Failure to Report Resident Sexual Abuse Allegation to State Agency
Penalty
Summary
Facility staff failed to report an allegation of sexual abuse involving a resident with metabolic encephalopathy and schizophrenia, who had moderately impaired cognition and required substantial assistance with activities of daily living. The resident accused another resident of rape in the presence of staff and other residents. A CNA witnessed the incident and provided a written report to an RN but omitted the rape allegation, assuming the RN would report it. The RN overheard the allegation and reported it to the DON. Despite being informed, the DON did not include the sexual abuse allegation when reporting the incident to the California Department of Public Health (CDPH). The Administrator was unaware of the allegation and stated that, had he known, he would have reported it as required by mandated reporter regulations. The facility's policy indicated that suspected abuse should be reported to the State Agency, but this was not followed, resulting in the failure to timely notify CDPH of the allegation.