374603513-12-7-2023-08-AS-DPOL-CYQP7T-20231221100428

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 374603513
Report Date: 12/07/2023
Date Signed: 12/07/2023 10:28:05 AM

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
07/13/2023 and conducted by Evaluator Renita Hall

COMPLAINT CONTROL NUMBER: 08-AS-20230713130511

FACILITY NAME:	PARKWAY GARDENS RETIREMENT CARE HOME		FACILITY NUMBER:	374603513
ADMINISTRATOR:	CARMINDA RAMIREZ		FACILITY TYPE:	740
ADDRESS:	660 VAN HOUTEN AVE		TELEPHONE:	(619) 444-2729
CITY:	EL CAJON	STATE: CA	ZIP CODE:	92020
CAPACITY:	15	CENSUS: 7	DATE:	12/07/2023
		UNANNOUNCED	TIME BEGAN:	09:49 AM
MET WITH:	Carla Hayag, Care giver		TIME COMPLETED:	10:30 AM

ALLEGATION(S):

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Lack of supervision resulted in sexual abuse.

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Renita Hall conducted an unannounced visit to deliver findings regarding the above-mentioned allegation LPA was allowed entry by, Carla Hayag, Caregiver. LPA identified herself and disclosed the purpose of the visit and elements of the findings with the Caregiver.

It was alleged that lack of staff supervision resulted in the sexual abuse (inappropriate touching) of a resident at the facility on 7/11/23 by an unknown individual. Evidence obtained during interviews confirmed that residents at this facility could come and go from the facility unsupervised. There are staff that reside at the facility, but due to the residents’ independent status, staff are not required to do room checks.

Administrator Carminda Ramirez said Resident 1 (R1, LIC 811 provided for name of resident) would often leave their door open at night to allow their pet to freely come and go from their room.

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Denise Powell	TELEPHONE: (619) -76-2317
LICENSING EVALUATOR NAME: Renita Hall	TELEPHONE: (619) 767-2301
LICENSING EVALUATOR SIGNATURE:	DATE: 12/07/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/07/2023

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-20230713130511

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: PARKWAY GARDENS RETIREMENT CARE HOME	FACILITY NUMBER: 374603513
	VISIT DATE: 12/07/2023

NARRATIVE

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Carminda stated she had admonished R1 to close and lock their door during the evening hours for safety. R1 admitted that Carminda had advised them on several occasions to close and lock their door during the evening. An interview was conducted with R1, Resident 2 (R2) and Resident 3 (R3), who all had brief interactions with the unknown male on the evening of 7/11/2023. All three residents witnessed the Suspected Abuser (SA) asking for the location of the manager’s office and about the possibility of a vacant room. R1 described the SA as “grazing” their left breast with his hand when his hand slipped from R1’s shoulder and was unable to say if the SA did it intentionally or not. R3 was in the room with R1 when the SA was at the front door. R3 stated they did not hear any conversation between R1 and the SA, and R3 did not see the SA touch R1. R2 described the SA as “cordial.” R2 said the SA escorted them down the stairs by holding their elbow with his hand, but did not act inappropriately.

In this case, the SA involved in this incident was unknown and the witnesses/residents were only able to provide a vague description of the SA. Based on R1’s statement, it is unknown if the SA touched R1's breast intentionally or accidently. Local law enforcement sources indicated that even if the SA were to be identified, it would still be difficult to prove the SA touched R1 for sexual gratification. In addition, there is no requirement to check on the residents at night and R1 admitted that Administrator had admonished them many times to close and lock their door at night.

Based on the investigation, there was insufficient evidence to support the allegation that lack of supervision resulted in sexual abuse, therefore it has been unsubstantiated. No further investigation is warranted. A finding that is unsubstantiated means that although the allegation may have happened or are valid, there is not a preponderance of the evidence to prove that the alleged violation occurred.

An exit interview was conducted with Carla Hayag, Caregiver copy of this report and Licensee's Rights (LIC 9058 03/22) were provided to the Caregiver and her signature on this report confirms receipt of the Licensee Rights.

SUPERVISOR'S NAME: Denise Powell	TELEPHONE: (619) -76-2317
LICENSING EVALUATOR NAME: Renita Hall	TELEPHONE: (619) 767-2301
LICENSING EVALUATOR SIGNATURE:	DATE: 12/07/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/07/2023

LIC9099 (FAS) - (06/04)

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