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Inspection visit

Follow-up on corrections

MERRILL GARDENS AT GILROYLicense 4352028062 citations on this visit
2 citations recorded

Inspector’s narrative

What the inspector wrote

Licensing Program Analyst (LPA) Christine Dolores arrived to the facility unannounced to open an initial complaint investigation. During visit, a case management visit was conducted. LPA met with Executive Director (ED) Diane Atkinson and Business Officer Director (BOD) Kippie Castronovo. During the complaint investigation, LPA and ED toured the Garden House unit and it was observed staff (S1) was not associated to the facility personnel report summary. Upon the review of the Guardian Background Check System, it was determined S1’s application is incomplete therefore is not fingerprint cleared. S1 was immediately dismissed from work and was informed S1 would not be able to work at the facility until they obtain a fingerprint clearance. LPA provided S1 with the document that was mailed to S1's mailing address from Guardian. BOD confirmed S1 has been working in the facility for more than 5 days. LPA observed three staff members who was not associated to the facility but are fingerprint cleared. Two out of three staff members were associated to the facility's old license. One out of three staff members (S2) is not associated to the facility and has been working in the facility for more than 5 days. BOD will submit the LIC9182 form along with other needed paperwork by end of business day. Deficiencies were cited during today’s visit, see LIC 809-D. A civil penalty is being assessed for the amount of $500 ($100 per day x 5 days = $500), for staff (S1) working at the facility without fingerprint clearance. A second civil penalty is being assessed for the amount of $500 ($100 per day x 5 days = $500), for staff (S2) working at the facility without association. Please see LIC 421BG. Exit interview was conducted with Executive Director Diane Atkinson and a copy of the report was provided along with the appeal rights.

Citations

2 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.

  • 87355(e)(1)Type A

    (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 ... This requirement was not met as evidenced by: Based on record review, interview, and observation the Licensee did not comply with the section cited above for staff (S1) which poses an immediate health, safety, and personal rights risk to persons in care.

  • 87355(e)(2)Type A

    (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 ... This requirement was not met as evidenced by: Based on record review, interview, and observation the Licensee did not comply with the section cited above for staff (S2) which poses an immediate health, safety, and personal rights risk to persons in care.

FAQ · About this visit

Common questions about this visit

What happened during the December 8, 2022 inspection of MERRILL GARDENS AT GILROY?

This was a other inspection of MERRILL GARDENS AT GILROY on December 8, 2022. 2 citations were issued: 2 Type A (serious).

Were any citations issued to MERRILL GARDENS AT GILROY on December 8, 2022?

Yes, 2 citations were issued (2 Type A, 0 Type B). The first citation was for: "(e) All individuals subject to a criminal record review pursuant to Health and Safety Code Section 1569.17(b) shall prio..."

What type of inspection was this?

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

SourceView on CCLDView original report

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