Failure to Report Suspected Crime Involving Resident
Penalty
Summary
A resident with severe cognitive impairment, a history of Alzheimer's disease, alcohol abuse, and prior drug overdose was admitted to the facility and identified as being at risk for abuse and neglect. The resident had a documented history of criminal behavior and was allowed routine leaves of absence with family. On one occasion, after returning from a home visit, the resident was found in possession of a white, powdery substance suspected by staff to be drugs. The substance was taken by the former DON, who disposed of it by flushing it down the toilet. Multiple staff members observed or were informed about the incident, but no one contacted law enforcement, despite the facility's abuse prevention policy requiring notification of local authorities within 24 hours of reasonable suspicion of a crime. Interviews with staff and administration revealed that the incident was not reported to law enforcement because the former DON did not believe the substance was a drug and did not follow the usual reporting protocol, partly due to it being her last day at the facility. The administrator was informed of the incident but also did not contact the police, instead reporting the matter internally. The facility's policy was not followed, and the event was not documented as required, resulting in a failure to report a reasonable suspicion of a crime involving a resident.