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32 | Allegation: Facility is operating out of ratio. It is alleged that on April 13, 2026, a Regional Center representative observed a 1:3 staff-to-client ratio, instead of a 1:2 staff-to-client ratio. At the time of the visit, only one day program staff member was present. At approximately 2:00 PM, another resident returned, increasing the ratio to 1:4 staff-to-client ratio. According to information obtained, there was no direct care staff on site, and none were scheduled until 2:30 PM – 3:00 PM, resulting in a staffing gap. As a result, the day program staff remained on duty until one direct care staff arrived at 2:30 PM. At 2:50 PM, a 2nd DSP staff arrived. Residents stated there are two staff present during shifts. A total of two (2) staff were interviewed. The facility is a level 6 facility with a staffing ratio of 1:2 staff-to-client ratio, and the Climb Day Program operates with a 1:3 staff-to-client ratio. Staff interviewed stated that during the pandemic day program staff began providing remote services at the facility, and have continued the practice since then. Administrator stated that on 4/13/2026, there were 3 residents in the home and one staff meeting day programming staff ratios. However, based on facility and day program plan of operation review, the findings reveal that the facility and day program plan of operation do not state day program staff are authorized to provide in-home services. The findings indicate that if a day program staff member is assigned to work at the home and meets all DSP requirements, they may fill in as DSP staff only. However, they cannot function as both DSP and day program staff at the same time, as those are two separate authorizations. On May 5, 2026, the Regional Center issued a Corrective Action Plan (CAP). Therefore, There is sufficient information to corroborate the allegation.
Allegation: Staff did not adhere to resident's care plan. The complaint alleges resident (R1) did not want to attend scheduled day program, but despite the resident’s preference staff directed the resident to participate in the In-Home Day program rather than honoring the individual’s choice to decline services for the day. Staff interviewed stated that resident (R1) is allowed to stay home if they do not want to attend the day program, and the resident chooses his activities i.e., watching Youtube, texting, and playing on their computer. Resident (R1) communicated they are allowed to stay home whenever they want. Per record review, the findings indicate the facility did not follow resident (R1’s) person-centered service plan requirement of providing DSP staffing coverage, which resulted in inadequate supervision and limiting R1 the right to make choices regarding day program participation. Based on file review, the home shall provide enhanced staffing and support through DSP services, and not through in-home day programming services. Therefore, the allegation is supported.
Based on record review and interviews conducted the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. Pursuant to Title 22, California Code of Regulations, deficiencies are cited.
An exit interview was conducted, copy of the report and appeal rights was provided to Administrator John Nguyen. |