435201796-5-19-2025-26-AS-KHOS-DH2LAA-20250526083449

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 435201796
Report Date: 05/19/2025
Date Signed: 05/19/2025 03:15:16 PM

Substantiated

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
10/21/2024 and conducted by Evaluator Christine Kabariti

COMPLAINT CONTROL NUMBER: 26-AS-20241021234333

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: 69	DATE:	05/19/2025
		UNANNOUNCED	TIME BEGAN:	01:15 PM
MET WITH:	Armando Guba		TIME COMPLETED:	03:20 PM

ALLEGATION(S):

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Staff engaged in a sexually inappropriate relationship with a resident in care.

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Christine Kabariti arrived unannounced to deliver the finding for the above allegation. LPA met with Assistant Administrator, Armando Guba.

On 10/21/2024, the Department received a complaint regarding the above allegation. On 10/22/2024, the initial complaint investigation was conducted. The following documents were obtained for this investigation to include resident roster, 4 resident's physician's report, appraisal/needs and services plan, photo identification information, face sheet, daily notes for October, staff roster, staff schedule for October 2024, 4 staff member's personnel record and identification card, incident reports, police report, and medical records.

It was alleged that 2 staff members (S1 and S2) engaged in a sexually inappropriate relationship with resident (R1) while in care of the facility. Page 1 of 3.

Substantiated

Estimated Days of Completion:

SUPERVISORS NAME: Jackie Jin
LICENSING EVALUATOR NAME: Christine Kabariti
LICENSING EVALUATOR SIGNATURE:	DATE: 05/19/2025

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/19/2025

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 4

Control Number 26-AS-20241021234333

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: 05/19/2025

NARRATIVE

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During the investigation, it was found that resident (R1) made consistent statements to the police department and to the Department (Community Care Licensing Division) regarding S1 and S2.

Based on interview with R1, it was stated that S1 was buying him/her food in exchange for sexual favors. S1 admitted to buying R1 food twice and driving R1 and other residents in the community and back to the facility per R1’s request. S1 also admitted to calling and texting R1 on several occasions and giving R1 money, food and cigarettes.

Based on interview with the Administrator, it was stated that R1 had S1’s phone number saved on his/her phone and confirmed the number saved was S1’s phone number after comparison. ADM had possession of R1’s phone and all the messages between R1 and S1 were deleted.

Based on staff interviews, staff were not aware of the allegation regarding R1 and S1.

Based on interview with R1, it was stated that R1 had intercourse with S2 on four occasions, three times when S2 drove R1 to appointments and one time in a vacant room at the back of the facility. R1 stated the sexual encounters were not consensual but never told S2 “no” or “stop”. R1 stated to be pregnant with S2’s baby but later terminated the pregnancy.

ADM had possession of R1’s phone and all the messages between R1 and S2 were deleted.

Based on interview with the Administrator, it was stated that any staff who is trained to be a driver can drive residents of any gender to appointments, and S2 was trained.

Based on staff interviews, staff were not aware of the allegations between R1 and S2, however, when thinking back, staff recalled how S2 made statements that stood out when R1 provided ADM his/her phone and consented to a search. It was stated that S2 made a “big deal” about searching R1’s phone and said it was illegal. Page 2 of 3.

SUPERVISORS NAME: Jackie Jin
LICENSING EVALUATOR NAME: Christine Kabariti
LICENSING EVALUATOR SIGNATURE:	DATE: 05/19/2025

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/19/2025

LIC9099 (FAS) - (06/04)

Page: 2 of 4

Control Number 26-AS-20241021234333

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: 05/19/2025

NARRATIVE

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S2 resigned from the facility and initially stated that he/she would cooperate with the investigation but later ceased all communication with the facility. The Department contacted S2 on multiple occasions but S2 never returned calls to the Department and failed to show for his/her scheduled interview.

Interview with R1’s friends who are residents of the facility, confirmed R1’s statements about R1’s relationships with S1 and S2.

Based on the facility’s internal investigation, they had found that S1 and S2 violated the company’s policy of professional boundaries. S1 and S2 are not eligible for rehire.

The Department has investigated the above allegation. Based on interview, record review and observation the preponderance of evidence standard has been met, therefore, the above allegation is substantiated. A deficiency was cited per California Code of Regulations, Title 22. See LIC9099-D.

This report was reviewed with Assistant Administrator, Armando Guba and a copy of the report and appeal rights were provided.

Page 3 of 3.

SUPERVISORS NAME: Jackie Jin
LICENSING EVALUATOR NAME: Christine Kabariti
LICENSING EVALUATOR SIGNATURE:	DATE: 05/19/2025

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/19/2025

LIC9099 (FAS) - (06/04)

Page: 3 of 4

Control Number 26-AS-20241021234333

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
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 05/19/2025

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 05/20/2025 Section Cited CCR 80072(a)(1)	1 2 3 4 5 6 7	(a) Except for children’s residential facilities, each client shall have personal rights which include, but are not limited to, the following: (1) To be accorded dignity in his/her personal relationships with staff and other persons. This requirement is not met as evidenced by:	1 2 3 4 5 6 7	Licensee will conduct training with staff regarding resident rights, mandated reporter, abuse, and the company's policy of professional boundaries.
	8 9 10 11 12 13 14	Based on observation, interview, and record review the licensee did not comply with the section cited above wherein staff (S1) and (S2) engaged in inappropriate relationships with R1 and violated the company’s policy of professional boundaries which poses an immediate health, safety, and personal rights risk to persons in care.	8 9 10 11 12 13 14	Licensee will submit the training to LPA Kabariti via email by POC due date of 05/20/2025.
	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.

SUPERVISORS NAME: Jackie Jin
LICENSING EVALUATOR NAME: Christine Kabariti
LICENSING EVALUATOR SIGNATURE:	DATE: 05/19/2025

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/19/2025

LIC9099 (FAS) - (06/04)

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