374603623-8-31-2021-08-AS-SJAB-C7CM6Z-20210930092044

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 374603623
Report Date: 08/31/2021
Date Signed: 08/31/2021 10:20:25 AM

Substantiated

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
05/22/2020 and conducted by Evaluator Alexandre Vo

COMPLAINT CONTROL NUMBER: 08-AS-20200522160657

FACILITY NAME:	DSC - HELIX HOUSE		FACILITY NUMBER:	374603623
ADMINISTRATOR:	DIANE SPURGEON		FACILITY TYPE:	735
ADDRESS:	588 ROBERTA AVE.		TELEPHONE:	(619) 447-5307
CITY:	EL CAJON	STATE: CA	ZIP CODE:	92021
CAPACITY:	6	CENSUS: 6	DATE:	08/31/2021
		UNANNOUNCED	TIME BEGAN:	09:22 AM
MET WITH:	Executive Director, Patricia Barber		TIME COMPLETED:	10:30 AM

ALLEGATION(S):

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-Client was sexually abused while in care

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA), Alexandre Vo, conducted an unannounced visit to deliver findings regarding the above-mentioned allegation. LPA met with Executive Director, Patricia Barber, identified himself and stated the purpose of the visit.

The Department’s investigation included the following: interviews with staff, clients, and outside sources; facility and client records review; and, review of the police report.

It was alleged that Client #1 (C1, see List of Confidential Names) was sexually abused by Client #2 (C2) on May 19, 2020. According to police and incident reports, Staff #1 (S2) and Staff #2 (S2) were on shift that evening when staff found C2 on top of C1. C1 was taking a nap on the living room couch, C2 pulled C1’s pants halfway down performed an inappropriate sexual interaction on C1. A self-reported incident submitted to the San Diego Regional Center (SDRC) and Community Care Licensing Department (CCLD) on May 22, 2020 corroborated the account.

Substantiated

Estimated Days of Completion:

SUPERVISORS NAME: Simon Jacob
LICENSING EVALUATOR NAME: Alexandre Vo
LICENSING EVALUATOR SIGNATURE:	DATE: 08/31/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/31/2021

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-20200522160657

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: DSC - HELIX HOUSE	FACILITY NUMBER: 374603623
	VISIT DATE: 08/31/2021

NARRATIVE

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According to interviews, C2 show understanding that the inappropriate touching of other clients is not permitted. Per C2’s individual program plan and quarterly updates, the client’s sexualized behavior is known and require staff’s monitoring and redirection. C2 is oriented and can express remorse. C2 is reported to have indeterminate targets for known sexualized behaviors, both staff and clients in the home experience inappropriate comments made by C2.

Per C1’s individual program plan dated January 29, 2018 and behavioral annual assessment December of 2019, it is clear through review of the assessments that C1 requires constant supervision for various behavioral and safety reasons, elopement, climbing furniture, and frequent seizures.

Even though facility met the staffing ratios of one staff for every two clients set by SDRC, based on C1 and C2’s assessments, both clients require constant supervision to prevent unsafe behaviors. C1 is determined to be non-verbal and unable to advocate for self. There is documented history of repeat victimization of C1 by C2. It was determined that facility staff were aware of C2’s history, and therefore, did not provide the appropriate supervision that lead to the inappropriate sexual interaction between C1 and C2. Even though the interaction was brief, the break in supervision allowed C1’s personal rights to be violated.

The preponderance of the evidence has been met; therefore, a deficiency is being cited in accordance with California Code of Regulations, Title 22, Division 6, Chapter 1 and listed on the 9099D.

A Plan of Correction was developed with the Administrator. A copy of this report and Licensee’s/Appeal Rights (9058 01/16) were provided to the Administrator, whose signature on this form confirms receipt of these documents.

SUPERVISORS NAME: Simon Jacob
LICENSING EVALUATOR NAME: Alexandre Vo
LICENSING EVALUATOR SIGNATURE:	DATE: 08/31/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/31/2021

LIC9099 (FAS) - (06/04)

Page: 2 of 3

Control Number 08-AS-20200522160657

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: DSC - HELIX HOUSE	FACILITY NUMBER: 374603623
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 08/31/2021

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 09/14/2021 Section Cited CCR 80072(a)(1)	1 2 3 4 5 6 7	80072 Personal Rights (a) ... each client shall have personal rights which include, but are not limited to, the following: (1) To be accorded dignity in his/her personal relationships with staff and other persons. This requirement was not met as evidenced by:	1 2 3 4 5 6 7	Executive Director agreed to set up a meeting with SDRC, Service Coordinator, to address therapeutic remedies, day program, or additional staffing. Executive Director agreed to inform LPA of meeting date by POC date and agreed to provide quarterly updates to LPA.
	8 9 10 11 12 13 14	Based on records and interviews, the Licensee did not accord dignity regarding C1’s personal relationship with other persons. This posed a potential personal rights risk to client in care.	8 9 10 11 12 13 14
	1 2 3 4 5 6 7		1 2 3 4 5 6 7
	1 2 3 4 5 6 7		1 2 3 4 5 6 7

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: Simon Jacob
LICENSING EVALUATOR NAME: Alexandre Vo
LICENSING EVALUATOR SIGNATURE:	DATE: 08/31/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/31/2021

LIC9099 (FAS) - (06/04)

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