Complaint Investigation Report

Community Care Licensing (CCL) received a report alleging Client (C1)’s care needs were not being met due to C1 observed with unkept toenails. C1’s toenails were observed “outgrown and misshaped” and “developed toenail fungus”.

Interviews conducted revealed C1 is functionally capable of managing their Activities of Daily Living (ADLs), however, C1 requires prompting. C1’s Appraisal/Needs & Service Plan (CCL form LIC625), which is completed by Kelly’s Family Care facility, indicated in the Functional Skills section that the objective plan for C1 is “verbal prompting hygiene skills”. Additionally, C1’s North Bay Regional Center (NBRC) Individual Program Plan (IPP) with Person-Centered Objectives (dated 05/26/2021) was reviewed. C1’s IPP Objective #2 – Residential & Financial: Personal Care revealed C1 “requires reminders and/or assistance with ADL’s”, C1 “is prompt-dependent for tasks, needs supervision and reminders to ensure [C1] does a good job”, and “needs help to …trim nails”.

Interviews conducted revealed before the COVID-19 Pandemic, the plan for C1’s nail care was for C1’s family/responsible party to take C1 to the nail salon. During the pandemic, the plan for C1 was not an available option due to COVID-19 precautions and the temporary Stay at Home Order. Licensee stated the facility assumed C1 was cutting their own toenails since they observed a nail clipper in C1’s room and assumed the nail clipper was provided by C1’s responsible party. Licensee stated they did not observe C1’s overgrown nails since C1 had their socks and/or shoes on and the facility does not assist with showers. The Licensee stated if they would have known C1 was not clipping their own nails, they would have notified C1’s responsible party and NBRC Service Coordinator to address the issue. Licensee stated they did not notify C1’s responsible party or NBRC Service Coordinator and did not prompt C1 to clip their nails. Kelly’s Family Care facility staff stated they assumed C1 was managing their own nail care and as a result failed to prompt C1 as required in the IPP objective #2 section plan. Licensee scheduled and transported C1 to a podiatry appointment on 06/24/2021 once C1’s toenail concerns were brought to their attention.

Based on LPA’s observations, interviews conducted, and records reviewed, 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 & Chapter 1, are being cited on the attached LIC 9099D.

Failure to correct the deficiency and/or repeat deficiencies within a 12 month period may result in civil penalties. Appeal Rights Provided.

Exit interview conducted with Licensee Alma Cupid, whose signature below confirms receipt of report

Due to printer issues, LPA emailed a copy of this report and appeal rights to Licensee.