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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 565802463
Report Date: 05/09/2023
Date Signed: 05/29/2024 10:44:16 AM

Unsubstantiated


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
01/30/2023 and conducted by Evaluator Martha Arroyo
COMPLAINT CONTROL NUMBER: 29-AS-20230130113402
FACILITY NAME:PEOPLE'S CARE HOWEFACILITY NUMBER:
565802463
ADMINISTRATOR:TANYA KRAMERFACILITY TYPE:
735
ADDRESS:3851 HOWE RDTELEPHONE:
(805) 398-5096
CITY:FILLMORESTATE: CAZIP CODE:
93015
CAPACITY:6CENSUS: 4DATE:
05/09/2023
UNANNOUNCEDTIME BEGAN:
10:00 AM
MET WITH:Danshelle Day TIME COMPLETED:
11:30 AM
ALLEGATION(S):
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Neglect/Lack of Supervision: Staff did not prevent Client #2 (C2) from sexually abusing Client #1 (C1) while in care.
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Martha Arroyo conducted a subsequent complaint visit to deliver findings for the above allegation. LPA met with Administrator, Danshelle Day and explained the reason for the visit. This is an amended report from the findings previously issued on 05/09/2023. This report supersedes the report issued on 05/09/2023.

On 01/30/2023, the Department received a complaint regarding an allegation of Neglect/Lack of Supervision. It was alleged that Client #1 (C1) was being sexually abused by another Client #2 (C2) while under the care and supervision of the facility. The complaint was referred to Community Care Licensing (CCL) Investigations Branch (IB) and assigned to Investigator Philippe Ryan Miles.

Continued on LIC 9099C...
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Desaree Perera
LICENSING EVALUATOR NAME: Martha Arroyo
LICENSING EVALUATOR SIGNATURE:

DATE: 05/09/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/09/2023
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 5
Control Number 29-AS-20230130113402
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: PEOPLE'S CARE HOWE
FACILITY NUMBER: 565802463
VISIT DATE: 05/09/2023
NARRATIVE
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Continued from LIC 9099...

On 01/31/2023, from 11:00 a.m. to 1:45 p.m., LPA Arroyo conducted an unannounced initial complaint visit for the above allegation. Upon arrival, LPA Arroyo met with staff who reported the Administrator was unavailable. The District Manager, Joanna Iniguez, arrived shortly after and the LPA explained the reason for the visit. During the visit, at 11:20 a.m., the LPA conducted a brief tour of the facility, began record review of resident files at 11:40 a.m., and obtained copies of resident records and other pertinent documents relevant to the investigation.

On 02/16/2023, from approximately 11:55 a.m. to 1:41 p.m., Investigator Miles conducted interviews with C1’s resident representative and C1; and on 03/01/2023, from approximately 10:46 a.m. to 1:37 p.m., Investigator Miles and Tri-Counties Regional Center Quality Assurance Specialist (TCRC QAS) conducted joint interviews with C2 and staff. In addition, the Investigator reviewed facility file documents related to C1 and C2, Ventura County Sheriff’s Office Reports #2023-12212, and TCRC Incident Report for C2 dated 01/29/2023.

The information obtained from client and staff interviews revealed that C1 stated C1 and C2 engaged in inappropriate behavior(s) and sex, but C1 had not agreed upon these act(s). C2 admitted they engaged in inappropriate behaviors and had consensual sex with C1 for a while. Both C1 and C2 reported these incident(s) to staff members but they “did not do anything about it.”

Further investigation revealed that although C1 has diminished mental and physical disabilities, C1 revealed in several interviews that they did not take issue with C2’s advances. C1 can communicate with no problem in just four or five words and has not had any problem in communicating what C1 wants or needs; likewise, when C1 disagrees with something C1 will become upset and engage in major behavior. During interviews, C1 was not consistent with their version of events and there were indications that the encounters may have been consensual.

Continued on LIC 9099C...
SUPERVISORS NAME: Desaree Perera
LICENSING EVALUATOR NAME: Martha Arroyo
LICENSING EVALUATOR SIGNATURE:

DATE: 05/09/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/09/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 29-AS-20230130113402
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: PEOPLE'S CARE HOWE
FACILITY NUMBER: 565802463
VISIT DATE: 05/09/2023
NARRATIVE
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Continued from LIC 9099C...

The investigation revealed that staff member(s) “have known” of C1 and C2’s inappropriate and sexual behavior(s) “for a while” since October 2022. The staff observed some inappropriate interactions between C1 and C2 and elevated their observations to supervisors. Staff indicated that the sexual encounters appeared to have been consensual. Staff member(s) admitted to witnessing the inappropriate behavior(s) between C1 and C2 and had only been redirecting the behavior(s); but “never reported or documented any of the incidents” until January 2023.

In January 2023, there were two separate incidents that occurred on 01/11/2023 and 01/23/2023, of which staff member(s) witnessed C1 and C2 engage in sexual behaviors and tendencies. Staff #1 (S1) and Staff #2 (S2) reported these incidents to upper management, but never documented or reported (to CCL, APS, police, or C1’s resident representative) until 01/29/2023 in a Special Incident Report (SIR) when C2 was arrested by Ventura County Sheriff’s Office (VCSO). C2 was charged with two felonies – PC286(H) “Sodomy on someone with a mental disorder, developmental/physical disability” and PC 287 “Forcible oral copulation”.

Based on interviews and records review, although the allegation may be valid, there is insufficient evidence to support the allegation or that a violation occurred. Therefore, the allegation “Staff did not prevent Client #2 (C2) from sexually abusing Client #1 (C1) while in care” is deemed Unsubstantiated at this time. The complaint finding originally issued on 05/09/2023 is amended from “Substantiated” to “Unsubstantiated” and the citations and related $1,000 civil penalty are dismissed.


Exit interview conducted, copy of this report issued.
SUPERVISORS NAME: Desaree Perera
LICENSING EVALUATOR NAME: Martha Arroyo
LICENSING EVALUATOR SIGNATURE:

DATE: 05/09/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/09/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 5
Control Number 29-AS-20230130113402
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: PEOPLE'S CARE HOWE
FACILITY NUMBER: 565802463
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 05/09/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
CCR
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Type A
CCR
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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: Desaree Perera
LICENSING EVALUATOR NAME: Martha Arroyo
LICENSING EVALUATOR SIGNATURE:

DATE: 05/09/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/09/2023
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 29-AS-20230130113402
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: PEOPLE'S CARE HOWE
FACILITY NUMBER: 565802463
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 05/09/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
CCR
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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: Desaree Perera
LICENSING EVALUATOR NAME: Martha Arroyo
LICENSING EVALUATOR SIGNATURE:

DATE: 05/09/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/09/2023
LIC9099 (FAS) - (06/04)
Page: 5 of 5