Failure to Follow Abuse Policy for Staff Screening and Timely Reporting of Resident-to-Resident Sexual Incident
Penalty
Summary
The facility failed to follow its Abuse, Neglect and Exploitation policy regarding pre-employment screening for multiple staff. The policy, revised 11/1/25, required that potential employees, contracted staff, students, volunteers, and consultants be screened for a history of abuse, neglect, exploitation, or misappropriation of resident property through background, reference, and credential checks, with documentation maintained as proof. Review of employee files on 1/6/26 with the Assistant DON showed that one CNA hired on 3/4/24 had no Maine background check completed by the facility prior to hire; the only background check present was from a staffing agency dated more than a year before hire. Two CNAs hired on 10/9/24 had Maine background checks completed 21 days after their hire dates, rather than before they began working. A therapist hired on 10/28/25 had no evidence in the file that references were checked, contrary to the facility’s policy requirements. The facility also failed to implement its Abuse, Neglect and Exploitation policy regarding timely reporting of an allegation of resident-to-resident inappropriate sexual contact. A nurse’s note dated 1/3/26 documented that a resident had been touched in a sexually inappropriate manner by a male resident; both residents involved were wheelchair-bound. Another nurse’s note dated 1/5/26 indicated that the affected resident’s guardian was notified of the incident. In an interview on 1/8/26, the DON confirmed that the incident occurred on 1/3/26, but she was not informed until 1/5/26, at which time she notified the state agencies (Licensing and Certification and Adult Protective Services). The DON acknowledged that the state agencies were not notified in a timely manner, as required by the facility’s abuse, neglect, and exploitation policy.
