Complaint Investigation Report

**This report supersedes report dated 7/25/24. The purpose of the visit is to make corrections to the report for the deficiency cited on Section 80078(a). All other findings remain the same**

In regards to the allegation "Staff inappropriately touched resident in care." it was alleged that a Staff #1 (S1) had inappropriately touched clients in care From IB's investigation, (4) of (4) Staff interviewed denied the allegation. (2) of (2) Clients interviewed corroborated the allegation. The department was first notified of the incident from a self report received on 1/21/24 where C1 reported to staff , after informing C2, that S1 had inappropriately touched C1 at the facility. The department then received another incident report on 1/26/24 where C2 reported that S1 had also inappropriately touched them in the facility between the dates of 1/10/24-1/14/24. S1's last day working at the facility was on 1/14/24. Interviews conducted by the investigator show that on 1/14/24 C1 was out in the facilities back patio along with S1. When C1 made their way back into the building, S1 placed their hand on C1's buttocks in a palm up cupped position. Interview with C1 stated that they expressed to S1 to not do that two times. S1 denied any knowledge of inappropriately touching clients as they stated to often be drunk. Investigator was able to review facility camera footage to corroborate that the incident occurred and observed S1 placing their hand on C1's buttocks. The camera footage reviewed corroborated the details provided from client interviews and shows there is sufficient evidence to substantiate the allegation. Based on interviews conducted, files reviewed, and observation the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED.

In regards to the allegation "Staff was under the influence of alcohol while caring and supervising residents." it was alleged that S1 worked while intoxicated on 1/14/24 and was neglectful in their care and supervision of clients. (2) of (4) Staff interviewed denied the allegation while the other (2) corroborated the allegation. (2) of (2) Clients interviewed could not corroborate the allegation. Interviews and files reviewed show that S1 and S2 were on shift in the afternoon of 1/14/24 starting at 2pm. Between 2pm-3:36pm S2 informed supervising staff via phone call that S1 was not okay and was slurring. S1 was not allowed to participate in medication call that afternoon. By 5:30pm S2 updated that they do not believe S1 is okay. Notes provided also detail that S1 had made a mess in the kitchen that they did not clean up while also neglected their duties as staff leaving S2 to pick up their work. Around 8pm S3 arrived to assist and shortly afterwards, S1 was dismissed for the day after falling off a chair...