Complaint Investigation Report

According to outside agency reports, C2 was in the dining room studying their bible when C1 approached C2 trying to apologize for something. C2 told C1 that they wanted to be left alone. C1 then punched C2 on the head which caused C2 to fall off of their chair. C2 personally requested medical attention via 911 and was transported to a local hospital for treatment. The outside source did not see blood or obvious injury to C2.

Record reviews and interviews indicate that C2 and Staff 1 (S1) were sitting in the dining room when C1 approached C2. C1 told outside sources that C1 and C2 had a tense interaction with each other earlier in the day. According to C1’s statement, C1 wanted to apologize to C2. C2 did not acknowledge C1's apology so C1 swung at C2 but did not make contact. When C1 swung, C1 said C2’s reaction was fake because they fell to the ground as if they were hit. C1 told outside sources that C1 was bipolar and taking medication. Interviews indicated S1 was present during the incident between the two clients. S1 saw C2 swing at C1 and separated the two clients.

Record reviews and interviews did not provide statements or other evidence suggesting staff failed to protect C2. Based on records and interviews, staff acknowledged the tension between the two clients and attempted to limit their exposure to each other. Staff was present at the time C1 spontaneously swung at C2 and assisted in separating the clients.

It was also alleged Staff 2 did not communicate effectively in English with clients. Attempts were made to obtain details regarding this allegation, but none were available. LPA interviewed S2 and observed them to speak effectively in English.

The Department has investigated the complaint that facility staff did not protect a client from harm and did not effectively communicate in English with clients. Based upon the information gathered during this investigation; it is determined that although the incident may have happened and is valid, there is not a preponderance of evidence to prove it occurred and is therefore UNSUBSTANTIATED.

An exit interview was conducted, and the report was reviewed with Director, Nunez-Garcia. A copy of the report and Licensee Appeal Rights was provided to Director Nunez-Garcia and her signature on this report confirms receipt of receiving the document.