San Carlos Elms

Submit and maintain current mailing address

87355 Criminal Record Clearance: (e) All individuals subject to a criminal record review pursuant to Health and Safety Code Section 1569.17(b) shall prior to working, residing or volunteering in a licensed facility:(1) Obtain a California clearance or a criminal record exemption as required by the Department or...Violation of this regulation is not met as evidenced by: Based on documents reviewed, while S1 initially had criminal record clearance, there was a failure to obtain an exemption as required as S1 was still working at the facility

87405 Administrator - Qualifications and Duties: (h) The administrator shall have the responsibility to: (3) Develop an administrative plan and procedures to ensure clear definition of lines of responsibility, equitable workloads, and adequate supervision.Violation of this regulation is not met as evidenced by: Based on interviews conducted and documentation reviewed, S1 did not have any formal caregiving training to be able to provide care to residents at the facility, however approved to be a last-minute caregiver without adequate supervision. Nevertheless, S1 was able to sexually abuse R1 and R2 during his/her NOC shift on 5/27/2023.

Facility personnel sufficiency and competence

87411 Personnel Requirements - General: (a) Facility personnel shall at all times be sufficient in numbers, and competent to provide the services necessary to meet resident needs…Violation of this regulation is not met as evidenced by: Based on documentation reviewed, and interviews conducted, it was acknowledged by the administrator that there are normally 3-4 caregivers that work NOC shift, however the night of 5/27/2023, there were only three staff members, one of which comprised of one administrative/clerical staff.

On-the-job training requirements

87411 Personnel Requirements - General: (d) All personnel shall be given on the job training or have related experience in the job assigned to them. This training and/or related experience shall provide knowledge of and skill in the following, as appropriate for the job assigned and as evidenced by safe and effective job performance:Violation of this regulation is evidenced by: Based on interviews conducted and documentation reviewed, S2 and S3 acknowledged that S1 did not have any formal caregiving training and lacked caregiving experience, however S1 was approved by S2 and S3 for overtime as a last-minute caregiver during the NOC shift on 5/27/2023.

87405 - Administrator - Qualifications and Duties: (h) The administrator shall have the responsibility to: (1) Administer the facility in accordance with these regulations and established policy, program and budgetViolation of this regulation is not met as evidenced by: The administrator failed submit to the Department a completed exemption request on S1’s behalf to allow S1 to continue to work, reside or be present in the facility with criminal record clearance. The administrator also failed to immediately remove him/her from the facility as S1 was disassociated from the facility effective 01/12/2021 and continued to be employed at the facility until S1’s resignation (last date worked) 05/30/2023.

Obtain required California clearance or exemption

87355 Criminal Record Clearance: (e) All individuals subject to a criminal record review pursuant to Health and Safety Code Section 1569.17(b) shall prior to working, residing or volunteering in a licensed facility: (2) Request a transfer of a criminal record clearance as specified in Section 87355(c) or...Violation of this regulation is not met evidenced by: Based on record review, S1 was not observed to be associated to the facility.

Safe, healthful, comfortable accommodations

87468.1 Personal Rights of Residents in All Facilities: (a) Residents in all residential care facilities for the elderly shall have all of the following personal rights:(2) To be accorded safe, healthful and comfortable accommodations, furnishings and equipment.Violation of this regulation is not met as evidenced by: Based on the Department's interviews and record conducted, the Department found that S1 abused R1 and R2 which poses an immediate health and safety risk to residents in care.