Complaint Investigation Report

During today’s inspection, the LPA and QAS conducted interviews with the Administrator Venie Gonzales at 12:20 PM, Sam Gonzales, Administrator of the licensee's other licensed home and direct support person, at 12:49 PM and Staff # (S2) 1:29 PM.

Interviews and record review revealed on 08/02/2021, R1 was on the floor in the living room after attempting to walk unassisted. R1 recently had a surgery and needs assistance ambulating. S2 was the only staff in the living room with R1 and Resident #2 (R2) when R1 had fallen. S2 called S1 for assistance. W1 entered the living room area from another part of the home, after hearing R1 yell. S1 came from the other room and picked R1 off the floor and placed them back on to a seat in the living room. After doing this, S1 hit R1 on the head with an open hand which was observed by two individuals. The hit to the head reportedly made an audible sound heard from a few feet away. Law enforcement was contacted by one of the individuals and S1 was cited by the police officer on 08/02/2021. No physical injuries were observed on R1. S1 was placed on administrative leave after the incident and continues to remain on leave.

During the interview with S1 they admitted to tapping R1 on the head after picking R1 up off the floor. S1 stated they did so because they were worried and concerned that R1 may have hurt them self when they tried to get up and did not mean to cause harm to R1. S1 stated they have been R1’s caregiver for 13 years.

Based on the information, there is sufficient evidence to support the allegation of staff hit resident. Therefore, the allegation is substantiated. Pursuant to Title 22 Division 6 Chapter 8 of the CA Code of Regulations, the following deficiency was cited (refer to LIC 809-D). Exit interview conducted and report reviewed with Venie Gonzales. A copy of the report and appeals rights will be emailed.