Complaint Investigation Report

Regarding allegation: Staff sexually abused clients in the facility, it was alleged that staff #1 sexually abused clients, while working in the facility. The investigation consisted of interview with staff and clients, including attempts to interview staff #1 and interviews with client #1 and client #2, review of client #1 and staff #2 facility file, review of local law enforcement report dated 02/28/21 and LPA's observations. The investigation revealed that client #1 moved into the facility in early December 2020 and met staff #1, who worked as a live-in caregiver. In early December 2020, staff #1 assisted client #1 with changing of adult briefs and bathing. Client #1 requested that staff #1 assist client #1 with bathing on several occasions. client #1 informed resident #1 family member about the sexual relationship between client #1 and staff #1. Local law enforcement's interviews with staff #1 indicated that staff #1 was aware of the facilities policy that prohibits male caregivers from providing assistance to female clients, despite the facilities policy, staff #1 assisted client #1 because no one else was assisting client #1 and client #1 assigned caregiver asked staff #1 for assistance. Staff #1 admitted to performing sexual acts with client #1 in the facility on multiple occasions. The investigation did not reveal any evidence to support the abuse of client #2 by staff #1. Therefore, staff #1 sexually abused client #1 while working in the facility and providing care and supervision to client #1, as evidenced by interviews with staff #1 and client #1 per police report #021-01227-2932-129. No criminal action was taken against staff #1 as the investigation determined that the sexual relationship between staff #1 and client #1 was consensual.

Therefore, based on the department’s interviews, observations and record review, the preponderance of evidence standard has been met, therefore the above allegation is found to be substantiated. California Code of Regulations, Title 22, Division 6 and Chapter 1 are being cited on the attached LIC9099D.

Immediate Civil Penalties in the amount of $500 dollars are being issued on today's visit.

Appeal rights discussed and a copy of licensing report and appeal rights given during visit. Exit interview conducted with Alvin Capanzana (Direct Support Professional).