Failure to Screen Employee with Disqualifying Criminal Background
Penalty
Summary
The facility failed to ensure compliance with state regulations and its own abuse prevention policy by employing an individual who was found guilty of a criminal offense that bars employment in direct care positions. Specifically, a CNA was hired and worked in the memory care unit despite having a recent conviction for assault causing bodily injury, a Class A misdemeanor, for which she received probation. The CNA's personnel file showed that a national background check was conducted at the time of hire, revealing the offense and disposition, but she was still allowed to work with residents. The facility's policy required screening for abuse, neglect, and exploitation, including background checks, but this process was not properly followed in this case. The CNA worked multiple shifts in the memory care unit, which had a census of 19 residents, before her employment was terminated after the new Human Resources Coordinator (HRC) discovered the background check results during a personnel file audit. Interviews with the CNA, HRC, and Interim Administrator confirmed that the CNA's background should have disqualified her from employment, and that the previous HRC had not obtained the necessary documentation or followed up appropriately. The failure to adhere to screening protocols resulted in the employment of an individual with a disqualifying criminal history in a direct care role.