Failure to Timely Report Allegation of Sexual Abuse
Penalty
Summary
The facility failed to report an allegation of sexual abuse made by a resident to the California Department of Public Health (CDPH) within the required two-hour timeframe. The resident, who had diagnoses including dementia and protein-calorie malnutrition and was documented as lacking capacity to make decisions, made specific and consistent statements alleging prior sexual assault. These allegations were documented in the resident's records and discussed among nursing staff, including a Licensed Vocational Nurse (LVN), a Registered Nurse (RN), and the Director of Nursing (DON). Despite the facility's policy requiring immediate reporting of any suspected abuse, the staff determined that the resident's statements were behavioral in nature due to her history of confusion and did not report the incident to CDPH. Interviews with the DON, LVN, and RN confirmed that the incident was not reported as an allegation of abuse, even though all acknowledged that protocol required reporting any such allegations within two hours. Documentation showed that the resident had previously made similar allegations, but staff did not consider these as reportable events. The facility's failure to report the allegation as required by policy and regulation resulted in a deficiency related to timely reporting of suspected abuse.