visit. The signature below confirms the receipt of these documents.

SUPERVISOR'S NAME: Denise Powell	TELEPHONE: (619) -76-2317
LICENSING EVALUATOR NAME: Carmen Lopez	TELEPHONE: (619) 314-0757
LICENSING EVALUATOR SIGNATURE:	DATE: 09/22/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/22/2023

LIC9099 (FAS) - (06/04)

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