Complaint Investigation Report

LPA Valerio obtained photo copies of identification cards for all Kunzite staff. LPA Valerio showed identification cards to a witness. The witness pointed out the staff member who was seen slapping resident 1 (R1) on the face and hand. The witness confirmed a second time that S1 was the individual to hit R1. A statement was provided to LPA Valerio.

LPA Valerio observed interactions with staff and residents on two separate occasions. No health or safety concerns observed during the visits. LPA Valerio attempted to interview R1. Due to communication barriers, R1 did not confirm or deny anything had happen to R1 by staff. R1 did not have bruising on face or hand; however, it was observed that R1 had a bruise on R1's left arm near the distal humerus portion of the body.

LPA Valerio interviewed four staff members (S1 - S4). All staff denied any staff member violating personal rights of any residents and denied ever witnessing staff being aggressive or physical with a resident. LPA asked staff what clothes they were wearing to the park. S1 reported wearing a grey scrub shirt with cancer ribbons. S2 reported wearing a pink shirt with dark blue pants. S3 reported wearing a black and white checkered shirt. S4 was not present during the outing.

Based on the witness statement, the preponderance of evidence standard has been met, therefore the above allegations are found to be SUBSTANTIATED. California Code of Regulations (Title 22, Division 6, Chapter 8) are being cited on the attached LIC-9099D. Failure to correct the deficiency may result in civil penalties. Appeal rights were provided.

An immediate $500 penalty is being issued today. At the time of the conclusion of this complaint investigation, the issuance of a Civil Penalty was still being determined. However, the Licensee was informed that a Civil Penalty may be assessed based on Health & Safety Code section 1569.49 (1).

An exit interview was conducted, and a copy of the report was provided to Administrator Zenadia Abriam.