Elder abuse at Lakeside Park in Oakland: Resident denied visits and phone calls
September 16, 2014
Lakeside Park assisted living facility advertises:
On September 16, 2014, Coalition for Elder & Dependent Adult Rights filed the following complaint with Community Care Licensing.
Lakeside Park in Oakland is a nationally recognized community providing the highest level of assisted living for families and elders living with dementia.Resident Elinor Frerichs might not agree. Elinor’s family and friends report that Lakeside Park prevented Elinor having visitors and phone calls for the past year. Elder advocates recently confirmed that Elinor is confined and isolated. That isolation is in violation of California’s licensing regulations. It also constitutes criminal elder abuse as specified in Penal Code 368.
On September 16, 2014, Coalition for Elder & Dependent Adult Rights filed the following complaint with Community Care Licensing.
Pam Gill, Regional ManagerEastbay Delta Adult and Senior Care Regional OfficeCommunity Care Licensing DivisionDepartment of Social Services1515 Clay Street, Suite 310, MS 29-21Oakland, CA 94612Telephone: (510) 286-4201;FAX: (510) 286-4204Dear Ms. Gill,
Please accept this letter as a second complaint of elder abuse and violations of licensing regulations at Lakeside Park at 468 Perkins Street in Oakland, CA (RCFE License #015601384).
Chronology
On September 5, 2014, Dr. Robert Fettgather (408-371-6239) and I went to Lakeside Park and asked to visit resident Elinor Frerichs. Executive Director Cheryl Martin stated that Elinor was taking a nap and did not wish to see us. I asked if we could wait in the lobby for Elinor to wake from her nap. Ms. Martin ordered us to leave the facility. I stated that I would call Oakland Police Department for a welfare check, which I proceeded to do.
About twenty minutes later, Ms. Martin enthusiastically invited us back into the facility. She stated that that Elinor was awake from her nap and wished to visit with us. Ms. Martin required that we conduct our visit in her office where she could observe the visit and listen to the conversation.
On September 7, 2014, I went to Lakeside Park to visit with resident Elinor Frerichs. Richard Calhoun (408-926-0365) and two elder advocates from the Congress of California Seniors accompanied me. The front door to the facility was locked. We rang for entry, but staff ignored us for about five minutes. Another person arrived and also rang for entry. Lakeside Park Administrative Assistant Roxie Stevenson came to the door allowed the other person to enter. Then Ms. Stevenson rudely told us that Elinor was way from the facility. We asked if we could wait in the lobby for Elinor to return. Ms. Stevenson refused to allow us into the building.
Ms. Stevenson stated that visiting hours end at 5 PM, and no visitors are allowed after 5 PM. A note on the door states that visiting hours at 10 AM – 5 PM.
On September 9, 2014, I returned to Lakeside Park with Richard Calhoun and the two elder advocates from Congress of California Seniors. We entered the lobby with a staff person who entered the front door. Executive Director Cheryl Martin immediately came out of her office and demanded to know who let us in the building. Then Ms. Martin turned to me and stated, “Elinor is no longer a resident at this facility.” Elinor did still reside in the building. Ms. Martin made her false statement with the intent of denying visitation.
On September 12, 2014, Scott Phipps petitioned the court to take away Elinor’s right to visitation. The court approved restrictions on visitation. The court did not approve any restriction on phone calls. Lakeside Park is still bound by 22 CCR 87468(a)(14).
On September 14, 2014, Dr. Beth Losiewicz called Lakeside Park and asked to speak with Elinor. Dr. Losiewicz sent the following report:
‘Just now, 4:07 PM, I tried to call Elinor at 1-510-230-0339 and the person who answered the phone, Linda, told me that she was not allowed to let Elinor talk to anyone on the phone without Scott Phipp's approval. I then called Scott Phipps, 510 508 9588 and left a voice message asking him to call me back to give me, Dr. Beth L. Losiewicz, ,permission to call Elinor.’ (Emphasis added)
Please note that Dr. Losiewicz is a retired PhD Experimental Psychologist whose chosen volunteer activity during retirement is visiting people in nursing homes and assisted living.
On the morning of September 15, 2014, Sylvia Rudek called Lakeside Park and asked to speak with Elinor. Ms. Rudek sent the following report:
‘I called Elinor at 9:15 a.m. CA time. I asked to speak to Elinor Frerichs. The woman who I was speaking to, Roxanne, said my call would be forwarded (or some word with the same meaning that she isn't going to put me in contact with Elinor but put somewhere - where?). I said, Passed on to whom? She mumbled. I could barely understand her, so I asked again, “Passed on to whom?” She said, “Her conservator.” “Oh,” I said, “OK, so I do expect to hear from him/her?” Response was inaudible, meaning you'll find out soon enough. I did leave my cell phone number for call back and thanked her.’ (Emphasis added)
Please note the Ms. Rudek is the vice president of the National Association to Stop Guardian Abuse (NASGA).
On the afternoon of September 15, 2014, Elaine Renoire called Lakeside Park and asked to speak with Elinor. Ms. Renoire sent the following report:
‘Dear Mr. Phipps,
I just called Lakeside Park to speak with Elinor Frerichs and was told I must go to you for permission to speak with her and that you will then notify the facility that it’s ok; and then I can speak with her. So, I am coming to you. Will you please advise Lakeside that I’ll be calling back to speak with Elinor tomorrow and that it’s OK for me to speak with her?’ (Emphasis added)
Please note that Elaine Renoire is the president of NASGA.
Violation of Resident’s Right to Visitation & Right to Private Visitation
22 CCR 87468(a)(11) states the resident’s right to visitation and to private visitation.
‘(11) To have his/her visitors, including ombudspersons and advocacy representatives permitted to visit privately during reasonable hours and without prior notice, provided that the rights of other residents are not infringed upon.’
On September 5, 2010, Executive Director Cheryl Martin violated Elinor’s right to private visitation. We were required to visit in Ms. Martin’s office with Ms.Martin observing the visit. Ms. Martin violated 22 CCR 87468(a)(11) in denying private visitation with Elinor.
On September 7, 2014, Administrative Assistant Roxy Anderson violated Elinor’s right to visitation. Ms. Anderson denied the visit and stated that no visits are allowed after 5 PM. A sign on the front door states that visiting hours are 10 AM – 5 PM. Ms. Anderson violated 22 CCR 87468(a)(11) in denying visitation with Elinor. Lakeside Park is out of compliance with 22 CCR 87468(a)(11) in not allowing visitation after 5 PM.
On September 9, 2014, Executive Director Chery Martin violated Elinor’s right to visitation. Ms. Martin gave visitors false information concerning Elinor no longer being a resident in order to deny visitation. Ms. Martin violated 22 CCR 87468(a)(11) in denying visitation with Elinor.
Violation of Resident’s Right to Telephone Calls
22 CCR 87468(a)(14) states the resident’s right to phone calls.
‘(14) To have reasonable access to telephones, to both make and receive confidential calls. The licensee may require reimbursement for long distance calls.’
On September 14, 2014, Lakeside Park staff member Linda violated Elinor’s right to phone calls. Linda violated 22 CCR 87468(a)(14) in denying a phone call to Elinor.
On the morning of September 15, 2014, Lakeside Park staff member Roxanne violated Elinor’s right to phone calls. Roxanne violated 22 CCR 87468(a)(14) in denying a phone call to Elinor.
On the afternoon of September 15, 2014, a Lakeside Park staff member violated Elinor’s right to phone calls. That staff member violated 22 CCR 87468(a)(14) in denying a phone call to Elinor.
I look forward to your Department’s prompt action to secure Elinor’s personal right to phone calls. Please provide a copy of your investigation report and citations to the physical address or email address on my letterhead.
Sincerely,
Linda Kincaid, MPH
C: Will Lightbourne
Director - California Department of Social Services
will.lightbourne@dss.ca.gov
Pat Leary
Chief Deputy Director - California State Department of Social Services
Pat.Leary@dss.ca.gov
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