Failure to Timely Report Misappropriation of Resident Property to Law Enforcement
Penalty
Summary
The deficiency involves the facility’s failure to timely report to local law enforcement the misappropriation of a resident’s personal property. On the evening of 11/6/2025, a resident discovered that their ear buds, which were normally kept in a specific place in their room, were missing after the room had been deep cleaned and a CNA assisted with placing personal belongings on the bedside table. Around 9:00 PM, when the resident attempted to use the ear buds, they realized they were gone and used the tracking function on their cell phone, which showed the ear buds at an address approximately 30 miles away. The resident asked a CNA on shift for her address, and the CNA stated she lived with her mother, who was also a CNA at the facility, and confirmed that the address matched the location where the ear buds were pinged. The resident reported the theft to staff that night. The facility reported the misappropriation of goods to the state agency, and the facility’s incident report documented that the CNA was terminated, local police were notified, and the ear buds would be replaced. However, during a later interview, the resident stated they did not speak to a police officer that night and still wished to press charges, but reported being told by the Administrator that no charges were being pressed. The Administrator stated they called the local police department around 9:30 PM on 11/6/2025 but could not recall whom they spoke with. Subsequently, the local sheriff’s office reported there was no call log, dispatch, or report from the facility on or around that date. The facility’s Abuse Prevention Policy affirms residents’ rights to be free from misappropriation of property and states that residents will be kept informed of investigation conclusions, but the record and interviews show that the facility did not timely or effectively report the misappropriation to law enforcement as required.
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