complaint·December 8, 2022

Investigation revealed the following: Regarding allegations, Resident is being unlawfully evicted while in care , it is alleged that a facility resident is being put out/ evicted from the facility on 12/1/22 and does not have anywhere to go. Interview conducted with Administrator Lupe Harvey revealed that at the moment the facility has only issued a notice of eviction to R2. Administrator stated that there is no other resident being evicted from the facility. She stated that R1 is not being evicted and stated that R1 just recently moved in on 11/18/21. She stated that R1 has expressed that they want to move and that she notified DHS HFH Case Worker Carmen Zavala. LPA interviewed DHS HFH Case Worker Carmen Zavala who stated that she is aware that R1 wants to move. She stated that R1 recently moved into the facility on 11/18/22. She stated that at the moment there is no other available housing and R1 is aware. She stated that R1 does have the choice of living independently or with family and has been instructed to reach out to family. Ms. Zavala stated that R1 has been evicted from other facilities and that R1 is noncompliant with their medical care. Interview conducted with R1 revealed that they never stated that they were being evicted. R1 stated that they want to move to another facility and that they need the facility administrator to assist them in finding another facility. R1 stated that they will also follow up with their Department of Health Services Case Worker and that Case Worker is aware that they want to move. LPA reviewed R1's facility file and there was no eviction notice on file. LPA reviewed R2's facility file and did see that R2 was issued an eviction notice on 11/23/22. LPA also reviewed R1-2's Admission Agreements which state Eviction Procedures and both documents were signed by R1-2. Based on LPA review of documents and statements gathered from interviews conducted there was not enough supportive evidence to concur with the reported allegation. 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, therefore the allegation is UNSUBSTANTIATED . Exit interview held. A copy of the report was provided to Administrator Lupe Harvey