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32 | 2. Staff stated they didn't verbally abuse the residents. There were no direct witnesses to confirm or deny the incident occurred. A witness stated they heard S1 yelling at the resident. Recordings were submitted to LPA. LPA cannot determine if the staff person was yelling at the resident or attempting to explain what was occurring to the witness and had to talk loudly to be heard. Staff stated they don't yell at the resident and were the ones getting yelled at. Other residents interviewed stated the staff do not yell at them and they haven't heard any of the staff yelling at anyone else. Because each side has their version of events LPA cannot prove or disprove the allegation.
3. Resident told a staff person they didn't want what was being prepared for lunch and wanted something else. Resident stated they didn't what they asked for. Staff person stated the resident initially wanted one thing that had to be cooked in the oven and then stated later the resident wanted something else at the same time. Staff person stated the resident had to chose one or the other because one of the items was going to take awhile to cook. Staff stated they would make the second choice for lunch and then the other for dinner since it was going to take awhile to make. Resident stated they didn't get anything. Staff stated the resident was given the second request for lunch. There were no direct witnesses in the room to confirm or deny the incident occurred.
Because there is not enough evidence the incidents occur or did not occur, the allegation cannot be proved or disproved.
Based on interviews conducted by the Department and records review, the preponderance of evidence standards has not been met. Therefore, the above allegation is found to be UNSUBSTANTIATED. A finding that a complaint allegation is unsubstantiated means that although the allegation may have happened or is valid, there is not a preponderance of the evidence to prove that the alleged violation occurred.
Caregiver stated she was uncomfortable to sign report and declined to sign. |