Complaint Investigation Report

Allegation: Facility staff is under the influence while providing care and supervision to residents.

Complaint alleges that (1) staff person is regularly outside the facility smoking marijuana while providing care to the residents.

Staff (S1) stated to LPA's on 12/9/22 that he was told by the neighbor and the Administrator that he couldn't smoke marijuana even outside at the facility and has only smoked it away from the facility and on his day off only. S1 confirmed he has not smoked marijuana near the facility and there are no other staff or any residents that smoke marijuana. LPA's explained that staff needs to be able to provide the necessary care and supervision to the residents at all times and that if (S1) was not able to provide the adequate care and supervision, due to being under any chemical influence, he could be potentially excluded for life from ever working in a facility licensed by CCLD.

LPA Calzada and LPA Hood did not observe S1 to smell of marijuana smoke on 12/9/22. LPA Calzada toured the facility again on 1/11/23 and observed it to be free from any smoke odors. S1 was not at the facility during the inspection on 1/11/23 as it was his day off.

One resident who was interviewed on 12/09/22 stated.."staff has always been able to provide care" and (S1) has never smelled of smoke, has "no concerns" and stated "(S1) is a good guy". The same resident stated "staff is great " and "staff is never under the influence" of anything. A second resident stated that "(S1) does a great job- there are no problems" and has "never" observed (S1) to be under the influence of a drug or alcohol.

A family member who regularly visits resident (R3) stated on 1/4/23 that he is very familiar with S1 and has "never observed" (S1) to be under the influence of marijuana or alcohol and S1 and is "very attentive" and does a good job cleaning and preparing individual meals for all (6) residents, and he has only smelled tobacco smoke as some of the residents smoke outside on the back patio.

A neighbor who lives nearby the facility provided specific days/times when marijuana smoke was observed to be coming over the fence into her yard when S1 was working. The Department received additional information that marijuana smoke was coming from the facility patio on 12/28/22, but no evidence was able to be provided, including video surveillance, showing the smoke was coming from the neighboring facility.