Failure to Prevent Sexual Abuse Between Residents in Dining Area
Penalty
Summary
The facility failed to protect a resident from sexual abuse when one cognitively intact male resident inappropriately touched the breast of a moderately cognitively impaired female resident. The incident occurred while both residents were seated together at a dining table without staff present in the dining room. A dietary staff member first observed the male resident stroking the female resident’s face and rubbing her hair, and then a CNA entered and directly observed him touching the female resident’s breast over her shirt. When confronted, the male resident stated he did not care if the incident was reported. Subsequent interviews and documentation showed that the male resident admitted to touching the female resident’s breast, variously explaining that he did it because he loved her, that it was what men do when they are in love, and that he wanted to see her reaction. The female resident had been admitted with unspecified dementia with mood disturbance and had a BIMS score of 11, indicating moderate cognitive impairment. During surveyor interviews, she was ambulatory but displayed a flat affect, responded only to simple questions, and was unable to consistently understand or recall the incident, stating she did not remember what had occurred. The male resident, admitted with epilepsy, anxiety disorder, and unspecified mood disorder, had a BIMS score of 15, indicating he was cognitively intact. He acknowledged being attracted to the female resident and having talked with her for a day or two before the incident, and also acknowledged being attracted to other female residents in the past, though he denied touching them. These events and conditions occurred despite the facility’s written abuse policy stating it would take appropriate steps to prevent abuse, neglect, injuries of unknown origin, and misappropriation of resident property.
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