complaint·May 3, 2021

The Department received a complaint on July 20, 2020 alleging that the staff financially abused resident (R1) (See LIC 811 Confidential Names List). Interviews with staff, outside sources and a records review revealed that, on June 15, 2020, staff (S1) (see LIC 811 Confidential Names List) was a caregiver working at the facility. That day, S1 had an opportunity to be alone in R1’s room, at which time S1 took R1’s property, a personal check that was in their room. On June 16, 2020, S1 attempted to cash R1’s check at a check cashing store, with S1’s name written on the check as the payee and endorsed with R1’s purported signature. Per law enforcement evidence, R1 did not, in fact, write or authorize the check that S1 attempted to cash. An outside source reported the incident to the police and an investigation was conducted by the police. The investigation included showing witnesses surveillance photos of S1 trying to cash the check, and verifying that R1 never gave permission to S1 to take the check, complete it and sign R1’s name on the signature line. An arrest warrant was subsequently issued for S1’s arrest for three (3) felony charges including identity theft, forgery and financial elder abuse by a caretaker. Further investigation revealed that R1’s wallet, containing a bank card and identification, was also missing from R’1s room at the facility. S1 was terminated from employment at the facility on June 16, 2020. The Department’s interviews with staff, outside sources and records review also revealed that, prior to the theft incident on June 15, 2020, S1 had worked at the facility for almost two (2) weeks. Prior to S1’s employment at the facility, only one reference check was conducted which revealed that S1 had not worked at the facility that S1 had used as a reference. Hiring S1 to work at the facility without proper vetting and giving them an opportunity to be alone in R1’s room created an unreasonable risk to the residents in care. Although the facility provided R1 with a secure lockbox in their bedroom closet and a lockable cabinet in their bathroom, the check was kept in a box in the bedroom along with R1’s files and other documents. Based on the evidence obtained during the complaint investigation, the allegation that staff financially abused resident is found to be SUBSTANTIATED, as there is a preponderance of the evidence to prove that the allegation occurred. A citation is being issued in accordance with California Code of Regulations, Title 22, and is listed on the LIC9099D, and a plan of correction was developed with Ms. Chavarria. An exit interview was conducted via FaceTime with Ms. Chavarria, and a copy of this report, including the LIC 9099D, the LIC 811 and Applicant/Licensee Rights (LIC 9058 01/16) were emailed to the email address she provided to LPA; an email read receipt confirms receipt of these documents.