complaint·May 29, 2024

INVESTIGATION REVEALED THE FOLLOWING: Allegation: Due to lack of supervision, resident is assaulting another resident. The details of this complaint alleged that due to lack of supervision, resident #1 (R1) was assaulted by resident #2 (R2).  The complainant reported that (R1) was physically and emotionally abused by (R2) and informed (R1) that (R2) was not going to hit (R1) anymore, but (R2) hit (R1) with an electric wheelchair on purpose. The complainant stated (R1) reported the incident to law enforcement and claimed (R1) does not feel safe around (R1) especially when they both live in the same assisted living facility. According to (R1)’s and (R2)’s Identification and Emergency Information LIC 601 (dated: 10/07/21 and 03/28/22), (R1) was admitted to Crofton Manor on 03/28/22, while (R2) was admitted to 10/08/21. On 05/29/24, between 11:20 am – 11:50 am, the Department interviewed resident #1 (R1). (R1) claimed to like living at the facility and found 99% of the staff considered helpful and accommodating. (R1) explained an incident that happened most recently outside of the facility with (R2). (R1) explained that (R2) was never considered a friend and that (R2) has a history of taunting (R1).  (R1) claimed that (R2) enjoyed harassing (R1) and continues to do so outside and inside the facility. (R1) claimed that (R1) would inform staff and that staff would inform management but felt nothing was done about removing (R1) from the facility due to (R1)’s behavior. (R1) explained that administrator #1 (A1) is involved in every incident, and both (R1) and (R2) have been counseled by (A1) for their behaviors. (A1) suggested that (R1) start writing down the dates and times of each incident. (R1) stated it was too time-consuming and did not record any of the incidents that have occurred with (R2).  (R1) claimed that facility staff have been responsive and did not consider it was lack of supervision that may have caused these incidents with (R2). (R1) is frustrated that (R2) is being held back so long by the facility. (R1) stated that law enforcement had been dispatched for several of the incidents involving (R2) and that (A1) assisted with notifying the authorities. (R1) refused to seek medical treatment for every incident involving (R2) due to no major physical injuries were involved. (R1) confirmed that (A1) had offered to move (R1) to a different floor but declined. (Evaluation Report continues LIC 9099-C) On 05/29/24, between 11:10 am – 11:20 am, the Department interviewed resident #2 (R2). (R2) claimed to to have no battles with any residents and get along with all. (R2) expressed that staff supervision is good. The staff are alert to prevent conflicts with other residents.  (R2) denied having any issues with (R1). (R2) claimed to feel safe living at this facility. On 05/29/24, between 09:38 am – 11:09 am, the Department interviewed residents #3-#10 (R1-R10).  Eight (8) out of eight (8) residents felt safe in their living environment and were complimentary of staff. (R3-R10) have not witnessed any unacceptable behavior between residents. (R3-R10) claimed when on duty the staff are alert and responsive and will step in to prevent any unwarranted behaviors between residents. (R3-R10) reported the facility holds monthly Residents Council Meetings, and concerns are discussed. Suggestion Box is also available for residents who want to address any concerns anonymously. On 05/29/24, between 09:00 am – 11:58 am, the Department interviewed administrator #1 (A1) and staff #1 (S1) both refuted this accusation. (A1) and (S1) both expressed that there is a history between (R1) and (R2).  (A1) and (S1) claimed that (R1) and (R2) used to be friendly with one another as they were friends. (R1) and (R2) have been spotted inside the facility and outside to have engaged socially. Their friendship has ended, and they no longer communicate with one another. (A1) has consulted both (R1) and (R2) for their behaviors, and (R2) has been provided verbal warnings that may lead to termination of residency. (A1) claimed the last incident involving (R1) and (R2) was on 05/09/24. The incident happened outside the facility. (R1) claimed that (R2) intentionally bumped into (R1) with (R2)’s wheelchair. (R2) claimed it was not intentional that the act was an accident - the wheelchair was not working correctly. (A1) immediately notified the wheelchair company to examine (R2)’s wheelchair for repairs. While collecting statements from (R2), the Long Beach Police arrived and took statements from both (R1) and (R2). In inclusion, (R2) was ordered to stay away from (R1) and not to communicate or contact (R1) in the police report completed #24-23-424. (A1) stated that incident reports for (R1) and (R2) were submitted, and family representatives for both residents had been notified.  (S1) claimed incidents involving (R1) and (R2), and (R1) declined to seek medical assistance. (A1) reported that both residents share the same floor and have been offered to move to different floors - both have refused to move. (A1) stated it is not due to lack of supervision our staff are trained to act to prevent violence amongst residents. Surveillance cameras are installed in all the common areas to capture unwarranted activities. (Evaluation Report continues LIC 9099-C) According to (A1) the facility is being proactive and has been working with (R2)'s family representative and Assisted Living Waiver (ALW) representative to relocate (R2) to another assisted living facility. On 05/29/24, between 12:21 pm – 01:30 pm, the Department interviewed family representatives witnesses #1-#2 (W1-W2). (W1-W2) both confirmed to have been informed by (A1) of the incidents involving (R1) and (R2) and claimed these incidents were not due to a lack of supervision from the facility. (W2) confirmed that (R2) has agreed to be relocated to another assisted living facility and that (A1) is in the process of assisting in the procedure. As a result of the Department reviewing (R1)'s Physicians Report LIC 602A (dated: 03/30/23), revealed that (R1) is in fair physical status, can self-care, and is disposed to aggressive verbal behavior. (R2)’s Physicians Reported (dated: 10/19/23), revealed (R2) is in fair physical condition, can self-care with assistance, and is in a safe mental status. An analysis of Unusual Incident Reports (dated: 04/10/24 and 05/09/24) addressed to the Long Term Ombudsman (LTCO), Adult Protective Services (APS), Community Care Licensing (CCL), and family members. Based on the information gathered, there is insufficient evidence to corroborate the allegation mentioned above. Based on the information collected, an inspection of the facility, observation and interviews conducted, and an analysis of records reviewed, the Department found no evidence to support the allegation mentioned in this complaint. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove NEGLECT/LACK OF SUPERVISION, “Due to lack of supervision, resident is assaulting another resident” did or did not occur, therefore the allegation is Unsubstantiated . No deficiencies were cited. An exit interview was conducted with Amalia Esquivias, and a copy of the report is provided.