Complaint Investigation Report

By the time S1 went out into the dining area, R1 was punching R2 in the face. S1 took photographs of each residents’ injuries and provided them to LPA Moleski. R2 was bleeding near the eye, and R1 appeared bruised and was red in the eye.

R3 witnessed the altercation that took place on January 3. R3 said that R2 was “harassing” R1, and reached a hand near R1, which annoyed R1. R3 said the two started fighting, and described both throwing punches. R3 said no staff members were present during the fight.

S1 said that police were called after the incident. Officers asked S1 to keep the residents separated.

S1 said that a second altercation took place on January 16. On this date, S1 returned from feeding another resident in their room to find R1 with redness in the eye. S1 said that R2 told S1 that R2 had hit R1 because R1 was making noises.

R3 witnessed the incident on January 16 as well, and said that R2 had finished breakfast, then returned to the dining area to either kick R1’s wheelchair and/or punch R1, and told R1 to “shut the hell up,” or something to that effect, because R1 was making noises.

LPA Moleski did not receive incident reports regarding either of these altercations. This deficiency will be addressed on a separate case management visit.

LPA Moleski reviewed R1’s and R2’s files. R2’s LIC 602 indicated that R2 is able to follow instructions and is able to communicate needs. R1’s LIC 602 indicated that R1 is “easily reoriented” and able to follow instructions.

The department has determined the following as it relates to the allegation that staff did not provide a safe environment for a resident in care resulting in a resident hitting another resident in care:

Based on interviews and record review, the above allegation is SUBSTANTIATED. A finding that the complaint allegation is substantiated means that the allegation is valid because the preponderance of evidence standard has been met. This facility is hereby cited per 22 CCR Section 87468.1(a)(2). An exit interview was held with Nonu. Appeal rights and a copy of this report were left with Dowe-Rose.