complaint·May 24, 2023

(Continued from LIC9099) Staff interview revealed that all agencies and doctors that ED inquired with confirmed that R1 cannot be held against their own will at the facility, as R1 maintains capacity to make this decision and has made their wishes known. Outside source interview revealed that the Licensee would be in violation of R1's personal rights if the facility staff attempted to force R1 to stay at the facility. Records review showed that upon reassessment by R1's psychiatrist and primary care physician, R1's cognitive status had significantly improved, which downgraded their diagnosis.  Records review showed that on 5/15/23 R1 was cleared by their psychiatrist to be able to leave the facility unassisted.  Record review revealed that on 5/15/23 R1 and responsible party were provided a valid and lawful 30-day eviction notice due to not being able to meet R1's needs.  Record review showed that on 5/19/23 R1 left the facility of their own volition with Oceanside PD present. The allegation of illegal eviction is unsubstantiated, as the Licensee provided valid 30-day notice and showed evidence of being willing to continue to care for R1 during the 30-day eviction timeframe had they chosen to stay.  Evidence supports that R1 left the facility on their own behalf and free will, which they were allowed to do based on medical professional diagnosis.  Based on the evidence found, the resident maintained the authority to leave the facility on their own; it would have been in violation of their personal rights to be forced to remain at the facility. Based on interviews, direct LPA observations and records review, a preponderance of evidence does not exist to prove that the alleged violation occurred, therefore the allegation is UNSUBSTANTIATED.  An exit interview was conducted with Amanda Togia, Business Office Director, to whom a copy of this report and the Licensee/Appeal Rights (LIC9058 01/16) were provided.