complaint·March 27, 2023

ED Gallarza added that they obtained reports of the altercation from a kitchen staff and Activity Director who stepped in to stop R1 and R2. ED Gallarza lastly added that they spoke to R1 and R2 separate and re-iterated the importance of code of conduct from resident and the facility house rules. ED Gallarza said they have tried to keep R1 and R2 apart during meals, and activities but it is a difficult challenge if both want to attend the same event. Staff are aware of the situation between them and if in the same room, staff are instructed to seat residents at opposite sides of room. Although resident have the right to attend any event within the facility, staff are fully aware of the history between R1 and R2 if both are in an activity, thus with staff knowledge, it minimizes the opportunity of residents being bullied. That same day, interview with Staff #1(S1) at 1:25 p.m. and S2 at 2:00 p.m., confirmed what ED Gallarza stated. Interviews with staff revealed that they observed R2 walk up to R1 and started to yell during breakfast. S1 stated they walked between the R1 and R2 and told them to stop yelling as the dining room is open seating. S2 added that R2 was yelling while R1 sat there at the table. Staff stated that after intervening, R2 stopped yelling, and sat at the opposite side of the dining with no further incident. Later that same day, interview with R2 at 2:30 p.m., confirmed what ED Gallarza and staff stated. Additionally, R2 added that they do not recall what was said, but R2 confirmed that they yelled at R1 for sitting at this table. R2 lastly added that a staff and another resident intervened and walked R2 out of the dining room. Even though R2 presented with behaviors during the morning mealtime, staff was quick to respond and intervene to provide a safe environment for all residents in the dinning room. Interview with R1, on 03/14/2023 at 1:50 p.m., confirmed what was previously stated by the ED, staff and R2. Lastly, R1 added that staff have been doing a great job separating both residents to prevent any future altercations. Staff interviews on 03/27/2023, starting at 12:30 p.m., revealed that staff are helpful and due their diligence to provide the best care possible for resident. Additionally, they have not heard of any staff yelling at residents. Lastly, staff communicated the procedure if there were to be any verbal or physical altercations between the residents. That same day, resident interviews, starting at 12:37 p.m. revealed that the staff are very nice and helpful. Additionally, staff have not yelled, or been disrespectful in any way toward any resident. Lastly, resident interviews added that do not feel bullied or intimidated, but instead, feel safe and comfortable living at this facility. Continued on LIC 9099 - C The Department acknowledges the staff are unable to be present during all incidents, as R1 and R2 do not require 1:1 supervision. Yet, when staff were alerted to the disagreement between R1 and R2, staff appropriately intervened with the intention of creating a safe environment for all residents, including R1 and R2. Staff and resident interviews supported claims that resident felt safe and supported while residing in this community. Residents feel that if disagreements occur, staff appropriately intervene and prevent other residents and or other parties from feeling intimidated or bullied. Based on evidence gathered throughout the investigation, there is insufficient evidence to support the claims of staff failed to prevent resident from being bullied and staff failed to provide a safe and comfortable environment for residents. Thus, the allegations are deemed Unsubstantiated at this time. Exit interview conducted and copy of the report was issued to ED.