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32 | 9099C-1.. Staff did not prevent resident from being sexually assaulted.
Complaint alleges that (R1) was sexually assaulted on 4/15/23 by another resident (R2) and that resident (R2) was no longer allowed at the facility due to previous behaviors.
Staff interviews revealed that while doing rounds on 4/15/23, at approximately 5:00 am, (2) staff found (R2) laying naked on top of (R1) in (R1's) bed. Interviews confirmed that (R1) was observed to be wearing a diaper and a nightgown, and there was a third resident (R3) in the room sitting in a chair. Staff interviews revealed that (R3) was (R2’s) girlfriend and would walk around the facility together.
The incident report submitted to the Department states that on 4/15/23, at approximately 7:00 am, (R2) was observed without clothes laying on top of (R1), who was fully clothed, and the residents were separated and (R2) was returned back to his room. The facility incident report notes law enforcement was notified and later came to the facility to investigate and (R2) was transferred to the hospital for further evaluation and had remained there as of 4/17/23 when the report was submitted. The report notes that (R2)'s conservator contacted facility staff on 4/17/23 to advise that (R2) would not be returning to the facility due to his behavior.
Staff interviews confirmed that (R2) "was always up during the NOC shift", and would frequently try and exit to the patio courtyard as the alarms would go off and go in other resident rooms. Staff interviews revealed "(R2) always hit on different women from the start of NOC shift until breakfast time", with one staff stating, "I've seen him (R2) with other women- he was just laying there, cuddling". Staff interviews indicated that (R2) was "more physically aggressive”, would push other residents and hit them, and his behaviors were not taken seriously by the Administrator at the time, commenting (R2) was "sent out constantly but would return" and would walk around naked on a regular basis, taking (3-4) staff to get (R2) out of another resident's room.
Resident (R2) moved to community in March 2020 with a diagnosis of Dementia, and other conditions and was conserved. (R2's) care plan, dated June 2022, says (R2) needs maximum assistance in redirection due to elopement risk and wandering throughout the building, in residents’ rooms and exit seeking during the day. The care plan also notes (R2) needs maximum assistance to maintain safe and appropriate interactions and due to severe sleep disturbances caused by sun downing.
cont on 9099C-2.. |