Failure to Timely Report Alleged Sexual Abuse to Authorities
Penalty
Summary
Facility staff failed to report an allegation of sexual abuse involving a resident to both the Department of Health and Senior Services (DHSS) and local law enforcement within the required two-hour timeframe. According to the facility's Abuse, Prevention and Prohibition policy, any staff member made aware of abuse allegations is required to report the incident to the mandated state agency and law enforcement within two hours if the allegation involves abuse or results in serious bodily injury. The incident involved a resident who was assessed as cognitively intact and had diagnoses including urinary tract infection, fractures, and multiple trauma. The resident reported to staff and family that they had been sexually abused by a male aide the previous night. The Director of Nursing (DON) documented the resident's report but did not notify DHSS or law enforcement, as required by policy. The DON stated that after speaking with the resident and family, they determined the allegation was not true and therefore did not proceed with the mandated reporting. The facility's records and the DHSS complaint database confirmed that no report was made within the required timeframe. The administrator confirmed that in their absence, the DON was responsible for reporting such allegations, but was unsure why the reporting did not occur.