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32 | On 5/30/24, R1 was found in his bed with a cut to the lip after staff heard R1 calling out for help, roommate R2 was found in the room seating in own bed. Interviews conducted with staff revealed staff #2(S2) heard R1 yelling from the room and S2 responded. Upon S2 entering the room R1 stated “R2 hit me, for no reason.” Assistant administrator stated to have had knowledge of R2’s aggressive behaviors and the roommate arrangement was done on 5/29/24. Assistant administrator stated to been made aware by a staff that during R2’s stayed at a different licensed facility, R2 had assaulted a roommate. Staff stated R2 had demonstrated a few aggressive incidents with other residents. Interviews were attempted with R1 and R2. However, due to cognitive skills both residents were unable to provide information about the incident. On 6/5/24 LPA Flores conducted a health and safety and observed R1 had bruising in the left side of the face from the cheekbone to the chin.
Documents reviewed revealed: On 6/3/24 Police officers responded to the facility on a report for a battery investigation, due to R1 have bruising to the mouth and jawline, an abrasion to the upper lip and a broken prosthetic eye. On 6/4/24 facility submitted an incident report to the department to report R1 was found in the room with a cut to the lip. Assisted Living Waiver (ALW) individual plan - dated: 12/5/23 notes R2 could be verbally aggressive and is frequently agitated with poor judgement. R2’s appraisal - dated: 5/23/24 notes R2 has poor judgment. On 5/14/24 R2’s physician’s order was created for an evaluation of altered mental state. Clinical flex notes revealed, on 4/19/24 R2 had punch another resident in the arm. Clinical flex notes dated 5/24 and 5/25/24, note R2 had 2 episodes of aggressive behavior. Due to interviews conducted and documents reviewed facility staff failed to properly assess R2 and prevent R1’s injury after observing and gaining knowledge of R2’s history of behaviors. Therefore, this allegation is substantiated.
Based on LPAs observations and interviews which were conducted record review(s), 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 8 are being cited on the attached LIC 9099D.
***An immediate Civil Penalty of $500.00 is being issued today, due to Resident #1 obtaining an injury by Resident #2 while in care. Refer to LIC 421IM***
The issuance of a civil penalty is being considered based on Health & Safety Code 1569.49 (f); if the department determines the injury of the resident is due to neglect. |