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32 | (Continued from LIC9099)
On 03/21/2023 LPA Rios also conducted interviews with two (2) other clients living at the facility. On 04/29/2024 LPAs, Evelin Rios and Raymond Comer interviewed three (3) more clients not already interviewed, living at the facility. Interview with Juliann on 03/21/2023, denied staff are verbally aggressive with clients. Interviews with four (4) out six (6) clients named the same staff member as having yelled at them or witnessing staff member yell at another client in the facility. Staff member named by clients matches the name mentioned on the complaint. Interviews with three (3) clients indicate the staff named on complaint has not yelled recently. Interview with staff working at the facility corroborates clients’ interviews, witnessing the staff member named in complaint, yelling at client(s).
Based on interviews, there is enough information to verify the allegation. Therefore, the allegation is SUBSTANTIATED at this time.
Allegation#2: Staff demonstrates inappropriate forms of punishment towards the clients. It was alleged staff member punishes clients in care. Interviews with three (3) out of six (6) clients described actions conducted by staff member named on complaint towards them or witnessing the staff member taking actions on another client, that would be considered punitive in nature by a reasonable person. Actions described by clients’ interviews were described as such but not limited to, staff member withholding personal item or refusing client an item meant for consumption. Furthermore, staff interview also describes actions carried out by staff member named in complaint, that a reasonable person would consider punitive in nature. Interview with Juliann on 03/21/2023, denied the allegation, staff demonstrates inappropriate forms of punishment towards the clients.
Based on interviews, there is enough information to verify the allegation. Therefore, the allegation is SUBSTANTIATED at this time.
The following deficiencies were cited (refer to LIC 9099-D). Exit interview conducted. A copy of the report and appeal rights issued. |
Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Type B
05/10/2024
Section Cited
CCR
80072(a)(1) | 1
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7 | (a) …each client shall have personal rights which include, but are not limited to, the following:(1)To be accorded dignity in his/her personal relationships with staff and other persons.
This requirement is not met as evidenced by:
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7 | Administrator will have vendorized or in-house training on Personal Rights of the clients and provide a sign-in sheet of all staff that attended along with training topic(s) covered. Submit to LPA by POC due date. |
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14 | Based on interviews, the licensee did not comply with the section cited above, four (4) out of six (6) clients coroborate being yelled at or witnessing staff member yell at clients in care, which posed a potential health, safety or personal rights risk to persons in care. | 8
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Type B
05/10/2024
Section Cited
CCR
80072(a)(3) | 1
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7 | (a) …each client shall have personal rights which include, but are not limited to, the following:(3) To be free from corporal or unusual punishment,..., punitive nature, including but not limited to: interference with the daily living functions...This requirement is not met as evidenced by: | 1
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7 | The Administrator will review regulation and submit a written letter certifying that, moving forward, they will ensure to follow and adhere to CCR Title 22 Personal Rights of clients. The written letter must be sent to the LPA by the POC due date. |
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14 | Based on interviews, the licensee did not comply with the section cited above, three (3) out of six (6) clients corroborate staff member in care dealt inappropriate forms of punishment towards the clients, which posed a potential health, safety or personal rights risk to persons in care. | 8
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