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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 306005440
Report Date: 11/04/2024
Date Signed: 11/04/2024 03:17:00 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE COUNTY RO, 770 THE CITY DR., SUITE 7100
ORANGE, CA 92868
This is an official report of an unannounced visit/investigation of a complaint received in our office on
10/04/2024 and conducted by Evaluator Lydia Martinez
PUBLIC
COMPLAINT CONTROL NUMBER: 22-AS-20241004120407
FACILITY NAME:CARE MARSTEL 1FACILITY NUMBER:
306005440
ADMINISTRATOR:MARTINEZ, MINELLIFACILITY TYPE:
740
ADDRESS:1050 KINGSTON DRIVETELEPHONE:
(562) 245-6669
CITY:LA HABRASTATE: CAZIP CODE:
90631
CAPACITY:6CENSUS: 5DATE:
11/04/2024
UNANNOUNCEDTIME BEGAN:
02:20 PM
MET WITH:Shirley NatividadTIME COMPLETED:
03:30 PM
ALLEGATION(S):
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Staff did not prevent resident from self-harming
Resident had access to sharp object.
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Lydia Martinez conducted an unannounced complaint visit to the facility to deliver findings on the above-mentioned allegations. LPA was granted access into the facility, identified herself, and met with Caregivers Romelito Pascual, Reynerio Dagatan and Genesis Valencia. Administrator Shirley Natividad arrived shortly after and purpose of the visit was discussed.

LPA conducted the initial investigation visit on 10/10/2024. LPA conducted interviews, made observations, and obtained and reviewed pertinent records such as Physician’s Report dated 7/28/2023, Register of Residents dated 7/1/2024, Appraisal/Needs and Services Plan dated 8/1/2023, and La Habra Police Report #24-032158. First allegation: It was alleged that staff did not prevent resident from self-harming. On 09/30/2024, Resident 1 (R1) was found with two neck lacerations to the neck and three right wrist lacerations.

(cont...LIC9099C)
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Lourdes Montoya
LICENSING EVALUATOR NAME: Lydia Martinez
LICENSING EVALUATOR SIGNATURE:

DATE: 11/04/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/04/2024
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 1 of 3
Control Number 22-AS-20241004120407
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE COUNTY RO, 770 THE CITY DR., SUITE 7100
ORANGE, CA 92868
FACILITY NAME: CARE MARSTEL 1
FACILITY NUMBER: 306005440
VISIT DATE: 11/04/2024
NARRATIVE
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Interviews revealed that R1 was upset and worried that R1 was not going to get pain medication (Norco tablet 10-325 mg) because R1 had been discharged from Hospice on 9/18/2024 and would only have the Norco until 9/29/2024. R1’s last dosage of the Norco was on 09/29/2024 at 06:00am. Interviews also revealed that facility was aware that R1 had a history of suicide attempts. R1’s Medical records from Post Acute dated 08/01/2023 shows “Suicide Attempt” and Physician’s Report dated 7/28/2023, R1 shows “Suicidal/Self-Abuse.” Review of R1’s Appraisal/Needs and Services Plan does not show that facility, knowing R1’s history of “suicidal ideation” had a plan in place to prevent R1 from harming self. Even though R1’s Physician Report dated 7/28/2023, confirms R1 is “At Risk if Allowed Direct Access to Personal Grooming and Hygiene Items” Staff still provided R1 with a razor without supervision and staff failed to take the razor back once R1 was done with it.

Second allegation: It was alleged that Resident had access to sharp object. During the investigation visit, LPA toured the facility and observed all sharps, such as knives, scissors, razors, etc. were locked away and made inaccessible to the residents present. Interviews revealed R1 would receive razors through Amazon that R1’s son would purchase and have delivered to the facility. Razor’s would be placed in a locked cabinet in the garage. Interviews revealed that when R1 needed a razor staff would just hand R1 a razor to use. Staff would not monitor or request the razor back; just assumed R1 would toss it out. Per R1’s Physician Report dated 7/28/2023, R1 is “At Risk if Allowed Direct Access to Personal Grooming and Hygiene Items.”

Based on the information gathered the preponderance of evidence standard has been met, therefore, the allegations, that staff did not prevent resident from self-harming and Resident had access to sharp object are found to be Substantiated. Violation is being cited per California Code of Regulations, Title 22, Division 6, Chapter 8.

An exit interview was conducted and a copy of this report along with citation and Appeal Rights was sent to email on file.
SUPERVISORS NAME: Lourdes Montoya
LICENSING EVALUATOR NAME: Lydia Martinez
LICENSING EVALUATOR SIGNATURE:

DATE: 11/04/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/04/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 22-AS-20241004120407
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE COUNTY RO, 770 THE CITY DR., SUITE 7100
ORANGE, CA 92868

FACILITY NAME: CARE MARSTEL 1
FACILITY NUMBER: 306005440
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 11/04/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
11/05/2024
Section Cited
CCR
87464(f)(1)
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Basic Services. Care and supervision as defined in Section 87101(c)(3) and Health and Safety Code section 1569.2(c). "Care and Supervision means the facility assumes responsibility for, or provides or promises to provide the future, ongoing assistance with activities of daily living without which the
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Licensee to conduct in-service training with all staff on section cited and submit proof to CCL by 11/08/2024
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resident's physical health, mental health, safety or welfare would be endangered. This requirement was not met as evidenced by: Based on interviews and records reviewed, facility failed to provide adequate care and supervision to R1 who had a history of suicidal ideation...
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Facility had knowledge of R1’s history of suicidal attempts yet was handed razors to use without supervision, which poses an immediate health and safety risk to persons in care.
Type A
11/05/2024
Section Cited
CCR
87309(a)
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Storage Space - (a) Disinfectants, cleaning solutions, poisons, firearms and other items which could pose a danger if readily available to Residents shall be stored where inaccessible to Residents. This requirement was not met as evidenced by:
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Licensee to conduct in-service training with all staff on section cited and submit proof to CCL by 11/08/2024
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Based on interviews and records reviewed, facility staff would hand R1 a razor and failed to take the razor back from R1 making it accessible, which poses an immediate health and safety risk to the resident in care.
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Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.
SUPERVISORS NAME: Lourdes Montoya
LICENSING EVALUATOR NAME: Lydia Martinez
LICENSING EVALUATOR SIGNATURE:

DATE: 11/04/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/04/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 3