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32 | On 06/14/23, LPA interviewed S1-S3 about the allegation. It was alleged that R1 punched R2 while having a disagreement at the facility. All staff corroborate that indeed R1 punched R2. LPA conducted an interview with R1 and R2. R1 did not deny that R1 punched R2 in the face while having a disagreement. R2 confirmed that they were arguing and R1 got up and punched R2 in the face.
Upon an investigation of the incident, the facility had an Interdisciplinary Treatment Team meeting to address the issue. The facility maintains in their Resident, Code of Conduct, entitled Abuse/Violence/Illegal Actions that “if the incident involves elder abuse, threats of violence or violence against another resident…the resident may be considered for immediate involuntary discharge from the home”. Accordingly, the facility issued R1 a thirty-day eviction notice that complied with Title 22 regulations.
Based on interviews and records reviewed, there is insufficient evidence to support the allegation that the facility issued a Wrongful eviction. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur, therefore the allegation is Unsubstantiated.
Allegation #2: Staff not providing a safe environment for resident.
On 06/14/23, LPA interviewed S1-S3 about the allegation. All staff reported that no one has ever come to them stating that the staff are not providing a safe environment for the resident. LPA interviewed R1 about the allegation and R1 stated that R2 had been harassing R1 but R1 did not tell anyone about it. LPA interviewed R2 and R2 stated that there haven’t been any problems with R1 in the past.
Based on interviews and records reviewed there is insufficient evidence to support the allegation: Staff not providing a safe environment for resident. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur, therefore the allegation is Unsubstantiated.
No deficiencies were cited.
An exit interview was conducted, and a hard copy of this report was provided to Deputy Administrator, Teresa Starks.
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