Failure to Assess Resident for Sexual Consent After Intimate Incident
Penalty
Summary
The facility failed to ensure that a resident was properly assessed for sexual consent following an incident involving intimate contact with another resident. One resident, who was moderately cognitively impaired and admitted with chronic lung disease, was involved in an incident where another resident, who was cognitively intact and admitted with heart disease, engaged in heavy petting and placed hands inside the first resident's shirt. Staff observed the incident and separated the residents, but did not immediately assess both individuals for their ability to consent to the interaction or confirm that the interaction was consensual. Staff interviews revealed that after the initial incident, both residents were allowed to remain together in a common area without a timely assessment of their ability to consent. The charge nurse acknowledged that he did not have the opportunity to speak to each resident separately to ensure consent until after a second event occurred. Documentation and staff statements confirmed that the required assessment for sexual consent was not conducted promptly after the incident, which constituted a failure to protect residents from potential abuse or trauma.