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Inspection visit

complaint

GARDENS, THELicense 5150013651 citation on this visit
1 citation recorded

Inspector’s narrative

What the inspector wrote

The facility subsequently did an internal investigation into the above, followed facility personnel procedures, and took appropriate action. Although the facility took actions against S1, it has been found that S1 was physically and verbally abusive towards residents while employed at the facility. Based on interviews which were conducted, the preponderance of evidence standard has been met, therefore the above allegation(s) is found to be SUBSTANTIATED. A finding of substantiated means that the preponderance of the evidence standard has been met. California Code of Regulations, Title 22, Division six and Chapter eight are being cited on the attached LIC 9099D. Regarding a resident physically assaulting another resident, staff reported observing a resident going towards another resident, however staff intervened, and no incident took place. There was talk of other residents being “assaulted” but LPA found no information about this, therefore cannot prove or disprove that any assaults actually occurred. Therefore, the allegation is unsubstantiated. Regarding staff not preventing residents from entering other residents’ rooms, LPA has spoken with staff, witnesses, etc. Based in interviews conducted, R1’s responsible party requested the R1’s bedroom door has the ability to be locked. It was reported that the door was unlocked the next day. It is not possible to say if the door was locked the previous night, who may have unlocked it, why, etc. The resident may have unlocked the door, which they certainly have the right to do. Staff are not able to constantly monitor the lock on one resident’s door to ascertain that it is always locked; and the resident has the right to lock or unlock their own door. The allegation is unsubstantiated. A finding that an allegation is unsubstantiated means that although the allegation may have happened or is valid, there is not a preponderance of evidence to prove that the alleged violation occurred.

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, such as withholding residents’ money or interfering with daily living functions such as eating, sleeping, or elimination.This requirement was not met as evidenced by:Through interview of staff and review of documentation, LPA learned that staff S1 repeatedly pulled resident R1 by the arms at the dining table and told her to sit forward or she would not feed her. She also fastened a seatbelt around R2 in her wheelchair when R2 could not unbuckle the belt; and pulled R2 backwards down the hallway, while R2 said to stop, it was hurting; and pulled R3 by the arms down the hallway. This potentially caused an immediate health and safety hazard.

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FAQ · About this visit

Common questions about this visit

What happened during the October 19, 2023 inspection of GARDENS, THE?

This was a complaint inspection of GARDENS, THE on October 19, 2023. 1 citation were issued: 1 Type A (serious).

Were any citations issued to GARDENS, THE on October 19, 2023?

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 complaint inspection. Complaint inspections are triggered when someone reports a concern about the facility to CCLD.

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.