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32 | During todays visit, LPA Panushkina obtained copies of R1's Admission Agreement (dated on 12/22/21), Appraisal Needs and Services Plan (dated on 11/17/21) and Resident Abuse and Neglect Policy (effective date 11/01/2014) related to the complaint.
This complaint investigation was conducted by Laarni Santiago, Investigator from Community Care Licensing Division’s Investigations Branch (IB). The investigation consisted of interviews, conducted between 09/07/23 to 10/26/23 with the Executive Director (ED), Health Services Director (HSD), Former Executive Director (FED), six (6) staff and attempt to interview four (4) memory care residents.
Allegation: Staff sexually abused resident in care.
The investigation findings revealed that R1 had been living at this facility since 12/28/2021 and resided in a Memory Care Unit. Also, during that time, S1 was working at this facility as a MedTech and it was alleged that R1 was routinely molested by S1 for a span of at least 3-6 months in 2022. Investigator conducted interviews with the Executive Director and Health Services Director and both parties could not provide any relevant information since they were not aware of any incidents between R1 and S1. Investigator also conducted an interview with S1, who denied the above allegation and advised that R1 “cried a lot” and S1 would only give a “hug” just to comfort R1. During the interview with S4, Investigator was informed that S4 and S5 witnessed S1 “kiss” R1. However, S5 refuted the claim and denied witnessing S1 commit any sexual conduct towards R1 or other residents. Moreover, S5 informed the Investigator that none of the residents or staff complained about S1. Both staff interviewed revealed inconsistent and conflicting information. Former Executive Director (FED) also informed the Investigator that no complaints from residents nor staff regarding S1’s inappropriate behavior was ever received. In addition, FED expressed that S1 was polite and reliable and voluntarily resigned to focus on school and become a Licensed Vocational Nurse (LVN). Furthermore, the Investigator conducted an interview with S6, who reported that he/she saw S1 inappropriately touched a resident. However, there were no other witnesses to corroborate the incident and S6 could not confirm that it was R1. Interviews with other two (2) staff did not indicate that they witnessed S1 touch or handle residents inappropriately and reported that S1 seemed to be a “genuine” and “caring” staff. Lastly, the Investigator attempted to conduct interviews with four (4) Memory Care residents, but they could not provide pertinent or relevant details. Based on interviews and information gathered during the investigation, there is insufficient evidence to prove the alleged violation occurred. Therefore, it deemed Unsubstantiated, at this time.
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