Failure to Timely Report Resident's Sexual Abuse Allegation
Penalty
Summary
The facility failed to implement its policy and procedure for timely reporting of a reasonable suspicion of a crime, specifically regarding an allegation of sexual abuse made by a resident against a staff member. According to the facility's policy, all alleged violations involving abuse, neglect, exploitation, or mistreatment must be reported immediately, but no later than two hours, to the appropriate authorities, including the State licensing/certification agency. In this case, the resident alleged that a Licensed Vocational Nurse (LVN) engaged in inappropriate physical contact, including positioning her vagina on the resident's elbow and straddling and thrusting against the resident. The resident reported the incident to a Certified Nursing Assistant (CNA), who then informed the LVN of the allegation. The LVN, who was the alleged perpetrator, did not report the allegation to a supervisor, stating she did not know how to report when she was involved in the incident. The facility reported the abuse allegation to the California Department of Public Health (CDPH) Licensing & Certification Program several days after the incident occurred, as evidenced by the SOC 341 form. The resident involved had a history of moderate cognitive impairment but was assessed as having the capacity to understand and make decisions. Interviews with the resident, CNA, and LVN confirmed the sequence of events and the delay in reporting. The administrator acknowledged the findings during the survey. The failure to report the allegation in a timely manner was a direct violation of the facility's own policy and regulatory requirements.