Failure to Report Alleged Sexual Abuse
Penalty
Summary
The facility failed to identify and report an allegation of sexual abuse involving a female resident with multiple medical and psychiatric diagnoses, including end stage renal disease, depression, and bipolar disorder. The resident reported that another resident touched her inappropriately while she was in her wheelchair in the hallway. She stated that she informed staff and the police, and provided a police report number to an activity assistant. However, the activity assistant denied receiving any such report or information from the resident, and the administrator, who also serves as the abuse prevention coordinator, stated that she was unaware of the incident until informed by the surveyor. A licensed clinical social worker, who had been providing services to the resident, documented that the resident discussed the incident and a police investigation during a session. The social worker assumed that the incident had already been reported to facility staff and did not take further action to notify the administrator or other responsible parties. Facility policy requires all employees to immediately report any allegations or suspicions of abuse to the administrator or designated personnel, but this protocol was not followed, resulting in the failure to report the allegation to the appropriate authorities in a timely manner.