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Inspection visit

Follow-up

SAN CARLOS ELMSLicense 4156001353 citations on this visit
3 citations recorded

Inspector’s narrative

What the inspector wrote

On September 22, 2023, Licensing Program Analyst (LPA) Komal Charitra conducted an unannounced case-management visit to follow up on a case management visit that was conducted on 6/6/2023. LPA met with Administrator, Scott Evans and explained the purpose of the visit. On 6/6/2023, LPA conducted a case management visit to follow up on two incident reports. On 5/31/2023, Licensee reported that S1 allegedly sexually abused Resident 1 (R1) and Resident 2 (R2) on 5/28/2023. These incidents were referred to the Department’s Investigation Branch. During the investigation, the Department’s Investigator conducted record review, reviewed R1 and R2’s files, conducted interviews and reviewed the police report. Based on the interviews conducted, S1 worked NOC shift on 5/27/2023 and was instructed to stay at the front desk and monitor call lights from assisted living residents due to lack of training. In addition, staff interviewed indicated that S1 was instructed that if a call light activated, S1 would radio or call the memory care caregivers to assist the resident. According to Staff 2 (S2), the Memory Care Director who was on shift the day of the incident, it was acknowledged that S1 and S2 checked on R1 at around 1:35am, however R1 did not need any assistance. Camera footage observed shows S1 entering R1’s room alone at 3:18am. S2 denied being with S1 during this time. Furthermore, when administrator, Scott Evans asked S1 if he/she had entered R2’s room, initially S1 denied this allegation, however changed his/her answer and admitted he/she did enter R2’s room. (CONT. TO 809C) During the investigation, it was also noted that S1 was disassociated from the facility on 01/12/2021. S1 required a criminal record exemption effective 10/29/2020 as the Department received additional or subsequent criminal record information and that S1 no longer has a criminal record clearance. S1 had failed to complete the exemption process putting residents health and safety in the facility at risk. Deficiencies cited today under the California Code of Regulations, Title 22, Division 6, follows on LIC 9099D. An immediate civil penalty in the amount of $500 for a violation resulting in death and serious bodily injuries. The Licensee was informed that additional civil penalties may be assessed. Report a reviewed with Administrator and a copy is provided with appeal rights. Civil penalties are also provided.

Citations

3 citations 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.

  • 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.

  • 87405(h)(1)Type A

    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.

  • 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.

FAQ · About this visit

Common questions about this visit

What happened during the September 22, 2023 inspection of SAN CARLOS ELMS?

This was an other inspection of SAN CARLOS ELMS on September 22, 2023. 3 citations were issued: 3 Type A (serious).

Were any citations issued to SAN CARLOS ELMS on September 22, 2023?

Yes, 3 citations were issued (3 Type A, 0 Type B). The first citation was for: "87355 Criminal Record Clearance: (e) All individuals subject to a criminal record review pursuant to Health and Safety C..."

What type of inspection was this?

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

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Data from CCLD public records. Last updated . If you believe any information is inaccurate, report it here.