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32 | (Continued from LIC 9099)
The allegation that: Staff engages in inappropriate physical interactions with resident in care was investigated by the Department. Four of four residents were interviewed. One resident confirmed the allegation and three of four residents could not confirm, nor deny the allegation. Five of five staff members interviewed denied the allegation.
LPA reviewed Staff #1 (S1)'s employee file; which included Corrective Action Forms and a written statement by S1. It was brought to management's attention that S1 was offered an item by Resident #1 (R1) that was to be thrown away. The item was in need of repair and R1 did not want it to be thrown out. S1 accepted the item and hoped to refurbish it and would ask R1 questions about the item and things that went with it. Per facility Corrective Action Form, the resident's item was returned to R1 the very next day after management became aware of the situation. R1 also reported to management that S1 left a brown sock in their dresser drawer as a sign that S1 still worked at the facility.
R1 stated the staff member asked too many questions and was too comfortable with R1 and gave R1 aggressive hugs. LPA inquired if R1 shared their discomfort with the hugs but R1 did not share this with the staff member. LPA interviewed S1 who stated R1 never gave any indication that S1 was being intrusive and S1 asked R1 if R1 would accept the hug. Although R1 did not reply, S1 felt a closeness to R1 and hugged the resident. Although the resident did not verbally state their discomfort, R1 did not give verbal consent. S1 has since resigned and no longer works at the community.
Based on LPA's file review, observations and interviews, A Technical Violation will be given for CCR 87468.2(a)(8) Additional Personal Rights of Residents in Privately Operated Facilities and the allegation above is Substantiated. An exit interview was conducted with Executive Director Cynthia Figueroa, and a copy of this report and LIC 9102-TV was provided to the facility. |