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32 | During investigation, witness (W1) who is the client’s conservator stated that when C1 made her initial disclosure to police, she was exhibiting signs of being in a state of confusion and delirium due to her 5150 hold a few days prior. Police (W2) interviewed C1 who kept repeating that the intercourse between her and C2 was consensual and that C2 did not violate her.
Observations and interviews by the department matched C1’s statement with the police (W2) that her sexual relations with client #2 (C2) was consensual. C1 also stated that C2 was her boyfriend. Staff (S1, S2, S3, S4) stated they saw C1 around C2 but not in a sexual manner. S3 stated she observed C1 hold hands with C2 but she never heard C1 mention anything sexual going on between her and C2. Staff (ED, S3) stated that clients have the freedom to exit the facility at their own discretion, form intimate relationships and engage in sexual activity. Clients typically stay in their rooms or gather in common areas with fellow clients. Occasionally, they enter each other’s rooms. Due to their independence, clients can freely enter rooms and leave the facility. Staff intervene only to discourage room entry and guide them toward common areas like the living room or outdoor areas.
Based on records review, interviews conducted, and observations made, the department has investigated the above allegation that client was sexually abused by another client and found it to be unsubstantiated. A finding that the complaint allegation is unsubstantiated means that although the allegation may have happened or are valid, there is not a preponderance of the evidence to prove that the alleged violation occurred. Therefore, the allegation that client was sexually abused by another client while in care is unsubstantiated.
No deficiencies cited during visit. Exit interview conducted and a copy of this report provided. |