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32 | [CONTINUED FROM LIC 9099] Per C1’s latest LIC602 Physician’s Report, C1 was diagnosed with Down Syndrome and Agitation. According to C1’s Individual Program Plan (IPP) from San Diego Regional Center (SDRC), C1 was diagnosed with Down Syndrome, Mild Intellectual Disability, and Asthma. C1’s latest quarterly behavioral consulting report showed that C1 was also recently diagnosed with Dementia.
LPA obtained video footage showing S1 standing beside C1, forcefully pushing a pillow into their face, while C1 was yelling/screaming. Multiple interviews aligned to positively identify S1 and C1 as the respective persons depicted in the video. LPA interviewed multiple witnesses, who corroborated this incident of abuse had occurred and that S1 was the perpetrator.
During today’s visit, C1 did not have any bruising or sign of injury on their face, neck, or lower arms. C1 gave consent to LPA, who accompanied by facility staff, inspected the skin on C1’s upper body and lower legs. LPA found signs of bruises which were yellowing/fading. LPA asked C1 about the incident and the origin of said bruises, but C1 was not able to successfully answer LPA’s questions, even when they were rephrased in simple/binary format. Manager interview, corroborated by SDRC and third-party behavioral consulting documentation, showed C1 sometimes had emotional outbursts, physical aggression, and “self-injurious behavior.”
The other two clients in care, Client #2 (C2) and Client #3 (C3), were able to be successfully interviewed. Both told LPA that no staff, including S1, had abused them since they moved into the facility. Interviews of facility staff and an outside source also showed: There was a separate incident where Staff #2 (S2) used a water bottle with a squirt nozzle to spray C1’s chest during one of C1’s episodes of aggressive outburst/behavior. S2 said C1 was afraid of water and admitted to doing this once.
Based on records and interviews, a preponderance of evidence exists to show that S1 physically abused C1, and that S2 also violated C1’s personal rights via a punitive action. There is no evidence to conclude either incident directly resulted in bruising or injury to C1’s body. The allegation is therefore Substantiated (but no immediate civil penalty was charged). A deficiency was cited per California Code of Regulations, Title 22 (refer to the attached LIC 9099-D page). A Plan of Correction was jointly developed with the Licensee.
An exit interview was conducted with McDade, to whom a copy of this report, the LIC 9099-D page, the LIC811 Confidential Names List, and the Licensee/Appeal Rights (LIC9058 03/22) were provided. |