435201796-1-28-2025-26-AS-ACON-DEFNF3-20250304092452

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 435201796
Report Date: 01/28/2025
Date Signed: 01/28/2025 01:45:16 PM

Unsubstantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CENTRAL COAST CR/RES, 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
12/26/2023 and conducted by Evaluator Grace Donato

PUBLIC

COMPLAINT CONTROL NUMBER: 26-AS-20231226083336

FACILITY NAME:	NUEVA VISTA		FACILITY NUMBER:	435201796
ADMINISTRATOR:	WEINSTEIN, MICHAEL		FACILITY TYPE:	735
ADDRESS:	18225 HALE AVENUE		TELEPHONE:	(408) 465-8280
CITY:	MORGAN HILL	STATE: CA	ZIP CODE:	95037
CAPACITY:	72	CENSUS: 70	DATE:	01/28/2025
		UNANNOUNCED	TIME BEGAN:	10:04 AM
MET WITH:	Armando Guba		TIME COMPLETED:	01:45 PM

ALLEGATION(S):

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Staff did not provide adequate meals to client in care
Staff did not safeguard client's personal items
Staff do not treat client in care with respect
Staff do not prevent client in care from harming another client in care
Staff did not follow up on client's change of condition

INVESTIGATION FINDINGS:

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On 1/28/2025 Licensing Program Analyst (LPA) Grace Donato conducted an unannounced complaint investigation visit at the facility. LPA met with Administrator Armando Guba and explained the purpose of the visit.

Regarding the allegation that staff did not provide adequate meals to client in care, reporting party (RP) stated that resident (R1) does not have access to proper nutrition. No balanced meals are served, R1 gets things like salad. That’s it, no bread, no meat, no fruit. Tofu. Meatloaf, no sides, just one piece of meatloaf.

LPA Maruffo was able to interview five residents. R1 stated that mostly, the food here is not good. R1 doesn’t like it. Today (during the interview), yes, R1’s going to like it for lunch. R1 thinks they have chicken quesadillas and pico de gallo sauce or something like that.

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Unsubstantiated

Estimated Days of Completion:

SUPERVISORS NAME: Jackie Jin
LICENSING EVALUATOR NAME: Grace Donato
LICENSING EVALUATOR SIGNATURE:	DATE: 01/28/2025

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/28/2025

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-20231226083336

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CENTRAL COAST CR/RES, 2580 N. FIRST STREET, STE. 350
SAN JOSE, CA 95131

FACILITY NAME: NUEVA VISTA	FACILITY NUMBER: 435201796
	VISIT DATE: 01/28/2025

NARRATIVE

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The food here is just too healthy. At the same time, R1 like hamburgers, sloppy joes, and spaghetti, and corn dogs. They kind of don’t provide enough food for R1 because it does not fill me up as much. I get lunches and dinners and breakfast. R1 said that they don’t give us seconds. They don’t do that. If R1 asks for seconds, they say no, you can’t any seconds. R2 shared that the meals are one of the best part of being here because there are farm to table ingredients that are fresh. There are very natural ingredients. R2 always feel energetic after the meals. There is enough food. R2 said that they do get seconds if they want to, they get in line again. There is a monthly schedule of different meals, and they repeat the month. R3 mentioned that the food is delicious. They are allowed seconds sometimes. If you want seconds, you go out and sit on a red bench, so everyone eats. There is enough food. They have good snacks. They have pudding, jello, fruit cups, yogurt, and cake. The meals are different. R4 shared that the meals are great. They provide plenty of food. The snacks are very slim. They need more snacks. They are not able to ask for seconds. R5 shared that they don’t fix enough meals or food. It is not very good most of the time. Sometimes they allow for seconds and sometimes they don’t. They recently have allowed for seconds, but R5 is sure if they will do it anymore.

Additionally, during the LPA Maruffo’s visit, he was able to observe during meal service that residents were served a meal of chicken quesadilla and black beans. Six residents who were interviewed during meal service all said that the meal was good.

LPA Maruffo interviewed two staff members. S1 mentioned that there were only 2 residents that require double portion for meals. S2 mentioned that he residents are able to ask for seconds. They have a document in the kitchen that tells who has food restrictions, who has double portions, and so on. The residents will line up for seconds. S3 mentioned that R1 does not like eating food but prefers to order from meal delivery services. R1 is also a picky eater and the facility does not force R1 to eat if he/she doesn’t want too.

Regarding the allegation of staff did not safeguard client's personal items, RP stated that they buy R1 snacks. They have a little cubby locker that they put R1s snacks in. They won’t allow any food in the resident’s room. The cubbies are under staff’s access. R1 went to get the snacks from the cubby and the snacks were all gone. The staff sometimes find the items and retrieve it, but we have to call and complain for them to figure it out.

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SUPERVISORS NAME: Jackie Jin
LICENSING EVALUATOR NAME: Grace Donato
LICENSING EVALUATOR SIGNATURE:	DATE: 01/28/2025

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/28/2025

LIC9099 (FAS) - (06/04)

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Control Number 26-AS-20231226083336

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CENTRAL COAST CR/RES, 2580 N. FIRST STREET, STE. 350
SAN JOSE, CA 95131

FACILITY NAME: NUEVA VISTA	FACILITY NUMBER: 435201796
	VISIT DATE: 01/28/2025

NARRATIVE

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R1 mentioned that yes, they can store snacks in a personal cubby. They cannot bring the snacks back to their rooms. They can only get our personal snack at 3:30 PM. One time R1s personal snack in the cubby went missing. It was a long time ago. It was a chocolate shake. It was those little mini ensures. When R1 asked for the mini-ensure, R1 asked for more and there was more in there. They found the other ensures. They gave them to R1 and he had 6 that day. Other residents who had items stored in the cubby said they did not lose anything.

LPA Donato observed the cubby lockers to have locks in them. It is only accessible through staff helping them with the locks.

For the allegation of staff do not treat client in care with respect, RP stated that the staff take things out of R1s hands.
A staff (S2), according to R1, yelled at R1 and said if you do that out in the community, you are going to get your ass kicked. RP did not hear that but R1 told RP.

R1 stated that he/she have not had a staff here yell at you. One of the clients yelled at R1 when he/she was on the phone. The client said R1 was annoying when R1 was on the phone with a family member. R1 controlled himself/herself and said to himself/herself, what would be the good thing to do, ignore or talk back. Ignore would be the best thing to do. No staff has yelled at R1. The staff explain themselves really well towards R1. R2 shared that staff doesn’t grab stuff out of their hands. R2 thinks they are very responsible staff, they are sincere about the care they are giving to the clients. They really do want you to succeed. R3, R4 and R5 said that staff are polite and are not rude. They don’t grab belongings out of their hands.

For the allegation of staff do not prevent client in care from harming another client in care, RP stated that the other client was put in the bedroom with R1. They were fine. RP is not sure what happened but the other client punched R1 in the chest and they took R1 and moved R1 to a different room.

R1 mentioned that no, he/she have not been hit or attacked by another resident here at this facility. No one has ever punched R1 here at all. No, not in his/her bedroom at all.

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SUPERVISORS NAME: Jackie Jin
LICENSING EVALUATOR NAME: Grace Donato
LICENSING EVALUATOR SIGNATURE:	DATE: 01/28/2025

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/28/2025

LIC9099 (FAS) - (06/04)

Page: 3 of 4

Control Number 26-AS-20231226083336

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CENTRAL COAST CR/RES, 2580 N. FIRST STREET, STE. 350
SAN JOSE, CA 95131

FACILITY NAME: NUEVA VISTA	FACILITY NUMBER: 435201796
	VISIT DATE: 01/28/2025

NARRATIVE

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Regarding the allegation of staff did not follow up on client's change of condition, RP stated that R1 also is having breathing problems every morning and nothing is being done in a timely manner, this has been going on for over a year. R1 has a new stutter, and its bad.

During the interview, R1 was asked if staff notified the physician if he/she have a change in medical condition? (have the staff notified your physician of any changes, such as stutter or increased thirst?) R1 answered that they probably do. R1 said that he/she have not had a change in medical condition while living here. R1 have not had any new behaviors at all. The staff let R1 know that if there is a change in his/her health condition, they can let R1 know. Other residents interviewed said that their physicians are notified if they have any change in medical condition. R5 said that there wasn’t a change in his/her medical condition while being in the facility.

Based on interviews and observations, the department has determined that although the allegations may have happened or is valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur, therefore the allegations are UNSUBSTANTIATED.

Report is reviewed and copy is provided.

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SUPERVISORS NAME: Jackie Jin
LICENSING EVALUATOR NAME: Grace Donato
LICENSING EVALUATOR SIGNATURE:	DATE: 01/28/2025

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/28/2025

LIC9099 (FAS) - (06/04)

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