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32 | The investigation revealed the following:
Regarding allegation: Unlawful Eviction.
It is alleged that R1 is being evicted for violent or anti-social behavior, harassing to threaten or harm others, and refusing to store over the counter medication. LPA obtained a copy of the 30-day Notice of Eviction, which states that R1 violated House Rule #13, which includes "Violent or Anti-Social Behavior, harming or threat to harm oneself or others, and refusal to store prescribed and over the counter medications with facility." During interviews conducted with S1-S3, (3) of (3) staff stated that R1 is constantly cursing at the facility staff for any reason. R1 threatens to hit staff, but has never physically hit staff or other residents. During interviews conducted with R1-R7, (6) of (7) residents have witnessed R1 yelling and cursing at staff when she is upset. (6) of (7) residents witnessed R1 arguing with one other resident in the past, but stated they never saw R1 become physically aggressive with any resident or staff. R1 admitted to yelling and cursing at the staff due to them not keeping the facility clean the way she wants it or for caring for the facility birds the way she would like to. R1 also admitted to yelling at one other resident before because R1 did not get along with them. After review of the Facility House Rules, it was determined that the house rules may be violating resident's personal rights and the grounds for eviction for which R1 has been given a 30-Day written notice are unlawful. Therefore, this allegation is substantiated.
Based on interviews conducted and records reviewed, the preponderance of evidence standard has been met, therefore the allegation is found to be substantiated.
Per California Code of Regulations, Title 22, deficiencies will be cited on the LIC9099-D.
An exit interview was conducted with administrator Susan Park and copy of the report and appeal rights were provided. |