Complaint Investigation Report

421703549-3-9-2023-29-AS-KBUY-CQD5DJ-20230328195200

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

CCLD Regional Office , 21731 VENTURA BLVD. #250

This is an official report of an unannounced visit/investigation of a complaint received in our office on

02/28/2023 and conducted by Evaluator Kristin Kontilis

COMPLAINT CONTROL NUMBER: 29-AS-20230228133212

DEVEREUX FOUNDATION - WEISMAN CENTER (RCFE)

Staff did not provide access to a resident's records.

On 3/6/2023 at 1:00 pm, Licensing Program Analyst (LPA) Kristin Kontilis conducted an unannounced initial visit for this complaint. LPA met with Jennifer Farley, Program Director and Enedelia Avila, Program Administrator,, and explained the purpose of the visit.

On the allegation: Staff did not provide access to a resident's records. To investigate the complaint, LPA reviewed documents including a Subpoena for records dated 1/26/2023 for former Resident 1 (R1)’s entire resident file, and an attached authorization stating that R1’s responsible party authorized the attorney to handle the claim, signed 1/25/2023 by R1’s responsible party. The subpoena states “Evidence Code 1158 of the California Standard Code states the following: Failure to make such records available, during business hours, within five (5) days after the presentation of the written authorization, may subject the person or entity having custody or control of the records to liability for all reasonable expenses, including attorney's fees, incurred in any proceeding to enforce this section. NOTE: ENCLOSED DECLARATION MUST BE SIGNED AND ATTACHED TO THE RECORDS BEFORE ALLOWING RECORDS TO BE COPIED BY OR SENT TO [copy company].” Please continue to 9099-C, Pg 2.