Violation Details: 00291028-AP-245484

Date
9/30/2023
Report number
00291028-AP-245484
Type
Abuse: Neglect
Level
3 - Moderate harm or potential for serious harm
Allegation
Failed to properly plan care
Result
Substantiated
Findings
Witness #1 (W1) was documented to display sexual behaviors towards opposite gender residents and staff. The Alleged Victim (AV) had kissed another resident, and it was documented that resident had touched AV on his/her behind. This interaction was considered consensual, because AV had initiated contact. The facility failed to ensure that AV had the capacity to consent. On or about September 30, 2023, W1 was sitting very close to AV with his/her hand between AV's upper thighs, AV has reported that W1 makes him/her uncomfortable. After this incident, minimal instruction was provided to staff regarding the incident. W1 continued to have contact with AV, pinning AV in their seat in the dining area, touching and hovering over AV, The facility failed to properly care plan for W1 and AV, causing AV unreasonable discomfort and a loss of personal dignity. The facility's failure is a violation of resident rights, is considered neglect of care and constitutes abuse.
Sanction
ALFCP24-00221 $563.00 fine assessed