Complaint·May 25, 2023

R3 states, “in the dining room we have butter knives but something like a pocketknife they take away from you once you move in or at least they did when I moved in.” R5 states, “I know we are not supposed to have sharp objects, so I don’t know about that.” R6 states, “nope don’t know anything about it.” R7 states, “I don’t know what you are talking about, and I don’t know anything about that allegation.” R8 was unavailable for an interview. During interviews with staff, LPA Agard interviewed 3 out of 20 staff and 1 witness. 4 out of 4 confirmed the allegation. S1 states, “I think that happened in the resident’s common area in front of the nursing station. R7 grabbed some scissors from the nurse’s station. There was a CNA present during that time and was able to secure it away from them. The scissors were a simple scissor used for cutting paper. It was not sharp.” S2 states, “The resident R7 pulled a scissor on R8. The two of them were arguing and R7 picked up the scissors. I wasn’t present so I’m going off the incident report. I believe there was a code of conduct given to R7. I didn’t witness where the scissors came from but at any given time the nursing station could have tape, scissors, pens, or a stapler which could all be used as a form of a weapon, but residents don’t have access to sharp objects.” S3 states, “this was during a time we were shut down due to Covid. R7 was eating in the common area and because that was not allowed at the time, I reminded them to put on a mask. R7 yelled at me and R8 heard them yelling and told them not to talk to me like that and to put on a mask. They both started getting into a verbal altercation. R7 was walking towards the nursing station, went behind the desk and grab the scissors out the desk draw. I grabbed the phone and started to call security. R7 started to gesture that he was going to stab R8 and that’s when the Certified Nursing Assistant (CNA), took the scissors out of R7’s hands. They were not even close to R8. The scissors were not sharp enough to be used as a weapon. The residents are not allowed to have anything sharp like that on the premises. During an interview with a witness, W1 states, R7 and R8 got into some form of a disagreement. R7 secured some scissors from the front desk and brandished them towards R8. It was reported as an incident to the California Highway Patrol (CHP), management, and Community Care Licensing. They had a disagreement, or something was said. R7 received a code of conduct from the facility. However, residents don’t typically have access to sharp items." Report continued on LIC9099-C During a record review, LPA Agard reviewed an incident report and a SOC 341 dated for 01/15/2022 that was sent to licensing self-reporting an incident that took place on 01/15/2022 involving R7’s role in the incident mentioned above. LPA reviewed a code of conduct violations report dated for 02/08/2022 that was issued to R7 for violating the facility rules of threatening other residents and or staff in response to the same incident. During a tour of the facility, LPA observed the alleged scissors that were used on the incident. LPA observed the scissors not to be sharp in shape and removed from nursing station. LPA did not observe any other sharp items to be accessible. Regarding the allegation… Residents have access to sharp objects, based on LPA’s observation, interviews conducted, and record review, the “preponderance of the evidence” standard has been met; therefore, this allegation is substantiated. Title 22 Division 6 Chapter 8 Article 8 is being cited (please see LIC9099D.) An exit interview was conducted and a copy of this report and appeal rights were given to Teresa Starks, Deputy Administrator.