F0609

D

Failure to Timely Report Allegation of Sexual Abuse to State Agency

Modesto, California Survey Completed on 02-02-2026

Penalty

No penalty information released

Summary

The deficiency involves the facility’s failure to report an allegation of sexual abuse to the California Department of Public Health (CDPH) within the required two-hour timeframe after becoming aware of the allegation. A resident with a Brief Interview for Mental Status (BIMS) score of 9, indicating moderate cognitive impairment, reported that a male CNA attempted to have sex with him during the night, pulled down his pants, exposed himself, and tried to climb on top of him. The resident stated he pushed the CNA away, screamed for help, and that his roommate heard the incident. On a later date, the resident identified the alleged perpetrator as a specific CNA. The allegation was first brought forward when the resident showed CNA 1 a notepad with the word “rape” written on it and stated that the male CNA on the night shift was raping him.

CNA 1 reported the allegation to LN 3 the same day, and LN 3 stated she immediately notified LN 2. A progress note authored by LN 2 documented that the Administrator and DON were made aware of the allegation that afternoon. The Administrator reported being notified of the allegation that day and stated that CDPH was notified the same day, but she could not provide evidence of the exact time of notification. The DON similarly stated that CDPH was notified that day but could not provide documentation of the time. A SOC 341 form related to the allegation was received by CDPH via email the following day at 1:57 PM. The Administrator later acknowledged awareness that the alleged abuse should have been reported to CDPH within two hours and was unable to provide documentation confirming that this requirement was met, despite the facility’s Abuse Prevention Program policy requiring investigation and reporting of abuse allegations within federally required timeframes.