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32 | 9099C-1...Allegation: Staff sexually assaulted resident in care. The allegation states resident (R1) was inappropriately touched by care staff (S1).
The complaint information received indicated that resident (R1) stated to her family member on 2/11/24 that staff had pushed her on her bed and "touched her"; however, the facility was not made aware of the incident until 2/23/24 when another family member spoke with the Administrator. The Administrator then notified the facility nurse who talked to the resident about the allegation. Out of precautionary measures, resident was immediately sent to the hospital to be medically evaluated; however, an exam was not done due to resident being non-verbal, unable to provide any details, and in denial that a sexual assault had possibly occurred.
Local law enforcement responded to the hospital and attempted to interview (R1) and then interviewed several staff, as requested by the facility. Documentation provided by local law enforcement supports there was no evidence to confirm or deny a crime occurred. Law enforcement also spoke to resident's family member who indicated the allegation was not conveyed to the facility Administrator sooner, due to miscommunication with staff. Administrator stated this family member did not communicate anything (R1)had told him on 2/11/24 or on 2/14/24 when he was in the building.
The Administrator stated to the Department that resident's spouse told staff, (S2) that staff (S1) had only "been mean to her" and there was no mention of a sexual assault. The Administrator stated to local law enforcement that she spoke to the other (3) staff working on 2/11/24, when the alleged incident occurred, and none of the staff observed any interaction between (S1) and (R1), as (S1) was assigned to a different hall from where (R1's) room is located.
The Ombudsman was interviewed on 3/5/24 and indicated (R1) was interviewed at length on 2/27/24 and no disclosures were made about a sexual assault. The Ombudsman stated resident was friendly and relaxed and was insistent that no staff had touched her inappropriately. Resident, (R1), was interviewed by different individuals, and denied being touched inappropriately each time. Due to resident's diagnosis of Dementia and rambling during the interview, this resident was not able to provide any useful information or respond appropriately to questions asked about living at the facility. Attempts were made to speak to (R1's) roommate (R2), but (R2) declined to speak to the Investigators.
Based on information obtained, LPA finds the allegation to be UNFOUNDED-meaning that the allegation was false, could not have happened and/or is without reasonable basis.
*cont on 9099C-2... |