Complaint Investigation Report

S1 stated that C1 bit their finger while S1 was providing care, and while pulling away, S1's finger scratched C1's face. Attempts to contact S1 for interview were not successful.

C1 was interviewed multiple times during various investigations regarding the incident. During these interviews C1 sustained that S1 pinched their arm and punched them in the face. However, the specific number of times these actions occurred changed between the interviews. During an interview C1 claimed that S1 pinched them on the arm five (5) times and punched them. During a different interview C1 claimed that S1 pinched them and punched them ten (10) times in the face. Based on documented observations by staff and law enforcement, including photographic evidence, C1 was observed to have two quarter-sized bruises on their arm, and approximately four (4) small abrasions to the mouth. C1's injuries were inconsistent with the level of physical contact that C1 claimed.

The Law Enforcement investigation regarding the incident found that no additional staff witnessed S1 abuse or physically hurt C1, and that C1's facial injuries were inconsistent with C1's explanation that S1 punched them 10 times. The investigator indicated that while the two bruises on C1's arm could have been consistent with being pinched, they could also have been consistent with C1's skin being pinched by an object.

Records review revealed an i nternal investigation conducted by the facility, which showed that there were no witnesses to the incident. The investigation found no explanation of the bruises to C1's arm or abrasions to C1's face. No evidence was found that S1 was terminated due to proof that S1 physically abused C1. The law enforcement investigation showed that C1 was agitated while getting dressed with S1, and that there were no witnesses to the incident. Records showed that C1 engaged in behavior patterns of physical aggression with non-cooperation during transfers, which gives evidence to S1's claim that C1 bit them while care was being provided.

The evidence shows that C1 did suffer abrasions around their mouth and two quarter-sized bruises to their arm. The evidence does not show that S1 caused these injuries. The evidence does show that one of the cuts on C1's mouth could have been from S1 pulling their hand away due C1 biting them while being changed.

Based on interviews, direct LPA observations 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 Elena O'Connor, to whom a copy of this report and the Licensee/Appeal Rights (LIC9058 03/22) were provided.