Failure to Report Suspected Resident Abuse to Law Enforcement
Penalty
Summary
The facility failed to develop and implement adequate policies and procedures to ensure the timely reporting of suspected abuse, neglect, or theft, specifically in relation to the reporting of a reasonable suspicion of a crime as required by section 1150B of the Act. On the date of the incident, two residents were physically assaulted by a family member in the dining room. The family member aggressively grabbed one resident, pulled them in, and struck them in the mid-section with a closed fist. The same family member also slapped another resident on the hand, grabbed their other hand, and pulled their wheelchair toward them as the resident attempted to move away. Staff witnessed these events and removed the residents from the vicinity of the family member. Despite the facility's Abuse Prevention and Response policy stating that police should be contacted if there is a suspected crime against a resident, the policy did not provide examples of reportable crimes or indicate consultation with local law enforcement regarding reporting requirements. The facility did not notify local law enforcement of the incidents, and the Nursing Home Administrator confirmed that there had been no formal discussion with law enforcement to clarify what should be reported. The decision not to report was influenced by the residents' power of attorney declining to proceed with charges, and the administrator's belief that the abuse did not warrant police notification.