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32 | Regarding Allegation #2: Staff made derogatory comments about client weight:
It is being alleged that staff made derogatory comments about C1 weight. LPA toured the facility and noted staff interacting with clients and taking care of client’s needs. Reviewed Harbor Regional Center (HRC) report (date 05/22/2024) which indicates: “At the conclusion of this investigation the claim in the SIR regarding a comment being made regarding how C1 weight was a factor in the fall, which upset C1 is substantiated. Both C1 and C3 acknowledge that a conversation was had between the two at the day program after the fall where C1 weight was addressed. Reviewed staff training in-service (date 05/28/2024): Topic appropriate methods to interacting with participants.
The interviews indicate: S1 indicates that S1 was not aware of S3 making any comments about C1 weight. S1 indicates that staff are trained on how to interact with clients in their care. S1 indicates that S3 did make comments about C1 weight. S3 indicates that S3 did make a comment to C1 stating “we must be careful when playing around as we are bigger guys”. S3 indicates that S3 was joking around and did not want S3 joke to C1 seen as a derogatory comment. C1 indicates that S3 told C1 “that if C1 was not so fat C1 would have not been injured”. C1 indicates that staff made up the story that C1 fell after putting C1 foot in a hole. 7 out of 8 clients indicate that no staff have made derogatory comments about their weight.
Based on LPA Calderon observations and interviews which were conducted and the records that were reviewed, the preponderance of evidence standard has been met, therefore the above allegation “staff pushed client at a day program” “staff made derogatory comment about client weigh” is found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division 6 are being cited on the attached LIC 9099D.
An exit interview was conducted, and a copy of the Complaint Report and Appeal Rights were provided to the Director Jose Sanchez (S1). |