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32 | (continue from LIC9099)
Management reported that S1 denied striking R1 during the investigation.
Facility management stated that, prior to this incident, there had been no reported concerns that S1 had mistreated, abused, or otherwise disrespected residents. Records review indicated that S1 had been employed at the facility for approximately ten years. Personnel records reflected prior corrective actions related to job performance; however, none involved allegations of resident abuse or violations of resident personal rights.
Records review further indicated that R1 had resided at the facility for more than three years. During that time, there were no documented reports or allegations of similar abuse involving R1. Management reported that throughout the internal investigation, R1 consistently described the incident. Management further stated that R1 was alert and oriented to person, place, time, and circumstance and was considered a credible witness based on the consistency of the resident's statements.
Based on the evidence gathered during the internal investigation, facility management determined there was sufficient evidence to support the allegation that S1 struck R1 and terminated S1's employment. In addition, the facility conducted in-service training with staff regarding resident personal rights and reinforced that any form of resident abuse would not be tolerated and may result in disciplinary action, up to and including termination.
Based on interviews and records review, there is sufficient evidence to support that S1 struck R1. Therefore, the allegation is substantiated, meaning the preponderance of evidence standard has been met.
A deficiency was cited in accordance with California Code of Regulations, Title 22, Division 6, Chapter 8, Section 87468.1(a)(3), Personal Rights of Residents in All Facilities, as documented on the attached LIC 9099-D. A Plan of Correction (POC) was developed with Executive Director Bee Bee Smith to address staff training needs regarding resident personal rights, appropriate professional conduct, abuse prevention, and de-escalation techniques.
An exit interview was conducted with Program Director, Karen Pultorak . A copy of this report, LIC 9099-D, LIC 811 (Confidential Names List), and Licensee Appeal Rights (LIC 9058) were provided at the conclusion of the visit. |