Failure to Respect Resident's Right to Personal Property
Penalty
Summary
Facility staff failed to respect a resident's right to personal property when they confiscated the resident's phone following an accusation of viewing illegal pornography. The incident began when staff observed the resident using their phone and contacted the police, who reportedly instructed staff to take the phone and not return it. The phone was subsequently locked in the Resident Care Manager's office, and the resident, who was documented as cognitively intact, expressed a desire to have the phone returned. Multiple staff interviews confirmed that the phone remained locked away, and there was no formal investigation conducted after the incident. The resident was provided access to a cordless phone for calls and received assistance from staff and a friend to access the internet or obtain a phone without internet capabilities. Some staff were unaware that the resident's phone had not been returned, and facility leadership acknowledged the resident's right to possess their phone.