Failure to Timely Address Resident’s Reported Theft and Property Loss
Penalty
Summary
The facility failed to protect a resident from misappropriation of personal property and did not replace the misappropriated item in a reasonable time frame, resulting in psychosocial harm. The resident reported that a pair of ear buds, which were kept in a specific place in the resident’s room, went missing after the room was deep cleaned, during which a CNA assisted in placing the resident’s belongings on the bedside table. Later that evening, when the resident attempted to use the ear buds, they were no longer there. The resident used the tracking function on a cellular phone and identified the location of the missing ear buds at an address approximately 30 miles away, which the resident associated with a mother and daughter who were both CNAs employed at the facility. The facility’s abuse prevention policy affirms residents’ rights to be free from misappropriation of property and to be kept informed of investigation conclusions. The resident reported the theft to the Administrator and expressed a desire to press charges. The resident stated that no police officer spoke with the resident that night and that the Administrator later told the resident that no charges were being pressed. The resident also reported having to purchase replacement ear buds with personal funds while waiting for the facility to replace them, and later requested reimbursement. The resident stated feeling upset and angry that someone could steal from the resident and other residents in what the resident considers home, and reiterated the desire to press charges more than two months after the incident. The survey findings concluded that the facility failed to replace the misappropriated goods in a reasonable time frame and failed to report the incident to the police as the resident requested, resulting in psychosocial harm to the resident.
