Complaint Investigation Report

Allegation: Facility staff choked and pushed a client in care. It is alleged that a staff put hands on or around the shoulder/neck area of C1 and pushed C1 with open palms.

LPA interviewed two (2) clients (C#1-C#2) and five (5) staff (S#1- S#5) LPA was unable to interview S#6 after 3 attempts and text message. Four (4) of five (5) staff stated they did not witness the incident

The investigation revealed that according to S3 who witness the incident, on 02/02/2024 at or around 3:40 PM, C1 was asking who was the lead and S2 responded by saying "I am the lead". C1 kept repeating, who is the lead over and over and S3 answered I am again and over again. According to S3, who reported witnessing the incident, C1 was agitated and wanted to get a reaction from S2, because that is how C1 is. According to S3, C1 wanted to get access to the laundry room where medications are kept under lock and key. It is reported by S3 that C1 then rushed S2 and it was it this time that S2 reacted and put S2 hands around C1 shoulder/neck area and pushed C1 away. S3 stated that S2 did not have ill intent and just reacted impulsively. S3 reported S3 got in between S2 and C1 and told C1 to stop. S3 stated S3 tried calling administrator two (2) times that day and there was no answer so S3 waited till the following Monday to report the incident. The Regional Center conducted it own investigation and substantiated the allegation. S2 denied the allegation altogether and stated that C1 has behavior issues and at one time broke S1 hand. C1 corroborated the allegation of abuse and C2 did not have any recollection of incident. C1 stated C1 did not have any visible marks or injuries and did not want go to the hospital on this day. C1 did request to go to the police station to file a report for the incident. The police did not follow up.

Based on LPA observation, interviews and file review, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulation, Title 22 are being cited on the attached LIC9099D.

Exit interview conducted with Administrator Jasmin Smith and a copy of this record and appeal rights provided.