Failure to Timely Report Sexual Abuse Allegation
Penalty
Summary
The facility failed to ensure that an accusation of sexual abuse involving one resident was reported within the required two-hour timeframe. The incident began when a hospital social worker notified the facility's Social Service Director (SSD) that a resident had reported being sexually assaulted at the facility. Upon the resident's return, the SSD confirmed with the resident that she had been sexually abused. Despite recognizing that such an accusation constitutes abuse and that she is a mandated reporter, the SSD did not notify the facility administrator or initiate the required reporting process within two hours of receiving the allegation. The resident involved had diagnoses including dementia, depressive disorder, and a history of transient cerebral ischemic attack, and was dependent on staff for activities of daily living. Facility records indicated the resident lacked capacity to make decisions. The facility's policy required immediate reporting of abuse allegations, defined as within two hours, to the administrator and appropriate authorities. Both the SSD and the administrator acknowledged during interviews that the reporting process was not followed as required, and the delay in reporting could have caused the resident to feel dismissed and experience psychological harm.