Failure to Report Alleged Sexual Abuse to Authorities
Penalty
Summary
The facility failed to report an allegation of sexual abuse involving one resident to the California Department of Public Health, the Ombudsman, and local law enforcement as required by its own policy and procedure. The resident, who had a history of fluctuating mental status and was cognitively intact at the time of assessment, made allegations of sexual abuse upon readmission to the facility. The resident's family member reported these allegations to the Director of Nursing (DON) and requested to be kept informed of any further abuse allegations. Despite this, the DON stated there were no known allegations of sexual abuse or inappropriate behavior by the resident, attributing any such reports to fabrication. The Administrator also indicated that the resident's abuse allegations were part of their past history. A review of the facility's policy confirmed that all abuse allegations must be reported to the appropriate authorities immediately or within 24 hours, depending on the severity, but this protocol was not followed in this case.