Resident’s Personal Belongings Removed and Locked Away Without Consistent Access
Penalty
Summary
Facility staff removed a cognitively intact resident’s personal belongings from his room and restricted his access to them, infringing on his right to retain and use personal possessions. The resident, who had epilepsy, traumatic brain injury, intellectual disabilities, and alcoholic cirrhosis, had a BIMS score of 15, indicating intact cognition. His care plan documented a tendency to collect and store items such as perishable goods, cleaning supplies, facility linens, silverware, toilet paper, towels, and wash rags, with interventions focused on educating him, his family, and staff about safety-related limits on certain items and the need to report concerns. Nursing documentation noted that the resident had been “hoarding” belongings under his bed, that items had begun to pile up, and that he became upset and agitated when told he could not keep all of his things packed under the bed. A behavioral agreement was created and signed, listing expectations related to uncooperative behavior with care, inappropriate touching of staff, and hoarding, and referenced potential consequences such as police involvement, transfer, or discharge. However, the electronic health record did not contain orders for monitoring the behaviors identified in the behavioral agreement. The Administrator and Social Services Director reported that the resident’s room was frequently cluttered, with items on top of the wardrobe and under the bed, and that he became very upset when asked to sort through his belongings. The Administrator and Social Services Director went through his belongings while he was present, and the Administrator removed two totes, a duffle bag, shopping bags, and a box from behind the headboard, stating the items took up too much space. These belongings, which included snacks, beverages, pens, an anime drawing book, a comic, and socks, were placed in a locked conference room that only staff could access, and the resident did not have consistent access to them. The Administrator later confirmed that the resident should have been able to access his belongings stored in the conference room whenever he wanted, but that this was not occurring.
