Failure to Report Alleged Sexual Abuse to Law Enforcement
Penalty
Summary
The facility failed to report a reasonable suspicion of a crime, specifically an allegation of sexual abuse, to law enforcement as required by regulation and facility policy. A resident with significant vulnerabilities, including hemiplegia, cognitive impairment, and a history of trauma, reported being inappropriately touched by another resident. The incident was documented by the social services director and reported to the state agency, and the resident's provider and guardian were notified. However, there was no documentation or evidence that law enforcement was notified of the allegation. Interviews with facility staff, including the administrator and social services director, confirmed that the incident was not reported to law enforcement. The administrator stated that the decision not to report was based on the resident's refusal to involve the police, despite the facility's policy requiring the reporting of suspected crimes such as sexual abuse. Facility records, including incident reports and progress notes, consistently lacked any indication that law enforcement had been contacted regarding the allegation.