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32 | Based on records review, a police report was obtained by LPA, Staff member (S1) stated that When S1 and S2 went to help R1 get dressed for breakfast, R1 told them he/she didn't want to get up because he/she was sick. S1 then reported to the medical technician. When S1 and S2 went back to assist R1 they attempted to remove the blanket to help R1 get out of bed. When they removed the blanket, S1 observed a bottle of wine on R1's lap. When S1 attempted to grab the wine bottle from R1s lap, R1 became combative and pulled S1s hair. As R1 pulled S1's hair, R1 continuously yelled at them to get out of the room.
For R1s statement, on 11-26-23, R1 alleged that caregiver S1 and S2 entered the room and grabbed R1s left forearm and left leg to help R1 get dressed for breakfast. R1 stated he/she did not want to go and told them to leave her alone, but they didn't. When R1 asked S1 to take her to the bathroom, S1 told her “No.'' S1 stormed out of the room and slammed the door on the way out. When R1 was asked if S1 ever struck him/her, R1 stated yes. R1 stated that S1 did not actually strike him/her but was rough and aggressive when trying to get him/her dressed for breakfast. R1 admitted that he/she struck S1 in the chest area when R1 tried dressing him/her because she was squeezing his/her arm tightly.
The Administrator (ADM) during this time stated that after these allegations were made, ADM had a nurse at the facility conduct a head-to-toe skin check on R1 the following day (11-27-23). ADM advised that during this physical check, Health Services Director (HSD) did not observe any visible bruising on R1. ADM also stated that RP was not present but stated that one of the caregivers struck R1 in the back and arm, which caused bruising on R1s body. Also in the police report, it was mentioned that from what the Police Officer (PO) observed, R1 did not have any visible injuries when the arm was inspected. The photographs RP took, and it did not appear that R1 was bruised. However, there was slight redness likely to be because of age/sensitive skin.
LPA Marrufo was also able to interview staff members. During the interview, S2 was asked if he/she witnessed R1 being hurt by S2 and stated that “No, I didn’t.” S2 did not see personally that S1 hit R1 because S2s back was turned. S2 tried calming R1 down but that is when R1 scratched S2s wrist. R1 was very anxious and aggressive. S2 also did not observed any injuries on R1s forearm.
Based on interviews & records review, the department has determined that although the allegations may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur, therefore the allegation is UNSUBSTANTIATED.
Report is reviewed and copy is provided. |