Complaint Investigation Report

Regarding the allegation "Staff physically abused resident": Interviews were conducted and facility documentation was reviewed as well as surveillance footage from R1’s ADP. LPA Colvin confirmed that on October 29, 2019 S1 caused R1 to fall to the ground by grabbing and swinging R1 to the side in order to gain physical control of R1. It was additionally confirmed that after R1 fell to the ground, S1 proceeded to grab R1 by the shirt collar and drag R1 across the ground. Based on interviews and review of surveillance footage, the allegation of "Staff physically abused resident" is SUBSTANTIATED.

Regarding the allegation "Staff physically restrained resident": Interviews were conducted and facility documentation was reviewed as well as surveillance footage from R1’s ADP. During the investigation it was confirmed that S1 used bodily force to restrain R1 on October 29, 2019 while picking R1 up from R1's ADP. S1 utilized means of restraint on R1 on more than one occasion by pulling R1's arms behind R1's back and securing them in a lock with S1's arms/hands. Additionally, during the incident between S1 and R1, S1 manages to get R1 onto the ground and uses their legs to hold R1 onto the ground. The evidence does not show that R1 was in danger of hurting himself or others and therefore did not need to be physically restrained by S1. Therefore, based on interviews and review of surveillance footage, the allegation of "Staff physically restrained resident" is SUBSTANTIATED.

A finding that the complaint is SUBSTANTIATED means that the allegations are valid because the preponderance of the evidence standard has been met.

Due to observations made by LPA Colvin, the facility was cited, and deficiencies noted on LIC 9099Ds. An exit interview was conducted where this report and appeal rights were discussed. A copy of all reports, forms, and appeal rights were provided to Assistant Administrator Candice Dubief during the exit interview.