Complaint Investigation Report

The investigation revealed of the following: Allegation “Staff physically assaulted resident which resulted in bruises.” It is alleged that on 8/24/2023, C1 pulled down their shirt and showed their day program staff two bruises on their chest and stated that S1 hit them at their home facility. According to the interviews with staff and clients, four out of six clients did not witness the incident. One client reported hearing some commotion in the background on the day of the alleged incident, however, did not see what happened between C1 and S1. No other staff witnessed the incident. During interview, S1 denied physically assaulting C1 and reported that on the day of the incident, C1 refused to pick up their clothes from the floor after being asked by S1 to do so. S1 indicated that C1 suddenly stood up in front of him and charged at him aggressively with their fist clenched. In alleged self-defense, S1 used both hands to push C1’s chest to force him onto his bed to prevent being attacked. C1 landed in the sitting position on their bed and the incident did not escalate into anything else. Law Enforcement was contacted and a police report was filed. Per information and documentation obtained, C1 does not have a history of aggression.

Based on LPAs observations, interviews conducted, and records reviewed, the preponderance of evidence standard has been met, therefore the above allegation is found to be Substantiated . California Code of Regulations, Title 22, Division 6 and Chapter 1 is being cited on the attached LIC 9099D.

***An immediate Civil Penalty of $500.00 is being issued today, due to staff physically assaulted resident which resulted in bruises. Refer to LIC 421IM***

At this time an Enhanced Civil Penalty (ECP) determination is pending in reference to Health and Safety Code 1548(f)(1)(A) and may be assessed at a later date.

Exit interview conducted with Staff. A copy of the report and appeal right was provided.