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Inspection visit

Incident investigation

VISTA ROSA ELDER CARELicense 4058023061 citation on this visit
1 citation recorded

Inspector’s narrative

What the inspector wrote

On 7/20/22 at 11:55 am, Licensing Program Analyst (LPA) Darlene Chavez conducted a Case Management - Incident visit to issue final findings and citations related to the Case Management visit conducted on 05/11/2022. LPA met with Rachelle Tellez, Assistant Administrator, and Leah Figaro, Human Resources Manager, and explained the purpose of the visit. On 5/11/22, from 2:37pm to 4:00pm, Licensing Program Analyst (LPA) Darlene Chavez conducted an unannounced case management visit to the facility. LPA met with Jessica Bailey, Administrator, and explained the reason for the visit. On 5/11/22, Administrator faxed an incident report (LIC 624) and Report of Suspected Dependent Adult/Elder Abuse (SOC 341) to Community Care Licensing (CCL) stating that, on 5/10/22, Staff #1 (S1) witnessed Resident #1 (R1) being sexually abused by Staff #2 (S2) in R1’s room. LPA interviewed the Administrator and obtained documentation pertinent to the investigation. LPA determined further investigation was needed. On 05/11/22, this case was referred to the CCL Investigations Branch (IB) and assigned to Investigator Elisia Rippe. Investigator Rippe contacted the San Luis Obispo Police Department (SLO PD) from 05/16/2022 to 06/06/2022 regarding the status of the investigation and to schedule joint interviews with witnesses. On 06/07/2022, at 10:30am and 11:37am, Investigator Rippe and SLO PD Detective Chris Chitty conducted interviews with the Administrator; at 10:47am and 11:20am, with R1’s representative; at 10:56am with R1; and at 11:46am, with S1. In addition, Investigator Rippe also reviewed Long Term Care Ombudsman (LTCO) reports and facility file documents related to R1. Continued on 809-D. On 05/10/2022, at approximately 9:00am, S1 went into R1’s room and observed S2 hovering over R1 with R1’s shirt pulled up and kissing R1’s breast. R1 stated they told S2 they did not want S2 to touch R1. The facility personnel asked S2 to leave the resident’s room. S2 attempted to visit R1’s room again. Facility personnel then escorted S2 out of the facility and contacted SLO PD law enforcement. S2’s employment with the facility was terminated effective 05/10/2022. On 05/11/2022, the facility self-reported that R1 disclosed that they were inappropriately touched by S2. The outcome of the SLO PD investigation is currently pending. Based on the information obtained through the LTCO report and joint interviews conducted with SLO PD, Investigator Rippe determined there was sufficient evidence to support a substantiated finding. Therefore, the allegation “Sexual Abuse – Facility Staff #2 (S2) inappropriately touched facility Resident #1 (R1)” is deemed Substantiated at this time. Pursuant to Title 22, California Code of Regulations, the following deficiencies are cited (refer to LIC 809-D). Exit interview conducted, appeal rights provided, a copy of this report issued.

Citations

1 citation recorded*CCLD

What does Type A vs Type B mean?

Type A. Serious citation. Imminent or substantial risk to children. The regulator requires corrective action immediately and may impose a civil penalty.

Type B. Lower-severity citation. Corrective action required, no imminent risk. The regulator monitors compliance on the next visit.

  • Right to freedom from abuse and neglect

    Additional Personal Rights of Residents in Privately Operated Facilities. Residents in all residential care facilities for the elderly shall have all of the following personal rights: To be free from neglect...and verbal, mental, physical, or sexual abuse. This requirement is not met as evidenced by: Based on interviews and police record review, the licensee did not comply with the above section because S2 inappropriately touched R1, which posed an immediate health and safety risk to residents in care.

FAQ · About this visit

Common questions about this visit

What happened during the July 20, 2022 inspection of VISTA ROSA ELDER CARE?

This was an other inspection of VISTA ROSA ELDER CARE on July 20, 2022. 1 citation were issued: 1 Type A (serious).

Were any citations issued to VISTA ROSA ELDER CARE on July 20, 2022?

Yes, 1 citation was issued (1 Type A, 0 Type B). The first citation was for: "Additional Personal Rights of Residents in Privately Operated Facilities. Residents in all residential care facilities f..."

What type of inspection was this?

This was an other inspection. other inspections are conducted by CCLD as part of their licensing oversight.

SourceView on CCLDView original report

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