Complaint Investigation Report

The investigation reveals the following: Regarding "Facility staff allow residents to smoke in non-smoking areas", it is alleged that the residents are being allowed to smoke in the non-smoking areas. During the visit LPA toured the facility and did not observe residents smoking in the nonsmoking areas. LPA also observed there are 2 sides to the front porch and cigarette buds were seen in plants on both sides of the front porch. The Administrator stated they allow the residents to smoke on front porch but only on the side without the nonsmoking signs and the facility also cover the nonsmoking signs. 2/2 staff interviews confirmed residents can smoke on front porch only during rainy days. 5/7 residents stated the facility allows residents to smoke on the front porch. 1/7 residents stated they have no knowledge of the allegation. 1/7 residents denied the allegation. Per plan of operation: house rules “Residents agrees to refrain from smoking any form of tobacco or other legal substance except in the facility’s designated smoking areas”. During the visit Administrator showed LPA a canopy bought for the other side of the front porch.

Based on LPA's observations, and interviews, conducted the preponderance of evidence standard has been met, therefore the above allegation(s) are found SUBSTANTIATED. California Code of Regulations Title 22 are being cited on the attached LIC 9099D.

Exit interview was conducted with Ana Giron administrator and a copy of this report LIC 9099D, and appeal rights was provided.