Complaint Investigation Report

Furthermore, it was revealed through interviews that R1 was told on various occasions by facility staff that R1 could not stay at the facility due to the temporary unavailability of staff while all other residents were attending day program. A review of R1’s IPP and physician’s report indicates R1 can make own decisions. A review of facility established rights as noted in facility’s program design section “Residents’ Rights and Responsibilities” state: “You have the right to…Treat the facility as your home and to regard yourself as a member of a facility consisting of other residents and staff.” As a result, the preponderance of evidence standard is met, and this allegation is SUBSTANTIATED.

Allegation: Staff forces a client to attend a day program. LPA conducted interviews and record reviews as stated above. Based on interviews and record reviews conducted, it was revealed that R1 has expressed at various times a desire to remain at home in lieu of attending day program. Furthermore, it was revealed through interviews that R1 was told on various occasions by facility staff that R1 had to attend day program due to temporary unavailability of staff while all other residents were out of facility and attending day program. A review of R1’s IPP and physician’s report indicates R1 can make own decisions. A review of facility established rights as noted in facility’s program design section “Residents’ Rights and Responsibilities” state: “You have the right to…Socialize with whomever and whenever you choose.” As a result, the preponderance of evidence standard is met, and this allegation is SUBSTANTIATED.

Allegation: Staff takes the clients to their personal residence. LPA conducted interviews and record reviews as noted above. Based on these interviews and record reviews it was revealed that on various occasions Administrator took residents to a private residence for activities which included watching movies. Additionally, it was revealed through interviews that residents were at a private residence for excessive hours. It was further revealed through record review and interviews that although staff were present during the times residents were at a private residence, This private residence is not included in facility’s program design or approved by regional center as a chosen venue for activities or other care and supervision needs at any time or for any reason, which resulted in a potential hazardous environment for residents in care. The preponderance of evidence standard is met, and this allegation is SUBSTANTIATED.

Citations are issued under Title 22, Division 6 and noted on LIC 9099D. An exit interview was conducted with Administrator and a copy of this report was provided to Administrator. Appeal rights and LIC 811 provided.