Failure to Timely Report Allegations of Sexual Abuse Between Residents
Penalty
Summary
The facility failed to report two separate allegations of sexually-toned abusive behavior between cognitively impaired residents to the appropriate agencies within the required timeframe. In one incident, an LPN observed a resident put his hands up another resident's shirt sleeve and touch her breast, but did not report the incident to the Administrator at the time due to it being a weekend. The LPN waited several days before notifying the DON via text, and the DON did not inform the Administrator until the following day. In a separate incident, a CNA intervened when a resident fondled another resident's groin through his clothing and then sat on his lap and bounced up and down. The CNA notified two LPNs on the day of the incident but did not escalate the report to the DON or Administrator until the following day. The Administrator became aware of the incidents only after delays in internal reporting, and the incident was not submitted to the Indiana State Department of Health until more than 28 hours after the Administrator was informed. The facility's policy required immediate notification of such incidents to the Department of Health and law enforcement, but this protocol was not followed. The residents involved were cognitively impaired, and staff were expected to report incidents of this nature immediately, but failed to do so in both cases.