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32 | On 01/28/2020 R1 was left alone in the facility lobby while the Nocturnal Shift (NOC) shift caregiver conducted safety checks on other residents. The facility only has one NOC shift caregiver and one NOC shift medication technician (med tech) on staff for 54 residents. Staff checked on R1 at approximately 0530hours and realized R1 was missing. At 0610hours staff assumed that R1 walked out the front door lobby. NOC shift does not recall hearing the front door alarms sound off.
File review of documents and staff interviews indicted that R1 had exiting seeking behaviors and was an elopement risk. Facility did not provide adequate supervision resulting in R1 eloping. R1 was found in an orchard by a neighbor and emergency services were called. Medical records document that R1 sustained major injuries including broken ribs, major left-hand laceration, bruises, cuts and marks to left side of his body.
File review documents show that R1 is diagnosed with dementia, has wondering behavior, is not able to leave the facility unassisted, requires special observation/night supervision due to confusion and forgetfulness, and R1 is an elopement risk. Facility accepted R1 aware of R1’s wandering behavior, elopement risk and need for special night supervision. Facility planned on converting a portion of the facility to a memory care unti, but accepted R1 prior to the completion. Staff interviews indicated that Facility did not provide special overnight supervision for R1 and provide R1 an eviction notice on 01/10/2020 reporting that R1 requires more supervision than the facility can provide.
Based on this information and investigation findings conducted by the department, the allegations are substantiated.
Based on the evidence obtained, the preponderance of evidence standard has been met, therefore the above allegation is found to be substantiated. California Code of Regulations, (Title 22), is being cited on the attached LIC 9099D. As a result of R1 sustaining serious bodily injury, the violation warrants a civil penalty assessment. At this time the civil penalty assessment is under review and a civil penalty determination is pending. The LPA will return at a future date to assess the penalty. Failure to correct the deficiencies may also result in civil penalties. Appeal rights were provided and exit interview conducted. |