Failure to Protect Residents from Sexual Abuse
Penalty
Summary
The facility failed to ensure that two residents were free from sexual abuse, resulting in a deficiency related to resident rights and protection from abuse. One male resident, who was cognitively intact and had diagnoses including mood disorder, dementia, and anxiety disorder, entered the room of a female resident and inappropriately touched her breast and genital area. The female resident, who was moderately cognitively impaired with diagnoses including spina bifida, anxiety disorder, and diabetes, reported the incident to staff. The incident was not witnessed, and the resident stated she told the staff the next day. The male resident denied the allegations at the time, and there was no prior documented history of sexual behaviors for him in the facility before this incident. A second female resident, who had a history of stroke, aphasia, anxiety disorder, and diabetes, reported to staff that the same male resident had touched her breast without consent on an unidentified date. This resident was also moderately cognitively impaired and had difficulty communicating due to her medical condition. The incident was reported after the resident became withdrawn and stopped participating in activities, which was noticed by the activity director. Upon questioning, the resident indicated she had been touched inappropriately. The male resident was already under increased monitoring at the time this second allegation was reported. Both incidents were categorized as abuse, and assessments conducted by nursing staff found no physical injuries to either female resident. The facility's records indicate that staff were able to identify abuse reporting procedures and immediate intervention steps, but the deficiency occurred due to the failure to prevent the male resident from accessing and inappropriately touching the female residents. The male resident later admitted to inappropriate behaviors during a behavioral hospital stay, but continued to deny the allegations to facility staff. There was no documentation of prior sexual behavior history for the male resident before these incidents.