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Inspection visit

Follow-up

MERRILL GARDENS AT GILROYLicense 4352028061 citation on this visit
1 citation recorded

Inspector’s narrative

What the inspector wrote

Licensing Program Analysts (LPAs) Christine Dolores and Marcella Tarin arrived unannounced to conduct a case management visit to deliver an immediate exclusion letter for staff (S1). LPAs met with General Manager (GM), Billy Mitchell. On 12/06/2024, the Department conducted an initial visit to investigate a reported incident involving physical abuse to resident (R1) by staff (S1). The incident occurred on the night of 12/02/2024 and the facility was informed on 12/03/2024. On 12/03/2024, S1 was escorted out of the building and on 12/04/2024, S1's employment was terminated from the facility. LPAs provided a letter "Order to Licensee/Facility of Immediate Exclusion From Facility" That the department determine that S1 engaged in conduct inimical as a staff in the facility. GM was informed to remove S1 from any contact with residents and S1 may not be physically present in any facility. A deficiency was cited per California Code of Regulations, Title 22. See LIC809-D. The Department issued a citation under 87468.1(a)(3) Personal Rights. S1's aggressive action towards R1 violated R1's personal rights when S1 quickly dragged R1 across the room to the bathroom, covered R1's mouth, and pushed R1 to the ground causing R1 to sustain bruises on his/her shoulder area and toes. This report was reviewed with General Manager (GM) Billy Mitchell and a copy of the report along with the appeal rights were provided.

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.

  • 87468.1(a)(3)Type A

    (a) Residents in all residential care facilities for the elderly shall have all of the following personal rights: (3) To be free from punishment, humiliation, intimidation, abuse, or other actions of a punitive nature,... This requirement is not met as evidenced by: Based on interview, record review and observation S1's aggressive actions towards R1, the night of 12/02/2024 violated R1's personal rights, which poses/posed 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 10, 2024 inspection of MERRILL GARDENS AT GILROY?

This was a other inspection of MERRILL GARDENS AT GILROY on December 10, 2024. 1 citation were issued: 1 Type A (serious).

Were any citations issued to MERRILL GARDENS AT GILROY on December 10, 2024?

Yes, 1 citation was issued (1 Type A, 0 Type B). The first citation was for: "(a) Residents in all residential care facilities for the elderly shall have all of the following personal rights: (3) To..."

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.