complaint·March 2, 2023

On 01/11/2023, from 12:00pm to 1:11pm, Licensing Program Analyst (LPA) Darlene Chavez conducted an unannounced 24-hour complaint investigation visit to the facility. LPA Chavez met with Diana Barnhill, Licensee/Administrator, and explained the purpose of the visit. The LPA interviewed the Licensee/Administrator, observed Resident #1 (R1) and requested documents pertinent to the investigation. The LPA determined further investigation was needed and informed the Licensee/Administrator the Investigations Branch (IB) Investigator Maria Barragan would continue the investigation. On 01/24/2023, from approximately 11:07am to 1:22pm, Investigator Barragan and Atascadero Police Department Detective Craig Martineau conducted interviews with R1’s resident representative, staff, and the Licensee/Administrator; from approximately 1:47pm to 2:35pm, Investigator Barragan conducted interviews with residents and staff; on 02/02/2023, at approximately 5:18pm, with R1’s resident representative, and on 02/14/2023, from approximately 12:05pm to 1:27pm, with S1 and Staff #2 (S2). Additionally, Investigator Barragan reviewed the Atascadero Police Department Report #23-0052, and facility file documents, including the SOC341 Suspected Elder Abuse Report, related to R1. According to the Atascadero Police Report, on 01/08/2023, at approximately 10:45am, Officer Robert Hammer was dispatched to the facility due to a sexual assault report filed. The report indicated R1 had disclosed that during nighttime hours on 01/07/2023, a staff had inserted their finger into R1’s rectum. The officer conducted interviews with the Licensee/Administrator and R1. R1 was not able to identify the location where the incident occurred. R1 first said it happened in R1’s bedroom, but later thought they were “bending over” the trunk of S1’s car. R1 could not remember if S1 was wearing gloves during the incident. When asked whether R1 was clothed or unclothed, R1 said they were still wearing underwear and pants. R1 said they reported the incident to another female staff, the facility director, and R1’s sister. (It was noted that R1’s “sister” is not a sister, but R1’s resident representative.) R1 declined medical treatment and a forensic examination. R1 asked if the suspect would be prosecuted. Officer Hammer told R1 an investigation would be conducted. R1 indicated that they did not know whether they wanted the suspect to be prosecuted. Detective Martineau’s Supplemental Report, dated 02/07/2023, noted that on 02/01/2023, R1’s resident representative stated they did not wish to proceed with filing criminal charges. Detective Martineau closed the investigation based on the fact that R1’s resident representative is R1’s power of attorney (POA) and did not wish to proceed with the investigation, R1 did not want to provide further statements, and R1 said they did not know whether they wanted the suspect prosecuted. The investigation findings concluded that although R1 consistently reported that a staff inserted their finger in R1’s rectum, pulled out pubic hair and made inappropriate comments, there were also inconsistencies in R1’s statement that Detective Martineau and Investigator Barragan were unable to clarify. R1’s resident representative and power of attorney did not allow R1 to be interviewed by Detective Martineau or Investigator Barragan because R1 did not want to talk about the sexual assault anymore. R1 refused to undergo a forensic exam when it was offered by Atascadero Police Officer Hammer. R1 was unable to physically describe or identify the staff. R1 did not remember whether the incident occurred in R1’s bedroom or in the parking lot next to the staff’s vehicle. R1 told Officer Hammer that R1’s pants and underwear were on when the incident occurred. R1 has a diagnosis of Alzheimer/dementia and according to interviews with staff, shortly after reporting this allegation R1 began hallucinating and making inappropriate sexual comments towards them. Staff and residents interviewed reported no concerns regarding sexual abuse and did not provide any information to indicate S1 spoke inappropriately to R1. S1 adamantly denied the allegations and denied making rude comments towards R1. S1 has worked for the Licensee/Administrator for 15 years. S1 has never been disciplined before and there have been no prior complaints against S1. The Licensee/Administrator described S1 as a good employee that is always willing to cover extra shifts when needed. Detective Martineau closed his investigation due to R1 and R1’s resident representative did not want to proceed with filing criminal charges. Based on the information obtained during the course of the investigation, the Department does not have sufficient evidence to support the above allegations. Therefore, the above allegations “Facility staff sexually assaulted resident in care” and “Facility staff spoke inappropriately to resident in care” are deemed Unsubstantiated at this time. Exit interview conducted and the report given to the licensee.