Failure to Timely Report Alleged Sexual Abuse to Authorities
Penalty
Summary
The facility failed to timely report an allegation of staff-to-resident sexual abuse to law enforcement and the State Agency as required by policy. A resident with a history of traumatic sexual abuse and intact cognition reported that a nursing assistant had inappropriately touched him during a bath, causing embarrassment. The incident was reported to the DON and ADON, who became aware of the allegation but did not report it to the appropriate authorities within the required timeframe. The DON conducted an internal investigation but withheld reporting due to the resident's history of making false accusations and questioning his own perception of the event. Multiple staff, including an LPN and the social service designee, were aware of the allegation and discussed it during a morning meeting. Despite the facility's policy requiring immediate reporting of all alleged violations, the administrator and DON chose not to report the incident to the State Agency or law enforcement, citing the resident's history of manipulation and falsehoods. The facility's policy specifically mandates reporting all allegations of abuse within two hours if the event involves abuse or results in serious bodily injury, but this protocol was not followed in this case.