Complaint Investigation Report

Interviews with staff revealed that due to the nature of the relationship and the behaviors of the residents, staff are to check on the residents every two (2) hours. R1 and R2 at the time of the allegation were in a consensual and committed relationship. S1 stated that the alleged incident required staff to intervene and separate R1 and R2 due to a verbal altercation. LPA notes that the alleged physical altercation in this instance was R2 allegedly hitting R1 on the shoulder in a light manner. S1 stated that both residents are able to leave the facility unassisted and they have returned to the facility in an inebriated state multiple times. S1 states that they try to remind both residents about making good choices and alert staff to check on these residents when they return from outings.

Interviews with residents revealed that the facility checks on R1 several times a day. R1 stated that facility staff are nice to them and they have no concerns about the facility's ability to take care of them. This corroborates staff interviews about facility staff checking on residents. R1 insisted to the LPA that they were not hurt by R2 "hitting them on the shoulder" nor that the incident in question was considered a physical altercation. R1 expressed that this was R2's way of getting R1's attention and that there was no malice in the action.

Records review of both R1 and R2 state in their needs and services that they will be checked at the beginning of every shift and as needed. Physician's reports for both R1 and R2 demonstrate the ability for both residents to leave the facility independently.

Based on interviews and records review, a preponderance of evidence does not exist to prove that the alleged violation occurred, therefore the allegation is UNSUBSTANTIATED. An exit interview was conducted with RSD Pam Talamantes, to whom a copy of this report and the Licensee/Appeal Rights (LIC9058 03/22) were provided.