F 0610
Respond appropriately to all alleged violations.
Level of Harm - Minimal harm
or potential for actual harm
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observation, interview, and record review, the facility failed to ensure immediate measures were put into
place to provide protections to one of three sampled resident (Resident 3) when a License Vocational
Nurse (LVN) and a Program Counselor (PC) were not suspended immediately after an alleged abuse to
Resident 3 was reported on February 14, 2024.
Residents Affected - Some
This failure had the potential for further abuse, neglect, exploitation, or mistreatment in a vulnerable
population of 68 residents as the alleged perpetrators, LVN and PC, continued to have access to the
alleged victim, Resident 3, and to other residents while the investigation was still in process.
Findings:
During a review of Resident 3 ' s admission Record (clinical record with demographic information), it
indicated Resident 3 was admitted to the facility on [DATE], with diagnoses of schizoaffective disorder (a
chronic mental health condition that affects your mood and perception of reality) bipolar type (with episodes
of manic that can shift to major depressive episodes), delusional disorder (a serious mental illness where
you can't tell the difference between what's real and what's not) and generalized anxiety disorder (a mental
disorder often worried or anxious about many things and hard to control).
A review of Resident 3 ' s history and physical examination, dated September 28, 2023, indicated Resident
3 has the capacity to understand and make decisions.
A review of State of California (SOC) Form 341 [Report of Suspected Dependent Adult/Elder Abuse ],
dated February 14, 2024, indicated . A. VICTIM . [Resident 3 name] . B. SUSPECTED ABUSER [LVN and
PC name] . F. REPORTED TYPES OF ABUSE . b. Sexual [marked] .
A review of Resident 3 ' s Interdisciplinary Team (IDT- group of healthcare providers who work together or
toward the same goal) Notes, dated February 16, 2024, indicated . On 2/14/2024 (February 14, 2024)
approx. [approximately] 8pm resident [Resident 3] approached the CN [charge nurse] and stated to her I
have something to tell you. Then the resident proceeded to say A couple of weeks ago when my roommate
was in the hospital, the CN came into my room and asked if I wanted to know a secret, but you can't tell no
one. I think your cute and kissed her forehead then left the room . Resident mentioned that she felt
uncomfortable, but it never happened again. Then the resident mentioned that months ago the PC came
into my room and started to kiss me and sucked my pussy [slang word for vagina] .IDT recommendation: .
Monitor for clinical changes: Pain and emotional wellbeing distress. Safeguard resident from alleged/
suspected abuse, Psychology/Psychiatry consults as needed.
(continued on next page)
Any deficiency statement ending with an asterisk (*) denotes a deficiency which the institution may be excused from correcting providing it is determined that other
safeguards provide sufficient protection to the patients. (See instructions.) Except for nursing homes, the findings stated above are disclosable 90 days following the
date of survey whether or not a plan of correction is provided. For nursing homes, the above findings and plans of correction are disclosable 14 days following the date
these documents are made available to the facility. If deficiencies are cited, an approved plan of correction is requisite to continued program participation.
LABORATORY DIRECTOR'S OR PROVIDER/SUPPLIER
REPRESENTATIVE'S SIGNATURE
TITLE
(X6) DATE
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Facility ID:
If continuation sheet
Page 1 of 3
Event ID:
555514
Printed: 05/15/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
555514
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
02/27/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Heritage Park Nursing Center
275 Garnet Way
Upland, CA 91786
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0610
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Some
During an interview, on February 16, 2024, at 2:50 PM, with the Director of Staff Development (DSD), the
DSD stated on February 14, 2024, around 8:30 PM, the nurse in charge called her over the phone and told
her about the abuse allegation reported by Resident 3 against two staff members. The DSD stated she
attempted to call the Administrator, but he did not answer so she went ahead and notified LVN to continue
to come to work and to have another staff to accompany him with anything he needs to do with Resident 3.
The DSD further stated she called and notified PC the next morning to continue come to work and to keep
his distance toward Resident 3.
During an interview, on February 16, 2024, at 3:00 PM, with PC, PC stated on February 15, 2024, around
8:00 AM, the DSD called him over the phone and told him about the abuse allegation reported by Resident
3. PC further stated the DSD asked him to continue to come to work and to keep his distance toward
Resident 3.
During a concurrent interview and record review, on February 16, 2024, at 3:15 PM, with the DSD, the DSD
reviewed PC ' s timesheet which indicated, .[named of the PC] date 2/15 in 8:33 AM . out 12:53 PM . in 1:17
PM . out 5:05 PM . date 2/16 in 8:11 AM . out 12:49 PM . in 1:20 PM . The DSD stated she was not aware
that PC needed to be removed immediately during investigation. (PC continued to have access to the
alleged victim, Resident 3, and to the other 67 residents for 2 consecutive days during 8:00 AM –
5:00 PM shifts.)
During a phone interview, on February 21, 2024, at 3:45 PM, with LVN, LVN stated on February 14, 2024,
around 11:25 PM, when LVN came to his shift, he called the DSD, and the DSD informed him about the
abuse allegation reported by Resident 3. LVN further stated the DSD asked him to continue working as
scheduled and to have another staff to accompany him with anything he needs to do with Resident 3 and
the LVN confirmed worked both days, February 14, 2024, and February 15, 2024, on night shifts.
A review of LVN timesheet which indicated, .[named of the LVN] 2/01/2024 – 2/29/2024 selected
range of date . date 2/14 in 11:16 PM . out 7:18 AM [February 15, 2024] . date 2/15 in 11:33 PM . out
7:13AM [February 16, 2024] .
During a concurrent interview and record review, on February 16, 2024, at 3:50 PM, with the DSD, the
facility nursing staff assignment sign-in sheet, which indicated .Wednesday 2/14/2024 .NOC shift 11:00
PM-7:00PM [name of LVN] . assignment 101-116B . [LVN signatured] . Wednesday 2/15/2024, indicated
LVN was on duty .NOC shift 11:00 PM-7:00PM [name of LVN] . assignment 101-116B . [LVN signatured] .
The DSD stated she was not aware that LVN needed to be removed immediately during investigation. (LVN,
continued to have access to the alleged victim, Resident 3, and to the other 67 residents for 2 consecutives
nights during 11:00 PM – 7:00AM shifts)
During an interview, on February 16, 2024, at 4:00 PM, with the Social Service Department (SSD), the
SSD acknowledged the facility policy was to suspend the respective employee immediately while the
investigation was in process to protect the resident(s). The SSD stated she assumed the investigation is
concluded when she saw the PC continue coming to work on February 15 , 2024 and today [February 16,
2024]. The SSD further stated she should have followed up with DON or/and Administrator to make sure
the status of the investigation instead of assuming the conclusion of the investigation.
During an interview, on February 16, 2024, at 4:10 PM, with the Director of Nursing (DON) the DON
acknowledged that the investigation was not yet concluded, and the facility policy was to suspend the
respective employee immediately while the investigation was in process to protect the resident (s). The
DON stated it slipped her mind. The DON further stated she should have immediately removed the
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
555514
If continuation sheet
Page 2 of 3
Printed: 05/15/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
555514
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
02/27/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Heritage Park Nursing Center
275 Garnet Way
Upland, CA 91786
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0610
two staff members to protect Resident 3 and the other 67 residents.
Level of Harm - Minimal harm
or potential for actual harm
During a concurrent interview and record review, on February 16, 2024, at 4:20 PM, with the DON, the
facility ' s policy, and procedure (P&P) titled, Abuse Investigation/Prevent/Report Alleged Violation revised
March 2018, was reviewed. The P&P indicated, POLICY STATEMENT The facility thoroughly investigates
allegations of abuse, neglect, exploitation, or mistreatment; ensures residents' safety from further potential
abuse while the investigation is in progress; and maintains evidence and reports results of investigations to
the Administrator and other officials in accordance with State law, including the State Survey Agency.
SAFETY PROCEDURE(S) 1. To ensure resident safety, employees accused of participating in the alleged
abuse will be suspended until the findings of the investigation have been reviewed by the administrator. The
DON stated the facility did not follow the policy.
Residents Affected - Some
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
555514
If continuation sheet
Page 3 of 3