374604330-10-5-2022-08-AS-IESA-CKR78L-20221031212632

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 374604330
Report Date: 10/05/2022
Date Signed: 10/05/2022 02:43:31 PM

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
07/11/2022 and conducted by Evaluator Vicky Williamson

PUBLIC

COMPLAINT CONTROL NUMBER: 08-AS-20220711131415

FACILITY NAME:	AMARIS CENTER FOR CHANGE		FACILITY NUMBER:	374604330
ADMINISTRATOR:	GASQUE, RUKHSANA		FACILITY TYPE:	775
ADDRESS:	250 E DOUGLAS AVE		TELEPHONE:	(202) 520-3781
CITY:	EL CAJON	STATE: CA	ZIP CODE:	92020
CAPACITY:	40	CENSUS: 30	DATE:	10/05/2022
		UNANNOUNCED	TIME BEGAN:	12:35 PM
MET WITH:	License Rukhsana Gasque		TIME COMPLETED:	02:55 PM

ALLEGATION(S):

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Resident poses a risk to other residents in care

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Vicky Williamson conducted a complaint visit to deliver findings on the above allegation. LPA was greeted and allowed entry into the facility by Joseph Baker, Assistant Program Director (APD). LPA then met with License Rukhsana Gasque and discussed the purpose of the visit.

The Department’s investigation consisted of interviews with staff, clients, outside sources. A review of records to include client records and outside source records. It was alleged that resident poses a risk to other residents in care. It was reported that on 7/5/22, Client 1 (C1) was touched inappropriately by Client 2 (C2) on the transportation van while in route to their day program. Information received reported that C2 using their hand touched C1 inappropriately over their clothing. C1 pushed C2’s hand away and told C2 to "stop."

License Rukhsana Gasque stated that she was notified by Joseph Baker, Assistant Program Director (APD) that Staff 1 (S1) advised him that C1 told S1 that they were inappropriately touched by C2 on the transportation van in route to the day program.

Substantiated

Estimated Days of Completion:

SUPERVISORS NAME: Simon Jacob
LICENSING EVALUATOR NAME: Vicky Williamson
LICENSING EVALUATOR SIGNATURE:	DATE: 10/05/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/05/2022

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 4

Control Number 08-AS-20220711131415

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: AMARIS CENTER FOR CHANGE	FACILITY NUMBER: 374604330
	VISIT DATE: 10/05/2022

NARRATIVE

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Licensee immediately notified the Department, responsible parties, and outside sources. Interviews conducted by licensee revealed that C1 was touched inappropriately by C2 while being transported to the day program. C1 advised licensee that C3 also observed the incident. C2 denied inappropriately touching C1. There was one staff and 10 clients on the van on the day in question. Staff 2 (S2) did not observed the incident nor did any clients report the incident to them.

A training for staff and clients were conducted regarding inappropriate touching; training for female and male clients were conducted separately. Interventions were developed and the seating arrangements on the transportation van have been rearranged with female clients in front of the van and male clients at the back of the van.

Interviews with staff and clients revealed that C1 reported to S1 during a community outing at the mall that they were inappropriately touched over their clothing by C2 on the transportation van. C3 revealed that they observed C2 inappropriately touching C1 on the van while in route to the day program; C3 told C2 to stop touching C1. S2, revealed that they did not observed any inappropriate touching or behaviors while transporting clients on the day in question, and were not notified by any of the clients on the van. S2 stated there are no cameras on the van; however, the review mirror provides a view of the clients on the van. Clients interviewed expressed no concerns regarding observing or being touched inappropriately by C2.

Interviews were conducted with C1 and C2. C1 revealed that they were touched by C2 inappropriately over their clothing several times while sitting on the same seat on the transportation van. C1 pushed C2’s hand away and asked them to stop touching them. C1 acknowledged that they did not report the incident to S2 or staff immediately after incident occurred. C2 denied the allegation and stated that they did not inappropriately touch anyone.

An outside source reported that law enforcement was contacted and conducted an interview with C1; however the incident did not meet requirements for a follow-up. LPA was able to confirmed that there was no police report on file for this incident.

A review of records for C2 revealed that there are noted past sexual behaviors; however they did not occur at the day program. Accommodations for clients in care regarding the noted behaviors of C2 were not arranged prior to C2's enrolled to the day program on 8/12/21. This poses an immediately personal right’s risk to clients in care.

SUPERVISORS NAME: Simon Jacob
LICENSING EVALUATOR NAME: Vicky Williamson
LICENSING EVALUATOR SIGNATURE:	DATE: 10/05/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/05/2022

LIC9099 (FAS) - (06/04)

Page: 2 of 4

Control Number 08-AS-20220711131415

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: AMARIS CENTER FOR CHANGE	FACILITY NUMBER: 374604330
	VISIT DATE: 10/05/2022

NARRATIVE

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The Department has investigated the above-mentioned allegation that resident poses a risk to residents in care. Based on interviews conducted with licensee, assistant program director, staff, clients, outside sources and record review, the preponderance of the evidence standard has been met. Therefore, the allegation is deemed substantiated.

The deficiency is noted on the attached LIC 9099-D and is cited in accordance with the California Code of Regulations, Title 22, Chapter 6, Division 3 . A copy of this report along with Licensee/Appeal Rights (LIC 9058) was provided to Licensee Ruhkhsana Gasque and the signature on this form confirms receipt of these rights.

SUPERVISORS NAME: Simon Jacob
LICENSING EVALUATOR NAME: Vicky Williamson
LICENSING EVALUATOR SIGNATURE:	DATE: 10/05/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/05/2022

LIC9099 (FAS) - (06/04)

Page: 3 of 4

Control Number 08-AS-20220711131415

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: AMARIS CENTER FOR CHANGE	FACILITY NUMBER: 374604330
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 10/05/2022

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 10/06/2022 Section Cited CCR 82072(a)(2)	1 2 3 4 5 6 7	Personal Rights a)Each client shall have personal rights which include, but are not limited to, the following: (2)To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs. This requirement was not met as evidence by: Based on licensee did not	1 2 3 4 5 6 7	License Rukhsana Gasque has completed training with an outside source for staff and client. Complete training information was not available during time of visit. Licensee with submit proof of training by POC date.
	8 9 10 11 12 13 14	provide safe accommodations for 1 out of 28 clients prior to C2’s enrollment at the facility, resulting in C1 being inappropriately touched while on the transportation van. This poses an immediately Personal Rights Risk to clients 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: Vicky Williamson
LICENSING EVALUATOR SIGNATURE:	DATE: 10/05/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/05/2022

LIC9099 (FAS) - (06/04)

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