Complaint·January 27, 2023

INVESTIGATION REVEALED THE FOLLOWING: Allegation: Staff sexually assaulted a resident in care. On 10/05/22 The Department received a complaint alleging sexual assault on resident #1 (R1). It was reported that staff #1 (S1) engaged inappropriate behavior by touching and fondling (R1’s) chest. On 10/20/22, Investigator Bendana interviewed resident #1 (R1). (R1) identified a caregiver (S1) who came into the room on 07/23/22 at approximately 9:30 pm while in bed. (S1) proceeded to give a sponge bath. (R1) described during the bath, (S1) “cuffed” and “massaged” (R1’s) chest. (R1) claimed not to call for help as no one else was in the house. (R1) did not disclose details of this incident to anyone until months later. On 12/16/22, Investigator Bendana interviewed staff #1 (S1). (S1) denied giving (R1) a sponge bath and working the night of 07/23/22. (S1) described giving (R1) a towel, a soap, and water to clean oneself. (S1) claimed on occasions (R1) is instructed to wash oneself. (S1) reported he is never alone with (R1) as staff #2 (S2) was present during times when (S1) was instructed to clean (R1). (S1) stated if “something happened” (R1) “would have screamed” as (R1) is alert and does not suffer from mental or cognitive disabilities. Interviews with staff #2-#4 (S2-S4) revealed no immediate concerns for resident’s health or safety. (S2-S4) claimed they never observed (S1) touch residents inappropriately. (S2) stated he was unaware of the incident until three months later when only (R1) shared some details. (S3) explained during a sponge bath, the caregiver “must” “lift” the bust area and go “around” the chest to the neck. (S3) expressed that when a male caregiver “cleans a female resident" another caregiver Is present. (S4) unaware of any inappropriate behavior, immediately removed (S1) from employment. Interview not available for residents #2-#3 (R2-R3) due to auditory impairment disability. Interviews with witnesses #1-#2 (W1-W2) were based on hearsay from (R1)'s accounts of the incident. Evaluation Report continues LIC 9099-C Investigator Bendana reviewed the police report and discovered no statement from (S1). The facility has never been reported to have experienced elder abuse or sexual battery. In an investigation conducted by the Investigation Branch Department, interviewing staff, residents, and witnesses, reviewing the police report, incident report, and medical records, no evidence was found to support the allegation that staff sexually assaulted resident in care. Staff scheduled were reviewed and verified, (S1) did not work the night of 07/23/22. Based on information gathered, an inspection of the facility, observation, analysis of service records and other reports associated with this complaint, and interviews conducted, 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 the alleged violation, did or did not occur, therefore the allegation is Unsubstantiated . No deficiencies were cited during this visit. An exit interview was conducted with Robin Taporco, and a copy of the report was provided.