Follow-up on corrections·November 3, 2021

On 7/27/2021, the facility reported that a caregiver had been removed from the facility after it was found to have engaged in an inappropriate contact with a resident. The Department made a case management visit regarding the incident on 7/28/2021 and initiated an investigation. On 11/3/2021, Licensing Program Analyst (LPA) Murial Han conducted a follow-up to deliver the findings of the investigation. The Department determined that on 7/26/2021, a staff member (S1) indicated to another staff (S2) intentions to give a resident (R1) a shower. After a few minutes, S2 went to assists S1 and found S1 with pants down and in underwear within the bathroom and in the presence of R1. S1 denied a sexual encounter but acknowledged an emotional relationship with R1; therefore, the S1 was removed from the facility immediately. During the investigation, the Department collected documentation and conducted interviews. S1 denies engaging in sexual contact with R1 but acknowledges a relationship with the resident. R1 is unable to communicate and unable to acknowledge any relationship, and given R1’s health condition, unable to consent. No other staff acknowledged awareness of S1’s claimed relationship with R1. Based on interviews conducted, there is preponderance evidence to show that S1 engaged in inimical behavior and engaged in inappropriate contact with a resident in care. Therefore, facility staff violated the resident’s personal rights. Appeal rights and penalty assessments have been explained to Facility Representative, and the following Type A deficiency is cited based on Title 22, Division 6 of California Code of Regulations.