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32 | LPA Valerio interviewed ten (10) staff. Based on all staff interviews, all staff denied ever observing, hearing, or personally using restraints towards any of the residents.
Based on the interviews with staff and residents, LPA Valerio cannot determine which staff member(s) committed a violation of the residents' personal rights. Although a picture was submitted of an individual's back, the picture cannot identify the staff member nor can it identify whether the alleged staff member committed the act. However, the photos submitted do show sufficient evidence that R1 was restrained and confined to a wheelchair with the use of sticks inserted through the wheels of the wheelchair, a towel/ cloth-like material tied around the resident, and the resident's shirt draped over the back of the wheelchair back.
Based on the review of the photos provided, the preponderance of evidence standard has been met, therefore the above allegations are found to be SUBSTANTIATED. California Code of Regulations (Title 22, Division 6, Chapter 1) are being cited on the attached LIC-9099D. Failure to correct the deficiency may result in civil penalties. Appeal rights were provided. An exit interview was conducted with Lead Staff member Pedro Bunagan, and a copy of the report was left at the facility. |