Failure to Protect Resident from Sexual Abuse by Another Resident
Penalty
Summary
The facility failed to protect a resident's right to be free from sexual abuse by another resident. On the early morning of 2/20/2025, a CNA observed one resident with his hand underneath another resident's blouse, rubbing her breasts in the day room. The CNA immediately separated the residents and notified the nurse. The resident who was touched was assessed and found to have no injuries. Interviews and documentation confirmed that the incident occurred, with the resident who was touched indicating she was touched, while the other resident denied the action, claiming he was trying to cover her. The Director of Nursing confirmed that the investigation substantiated the abuse. Both residents involved were moderately cognitively impaired, as indicated by their BIMS scores of 11. The resident who committed the act had a history of inappropriately touching staff but had not previously touched another resident. The incident was witnessed by staff, and the facility's own policy states that residents have the right to be free from abuse, neglect, and corporal punishment. The failure to prevent this incident constituted a violation of the facility's abuse prevention policy.