425800837-10-5-2022-29-AS-KBUY-CK4UCU-20221011152832

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 425800837
Report Date: 10/05/2022
Date Signed: 10/05/2022 11:47:44 AM

Substantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 21731 VENTURA BLVD. #250
WOODLAND HILLS, CA 91364

This is an official report of an unannounced visit/investigation of a complaint received in our office on
12/10/2020 and conducted by Evaluator Kristin Kontilis

COMPLAINT CONTROL NUMBER: 29-AS-20201210113117

FACILITY NAME:	GARDEN COURT AT VILLA SANTA BARBARA		FACILITY NUMBER:	425800837
ADMINISTRATOR:	STEFANIA RADU		FACILITY TYPE:	740
ADDRESS:	227 E. ANAPAMU STREET		TELEPHONE:	(805) 963-4428
CITY:	SANTA BARBARA	STATE: CA	ZIP CODE:	93101
CAPACITY:	126	CENSUS: 68	DATE:	10/05/2022
		UNANNOUNCED	TIME BEGAN:	11:02 AM
MET WITH:	Rick Olds, Administrator		TIME COMPLETED:	12:30 PM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

Resident was not accorded dignity in relationships with staff members, residents, and other persons.
Resident was not accorded the right to be free from humiliation or intimidation.

INVESTIGATION FINDINGS:

1
2
3
4
5
6
7
8
9
10
11
12
13

Licensing Program Analyst (LPA) Kontilis conducted a subsequent complaint visit to deliver findings for the above allegation. LPA met with Administrator, Rick Olds and explained the purpose for the visit. During the investigation, LPA conducted interviews with residents and resident responsible parties on 12/15/2020, 12/16/2020, 5/17/2021, and 5/22/2022. LPA interviewed staff on 5/22/2022.
On the allegations: Resident was not accorded dignity in relationships with staff members, residents, and other persons, and Resident was not accorded the right to be free from humiliation or intimidation. It was alleged that Staff 1 (S1) scolded and reprimanded residents, was rude to residents and responsible parties, and created “a climate of fear and dread” for residents.
Staff interviewed stated S1 was “not good for the residents” and described S1 as speaking in a mean way to residents. Staff stated S1 was very strict, and at night around 10pm, S1 would order residents to go to their room and go to bed. Staff stated this bothered the residents and the residents thought it was “mean.” One
Please continue to 9099-C, Pg 2.

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Kelly Burley	TELEPHONE: (805) 562-0413
LICENSING EVALUATOR NAME: Kristin Kontilis	TELEPHONE: (805) 689-2787
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 3

Control Number 29-AS-20201210113117

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 21731 VENTURA BLVD. #250
WOODLAND HILLS, CA 91364

FACILITY NAME: GARDEN COURT AT VILLA SANTA BARBARA	FACILITY NUMBER: 425800837
	VISIT DATE: 10/05/2022

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

staff interviewed stated S1 speaks to residents in a “terrible” way, and stated S1 made two residents cry by being “mean.” The resident stated S1 was mean and used a mean tone towards them, and the resident referred to S1 using a disparaging name.
Two residents indicated their dislike for S1 and both ordered S1 out of their rooms on different occasions. One resident interviewed stated S1 treated them kindly, but they had heard from other residents that they were not happy with S1, and they did not appreciate the way S1 talked down to them. One resident interviewed stated Staff 2 (S2) wanted them to put lipstick on, but the resident declined. S2 then grabbed the resident’s chin and held it and applied the lipstick. The resident reported this behavior to S1, and stated after that S2 was no longer at the facility. This resident indicated their interactions with S1 were okay, but stated other residents and staff complained about S1.
Responsible parties interviewed stated they thought S1 was “rude.” One example provided was a responsible party told S1 they would be late paying the monthly rate by 7 days, and S1 responded “What if I don’t feed [the resident] for 7 days?” A responsible party stated their family member cried every day over the treatment from S1. Another responsible party stated S1 interrupted a private conversation they were having with the resident they were visiting, and called it “disrespectful.” A responsible party stated another family member stated they felt “intimidated” into not visiting a resident.
Residents were not accorded dignity in their relationships with staff, residents, and other persons when S1 used a “rude” and “mean” tone towards residents and their responsible parties, spoke down to residents, and ordered residents to go to bed. Residents were not free from humiliation or intimidation when S2 grabbed a resident’s face and put on lipstick after the resident declined. Both S1 and S2 are no longer employed at the facility. Based on the information obtained, the allegation is deemed Substantiated at this time.

Pursuant to Title 22, California Code of Regulations, the following deficiency is cited (refer to LIC 9099-D).

Exit interview conducted. Copy of report and Appeal Rights issued via email.

SUPERVISOR'S NAME: Kelly Burley	TELEPHONE: (805) 562-0413
LICENSING EVALUATOR NAME: Kristin Kontilis	TELEPHONE: (805) 689-2787
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 3

Control Number 29-AS-20201210113117

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 21731 VENTURA BLVD. #250
WOODLAND HILLS, CA 91364

FACILITY NAME: GARDEN COURT AT VILLA SANTA BARBARA	FACILITY NUMBER: 425800837
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 10/05/2022

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 10/12/2022 Section Cited CCR 87468.1(a)(1)	1 2 3 4 5 6 7	87468.1(a)(1) Personal Rights. Residents in all residential care facilities for the elderly shall have all of the following personal rights: To be accorded dignity in their personal relationships with staff, residents, and other persons. This requirement was not met as evidenced by:	1 2 3 4 5 6 7	S1 no longer works at the facility. Administrator agreed to conduct a personal rights training with all staff and send proof of training by 10/12/2022.
	8 9 10 11 12 13 14	Based on interviews, the licensee did not comply with the above cited section when S1 spoke to residents in a rude and mean way, which posed a potential personal rights risk to residents 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.

SUPERVISOR'S NAME: Kelly Burley	TELEPHONE: (805) 562-0413
LICENSING EVALUATOR NAME: Kristin Kontilis	TELEPHONE: (805) 689-2787
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)

Page: 3 of 3