Complaint Investigation Report

Interviews conducted and records reviewed during the investigation reflected that C1 was transported to a local hospital by law enforcement officers who responded to a call for service at the facility. Evidence also confirmed that during transport of C1, physical interactions between C1 and a responding officer occurred. Evidence clearly indicates that during the interactions, C1 was struck in the face by one of the law enforcement officers who was transporting the client. Evidence also indicates that C1 sustained a facial injury that resulted from the interactions that occurred. However, there was no evidence obtained that provided any indication that C1 fought with any facility client or was hit in the face by any of the facility’s staff. While C1 did sustain an injury in his/her face, there was not evidence to conclude that the injury was caused by any action or inaction of the licensee or facility staff.

Based upon evidence that documents that C1 was hit in the face and sustained a visible facial injury caused by a law enforcement officer and a lack of evidence to conclude that C1’s injury resulted from a lack of supervision by facility staff, the allegation is unsubstantiated. This finding means that although the allegation may have happened or may be valid, there is not a preponderance of the evidence to prove that the alleged violation occurred.

An exit interview was conducted with Phyllis Bolton, and a copy of this report and Licensee/Appeal Rights (LIC 9058) were provided to licensee at the conclusion of the visit.