complaint·May 17, 2024

While S1 initially stated that R1's care that day was typical and without incident, S1 then stated that R1 grabbed S1's hand and squeezed it, causing pain to S1's fingers and that S1 then in turn grabbed R1's hand. Interviews revealed that other staff characterized S1 as "very stubborn" and wants to do things their own way, rather than how the residents prefer their care. Staff indicated there are residents who have reported to them they do not want S1 working with them due to S1 being rough. Staff interviewed indicated R1 is very respectful, gentle and has never shown aggressive behavior. All persons interviewed agreed that the allegation S1 made about R1 grabbing their hand and causing pain to S1's fingers is very uncharacteristic of R1's behavior. Interview with R1 revealed their story aligned with that of the witness, including S1 appearing agitated, the sound of a slap on exposed skin and R1 stating "please don't hit me" following the sound heard. R1 indicated S1 told them they needed to hurry and to stop asking questions. Then S1 hit R1 on the back with an open hand, but stated that it wasn't too hard. Nurse observed R1 and did not note any marks on their back or any part of their body following the incident. Police report reviewed also indicated the same timeline of events, including a hit or slap with an open hand to R1's back. Other residents management interviewed indicated S1 tends to get frustrated, is in a hurry often, and does things their own way. No other residents the LPA interviewed indicated they have witnessed or been subjected to any physical aggression from S1 or any other staff. Management indicated that S1 had previously been counseled regarding their approach with the residents, but that there had been no previous reports of any physical abuse or altercations. S1 was placed on leave as soon as management was made aware of this incident involving R1 and has not returned to the facility since the date of the incident. Management indicated that due to this incident and the previous counseling that S1 had received, S1 will not be returning to employment at the facility. Based on information gathered in interviews and record review, the allegation that "staff hit resident" is deemed SUBSTANTIATED at this time. Pursuant to Title 22 Division 6 Chapter 8 of the CA Code of Regulations, the following deficiency was cited (refer to LIC 9099-D): Exit interview conducted. Appeal rights were reviewed. A copy of the report and appeal rights were provided.