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32 | [CONTINUED FROM LIC 809]
Staff interviews, corroborated by time and date-stamped records, showed: During the evening of 09/05/2023, R1 did not want to receive personal care from S1. S1 used their own hands to physically restrain R1’s hands. S1 then used their fingers to pinch R1’s neck and spoke disrespectfully about R1 in front of them, towards Staff #2 (S2), who witnessed the above. Also during the evening of 09/05/2023, R2 did not want to receive bathroom assistance from S1. R2 was in their wheelchair and grabbed onto the doorframe of their bathroom in protest. Rather than stop, S1 continued to pull on R2’s wheelchair handles until R2 slid out of the wheelchair and onto the floor. This latter act was witnessed by S2 and Staff #3. Staff #4 did not witness the moment R2 slid out, but responded post-incident and corroborated that they personally helped R2 up off the floor. R1 and R2 did not suffer observable injuries from the incident.
Records and staff interviews unanimously showed: Licensee became are of the above incidents on 09/06/2023, and immediately placed S1 on administrative leave pending further investigation. The same day S1 was placed on leave, they resigned from employment. Licensee’s own internal investigation concluded that S1 had committed the above alleged actions.
A preponderance of evidence exists to show that during the incidents in question, licensee’s staff (S1) did not ensure that residents in care (R1 and R2) were free from humiliation and physical abuse. One (1) deficiency was cited per California Code of Regulations, Title 22 (refer to the attached LIC 809-D). A Plan of Correction was jointly developed with the licensee.
An exit interview was conducted with Aguilar, to whom a copy of this report, the LIC 809-D, the LIC811 Confidential Names List, and the Licensee/Appeal Rights (LIC9058 03/22) were provided during the visit. |