Violation Details: 00185673-AP-147892

Date
7/19/2021
Report number
00185673-AP-147892
Type
Abuse: Neglect
Level
2 - Minor harm or potential for moderate harm
Allegation
Failed to protect resident from inappropriate sexual contact
Result
Substantiated
Findings
Alleged Victim (AV) relies on the facility for his/her care. Witness 3 (W3) has had approximately 19 incidents of sexually inappropriate behaviors, inappropriate touching of residents of the opposite sex, exposing him/herself and masturbating in front of other residents. On or about July 19, 2021, Witness 3 (W3) was seen with another resident walking by, staff were in the process of going to redirect W3 back to his/her hall. W3 was found with his/her hands inside the front of AV’s pants and AV had his/her hands on W3’s bottom. W3 removed his/her hands when he/she saw staff and AV appeared confused but did not say anything. Alleged Perpetrator 2 (AP2) reported to Alleged Perpetrator 3 (AP3) inappropriate behaviors by W3 toward residents who may be incapable of consenting to sexual act. Some incident reports that were written by staff were determined by AP2 and AP3 to be inaccurate reports of what was witnessed. As W3’s sexually inappropriate behaviors increased, the care plan was not updated, and no Temporary Service Plan (TSP) were completed for W3. AP2 and AP3 failed to protect AV from inappropriate sexual contact, which is neglect of care and constitutes abuse. The facility failed to protect AV from inappropriate sexual contact, which is a violation of resident rights, is neglect of care and constitutes abuse.
Sanction
RCFCP22-01294 $500.00 fine assessed