complaint·April 26, 2022

Upon review, the video surveillance dated 11/10/2021 showed R1 kissing, hugging, and fondling R2 and R1 responding to the interaction. During the video, R2 was observed to be alternating between crying and encouraging R1's advances. . During periods where R2 was observed to be crying, R2 can be heard via the footage acknowledging that they were unaware why they were crying. The interaction appears to be consensual. R2’s Responsible Party notified the facility about the interaction captured by the Ring camera and law enforcement was notified. The Department interviewed both residents on 12/01/2021 and Newport Beach Detective Kelly Maslin interviewed both residents on 11/12/2021 and noted that R2 did not remember the incident; However, R1 did recall the incident and stated it was consensual. After being notified of the incident, the facility Administrator moved R2’s room to a different area of the facility and has instructed staff to check on R2 every two hours. Both residents reside in assisted living. Per physician report dated 04/28/2021, R1 is diagnosed with Mild Cognitive Impairment as well as R2 per report dated 04/16/2021. Both residents are fairly independent with minimal assistance. Per interview with Newport Beach Detective Kelly Maslin and video surveillance, the interaction appears to be consensual and Newport Beach Police Department will not be seeking further action. Based on the video surveillance and lack of information provided by the residents, it is difficult to determine the nature of the relationship. Therefore, the allegation is deemed unsubstantiated, meaning that although the allegation may have happened or are valid, there is not a preponderance of the evidence to prove that the alleged violation occurred. An exit interview was conducted with Administrator and a copy of this report was provided to facility.