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32 | Title 22 requires that a facility give a resident a 30-day written eviction notice that includes a clear and legal reason for eviction, the effective date, and information about the resident’s appeal rights. The notice must also be delivered to the resident, the responsible person, and the Licensing office. Some of these items were not included in the documents reviewed. The facility also did not provide an updated reappraisal, which is required when a resident’s needs have changed and the facility claims it can no longer meet those needs. The emails stated that staff were overwhelmed, and that the resident’s behaviors were difficult to manage, but the facility did not show proof that they completed a reappraisal or attempted interventions before deciding on eviction.
Additionally, Title 22 requires that when a facility believes a resident’s needs exceed what they can provide, they must document the steps they took to support the resident and must help the resident plan for relocation. The documents did not show any relocation planning, referrals to other facilities, or evidence of care-planning meetings meant to resolve the issues. The information sent also did not include any written house rules that the resident allegedly violated. Although the administrator mentioned concerns about long bathroom routines and water use, these behaviors were not tied to any written rules given to the resident at admission.
LPA Kimberly Viarella consulted with the licensee to update the eviction notice and reissue to R1 and their responsible party. The updated eviction notice was reissued to R1 on February 1, 2026.
Based on the review of all documents provided, it was determined that the facility did not issue a proper eviction notice and did not meet several Title 22 requirements related to eviction procedures. The materials submitted on December 12, 2025 do not meet the legal standards needed to proceed with an eviction, and the facility is not in compliance with Title 22 regulations. Therefore, the allegation was substantiated.
A finding that the complaint allegation is Substantiated means that the allegation is valid because the preponderance of the evidence standard has been met.
Per California Code of Regulations (CCRs) - Title 22, Division 6, Chapter 8, the following deficiencies are cited on the 9099D during this visit.
Licensee was provided a copy of their rights (LIC9058) and their signature acknowledges receipt of these rights. An exit interview was conducted and a copy of this report and appeal rights were provided.
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