392700814-11-28-2022-27-AS-MJEN-CLM4UN-20221128182458

Community Care Licensing

FACILITY EVALUATION REPORT

Facility Number: 392700814
Report Date: 11/22/2022
Date Signed: 11/28/2022 06:25:32 PM

Document Has Been Signed on 11/28/2022 06:25 PM - It Cannot Be Edited

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

FACILITY EVALUATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 2525 NATOMAS PARK DR. STE.270
SACRAMENTO, CA 95833

FACILITY NAME:	A LOVING PLACE FOR YOUR PARENTS		FACILITY NUMBER:	392700814
ADMINISTRATOR:	MARTHA ARREGUIN		FACILITY TYPE:	740
ADDRESS:	488 POELSTRA COURT		TELEPHONE:	(714) 948-0381
CITY:	RIPON	STATE: CA	ZIP CODE:	95366
CAPACITY:	0	CENSUS: 0	DATE:	11/22/2022
TYPE OF VISIT:	Case Management - Deficiencies	UNANNOUNCED	TIME BEGAN:	11:00 AM
MET WITH:	Martha Arreguin		TIME COMPLETED:	11:30 AM

NARRATIVE

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

Licensing Program Analyst (LPA) Maja Jensen conducted an unannounced case management on 11/22/22 to follow up on a substantiated allegation of sexual abuse. LPA Maja Jensen met with Administrator, Martha Arreguin. LPA explained the reason for the visit.

On July 21, 2022, the Department conducted a Case Management, concluding an investigation and substantiated a facility reported allegation that a resident (R1) sustained physical abuse as the result of the facility failing to protect the client’s personal rights. R1 was physically abused by staff 1 (S1) while in care at A Loving Place for Your Parents.

The allegation was substantiated, and the licensee was cited for violating California Code of Regulations (CCR) Tile 22, §87468.2(a)(8) Personal Rights for S1 violating R1’s personal rights and engaging in nonconsensual sexual activity with R1.

According to records review, R1 is a resident living in a shared bedroom at A Loving Place for Your Parents. R1 is a dependent adult requiring constant supervision of care. According to Medical Dictionary, a dependent adult is defined as “any individual between the ages of 18 and 65 whose functional limitation prevent him or her from maintaining legal rights or living alone without support from others.”

During Department interview, resident 2 (R2) shares a room with R1. R2 stated during R2’s first week living at A Loving Place for Your Parents, S1 jumped on top of R2 while R2 was laying down on the bed. R2 yelled causing S1 to get up. S1 did not attempt such an act again. R2 admitted seeing S1 walking up to R1’s bedside. S1 undid S1’s pants and R1 preformed “sex acts.” R2 did not know how long the act lasted.

During Department interview, S2 stated on May 27, 2022, at approximately 1100 hours, S2 arrived at A Loving Place for Your Parents. S2 stated R2 saw R1 giving oral sex to S1.

SUPERVISOR'S NAME: Liza King	TELEPHONE: (916) 263-4752
LICENSING EVALUATOR NAME: Maja Jensen	TELEPHONE: 916-639-5584
LICENSING EVALUATOR SIGNATURE:	DATE: 11/22/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/22/2022

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC809 (FAS) - (06/04)

Page: 1 of 2

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

FACILITY EVALUATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 2525 NATOMAS PARK DR. STE.270
SACRAMENTO, CA 95833

FACILITY NAME: A LOVING PLACE FOR YOUR PARENTS	FACILITY NUMBER: 392700814
	VISIT DATE: 11/22/2022

NARRATIVE

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32

According to police records, R1 admitted S1 would enter R1’s bedroom frequently at R1’s bedtime. R1 stated S1 would make R1 manually stimulate S1’s penis with R1’s hand until the point of ejaculation. R1 stated they did not want to stimulate S1’s penis and did it so S1 would leave them alone. R1 further described sexual acts including S1’s penis penetrating her vagina.

According to police records, S1 was working night shift from 2000 hours to 0800 hours for two years and is the only staff working at night. S1 admitted to engaging in sexual acts with R1, a dependent adult. S1 reported putting S1’s penis in R1’s mouth for approximately 10 minutes while R1 orally copulated S1. S1 pulled S1’s penis out and ejaculated onto their own pants.

According to police records, S1 committed acts of rape with a victim incapable of giving consent, lewd and lascivious acts with dependent adult, and oral copulation. S1 was placed under arrest and taken into custody for charges 287 (G) and 368 (C) of the California Penal Code.

Based on interviews, record review and observation, the licensee did not ensure Personal Rights were met for R1. The licensee’s failure to protect R1’s Personal Rights caused the resident to suffer physical abuse.

At the time of the complaint visit, the issuance of a Civil Penalty was still being determined and the licensee was informed that a civil penalty might be assessed based on Health and Safety Code § 1569.49(f)

The Department has concluded an analysis and has determined that a Civil Penalty is warranted for Physical Abuse. The Welfare and Institutions code section § 15610.63 defines “physical abuse” means any of the following: “…oral copulation, as defined in section 288a of the Penal Code.”

An immediate Civil Penalty of $500 was issued on July 21, 2022 for violation that the department determined resulted in the injury of the resident. The Licensee was informed on July 21, 2022, that a Civil Penalty may be assessed based on Health & Safety Code section 1569.49(f). Today November 22, 2022 the Department is issuing a Civil Penalty per H&S Code section 1569.49(f) in the amount of $10,000.00. However, since an immediate civil penalty was issued on July 21, 2022, the amount of the civil penalty issued today will be $9,500.

An exit interview was conducted, and a copy of this report was given to Martha Arreguin. Appeal Rights listed on the LIC421E were delivered and reviewed with Martha Arreguin.

SUPERVISOR'S NAME: Liza King	TELEPHONE: (916) 263-4752
LICENSING EVALUATOR NAME: Maja Jensen	TELEPHONE: 916-639-5584
LICENSING EVALUATOR SIGNATURE:	DATE: 11/22/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/22/2022

LIC809 (FAS) - (06/04)

Page: 2 of 2