Failure to Prevent Resident Access to Alcohol and Illicit Drugs
Penalty
Summary
The facility failed to prevent residents from accessing alcohol and illicit drugs while on the premises, resulting in at least one resident becoming intoxicated and subsequently reporting non-consensual sexual activity. One resident, with a history of substance abuse and mental health diagnoses, was found to be intoxicated and later tested positive for cocaine and marijuana. This resident reported engaging in drinking and drug use with other residents and described an incident of sexual activity that she claimed occurred while she was under the influence, leading to emotional harm and hospitalization. Multiple residents with documented histories of substance abuse and mental health disorders were identified as having access to alcohol and drugs within the facility. Progress notes and interviews revealed that residents were able to bring in contraband substances, often by concealing them on their person, as staff only checked bags and not individuals. Staff interviews confirmed that supervision was limited, and there were lapses in monitoring residents' activities, particularly during nighttime hours. Several residents admitted to drinking and using drugs together, and staff acknowledged that some residents had been found intoxicated or under the influence. Facility policies required the removal of contraband and outlined procedures for searching rooms and involving administration if contraband was suspected. However, these policies were not effectively implemented, as evidenced by repeated incidents of residents accessing and consuming alcohol and drugs. The lack of adequate supervision and enforcement of contraband policies directly contributed to the incidents of intoxication and associated harm among residents.