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32 | The next day on May 28, 2023, both R1 and R2 reported that they felt someone come into their room and orally copulated them during the night. R1 and R2 do not know each other. R1 stated that they repeatedly told the abuser to stop the assault. R2 stated that no permission was given, it was unwanted and felt very embarrassed by the incident.
At the time of the case-management visit conducted on September 22, 2023, an immediate civil penalty of $500 was issued. The Licensee was informed that an additional civil penalty was being determined and might be assessed based on Health and Safety Code § 1569.49
The Department has concluded an analysis and has determined that an additional civil penalty is warranted for a violation that resulted in R1 and R2 being physically abused by S1 while under the care of this facility. Physical abuse is defined by Welfare & Institutions Code section 15610.63 includes assault, battery, assault with a deadly weapon, force likely to produce great bodily injury, unreasonable physical constraint or prolonged or continual deprivation of food or water, sexual assault, and use of a physical or chemical restraint or psychotropic medication in certain conditions. This is evidenced by the Licensee failing to provide proper care and supervision which resulted in R1 and R2 being physically abused.
Today, December 29, 2023, the Department is issuing a civil penalty per Health and Safety Code 1569.49 for a violation that the Department constitutes as physical abuse in the amount of $20,000.00 ($10,000.00 for each physical abuse of a resident). However, since an immediate civil penalty of $500.00 was previously issued on September 22, 2023, the amount of the civil penalty issued today will be $19,500.00.
A copy of the LIC 421D was given to Activities Director, Kathleen Sullivan and originals were signed.
Exit interview conducted with Activities Director. A copy of the report issued. Appeal rights provided. Kathleen Sullivan's signature on this report acknowledges receipt of the appeal rights., found on page two of the LIC 421D.
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