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32 | Regarding allegation “Illegal Eviction”: LPA conducted interview with Administrator and resident #1 (R1) as well as reviewed records which included the eviction notice, residents’ admission agreement, pet policy, and facility notes. Based on the interviews and records reviewed, Administrator had several meetings with R1 about the resident’s dog. The Administrator stated that R1’s dog is very big now and residents, staff and visitors are afraid of the dog. The dog attacked a visitor who fell and sustained injury; the dog attempted to bite other residents. Administrator stated that the facility does have a “no pet policy” however they made an exception for the resident when dog was little. Administrator stated that the dog is big and unpredictable, staff, residents and visitors are scared. According to Administrator, several notices were given to R1 however R1 does not want to give up the dog. Therefore an eviction notice was issued to R1. The notice was also sent to Community Care Licensing Division on 12/15/2025. LPA reviewed the eviction notice and confirmed the notice does contain the required language, contact information for the required parties, as well as referrals for alternate care, per regulation. The notice was served on 12/16/2025 to resident. Based on the information obtained during the investigation, the Department does not have sufficient evidence to corroborate the allegation. Therefore the allegation “Illegal eviction” is deemed Unsubstantiated at this time.
Regarding allegation “Staff allow residents to smoke in undesignated areas”: Investigation into this allegation consist of resident and staff interviews. Seven (7) out of the eight (8) residents interviewed denied allegation and reported that they have not observed any resident smoke in the hallways. Staff interviewed denied the allegation and reported that if they do witness any resident smoking in the facility they would report it to the administrator and residents would receive a written warning. According to the staff and administrator smoking in the facility is prohibited and if staff observe or have been notified of any issues they immediately address the issue with the resident and report to the administrator. According to Administrator residents have been found smoking in their room or balcony and have received warnings about breaking the house rules. If residents continue to ignore the house rules, then they are subject to receive an eviction notice.
Based on the information obtained during the investigation, the Department does not have sufficient evidence to corroborate the allegation. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur, therefore the allegation “Staff allow residents to smoke in undesignated areas” is deemed Unsubstantiated at this time.
Exit conducted and copy of report provide. |