Failure to Remove Alleged Perpetrator During Abuse Investigation
Penalty
Summary
The facility failed to prevent further potential abuse during the investigation of an allegation of sexual abuse when the alleged perpetrator, an LPN, was allowed to continue working on the same unit while the investigation was ongoing. The incident involved a resident with severe cognitive impairment who was reported by another resident to have been touched on the chest by the LPN while being awakened for medication. The reporting resident did not witness the event but relayed the alleged victim's statement. The administrator was informed of the allegation and contacted the LPN and the resident's family, but did not immediately report the incident to the state agency and did not suspend the LPN during the investigation. The LPN continued to work multiple shifts on the same unit after the allegation was made, potentially affecting 36 residents residing on the unit. The facility's policy required immediate action to protect residents from further harm during investigations, including staffing or room changes if necessary. However, the LPN remained on duty while the investigation and resident assessments were still in progress. The administrator confirmed that interviews with alert and oriented residents were conducted and that skin assessments for cognitively impaired residents were ongoing at the time of the survey.