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32 | After the public announcement was made, Client #1 (C1) came forward during the facility’s internal investigation and identified S1 touching him inappropriately. The licensee reported this via a Special Incident Report (SIR) dated September 7, 2022, and completed the Report of Suspected Dependent Adult Abuse. It was reported that the alleged assault took place prior to the facility closure (due to the Coronavirus 2019 pandemic) on March 17, 2020. C1, who is diagnosed with Moderate Intellectual Disability and Cerebral Palsy, requires a two-person assist in the bathroom as documented as per the Emergency Information form dated September 9, 2022. In C1’s disclosure to the facility, C1 alleged that S1 touched his penis on two occasions while he was not receiving bathroom assistance. C1 also indicated that there were no witnesses and could not recall the specific timeline. In C1’s interview conducted by the Department’s investigator and the detective with the Orange County Sherrif’s Department, C1 could not recall the conversation he had with his father about the alleged assault and the disclosure that was made to the facility. The client has a well-documented history of embellishing stories. Two out of the two staff who confirmed working with S1 indicated that S1 was kind to everyone and denied witnessing or having knowledge of S1 behaving inappropriately or speaking with suggestive comments or dialogue. Both indicated that per facility protocol, no staff would be left alone with one client, clients would be assisted by their respective gender staff, and if a client is a one-person assist in the bathroom, the second staff would always be present by the bathroom door.
Based on the Department’s investigation, due to the inconsistent statements made by C1, no additional victims being identified, and no additional information or statements were raised by the facility staff and the DOP regarding clients being sexually abused by S1, the evidence obtained did not corroborate with the allegation.
Therefore, although the allegation may have happened or is valid, there is not a preponderance of evidence to prove or refute the alleged violation occurred; therefore, this allegation is deemed UNSUBSTANTIATED.
An exit interview was conducted with Director of Operations Laura Martinez, and a copy of this report including the LIC9099C, and the LIC811 were provided at the end of the visit. |