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32 | On 01/11/2023, from 12:00pm to 1:11pm, Licensing Program Analyst (LPA) Darlene Chavez conducted an unannounced 24-hour complaint investigation visit to the facility. LPA Chavez met with Diana Barnhill, Licensee/Administrator, and explained the purpose of the visit. The LPA interviewed the Licensee/Administrator, observed Resident #1 (R1) and requested documents pertinent to the investigation. The LPA determined further investigation was needed and informed the Licensee/Administrator the Investigations Branch (IB) Investigator Maria Barragan would continue the investigation.
On 01/24/2023, from approximately 11:07am to 1:22pm, Investigator Barragan and Atascadero Police Department Detective Craig Martineau conducted interviews with R1’s resident representative, staff, and the Licensee/Administrator; from approximately 1:47pm to 2:35pm, Investigator Barragan conducted interviews with residents and staff; on 02/02/2023, at approximately 5:18pm, with R1’s resident representative, and on 02/14/2023, from approximately 12:05pm to 1:27pm, with S1 and Staff #2 (S2). Additionally, Investigator Barragan reviewed the Atascadero Police Department Report #23-0052, and facility file documents, including the SOC341 Suspected Elder Abuse Report, related to R1.
According to the Atascadero Police Report, on 01/08/2023, at approximately 10:45am, Officer Robert Hammer was dispatched to the facility due to a sexual assault report filed. The report indicated R1 had disclosed that during nighttime hours on 01/07/2023, a staff had inserted their finger into R1’s rectum. The officer conducted interviews with the Licensee/Administrator and R1. R1 was not able to identify the location where the incident occurred. R1 first said it happened in R1’s bedroom, but later thought they were “bending over” the trunk of S1’s car. R1 could not remember if S1 was wearing gloves during the incident. When asked whether R1 was clothed or unclothed, R1 said they were still wearing underwear and pants. R1 said they reported the incident to another female staff, the facility director, and R1’s sister. (It was noted that R1’s “sister” is not a sister, but R1’s resident representative.) R1 declined medical treatment and a forensic examination. R1 asked if the suspect would be prosecuted. Officer Hammer told R1 an investigation would be conducted. R1 indicated that they did not know whether they wanted the suspect to be prosecuted. Detective Martineau’s Supplemental Report, dated 02/07/2023, noted that on 02/01/2023, R1’s resident representative stated they did not wish to proceed with filing criminal charges. Detective Martineau closed the investigation based on the fact that R1’s resident representative is R1’s power of attorney (POA) and did not wish to proceed with the investigation, R1 did not want to provide further statements, and R1 said they did not know whether they wanted the suspect prosecuted.
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