435200967-8-14-2020-26-AS-SYIP-BT9MRP-20200908095040

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 435200967
Report Date: 08/12/2020
Date Signed: 08/14/2020 11:35:58 AM

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 2580 N. FIRST STREET, STE. 350
SAN JOSE, CA 95131

This is an official report of an unannounced visit/investigation of a complaint received in our office on
12/12/2019 and conducted by Evaluator Yatfai Ng

COMPLAINT CONTROL NUMBER: 26-AS-20191212141523

FACILITY NAME:	ROSE GARDEN COURT		FACILITY NUMBER:	435200967
ADMINISTRATOR:	ROSETE, LILETTE		FACILITY TYPE:	740
ADDRESS:	958 VERMONT STREET		TELEPHONE:	(408) 247-0815
CITY:	SAN JOSE	STATE: CA	ZIP CODE:	95126
CAPACITY:	30	CENSUS: 18	DATE:	08/12/2020
		UNANNOUNCED	TIME BEGAN:	01:18 PM
MET WITH:	Michael Rosete		TIME COMPLETED:	01:23 PM

ALLEGATION(S):

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Resident was sexually abused while in care

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Yatfai Eric Ng conducted an unannounced subsequent investigation tele-visit today to deliver a finding. Due to current COVID-19 situation, LPA virtually met with the Licensee Michael Rosete.

On 12/16/2019, Licensing Program Manager Sarah Yip and LPA conducted an unannounced initial investigation visit. LPA obtained a copy of staff roster, resident roster, and personnel summary and interviewed 8 residents with 2 refusals. 6 out of 6 residents interviewed stated that they were not sexually abused while in care. Neither did they witness any resident being sexually abused while in care.

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Sarah Yip	TELEPHONE: (408) 324-2131
LICENSING EVALUATOR NAME: Yatfai Ng	TELEPHONE: (559) 410-0327
LICENSING EVALUATOR SIGNATURE:	DATE: 08/12/2020

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/12/2020

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

LIC9099 (FAS) - (06/04)

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Control Number 26-AS-20191212141523

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 2580 N. FIRST STREET, STE. 350
SAN JOSE, CA 95131

FACILITY NAME: ROSE GARDEN COURT	FACILITY NUMBER: 435200967
	VISIT DATE: 08/12/2020

NARRATIVE

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Between 1/7/2020 and 4/29/2020, the Department obtained additional documents and interviewed the alleged victim, 2 residents, and 4 staff. 4 out of 4 staff interviewed stated they did not sexually abuse resident while in care. 4 out of 4 staff stated they did not witness other staff sexually abused resident while in care. 1 out of 2 residents stated no staff has ever touched her inappropriately and has not heard any resident that had been touched inappropriately.

On 1/13/2020, the Department and the law enforcement jointly obtained statements from the alleged victim. It was noted the alleged victim did not answer some of the questions being asked or provided answers unrelated to the questions asked due to physical impairment. However, his description of a vibrating tool being used on him in the shower is consistent with the spray nozzle and or brush used when cleaning residents in the shower.

On 2/12/2020, the Department examined the washing tool that was used on residents while showering. The tool matched the description from the alleged victim.

Based on interviews and observation, the Department has determined that the allegation was UNSUBSTANTIATED, meaning that although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur.

This report was reviewed with Licensee and a copy of this report was emailed to Licensee for reference and for signature.

SUPERVISOR'S NAME: Sarah Yip	TELEPHONE: (408) 324-2131
LICENSING EVALUATOR NAME: Yatfai Ng	TELEPHONE: (559) 410-0327
LICENSING EVALUATOR SIGNATURE:	DATE: 08/12/2020

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/12/2020

LIC9099 (FAS) - (06/04)

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