Misappropriation of Resident’s Cell Phone and Phone Account by Staff Member
Penalty
Summary
The facility failed to protect a resident from misappropriation of property when a housekeeping staff member took the resident's Android cell phone and used it without consent. The resident was an elderly female with dementia, type 2 diabetes, atrial fibrillation, and hypertension, who was documented as cognitively intact on admission with a BIMS score of 13/15 and able to make herself understood and understand others. Her care plan noted impaired cognitive function/dementia or impaired thought processes. The resident later reported that a young man with curly hair had taken her phone, and her family, who lived out of state and managed the phone account, began receiving unusual emails related to the phone and account. The Administrator stated that the resident's phone was first reported missing on 02/26/26, and initial efforts focused on searching the facility, including laundry and retracing the resident's steps, under the assumption that the phone was misplaced or mixed with linens. On 03/01/26, after the family forwarded emails from the phone service provider, the Administrator realized the phone had been stolen rather than simply missing. The emails showed that an iPhone 15 had been ordered on the resident's account to be delivered to an address that did not belong to the resident's family or the facility. Further review of the emails from the phone service provider showed that on 02/27/26, the resident's account was accessed to add a cloud service, place an iPhone 17 Pro Max in the cart, complete an order for an iPhone 15 billed to the resident's family member, and change the account password, account manager, and mailing/billing address. Subsequent emails documented additional account changes, including de-enrollment of the email receiver and cancellation of the phone order the following day. The Administrator cross-referenced the delivery address for the iPhone 15 and confirmed it matched the address of the housekeeping staff member, who had worked the day the phone went missing. A police affidavit documented that the Deputy was informed that this worker had stolen the resident's phone, changed all passwords, and purchased a new iPhone 15 on the resident's phone plan without consent.
