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32 | Allegation: Facility staff recorded resident without permission
The investigation revealed, per LPA interviews, with (4) staff members, and (3) clients from the Bentley Suites facility, that the facility had recorded a resident without permission. LPA interviewed R1, and was informed by R1, that did not know S2, recorded, with cell phone, a conversation with R1 on 8/3/20, and became aware of the voice recorded conversation, when S3 played the voice recording, on 8/4/20, of R1 and S2. R1 informed LPA, that S3 ask R1 to listen to the cell phone recording, and R1 stated recognized voice was R1’s and S2. S2 informed LPA that recorded with, own cell phone, a conversation, with R1 on 8/3/20, without R1's permission or knowledge. S2 further stated, that R1’s voice recording was an accident, and that S2’s cell phone, recorded the conversation, without S2 knowing it, and S2 discovered the recording, of the cell phone conversation, after the conversation with R1. S2 also stated, that once heard recorded conversation, then S2 emailed the voice recorded cell phone conversation with R1, to S3's cell phone, because S2 wanted S3 to know what R1 said about S3. LPA interviewed S3, and was informed that received S2 email of voice recorded conversation between S2 and R1.
On 8/12/20, LPA was informed by S2 that voice recorded R1, per cell phone, and sent voice recording to S3.
Based on information gathered, LPA did find sufficient evidence to support allegation "Facility staff recorded resident without permission”
Allegation: Resident was intimidated by staff
The investigation revealed, per LPA interviews, with (4) staff members, and (3) clients from the Bentley Suites facility that the facility had intimidated a resident. R1 informed LPA, that on 8/11/20, S3, had approached R1, in the TV room, and yelled profanity directly at R1. Also, LPA interviewed R2, and R2 stated that was in the TV room with R1 on 8/11/20, and witnessed S3 come into the TV room, and yell profanity directly at R1, and then saw S3 leave the room.
On 8/12/21, LPA was informed by R1 and R2 that S3 yelled profanity at R1.
Based on information gathered, LPA did find sufficient evidence to support allegation "Resident was intimidated by staff”.Based on LPA observations and interviews which were conducted record reviews, the preponderance of evidence standard has been met, therefore the above allegations are found to be substantiated. California Code of Regulations, Title 22, Division 6 and Chapter 8 are being cited on the attached LIC 9099D. A telephonic exit interview was conducted with Renel Cabral, Facility Manager, and a hard copy of a LIC 9099, LIC9099 and appeals form was provided via email for signature.
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