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32 | On January 12, 2023, the Department conducted interviews with one administrator and three staff members regarding the alleged incident. The interviews indicated that C1 became upset, knocked over a Christmas tree and furniture, which prompted staff to contact law enforcement. All individuals interviewed denied that staff threatened, intimidated, emotionally abused, or physically mishandled C1.
LPA was unable to interview or obtain facility records pertaining to C1. C1 moved out of the facility in May 2023, and the required three-year record-retention period had expired at the time of the investigation. California Code of Regulations, Title 22, Section 80070(g), requires original client records, or photographic reproductions of those records, to be retained for a minimum of three years. Therefore, C1’s facility records were no longer available for review.
Based on interviews conducted by LPA, interviews conducted by the Department, and the information available for review, there was insufficient evidence to establish that staff emotionally abused C1 or handled C1 in a rough manner. Although the allegations may have occurred or may be valid, there is not a preponderance of evidence to prove that the alleged violations occurred. Therefore, the allegations that “Staff are emotionally abusing resident in care” and “Staff are handling resident in care in a rough manner” are Unsubstantiated. |