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32 | LPA Chan interviewed Administrator Marina Pink who stated that Resident #1 (R1) was served an eviction notice on 11/16/20 due to violating the house rules of “harming or threat to harm oneself or others”. After several self injurious behaviors, the Administrator felt that R1 needed to be at a facility where they can closely monitor R1. Administrator also stated that during the preadmission assessment of R1, there were no indications on the Physician’s Report nor the Individual Service Plan (ISP) that stated R1 had a history of self-harming behavior. The behavior was not reported by R1's social worker prior to admission and was not written on the ISP until a later date. Per Administrator, she would not have accepted R1 if it was known that resident had that behavior prior.
LPA Chan obtained copies of the Individual Service Plan (ISP) dated 3/26/20 and 9/23/20, Appraisal Needs and Services Plan, and the facility’s Internal Incident Reports from period of August – November 2020. According to the documents reviewed, the facility took appropriate steps to address R1’s self-harming behavior and were documented as they occurred. R1's Planning team met on 9/23/20 for the bi-annual meeting and addressed the “cutting” behavior”. This ISP report was acknowledged and signed by R1 which indicated that R1 was reappraised before the eviction notice was issued. R1 continued to exhibit the behaviors as documented on 10/19/20 and 11/4/20. After reconsideration and speaking with Community Care Licensing Manager, the Administrator later rescinded the eviction letter. R1 is still residing at the facility as of today and is doing much better.
Based on information gathered, LPA did not find sufficient evidence to support the allegation “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.
An exit interview was held. A copy of this report along with the Appeal Rights were given to the Administrator. |