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32 | Allegation: Staff handled client in a rough manner. During this investigation, LPA interviewed C-1 through C-3. LPA was unable to interview C-4 as C-4 was unable to understand the interview questions. LPA also interviewed S-1 and S-2. (1) out of (3) interviewed clients, indicated S-1 held C-2 on the ground (laying flat on the stomach with the arms facing forward and C-2’s sweater hoodie covering C-2’s face) due to C-2’s behavior. (1) out of (2) interviewed staff, indicated S-1 followed C-2 to the front yard of this facility and attempted to redirect C-2 as C-2 was displaying inappropriate behaviors including property destruction. During the attempted redirection, per S-1 interview, C-2 picked up a large rock and threw it in the direction of S-1. S-1 admitted to placing a “brief” restraint due to C-2’s physical aggression (including C-2 attempting to bite S-1) by placing S-1’s knees on C-2's back, pinned C-2 with C-2's arms stretched out. S-1 handled C-2 in a rough manner. Based on Staff interview, this allegation is corroborated.
Allegation: Staff inappropriately restrained client. During this investigation, LPA interviewed C-1 through C-3. LPA was unable to interview C-4 as C-4 was unable to understand the interview questions. LPA also interviewed S-1 and S-2. (1) out of (3) interviewed clients, indicated S-1 held C-2 on the ground (laying flat on the stomach with the arms facing forward and C-2’s sweater hoodie covering C-2’s face) due to C-2’s behavior. (1) out of (2) interviewed staff, indicated S-1 followed C-2 to the front yard of this facility and attempted to redirect C-2 as C-2 was displaying inappropriate behaviors including property destruction. During the attempted redirection, per S-1 interview, C-2 picked up a large rock and threw it in the direction of S-1. S-1 admitted to placing a “brief” restraint due to C-2’s physical aggression (including C-2 attempting to bite S-1) by placing S-1’s knees on C-2's back, pinned C-2 with C-2's arms stretched out. S-1 inappropriately restrained client. Based on Staff interview, this allegation is corroborated.
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 1 & 6 are being cited on the attached LIC 9099D.
Exit interview conducted, Appeal Rights and a copy of this report was provided to Facility Administrator. |
Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Type B
07/15/2022
Section Cited
CCR
80072(a)(3) | 1
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7 | Personal Rights-Except for children’s residential facilities, each client shall have personal rights which include, but are not limited to, the following: (3) To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat, mental abuse, or other actions of a punitive nature, including but not | 1
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7 | The Licensee, administrator, and staff shall review title 22 regulations pertaining to personal rights and attend an in-service training. |
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14 | limited to: interference with the daily living functions, including eating, sleeping, or toileting; or withholding of shelter, clothing, medication or aids to physical functioning.
This standard is not met as evidence by: | 8
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14 | Licensee and/or Administrator to submit proof of in-service training which shall include: name of participant with signature, date, duration of training and curriculum used for personal rights training to LPA by POC due date of 07/15/2022.
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Type B
07/15/2022
Section Cited
CCR
80072(a)(3) | 1
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7 | THIS IS A CONTINUATION OF PERSONAL RIGHTS CITED ABOVE.
S-1 admitted to placing a “brief” restraint due to C-2’s physical aggression (including C-2 attempting to bite S-1) by placing S-1’s knees on C-2's back, pinned C-2 with C-2's arms stretched out. | 1
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14 | S-1 handled C-2 in a rough manner and inappropriately restrained C-2. | 8
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14 |  |