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25 | Licensing Program Analyst (LPA) Kristin Kontilis made an unannounced case management visit to the facility to follow up on a confirmation of removal notification for one staff, and review fingerprint clearance. Administrator Brian McCague arrived at approximately 1:35 pm. LPA met with Administrator and explained the purpose for the visit.
A Decision and Order regarding Staff 1’s (S1's) exclusion from the facility was effective 9/16/2022. Documents were served to S1 and the Licensee on 9/6/2022. In an email dated 9/6/2022, Administrator Brian McCague confirmed S1 was hired on 5/24/2021 and would be terminated as of 9/6/2022. LPA verified S1 was disassociated from the facility’s fingerprint roster. During this visit, LPA obtained a staff roster/schedule and confirmed S1 was not present. Administrator McCague provided termination documentation to LPA to verify S1 was terminated effective 9/6/2022. Based on the evidence obtained during today's visit, the LPA has verified that Individual S1 is not present, employed, or residing at the facility. Verification of removal is complete.
LPA observed on the staff roster dated 9/8/2022, ten (10) additional staff did not have fingerprint clearance to work in the facility. In an email dated 9/8/2022, Administrator Brian McCague confirmed three (3) of the staff with pending clearance were still pending and were working in the facility. LPA confirmed through interview and documentation that four (4) staff (S2, S3, S4, S5) were working in the facility prior to receiving fingerprint clearance including S1. On 9/8/2022, Administrator stated in an email, he thought S5 had DOJ clearance and was cleared to work.
Administrator Brian McCague stated he thought PIN 20-09-CCLD was still in effect. PIN 20-09-CCLD waived fingerprint clearance requirements during the COVID-19 lockdowns in 2020. However, the fingerprint clearance requirement was reinstated on 7/6/2020 in PIN 20-24-ASC, which states on Page 1 that “background check waivers…are not being extended.”
Pursuant to Title 22, California Code of Regulations, the following deficiencies are cited (refer to LIC 809-D), and civil penalties are issued. Exit interview conducted. Copy of report and appeal rights issued via email. |