Complaint Investigation Report

In an interview, R2 said that there was no physical altercation or fight between R1 and R2. R2 said that R2 had told R1 to “shut the fuck up” because R1 was playing music too loudly. R2 said that R2 was taken by staff for a car ride.

In interviews, four staff members (S1-S4) who were working over the weekend of May 4 through May 5 said there was no physical altercation between R1 and R2.

S1 said that there was a quarrel between R1 and R2 because R1 was playing music loudly. S1 said that the other residents did not appreciate the loud music. S1 said R2 told R1 to “shut the fuck up.” S1 said that S1 took R2 for a car ride to redirect R2. S2 said that R2 was shouting at R1 due to the loud music, and S1 took R2 for a car ride to redirect R2. S3 said R1 and R2 often have arguments due to R1 playing loud music. S3 said that during these times, staff will redirect R2 by playing video games or by taking R2 on a car ride. S4 said that R2 was complaining about R1’s music but it did not escalate from there and R2 was redirected.

LPA Moleski reviewed R1 and R2’s files. R1’s IPP indicates that R1 has a history of lying and making false allegations about staff and peers. A behavior intervention plan for R2 indicates that attention from staff and car rides may be used to reduce behaviors including verbal threats. LPA Moleski reviewed daily notes for R1 and R2. R1’s notes for May 4 do not indicate any unusual incidents. R1’s notes for May 5 indicate that R1 got into an argument with R2. R1 called the police and staff redirected R2, according to the notes. R2’s daily notes indicate that R2 went for a car ride around 5 p.m. on May 4. R2’s notes for May 5 indicate that R2 got into a verbal disagreement with R1 around 6 p.m. but returned to their room to play video games.

The department has determined the following as it relates to the allegations that staff did not prevent a resident from injuring another resident in care and that staff did not prevent a resident from making inappropriate comments to another resident in care:

Based on interviews and record review, the above allegations are UNSUBSTANTIATED, which means that although the allegations may have happened or are valid, there is not a preponderance of the evidence to prove that the alleged violations occurred.

No deficiencies were cited regarding the above allegations. An exit interview was held and a copy of this report was left with Carpio.