35. Unannounced Visit: Drinking and Transport

Hours:    None

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Facility Type: 730/733 (Group Home)

Staff drove under the influence while transporting children.

Investigation Findings
Licensing Program Analyst (LPA) arrived at the facility to deliver findings on a complaint investigation. LPA met with the Administrator and discussed the findings from the investigation. During the investigation, LPA conducted interviews, a Health and Safety Inspection, a review of the files and received copies of documents.

The interviews with the foster children and S1 and S2 revealed S1 and S2 had consumed an alcohol beverage while supervising foster children during an outing and S2 drove the foster children and S1 back to the facility after outing ended. Based on interviews, S2 transported foster children after consuming an alcohol beverage. Based on LPA interviews the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED.

California Code of Regulations, Title 22, Health and Safety Code 1558(a)(2), are being cited on the attached LIC9099D.

Appeal Rights and a copy of this document was provided. Exit interview conducted

Deficiency Type /
Section Number
Type A
Section Cited
Persons prohibited from employment; dismissal or removal; appeal
(a) The department may prohibit any person from being a member of the board of directors, an executive director, or an officer of a licensee, or a licensee from employing, or continuing the employment of, or allowing in a licensed facility or certified family home, or allowing contact with clients of a licensed facility or certified family home by, any employee, prospective employee, or person who is not a client who has: (2) Engaged in conduct that is inimical to the health, morals, welfare, or safety of either the people of this state or an individual in or receiving services from the facility or certified family home.
This is not met as evidenced by:
Based on the foster children's interview and S1 and S2 admissions that the staff did drink alcohol while supervising the children, then transported the foster children back to the facility. This poses an immediate Health, Safety or Personal Rights risk to clients in care.
Licensee will provide Personal Rights training to all staff who are associated with the facility. Training material and signature of staff training is sent to be submitted to CCL by the close of the business on the POC due date.
S1 was suspended for four days. The suspension letter will be submitted to CCL by close of business 10/24/18.
S2 resigned on 10/01/18.
However, the training is to commence.
Ask facility if they feel or will they conduct an internal discipline?


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