Complaint Investigation Report

On todays visit, LPA interviewed client #3(C3) - #7(C7) and Administrator via telephone, and staff #3 (S3) – Staff #6 (S6) and toured the physical with lead MedTech Brenda Quiroz and LPA observed how staff interact with facility clients. LPA requested and obtained a copy of staff schedule and client roster, including a list of any clients receiving home health services.

Regarding allegation: resident was sexually assaulted by an adult at the facility. It is alleged that a client was sexually assaulted by staff of a third-party agency who was provide 24-hour care to the client’s roommate. Interviews with 2 of 7 clients revealed that staff from a third-party agency asked C1 for sexual favors with C2 witnessed, with the promise of buying C1 gifts in exchange for the sexual favors, On a subsequent interview, C1 denied being sexually abused by staff and did not recall the third-party agency staff sexually abusing C1. Interviews with 2 of 7 clients revealed the clients are not aware of any sexual allegation made between staff and clients. Interviews with Assistant Administrator revealed that staff were not aware of staff sexually abusing client in care and revealed facility staff self-reported an incident that occurred on or around 08/18/22, where C1 and C2 reported the third-party agency staff requesting sexual favor from C1 in exchange for gifts. Interview with 5 of 7 staff revealed not having knowledge of the incident. The department attempted to interview the staff from the third-party agency, however, attempts were unsuccessful. Local Law Enforcement conducted a visit to the facility on 08/18/22 and interviewed C1 & C2 and Assistant Administrator, Estefany Lopez, based upon the police report, the investigation revealed that the third-party agency staff denied having sexual relations with C1. Therefore, there is no evidence to support that facility staff were aware of an adult, including third party agency staff, having a sexual relationship and/or sexually abusing facility clients, including C1, and the facility staff self-reported the alleged sexual abuse.

Based upon records review and interviews conducted, the findings indicate that, although the allegations may have happened or are valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur, therefore the allegations are unsubstantiated.

Exit interview conducted with Lead MedTech Brenda Quiroz Diaz in-lieu of Assistant Admin Estefany Lopez. A copy of the licensing report was provided at time of visit.