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32 | During the investigation, the administrator and the staff person involved were interviewed. It was reported that during the month of January 2024, an incident occurred in that a resident (Resident 1) was acting out, trying to run away from the facility and was combative with the staff. It was reported that the resident was acting violent to the staff by hitting, head butting, kicking, and stomping. A staff person (Staff 1) and another staff person tried to implement a two-person standing restraint and provide crisis communication to the resident; however, the resident continued to lash out at the staff. Staff 1 reported that in an effort to have the resident release the other staff person from a grip, Staff 1 put his forearm on the resident's chest and his forearm slipped up to the resident’s throat. Staff 1 advised that he did not intend to have his forearm slip up to the resident's throat; however, it did. The resident indicated that he was choked during the incident. An inappropriate restraint happened, and Staff 1 was let go from his job due to the incident.
Based on investigation observations and interviews which were conducted and record review(s), the preponderance of evidence standard has been met, therefore the above allegation is found to be Substantiated. California Code of Regulations, (Title 22), is cited on the attached LIC 9099D.
Appeal Rights were explained and provided to the facility representative listed above and an exit interview was conducted. If any of the cited deficiencies are not corrected by the noted due date, civil penalties may be assessed.
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