Complaint Investigation Report

Interviews with 4 out of 6 clients stated C1 either smoke in room or used/offered drugs at the facility. 2 out of 6 clients stated to have smell smoke coming from C1's room but were not aware of who was smoking. Interviews with staff revealed 3 out of 3 staff stated that C1 smokes inside the room and has been warned multiple times. Documents reviewed revealed admissions agreement signed by clients states eviction procedures; "The licensee will present the resident with a 30 day written notice, for one or more of the following reasons: ...c) Failure to comply with the ..(House Rules)...d) Use of recreational drugs and/or alcohol in or outside the premises. g.) Smoking/Vaping in the room... 30 Day Eviction Letter states facility has been made awared that C1 has been violating facility's house rules by using and dealing illegal drugs in room and premises and has been warned multiple times that smoking indoors is not permitted. Facility's Resident's Personal Righrs Disciplinary Action Procedure states that the procedure is to provide a verbal warning for the 1st violation, a written warning for the 2nd violation, and an eviction letter for the 3rd violation. LPA reviewed facility's department file for incident reports submitted regarding related incidents there was one incident report submitted on 8/24/21 for the period between June 2021 to December 2021. The facility provided a written warning on 8/24/21 to C6 for violating or using illegal drugs at the facility. On 8/18/21 LPA Flores received a call from Administrator Desiree Alvarado in which LPA recommended to follow her written procedures in place regarding evictions and to ensure to submit an incident report for any incidents. Although the behavior may be true the facility did not follow disciplinary action procedures equally with C1 and C6.

Based on LPA's interviews and documents review conducted the preponderance of evidence standard has been met, therefore the allegation(s) are found SUBSTANTIATED. California Code of Regulations Title 22, Division 6, and Chapter 8 are being cited on the attached LIC 9099D.

Exit interview was conducted with Marivic Nacorda Direct Care Staff and a copy of this report LIC 9099D, and appeal rights were provided.