Failure to Conduct Employee Background Checks and Protect Resident from Verbal Abuse
Penalty
Summary
The facility failed to ensure a safe environment free from abuse by not performing required background check screenings on current employees who have direct contact with residents. This lapse in screening had the potential to affect all 79 residents in the facility. Specifically, a resident with diagnoses of Bipolar Disorder, Depression, and Anxiety experienced verbal abuse from a staff member. The resident reported that a kitchen staff member used inappropriate language, stating he was going to 'whoop' the resident's ass after the resident complained about cold food. The incident left the resident feeling fear, anger, embarrassment, and a reluctance to leave his room while the staff member was employed. The facility's investigation into the incident was inconclusive, as there were no witnesses and the resident could not recall specific details or the exact date of the event. The staff member in question was suspended immediately and later terminated for safety reasons. During the investigation, it was discovered that the facility could not locate or verify the completion of the staff member's background checks. The administrator acknowledged responsibility for ensuring background checks are completed upon hire, as required by the facility's abuse prevention policy, but was unable to confirm that this had been done for the staff member involved.