Complaint Investigation Report

On 11/26/2024, Licensing Program Analyst (LPA) Brian Phillips conducted an unannounced initial complaint investigation visit to the facility above. During this visit, LPA conducted observations of the restroom areas of the facility as in the allegations to this complaint pictures of clients were allegedly taken in the facility restroom. LPA took pictures of the facility restrooms to see if the areas were like the locations in the allegation pictures. LPA took multiple pictures from different angles in both restrooms in the facility. The image/video in the allegation of clients took place in a restroom. This can be observed through the client standing in front of a shower, next to a toilet and sink area. LPA observed that the image/video from the complaint allegation appeared to be taken in the restroom of the facility located in the front hallway next to the main dining room and living room area of the facility. LPA observed that the shower curtain in the facility restroom matched the shower curtain shown behind the client in the image/video, and that the facility restroom had the same color walls, floors, and positioning of shower, toilet, and sink. LPA also observed that the specific shape of the tile cut around the toilet in the facility restroom matched the image/video of the client exactly. LPA did not observe any video or audio evidence within the images/videos that indicated they were being taken for medical reasons including the documenting of an injury to the resident or physical concern. There was nothing in the images/videos to indicate they were taken for an appropriate reason within the facility. LPA requested and received pertinent documentation for record review from the facility including signed and dated Client Consent to be Photographed documents for each client. These consent forms state that the client consents to be photographed by the facility and employees. While in care at the facility, the clients authorize that the photographs/audio recordings made as a result of the consent will be used only by employees for education, training, research, public relations, and/or fundraising. The photo/video in the complaint is of a client not fully clothed standing in the facility restroom. There is no evidence that the photo/video was used for any of the purposes listed in the consent forms. The photo/video was also being possessed by RP who indicated that the photo/video was shared/distributed among staff members. LPA was told by Staff that they believed multiple complaints, and several allegations are being reported to the Licensing Agency due to internal divisions/grudges between certain Staff members at the facility and previous divisions between staff, relatives of staff, and significant others of staff at various facilities run by the Licensee. Staff interviewed by LPA also stated that they would have no reason to take a photo/video of any client unless there were some physical injury or for a body check reason including visible marks. Staff also stated that they would not take photos/videos unless there was something out of the ordinary physically on each client. Body checks do occur during bathing in the restroom, but photos/videos are not usually taken. Based on the information gathered, there is sufficient evidence to prove the alleged violation occurred. Therefore, the allegation is substantiated. Exit interview conducted. Copy of this report provided to the facility.