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32 | Allegation: "Staff speak inappropriately to clients in care." Based on interviews conducted the findings indicate that staff (S1) and staff (S2) speak to clients in care in an unprofessional and inappropriate manner by raising their voice and engaging in arguments with developmentally disabled clients. It was reported that on September 1, 2022 staff (S2) and client (C2) had an argument about food, and staff S2 called C2 "dumb ass". LPA listened to the audio recording of the incident and confirmed that S2 used inappropriate language towards client (C2). It is also alleged that C1 and C2's brother visits the facility and listens to the radio, and staff yell at the visitor to lower the music volume. Staff stated they ask the visitor to turn down the volume in a polite manner. All staff stated that the clients are misconstruing S1 & S2's tone of voice as yelling. According to staff interviews, S1 & S2 speak in a loud tone due to cultural differences in communication. Staff acknowledged talking in a loud manner, but denied speaking inappropriately to clients. All three (3) clients stated that S1 & S2 sometimes address the clients in an inappropriate tone of voice, use bad language, and yell at clients. Both staff and clients stated that there is a lack of respect between clients and staff.
Allegation: "Staff does not provide safe transportation to clients in care." It is alleged that staff (S1) handles and looks at its personal cell phone while driving. Two separate incidents were reported. In March 2021, while S1 was transporting clients (C1 & C2) to a medical doctor appointment the alleged staff handled the cell phone while driving; which made clients feel unsafe. According to staff interviews, staff (S2) does not feel comfortable driving C1 & C2 because the clients are argumentative, and has not transported the clients on outings since Spring 2022. It is alleged that in late August 2022, client (C3) was being transported to a store and S1 nearly crashed because it was distracted, speeding and ran a yellow light. Staff (S1) denied the allegation and stated that C3 was interfering with staff's driving decisions by telling staff what to do while driving. All three (3) clients stated they do not feel safe in the van when staff (S1) drives because the staff is often distracted with the cell phone, or speeding. All staff denied the allegation and stated that to their knowledge all staff drive in a safe manner. However, all clients strongly expressed they do not feel safe when S1 drives.
Based on interviews conducted and observations, the preponderance of evidence standard has been met, therefore the above allegation(s) are found to be SUBSTANTIATED. Deficiencies are being cited. See LIC 9099D.
Exit interview was conducted with Designated Administrator Ekundayo Daniel Aleburu. A copy of the report and appeal rights were provided. |
Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Type A
09/12/2022
Section Cited
CCR
80072(a)(1) | 1
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7 | 80072 Personal Rights. (a) Except for children’s residential facilities, each client shall have personal rights which include, but are not limited to, the following: (1) To be accorded dignity in his/her personal relationships with staff and other persons. | 1
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7 | Administrator shall conduct a staff in-service training on Personal Rights, Zero Tolerance, and shall ensure that the personal rights of clients are not violated.
Administrator shall provide staff training and submit sign-in sheets with staff names and signatures, date, time/duration of training, name of the presenter and curriculum used for this training to LPA POC due date. |
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14 | This requirement was not met evidenced by:
Based on interviews conducted staff (S1 & S2) have spoken to clients in care inappropiately by yelling and calling the clients names; which poses a potential health, safety or personal rights risk to persons in care. | 8
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Type B
09/12/2022
Section Cited
CCR
80072(a)(2) | 1
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7 | 80072 Personal Rights. (a) Except for children’s residential facilities, each client shall have personal rights which include, but are not limited to, the following: (2) To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs. This requirement was not met evidenced by: | 1
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7 | Administrator shall conduct staff training addressing Personal Rights, and safe motor vehicle practices. Submit proof of staff training by POC due date. |
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14 | Based on interviews, the findings indicate that all three (3) clients have been transported in the van by S1, and felt unsafe because S1 drove distracted with the phone, and too fast; which poses potential health, safety or personal rights risk to persons in care. | 8
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