Complaint Investigation Report

The investigation revealed the following: regarding the allegation “Facility staff spoke inappropriately to client.” It is alleged staff spoke inappropriately to a client. Three (3) out of the three (3) clients interviewed corroborated this allegation. Three (3) out of the five (5) staff interviewed corroborated this allegation. LPA Ramirez attempted to contact S6 and S7 but was unsuccessful after multiple attempts. Client interviews revealed that S6 and S7 would use profanity towards to C1-C3 on a regular basis. Interview with C1 revealed that S6 and S7 would use insults towards C1 when C1 expressed anger or said something S6 and S7 did not like. C1 revealed that S7 threated to “knock C1 out” if C1 had an expressed behavior. Interview with C3 revealed that S6 and S7 would use profanity towards C3 and C1 when S6 or S7 get upset. Interviews with staff revealed that S6 and S7 were heard using profanity and hurling insults towards clients. Interview with S4 revealed that they heard S6 and S7 speak inappropriately to C1 directly and use profanity to insult C1 and C3 regularly. Interview with S8 revealed that they were told about S6’s behavior from other staff and S6 was in the process of being reprimanded for their conduct. S8 revealed that S6 & S7 were no longer working at the facility. Interview with S5 revealed that they’ve heard S6 use profanity towards all clients but mainly C1 and C3.

Per title 22, Division 6, Chapter 1, Article 06. Continuing Requirements: 80072(a)(1)(3)- Personal Rights- (a)Except for children’s residential facilities, each client shall have personal rights which include, but are not limited to, the following: (1) To be accorded with dignity in his/her personal relationships with staff and other persons. (3) To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat, mental abuse, or other actions of a punitive nature, including but not limited to: interference with the daily living functions, including eating, sleeping, or toileting; or withholding of shelter, clothing, medication or aids to physical functioning.

Based on interviews, the preponderance of evidence standard has been met, therefore the above allegation is found to be Substantiated .

Staff#6 and 7 (S6-S7) conduct possess and immediate risk to the health, safety, or personal rights of persons in care. LPA Ramirez will issue one (1) type A deficiency . Exit interview was conducted. A copy of this report, 9099-D and appeals rights was provided.