Failure to Report Alleged Sexual Abuse to Law Enforcement
Penalty
Summary
The facility failed to report allegations of sexual abuse involving two residents to law enforcement, as required by both facility policy and state guidelines. One resident, who had intact cognition and required assistance with care, reported to a therapist that two male staff members engaged in inappropriate touching and made sexually suggestive comments during nighttime care. This allegation was communicated to the Director of Rehabilitation, who then informed the Administrator. In a separate incident, another resident with impaired cognition and in need of care assistance reported to a physical therapist that a staff member was sexually inappropriate during a bathroom visit. This allegation was also reported to the Administrator. Despite being made aware of both allegations, the Administrator did not report either incident to law enforcement. Interviews with facility staff, including the Director of Nursing Services, confirmed that the facility's policy and the referenced guidelines required immediate reporting of such allegations to law enforcement. The failure to report these incidents constituted a breach of the facility's abuse reporting policy and placed the residents at risk for further harm.