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32 | During the Department's investigation, LPA requested and reviewed facility records, the police report, resident records, and the residents' most recent appraisals. R1 has a diagnosis of dementia. R2 did not have a documented diagnosis of cognitive impairment. The records reviewed did not identify a history of aggressive or assaultive behavior for either R1 or R2. R1 and R2 had been roommates for more than one year, and there were no prior Special Incident Reports (SIRs) or other documentation indicating previous physical altercations involving either resident.
During interviews, five (5) residents and four (4) staff members stated they had never witnessed physical altercations between residents at the facility. One staff member reported that the allegation mentioned was the first physical altercation to occur at the facility and stated that staff immediately intervened to separate the residents. Staff consistently stated that when verbal disagreements occur between residents, staff intervene by redirecting the residents and attempting to de-escalate the situation. The facility also provided its written policies and procedures regarding resident behavior management.
The investigation did not reveal evidence that the facility had prior knowledge that R2 exhibited aggressive behaviors toward residents requiring additional supervision before the incident. No documentation reviewed identified a pattern of aggressive behavior or other information indicating the incident was foreseeable.
R1 and R2 were not interviewed because R1 remained hospitalized during the investigation, and R2 remained in police custody. Therefore, neither resident was available for interview.
Based on interviews, record reviews, and other information obtained during the investigation, there is insufficient evidence to corroborate that staff neglect/lack of supervision resulted in a resident being physically abused. The evidence obtained did not establish that the residents required additional preventive interventions or that staff failed to respond appropriately once the altercation occurred. Therefore, the allegation is Unsubstantiated.
An exit interview was conducted with Regional Director Kenya Carlton.The amended LIC 9099 and LIC 9099C were discussed and provided.
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