Complaint·January 20, 2023

It was alleged that on 11/02/2022 at approximately 7:45 a.m., a physical altercation took place between S1 and R1. Multiple witnesses and video footage confirmed that on 11/02/2022, S1 attempted to grab a plate of food out of R1’s hands. Witnesses confirmed that S1 shoved R1 in an attempt to force R1 to sit down and witnesses reported that S1 slapped R1 across the face with an open hand. Video footage captured S1 and R1 shoving one another, and another staff walks into the frame to assist in de-escalating the situation. S1 grabbed the R1 by the right arm, while the other staff grabbed R1’s left arm, and walked R1 out of the dining room and towards R1’s room. Footage showed that S1’s hand was on the back of R1’s neck and their other hand was gripping R1’s forearm while walking R1 to the room. It appeared that S1 was applying pressure to R1’s neck, as R1’s body and face was tilted towards the floor as they were walking. Footage revealed that S1 pushed R1 into their room, and S1 was seen walking away from R1’s room. R1 suffered significant bruising on their right forearm from the altercation. Information obtained from interviews with S1 negated claims that S1 physically assaulted R1. S1 alleged that they were ‘blocking’ hits from R1 and claimed that they accidentally scrapped R1 on the forearm when they were walking R1 to the room. S1 did not admit to slapping R1. Interviews confirmed that this incident was not immediately reported to R1’s responsible party, with many concluding that they believed the Administrator would contact R1’s responsible party or R1’s primary care physician. It was later revealed that R1’s responsible party was notified when they were contacted by the local police department. During the initial visit conducted on 11/08/2022, three (3) local police officers arrived at the facility to speak to S1 and to review and obtain video footage. In that visit, the LPA, S1, and the three (3) officers reviewed the video footage from the 11/02/2022 incident. It was later revealed that as a result of the video footage and witness statements, S1 was arrested on 11/08/2022 and charged with elder abuse. Per the current Administrator, S1 was placed on administrative leave. Based on the information obtained from witnesses and video footage, there is sufficient evidence to support the claim that R1 was physically assaulted by S1, resulting in bruising . This allegation is deemed Substantiated at this time. Per California Code of Regulations (CCR), Title 22, Division 6, Chapter 8, the following deficiencies are cited (Refer to LIC 9099-D). Exit Interview Conducted. Failure to correct the deficiencies may result in civil penalties. A Civil Penalty in the amount of $500 was assessed during today's visit. Appeal Rights Discussed. A Copy of Report Issued.