F0600

J

Failure to Protect a Resident From Sexual Abuse by Staff

Sand Springs, Oklahoma Survey Completed on 02-13-2026

Penalty

Fine: $12,740

Summary

The deficiency involves the facility’s failure to protect a resident from sexual abuse by staff. A cognitively intact resident with a BIMS score of 15, and diagnoses including heart failure, DVT, HTN, depression, and bipolar disorder, was care planned as independent with dressing, transfers, and toileting, requiring no staff assistance for these tasks. There was no documentation indicating any prior history of the resident seeking sexual encounters with caregivers. Despite this, a CNA entered the resident’s room around the time of or after a late-night shower and remained there for an extended period, during which the resident later reported engaging in oral sex and attempted intercourse with the CNA.

The resident provided a handwritten statement describing that after taking a shower between approximately 12:30 a.m. and 1:00 a.m., the CNA came into the room, offered help with dressing, and then initiated oral sex followed by an attempt at intercourse. The resident stated they were not forced and characterized the encounter as consensual or out of curiosity. The DON and administrator both documented interviews in which the resident consistently reported having performed oral sex on the CNA in the shower and again in the room, and that they attempted intercourse. Other staff statements corroborated the CNA’s unexplained presence with the resident at that time, including one CNA who noted that the CNA was in the resident’s room for an unusually long period and could not be located elsewhere on the unit.

Additional staff and APS documentation further detailed the resident’s account that the CNA rubbed the resident’s chest area, placed the resident’s hand on the CNA’s genital area, exposed himself, and that the resident then performed oral sex, followed by an attempt at sexual intercourse while the CNA commented that the resident was “tight.” The administrator acknowledged awareness of the sexual abuse allegation and that the CNA had been providing care to the resident on a hall to which the CNA was not assigned and was unaccounted for approximately 45 minutes during the shift. The facility ultimately substantiated the allegation of sexual abuse based on the consistency of the resident’s description and the alignment of staff interviews with the reported timeline, establishing that the resident was not protected from sexual abuse by a staff member.