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Inspection visit

Complaint

RINCON ASSISTED LIVINGLicense 5658504391 citation on this visit
1 citation recorded

Inspector’s narrative

What the inspector wrote

also reviewed documents, including but not limited to resident file information, shift notes, incident report, staff documents, and police report. Throughout the course of the investigation, LPA Dulek reviewed all relevant information obtained. The following was then determined: The complaint alleges that Staff #1 (S1) touched Resident #1 (R1)’s breast and pinched R1’s nipples during a haircut. Interview with R1’s mental health provider revealed that R1 had a noticeable change in behavior in November 2025. When asked, R1 did not wish to disclose what had upset them and R1 said they would deal with it. Later, R1 reported that while S1 was cutting R1’s hair, S1 pinched both of R1’s nipples and R1 slapped S1’s hand away. Interviews revealed that on or around 11/12/2025, R1 requested S1 cut their hair. S1 does cut various residents’ hair when requested, but typically the haircuts take place in a facility common area, such as the dining room. However, R1’s haircut took place in their room, where there are no cameras present. Interviews with staff and other credible persons revealed that R1 is honest and does not have any history of fabrication. Although S1 denied they inappropriately touched R1, S1 did acknowledge they may have “accidentally” touched R1’s breast during the haircut. During the investigation, Resident #2 (R2) reported they had sexual intercourse with S1 on two (2) occasions when S1 took R2 out of the facility for a drive. Interview with residents revealed that S1 is “really chummy with the females” and has been observed to pay special attention to R2 while at the facility. Staff interviewed also reported that S1 and R2 often sit together at the facility and leave together regularly, not only for scheduled medical appointments. According to R2, “everything [with S1] was consensual.” R2 indicated that approximately six (6) months ago during the summer, there were two (2) times R2 and S1 had sexual relations inside S1’s personal vehicle. The first incident involved physical contact, including touching and kissing, and S1 touched R2’s intimate areas. In the second incident, R2 reported having sexual intercourse with S1. S1 denied having any sexual relationship with R2. S1 smiled and laughed as S1 explained that it was R2 who made sexual advances toward S1, including R2 exposing themselves to S1. S1 did recount that on one occasion after their work hours, S1 observed R2 on the street and S1 offered R2 a ride in their personal vehicle. S1 acknowledged that it was inappropriate to drive a resident in a personal vehicle. This behavior violates the facility’s staff code of ethics, which S1 had signed on 09/12/2024. Documents reviewed and interviews with their respective mental health professionals confirmed that both R1 and R2 are conserved and unable to make their own medical or psychiatric decisions, including consenting to any type of sexual encounter. Therefore, although R2 indicated their interactions with S1 were Report Continued on LIC 9099-C “consensual,” R2 acknowledged it was inappropriate for any resident to have this type of relationship with a staff member due to the various mental health issues the residents in the facility have been diagnosed with. Many residents in the facility were aware of the allegations and reported concern for both R1 and R2 in their interactions with S1. Additional mental health professionals working with various residents in the facility expressed concern for not just R1 and R2, but the psychological impact this inappropriate behavior has had on many residents at the facility. Based on information gathered during the course of the investigation, there is sufficient evidence to support the allegation; therefore, the allegation “staff engaged in inappropriate sexual behavior with resident(s)” is deemed SUBSTANTIATED at this time. Pursuant to Title 22, California Code of Regulations and/or CA Health and Safety Code, the following deficiency was cited (refer to LIC 9099-D.) Facility Designee was informed that failure to correct the deficiency may result in civil penalties. Exit interview conducted, appeal rights discussed and a copy of today's report and appeal rights were provided via email.

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.

  • 1569.58(a)(2)Type A

    §1569.58 (a) (2) Engaged in conduct that is inimical to the health, morals, welfare, or safety of either an individual in or receiving services from the facility, or the people of the State of California.This requirement is not met as evidenced by: Based on interview and record review, the licensee did not comply with the above cited section, as 2 residents reported having inappropriate sexual interactions with S1 and S1 transported a resident alone in their personal vehicle, which posed an immediate personal rights risk to residents in care.

  • 87211(c)Type A

    Report suspected non-serious physical abuse within 24 hours

    87211(c) Any suspected physical abuse that does not result in serious bodily injury of an elder or dependent adult shall be reported...within twenty-four (24) hours as required by Welfare and Institutions Code Section 15630(b)(1).This requirement is not met as evidenced by: Based on interview and record review, the licensee did not comply with the above cited section, as Administrator and other mandated reporters had knowledge of the sexual abuse allegation on 11/24/2025, but did not report until 01/30/2026, which posed an immediate safety risk to persons in care.

  • Conformance with applicable laws and regulations

    87405(d)(2) Administrator - Qualifications and Duties (d) The administrator shall have the qualifications specified in Sections 87405(d)(1) through (7)... (2) Knowledge of and ability to conform to the applicable laws, rules and regulations.This requirement is not met as evidenced by: Based on interview and observation, the licensee did not comply with the above cited section as Administrator was unaware of the mandated reporting requirement to report all cases of suspected abuse, which poses a potential safety and personal rights risk to persons in care.

FAQ · About this visit

Common questions about this visit

What happened during the April 29, 2026 inspection of RINCON ASSISTED LIVING?

This was a complaint inspection of RINCON ASSISTED LIVING on April 29, 2026. 1 citation were issued: 1 Type A (serious).

Were any citations issued to RINCON ASSISTED LIVING on April 29, 2026?

Yes, 1 citation was issued (1 Type A, 0 Type B). The first citation was for: "§1569.58 (a) (2) Engaged in conduct that is inimical to the health, morals, welfare, or safety of either an individual i..."

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.

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