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32 | (Continuation of LIC9099)
Client interviews confirmed they felt comfortable in their home. Interview with C1 said the incident took place at the kitchen table of their home. They were speaking with another client regarding staff and how they do not hurt them. C1 said they were joking around, and S1 pretended to place their hands around their neck. Later that night, law enforcement came to their home and attempted to arrest S1. C1 reiterated that S1 placed their hands loosely around their neck and confirmed S1 would never hurt or threaten any client. C2 confirmed that S1 is good to the clients and called S1 their “buddy.” According to S1, they confirmed that they placed their hands around C1's neck but said that it was playfully. S1 said they were in the kitchen, and C1 and the Administrator were at the kitchen table when the incident transpired. They joked and laughed after S1 playfully placed their hands on C1's neck and high-fived after that, amusingly. S1 acknowledged law enforcement went to the home to obtain statements, but then left after they confirmed C1 was safe.
A review of records was conducted. Per C1’s Individual Program Plan (IPP), C1 is able to communicate clearly their wants and needs. C1’s Physician’s Report (LIC602) confirms C1 is frequently able to communicate their needs. According to the facility’s incident report (LIC624), C1 denied to law enforcement that they had been hurt or threatened. According to the Special Incident Report (SIR), S1 had placed their hands on C1's neck lightly and felt that S1 was serious. C1 then went into their room and stayed there the rest of the night. The SIR further stated C1's neck was observed and there were no injuries or markings. According to the SIR, C1 feels safe living at home. According to text messages, between C1, the Administrator, and C1’s responsible person(s) (RPs), C1 reported S1 had placed their hands on C1. The Administrator followed up with a responding message confirming S1 placed their hands on C1's neck jokingly. The text message further informed the RP(s) that the Administrator had spoken to S1 regarding appropriateness and S1 promised it would not recur.
Based on the Department’s investigation of the above-mentioned allegations and the evidence obtained during staff and outside source interviews, and records reviewed, there is insufficient evidence to meet the preponderance of evidence standard. Therefore, the above allegations are deemed to be unsubstantiated.
The report was discussed, and an exit interview was conducted with Administrator Jocelyn Santella to whom a copy of this report, along with Licensee/Appeal Rights (LIC9058 3/22), were provided at the conclusion of the visit. The signature below confirms the receipt of these documents. |