374603778-5-24-2023-08-AS-LTEZ-CSCUGM-20230531153434

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 374603778
Report Date: 05/24/2023
Date Signed: 05/24/2023 11:33:44 AM

Unsubstantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SO. CAL AC/SC, 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
05/17/2023 and conducted by Evaluator Nacole Patterson

PUBLIC

COMPLAINT CONTROL NUMBER: 08-AS-20230517100748

FACILITY NAME:	HERITAGE HILLS		FACILITY NUMBER:	374603778
ADMINISTRATOR:	STEFANIE ANCHETA		FACILITY TYPE:	740
ADDRESS:	2108 EL CAMINO REAL		TELEPHONE:	(760) 206-7930
CITY:	OCEANSIDE	STATE: CA	ZIP CODE:	92054
CAPACITY:	74	CENSUS: 69	DATE:	05/24/2023
		UNANNOUNCED	TIME BEGAN:	10:53 AM
MET WITH:	Amanda Togia, Business Office Director		TIME COMPLETED:	11:45 AM

ALLEGATION(S):

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Illegal Eviction.

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Nacole Patterson conducted an unannounced facility visit to investigate the above mentioned complaint allegation. LPA identified herself and met with Amanda Togia, Business Office Director, to discuss the purpose of the visit and elements of the complaint.

On 5/17/23 it was alleged that the Licensee illegally evicted a resident (R1). The Department’s investigation consisted of an unannounced facility tour, review of facility and outside source records, and interviews with facility staff and outside sources.

Interviews with staff, outside sources, and record review showed that R1 no longer fit the criteria for living in an RCFE community. R1 had been vocal about their desire to no longer live at the facility and to leave to find another residence. Staff interview revealed that the Executive Director inquired with Community Care Licensing, the resident's primary care physician and psychiatrist, Adult Protective Services, Oceanside Police Department, and the Long Term Care Ombudsman regarding R1's request to leave the facility. (Continued on LIC9099-C)

Unsubstantiated

Estimated Days of Completion: 0

SUPERVISOR'S NAME: Lizzette Tellez	TELEPHONE: (619) 767-2351
LICENSING EVALUATOR NAME: Nacole Patterson	TELEPHONE: (619) 767-2301
LICENSING EVALUATOR SIGNATURE:	DATE: 05/24/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/24/2023

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-20230517100748

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SO. CAL AC/SC, 7575 METROPOLITAN DR. #109
SAN DIEGO, CA 92108

FACILITY NAME: HERITAGE HILLS	FACILITY NUMBER: 374603778
	VISIT DATE: 05/24/2023

NARRATIVE

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(Continued from LIC9099)

Staff interview revealed that all agencies and doctors that ED inquired with confirmed that R1 cannot be held against their own will at the facility, as R1 maintains capacity to make this decision and has made their wishes known. Outside source interview revealed that the Licensee would be in violation of R1's personal rights if the facility staff attempted to force R1 to stay at the facility.

Records review showed that upon reassessment by R1's psychiatrist and primary care physician, R1's cognitive status had significantly improved, which downgraded their diagnosis. Records review showed that on 5/15/23 R1 was cleared by their psychiatrist to be able to leave the facility unassisted. Record review revealed that on 5/15/23 R1 and responsible party were provided a valid and lawful 30-day eviction notice due to not being able to meet R1's needs. Record review showed that on 5/19/23 R1 left the facility of their own volition with Oceanside PD present.

The allegation of illegal eviction is unsubstantiated, as the Licensee provided valid 30-day notice and showed evidence of being willing to continue to care for R1 during the 30-day eviction timeframe had they chosen to stay. Evidence supports that R1 left the facility on their own behalf and free will, which they were allowed to do based on medical professional diagnosis. Based on the evidence found, the resident maintained the authority to leave the facility on their own; it would have been in violation of their personal rights to be forced to remain at the facility.

Based on interviews, direct LPA observations and records review, a preponderance of evidence does not exist to prove that the alleged violation occurred, therefore the allegation is UNSUBSTANTIATED. An exit interview was conducted with Amanda Togia, Business Office Director, to whom a copy of this report and the Licensee/Appeal Rights (LIC9058 01/16) were provided.

SUPERVISOR'S NAME: Lizzette Tellez	TELEPHONE: (619) 767-2351
LICENSING EVALUATOR NAME: Nacole Patterson	TELEPHONE: (619) 767-2301
LICENSING EVALUATOR SIGNATURE:	DATE: 05/24/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/24/2023

LIC9099 (FAS) - (06/04)

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