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32 | Video Surveillance revealed that around 5:47 PM, C1 enters the kitchen, approaches S1, and S1 pushes C1 towards the exit. S1 and C1 argues near the exit. Around 5:48 PM, S2 and S3 enters the camera frame and C1 pushes S2. Around 5:49 PM, C1 leaves the kitchen. Record review of Counseling/Disciplinary/Termination Notice (05/08/25) revealed S1’s employment was suspended due to the alleged incident of patient abuse and unprofessional conducted. It included a statement that family trespassing occurred, and they are not allowed to enter the facility without invitation and work-related reason. Notice to Employee as to Change in Relationship revealed S1 was terminated on 05/14/25. Five out of six staff interviews indicated they did not witness the physical altercation. Interview with S3 indicated that C1 was not supposed to be in the kitchen, C1 got in S1’s face, and S1 pushed C1. Seven out of eight client interviews indicated they did not witness the physical altercation. Interview with C1 indicated that C1 entered the kitchen to talk, S1 pushed C1 twice, and C1 slapped S1 back. C1 indicated that S1 followed C1 around the facility, S1 knocked off items on C1’s nightstand onto the floor, S1 smacked a phone out of C1’s hand, and called S1’s family members to the facility. Interview with C2 confirmed that S1 knocked over C1 nightstand items. Interview with C3 and S8 witnessed S1’s family members enter into the facility. S8 indicated that S1’s family members walked through the hallways looking for C1 and then waited outside for about 30 - 60 minutes.
Based on LPAs observation of the video surveillance, record review, and interviews, the preponderance of evidence standard has been met, therefore the above allegation(s) is found to be substantiated. California Code of Regulations, Title 22, Division 6 and Chapter 1 are being cited on the attached LIC 9099D.
An exit interview was conducted, plans of correction developed, and a copy of this report with the appeal rights were provided to the Assistant Administrator Itzia Maciel. |