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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 374604371
Report Date: 02/01/2023
Date Signed: 02/03/2023 09:03:36 AM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 7575 METROPOLITAN DR. #109
SAN DIEGO, CA 92108
This is an official report of an unannounced visit/investigation of a complaint received in our office on
01/03/2023 and conducted by Evaluator Amy Domingo
COMPLAINT CONTROL NUMBER: 08-AS-20230103083735
FACILITY NAME:LEXINGTON HOUSEFACILITY NUMBER:
374604371
ADMINISTRATOR:ASOY-DANIEL, ROSHELLE HANFACILITY TYPE:
740
ADDRESS:180 W. LEXINGTON AVE.TELEPHONE:
(619) 401-7528
CITY:EL CAJONSTATE: CAZIP CODE:
92020
CAPACITY:6CENSUS: 4DATE:
02/01/2023
UNANNOUNCEDTIME BEGAN:
01:00 PM
MET WITH:Megan Bragg, House ManagerTIME COMPLETED:
02:30 PM
ALLEGATION(S):
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Facility has cameras with sound capability in bedrooms without resident/responsible party consent.
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Amy Domingo and Interim Assistant Program Administrator (IAPA) Icela Estrada conducted an unannounced. complaint investigation visit to the facility to deliver findings on the above allegation.

The investigation consisted of inspection of the facility, records review, interviews with staff and outside sources.

On 01/06/2023 IAPA Estrada, and LPA Domingo observed, obtained photographs of the cameras in the bedrooms and interviewed the staff regarding the use of the cameras. Interviews with the staff confirmed that the camers are functioning with audio capabilities. One out of three staff members uses the camera app to keep an eye on the other resident's while she is busy with another resident.

(Continue on LIC9099C)
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: John Rante
LICENSING EVALUATOR NAME: Amy Domingo
LICENSING EVALUATOR SIGNATURE:

DATE: 02/01/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/01/2023
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 08-AS-20230103083735
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 7575 METROPOLITAN DR. #109
SAN DIEGO, CA 92108
FACILITY NAME: LEXINGTON HOUSE
FACILITY NUMBER: 374604371
VISIT DATE: 02/01/2023
NARRATIVE
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During the interview S2 confirmed that the cameras have audio capabilities and S2 uses the app daily to monitor the residents during the night. S1 and S3 stated that they are aware of the camera app but they do not use it. Records review of the Facility's Plan of Operation revealed that camera usage was not addressed.

Interview with outside sources confirmed that there were cameras in the residents rooms and permission was never obtained. A review of facility records revealed the licensee does not mention the use of cameras in their Admission Agreement or has obtained consent from the residents in care or their responsible parties.

Based on the evidence obtained during the complaint investigation, the allegation was found to be SUBSTANTIATED, as there is a preponderance of evidence to prove the alleged violation occurred. An exit interview was conducted; a copy of this report along with Licensee Appeal Rights LIC 9058 (REV 3/22) were provided to House Manager Megan Bragg and their signature confirms receipt of these documents.

SUPERVISORS NAME: John Rante
LICENSING EVALUATOR NAME: Amy Domingo
LICENSING EVALUATOR SIGNATURE:

DATE: 02/01/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/01/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 08-AS-20230103083735
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 7575 METROPOLITAN DR. #109
SAN DIEGO, CA 92108

FACILITY NAME: LEXINGTON HOUSE
FACILITY NUMBER: 374604371
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 02/01/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
02/02/2023
Section Cited
CCR
87468.2(a)(1)
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87468.2 (a)(1) Additional Personal Rights of Residents in Privately Operated Facilities - To have a reasonable level of personal privacy in accommodations…This requirement was not met as evidenced by:
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House manager Megan Bragg agrees to not use and will remove cameras from all resident bedrooms by POC due date. In addition, Personal Rights training will be provided to all staff by facility administrator. Administrator to submit sign in sheet with training materials that document the training date and time.
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Based on observations, interviews, record review, the licensee did not provide reasonable level of personal privacy in accommodations in 2 of 2 persons in care [R1 and R2] which posed a potential Personal Rights risk to persons 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: John Rante
LICENSING EVALUATOR NAME: Amy Domingo
LICENSING EVALUATOR SIGNATURE:

DATE: 02/01/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/01/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 3