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32 | relationship that both families were aware of and approved, which was confirmed by the victim's(R1) adult son. One staff member reported one previous incident where the R1 stated R2 grabbed them by their arm causing bruises, but the incident was not witnessed by any staff, but management completed an incident report that stated unknown bruising was reported. Other staff member reported no history of aggression or abuse. Facility management stated since R2 had no history of aggression, there was no concern for abuse. Surveillance showed R1 entered R2's room numerous times without distress and during the incident, staff members intervened immediately. Local police arrested R2 for domestic battery and the case is currently pending in court. Based on the information obtained showing the residents were involved in an approved relationship, R1 willingly entered R2's bedroom and there was no documentation or history of abuse by R2, as no one has ever witnessed R2 being abusive. The investigation also revealed that facility staff monitors, assess, and documents all residents activity and change in condition in their care plan. R1s responsible party was notified that R1 required additional care and recommended they be placed in memory care due to their behaviors, but there was resistance from R1s family due to the increase in costs, so the facility administrator and R1s family agreed to a one week trial period. It was also discovered that the incident involving R1 and R2 occurred after the facility Administrator recommended that R1 be transferred to Memory Care due to an increase in their behavior. The facility provided appropriate assistance in trying to obtain safe, and healthful care and supervision for R1. There is no sufficient evidence to support neglect, therefore the case is closed with unsubstantiated findings.
Based on CDSS Investigator Peter Zertuche observations and interviews which were conducted, along with record review(s), the preponderance of evidence standard has not been met, therefore the above allegation(s) is/are found to be Unsubstantiated. |