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32 | This complaint investigation was conducted by Jose Santana, Investigator from Community Care Licensing Division’s Investigations Branch (IB) along with LPA Casillas. The investigation consisted of interviews by IB with eleven (11) witnesses, five (5) facility staff, facility Administrator, four (4) out of four (4) facility clients, two (2) hospital staff/specialists, reviews of C1’s medical record, police records pertaining to the incident, and facility program plan.
The investigation findings revealed that C1 sustained a humerus fracture to C1’s right arm on Sunday, 9/22/2024, as a result of an inappropriate manual restraint by facility staff #1 (S1). According to staff C1 had a behavior due to C1 wanting additional food than what was provided by staff. C1 rushed to the visible leftover food and when staff intervened C1 began an episode of attacking staff. C1 was involved in a prolonged restraint by two (2) 360 Behavioral Health staff prior to S1’s involvement, but C1 was still able to lift their subsequently injured right arm after S1 arrived, indicating it was most likely not yet fractured until S1 intervened. According to witnesses, S1 held C1’s right arm behind C1’s back as S1 accidentally fell onto C1. During Investigator Santana’s interview with S1, S1 stated that “placing a client’s arm behind their back is one of the CPI techniques that was taught” however S1 admitted that they did not use an appropriate manual restraint. During LPA’s record review of the facilities program plan it was discovered that the facility did not follow their program plan which states “…all physical interventions taught are designed to be non-harmful, non-invasive, and to maintain the individual’s dignity” (pg 107 & 108). Additionally, it appears that facility staff did not follow the facility’s expected crisis response when it failed to call CBEM (the crisis response team) at any time during the hour long behavioral episode that C1 was having. This process was explained by staff during interviews and confirmed by C1’s behaviorist as a plan in place for a crisis. Furthermore, it is indicated in the program plan that physical restraint is to be used as a last resort, however based on interviews with staff and witnesses, no other techniques were applied. “Instead, staff should utilize geographical containment procedures. These procedures utilize the physical environment in such a way that attempts at assault are prevented.” Pg 98. Based on interviews and document review, during the course of the investigation, there is sufficient evidence to conclude that the allegation that staff inappropriately restrained resident resulting in resident sustaining a fracture is therefore Substantiated.
A $500 immediate civil penalty is assessed today for a violation resulting in injury to C1. The licensee/administrator was informed that additional civil penalties might be assessed based on Health and Safety Code 1548.
Exit interview conducted. Civil penalties assessed. Appeal rights explained and provided. Report reviewed. The Administrator refused to sign the amended report and a copy of the report was issued. |