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32 | The investigation revealed the following:
Allegation: Resident was touched inappropriately by another resident due to staff neglect
It is alleged that R1 was touched on their breast by R2 and staff did not prevent this from happening. LPA attempted interview with R1, however, R1 refused to be interviewed after multiple attempts. LPA interviewed R2 and it was explained that there was no inappropriate touching, R2 stated they did visit R2 frequently due to R2’s health decline and they just would visit to keep R1 company every so often since they were in bed and not able to participate in activities. R1 stated that they gave a hug to R2 and gave R2 a kiss on the cheek goodbye at the end of a visit, which was normal interaction for both residents, but nothing was ever forced or done in an inappropriate manner. LPA interviewed 10 residents and each denied the allegation and stated they have never been touched inappropriately by any resident or staff and feel safe at the facility. LPA interviewed 2 staff and both denied the allegation and stated that this was brought to their attention by R1 psychiatrist and the facility cross reported to ombudsman, police and licensing after this information was obtained. Facility conducted an investigation as well as the local police department and both residents denied any inappropriate touching, R1 told stated that they were not touched, however, there was a consensual kiss shared with R2. S1 and S2 stated since this incident the care plan for R1 has been updated and both residents have been informed that it would be best for there to no longer be any in room visits to avoid these incidents from reoccurring, and families were contacted, made aware and agree to this plan as well.
Based on statements and interviews conducted with staff/residents, there was not enough supportive evidence to concur with the reported allegation. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur, therefore the allegation is UNSUBSTANTIATED. Exit interview held, and a copy of this report was provided. |