Registered Sex Offender Attacks Fellow Resident in Iowa Nursing Home




A registered sex offender living at an Iowa nursing home is now under extremely strict watch, after an eight-year-old girl witnessed him sexually assaulting a female resident.

The attack took place on August 21 at the Pomeroy Care Center in Pomeroy. The girl, who was visiting relatives, says she witnessed 83-year-old William Cubbage standing over a woman’s bed with his hands between the woman’s legs. According to state Health Department records, the woman was consistently saying “No!” After the attack, the woman was in tears, and begged a staff member not to leave her alone.

Cubbage has a history long history of predatory behavior at Pomeroy. Along with routinely swearing at staff members, Cubbage has also been seen staring into the rooms of female residents, winking at women during meals, and harassing visiting children.

This story calls to mind the difficult question of where to place elderly registered sex offenders, once prisons become too full. Though Iowan law forbids sex offenders from working in a care facility, there are no laws preventing them from living side-by-side among Iowa’s most vulnerable populations. And, as we’ve learned from other appalling stories we’ve recently discussed, sex offenders rarely change their ways.

“The idea that sex offenders can be placed in long-term care facilities...with no notification of the family members or residents in that facility, is simply wrong,” said a spokesperson for Gov. Terry Branstad.

Branstad should know. In April, he cut the number of Iowa nursing home inspectors by 25 percent - leaving just 28 inspectors to investigate the state’s 442 facilities. That’s one inspector for every 1,071 nursing home residents in Iowa.

Given those figures, it’s no surprise that Cubbage somehow slipped through the cracks. According to the Des Moines Register, state officials knew Cubbage would be a               “ ‘menace,’ likely to commit sexually violent offenses” when he was admitted to Pomeroy in 2010. The district judge who approved Cubbage’s removal from the state-run Civil Commitment Unit for Sexual Offenders simply said he “did the best that he could” based on the information he “had in front of him.”

Clearly, the “best that he could” wasn’t close to being enough.

Resources:

Where Will Criminals Go When They Need Skilled Nursing Care? Oct. 19, 2011 Nursing Homes Abuse Blog

Official Pomeroy Care Center Citation Nov 12, 2011 Des Moines Register

Nursing Home Patients Take Backseat in Priorities for Iowa Legislators April 4, 2011 Nursing Homes Abuse Blog

Disabled Iowa Woman Gives More Details About Sexual Assaults

(CAPTION: Allen Franks, Timothy Stromberg and Bruce Brecht were all arrested in connection to multiple rapes at the Anamosa Care Center.)
In Iowa, new details have emerged about extremely disturbing incidents in which two male staff members repeatedly raped a female resident at the Anamosa Care Center.

In June, a 21-year-old female resident came forward with allegations of being raped on multiple occasions. At the time, the resident, who is mentally retarded, said the rapes happened over a period of five days.

Now, police have discovered that three men were involved in the rapes. One, Bruce Brecht, served as a “lookout,” while the other two, Allen Franks and Timothy Stromberg, took turns  raping the resident in a hallway.

The 76-bed Anamosa Care Center, which opened last year, has a history of serious incompetence. According to a state Health Department survey conducted in February, Anamosa was found to have a number of violations, including:

  • Unsanitary bathrooms
  • Unsafe food service procedures
  • Failure to maintain sanitary medical procedures


Another recent survey found that Anamosa failed to perform proper background checks, and as a result had registered criminals among its staff.
On Medicare’s “Nursing Home Compare” Web site, Anamosa received one star out of a possible five for its overall rating. Its “Staffing” rating was also one star out of five.

If you or a loved one feel you suffered abuse as a result of your stay at Anamosa Care Center, I would welcome the opportunity to speak with you about your legal rights. All of our initial consultations are free and confidential.

Related:

Never Discount the Real Impact of Sexual Abuse in the Disabled

Abuse & Cover-Up At Assisted Living Facility Caring For The Disabled

Nursing Home Worker Gets Seven Years In Prison For Sexually Abusing Disabled Patient

Sexual Abuse Of Patient In Chicagoland Nursing Home

Angelo J. BirdEven with strict federal and state laws protecting nursing home patients, somehow people completely unfit for the job manage to find their way into positions where they are caring for an incredibly vulnerable group of people.  

Recently, the Chicago Tribune reported on a horribly shameful incident involving the sexual assault of a nursing home patient by a supervisor at the facility. 

Twenty-two-year-old, Angelo J. Bird of Woodstock, a CNA and midnight shift supervisor has been charged with sexually assaulting a disabled elderly woman at Crystal Pines Rehabilitation and Health Care Center in Crystal Lake, IL.  The 93-year-old sexual assault victim told investigating police that the incident occurred in the early morning hours of September 25th while she was sleeping in her room at the facility.

According to news reports of this incident, Mr. Bird had no prior convictions.  Further, Mr. Bird remains a free man after posting bond.  No word yet as to his upcoming court dates.

Civil liability for acts of employees

In most jurisdictions, the employer may be held responsible for the acts of their employees when they harm a person in the course of their employment.  However, in situations where there may be an intentional or criminal acts, many employers will try to evade liability by asserting that the employee's act was outside the scope of their employment. Consequently, as a nursing home lawyer, it is important to evaluate all sexual assault cases involving employees at a facility with an eye towards negligent hiring or negligent supervision on the part of the facility in order to assure that the victim may be properly compensated for his or her injuries.

Related Nursing Homes Abuse Blog Entries:

Chicago Nursing Home Patient Sexually Assaulted By CNA

Nursing Home Worker Gets Seven Years In Prison For Sexually Abusing Disabled Patient

Nursing Home Abuse: Janitor Accused Of Sexually Exploiting An Alzheimer's Patient

Convicted Sex Offender Pulls From His Old Bag Of Tricks While Assaulting Elderly Nursing Home Patient

Where Will Criminals Go When They Need Skilled Nursing Care?

Like it or not, many of us will rely on skilled nursing facilities-- commonly known as nursing homes-- to provide us with the medical care that we may not be able to provide for ourselves at some point in our lives.  Similarly, there is a sizable group of convicted felons who will require similar care for their needs.  So where will they go? 

In most jurisdictions, the answer is quite vague and generally simply ill-addressed as most states have not squarely addressed the issue.  The result of this delay and denial is that many convicted felons--- even those with particularly repulsive backgrounds--- may be living side-by-side with your family member. 

Just recently, I read about how officials in Kansas discovered seven registered sex offenders living at one nursing home alone! 

While it may be perfectly legal for nursing homes to admit people with criminal backgrounds--- including sex offenders, facilities still have a responsibility to provide a safe environment for all residents and visitors.  Given that most states require sexual offenders to register their location with the state, most nursing homes can easily do a search to determine if their patient is on such list.

As a lawyer who has represented people whom have been sexually abused by other residents and staff at nursing home with criminal records, I find these acts both disgusting and indicative of a culture of corporate greed that seeks to maintain maximum occupancy rates and paying staff the lowest wages possible.  Sadly, I think many nursing homes continue to skirt by by doing as little as they are required to do under the law.  Hopefully, victims of such horrendous incidents will come forward and demand safety changes that are direly needed.

Related Nursing Homes Abuse Blog Entries:

Never Discount The Real Impact Of Sexual Abuse On The Disabled

Chicago Nursing Home Patient Sexually Assaulted By CNA

Convicted Sex Offender Pulls From His Old Bag Of Tricks While Assaulting Elderly Nursing Home Patient

The Real Devastation Associated With Sex Abuse In Nursing Home Will Never Be Known As Most Acts Go Unreported & Unprosecuted

Signs Of Child Abuse In A Day Care Setting: Part 2

child care.jpgYesterday we discussed potential signs of mistreatment or abuse in a day care setting. Today we continue our discussion regarding child abuse as we consider the signs of various types of abuse.  

While many of these topics are exceptionally troubling, as parents it is important to pay attention to changes in the behavior of our children and recognize the importance of addressing these issues head on.

When it comes to unspeakable acts of sexual abuse of children there may or may not be any outwardly physical signs. Therefore, it is important to pay attention to any changes in the child’s behavior. In these situations, a mandated reporter or other person who is concerned about the child’s well-being should listen to the child closely and attentively in a calm and natural demeanor to put the child at ease. Because most sexual abuse is conducted in secrecy, the most important evidence in these cases is the testimony of the victim. 

If a child displays the following signs, they may be the victim of sexual abuse:

  • Has difficulty walking or sitting
  • Sudden refusal to participate in gym or physical activities
  • Sudden change in appetite
  • Demonstrates bizarre, sophisticated, or unusual sexual knowledge or behavior
  • Becomes pregnant or contracts an STD
  • Runs away
  • Reports sexual abuse by a parent or caregiver

Parents or adult caregivers who have sexually abused a child may be:

  • Unusually protective of the child or limit the child’s interaction with others
  • Secretive and isolated
  • Jealous or controlling with family members

Signs of Neglect:

As with other forms of child abuse, there is no one indicator of neglect. Instead, it is a variety of signs that appear repeatedly or in combination. In a child, these signs may be when the child:

  • Has frequent school absences
  • Begs or steals money for food
  • Lacks necessary medical or dental care
  • Is dirty or has severe body odor
  • Lacks weather appropriate clothing
  • Abuses alcohol or other drugs
  • Reports that there is no one at home to provide care

Neglect might be occurring, if the parent or caregiver:

  • Is indifferent to the child
  • Acts apathetic or depressed
  • Behaves irrationally or in bizarre manner
  • Is abusing drugs or alcohol

Signs of Emotional Abuse:

Children react in different ways to emotional abuse.   However, if you notice a child displaying any of the following behavior, it may be a sign of abuse:

  • Shows extremes in behavior (overly compliant, demanding, passive, or aggressive)
  • Is overly adult or overly infantile in behavior
  • Has delays in physical or emotional development
  • Has attempted suicide
  • Reports a lack of attachment to parent or caregiver

The caregiver or parent may be emotionally abusing the child if they:

  • Blame, belittle, or berate the child on a consistent basis
  • Seem unconcerned about the child
  • Overtly rejects the child

Impact of Child Abuse

Child abuse can have long lasting impacts on the child and cause physical, psychosocial, behavioral, and societal consequences and problems that can follow them into adolescence and adulthood. The harmful effects of child abuse and neglect depend on the circumstances surrounding the abuse (child’s age and development status when abuse occurred, the type of abuse, the frequency, duration, and severity of abuse, and the relationship between the victim and abuser) as well as the treatment and community options available after the abuse occurs. 

Physical health consequences can include:

  • Minor injuries (bruises of cuts)
  • Major injuries (broken bones, brain injuries, death)
  • Recurring health problems
  • Impaired brain development
  • Poor physical health

Psychological consequences can include:

  • Immediate emotional effects (isolation, fear, inability to trust)
  • Lifelong consequences (low self-esteem, depression, relationship difficulties)
  • Depression and withdrawal (even in children as young as 3)
  • Poor mental and emotional health
  • Cognitive disabilities
  • Social difficulties

Behavioral consequences can include:

  • Difficulties during adolescence (delinquency, teen pregnancy, low academic achievement, drug use, mental health problems)
  • Juvenile delinquency and adult criminality
  • Alcohol and drug abuse
  • Abusive behavior

Child abuse and neglect results in direct and indirect social costs including direct costs associated with the child welfare system and child abuse investigations and indirect costs associated with criminal activity, mental illness, substance abuse, and domestic violence. It is not only in the children’s’ best interest, but in society’s best interest to strengthen child abuse laws and regulations and support programs to prevent child abuse and neglect

Your child getting hurt and suffering a serious injury is every parent’s worst fear. It is important to pay close attention to any injuries your child suffers or any changes in behavior in order to recognize signs that may indicate the possibility of abuse and neglect. Public awareness and prevention are some of the best tools in stopping child abuse and neglect. 

If your child has suffered injury, abuse, or in the worst situation, death, while in a day care home, day care center, group day care home, or any other child care arrangements, you may be entitled to compensation and the opportunity to hold the person responsible for the injury accountable. 

Resources:

ChildCare.gov

Child Welfare Information Gateway

U.S. Department of Health and Human Services: Administration for Children & Families

Injury Prevention Policy: Child Care Safety

National Resource Center for Health and Safety in Child Care and Early Education

National Association of Child Care Resources & Referral Agencies

About.com: Child Care

Illinois Department of Children and Family Services: Day Care & Early Childhood

Illinois Early Learning Project: How Do I Start a Child Care Center in Illinois?

Illinois State Requirements: Daycare

Child Care Aware

National Child Care Information and Technical Assistance Center (NCCIC): Child care options

Nursing Home Abuse Blog: Trust Your Instinct When Placing a Child in Daycare with Potential Hazards

Nursing Home Abuse Blog: Children in Day Care Are Susceptible to Many of the Same Problems Our Elderly Nursing Home Patients Encounter

American Academy of Pediatrics: Caring for Our Children: National Health and Safety Performance Standards: Guidelines for Out-of-Home Child Care Programs, 2nd edition

Never Discount The Real Impact Of Sexual Abuse On The Disabled

Concerned about their daughter's health, the family of Violet Townsend immediately sought medical care for the 29-year-old woman when they noticed blood on the seat of her wheelchair while visiting her at Grande Oaks Nursing Home (Ohio).  After receiving care at a nearby hospital, it was determined that Ms. Townsend's injury was consistent with a sexual assault and tested positive for a STD.

What makes Ms. Townsend's situation unique and her situation especially troubling is that a brain injury she sustained in 2006 has left her immobile and unable to communicate. 

An investigation into the incident by both officials at Grande Oaks and with the Ohio Department of Health provided no insight as to how or why the incident may have occurred.   

But, how can this be?

Tragically, physically and mentally impaired nursing home patients can be targets of abuse at the hands of other patients, residents or even visitors.  The biggest hurdle associated with the investigation and prosecution of these cases is typically the individuals inability to communicate the specifics regarding the incident or perpetrator.  

Given this rather large hurdle, it is even more important for a timely investigation to be conducted so physical evidence can be examined and any relevant witnesses can be interviewed.  

As a nursing home lawyer, I frequently find sexual abuse cases involving the disabled to be incredibly frustrating to present from the perspective of damages.  Too frequently, there is a perception that because a person cannot articulate the incident or how they have been impacted, there is an assumption that they have not been truly impacted.  Given these prejudices, many of these cases rely heavily on the testimony of family and experts to help relay the true impact on the person.

In the case of Violet Townsend, it seems as though those whom know her best can already tell a difference in behavior following this suspected incident.  According to her father, Michael Townsend,

She got to the point where you couldn't even touch her and she would just shake. I couldn't touch her. Nobody could touch her.

Related Nursing Homes Abuse Blog Entries

As More Sex Offenders Make Their Way Into Nursing Homes, Are Facilities Exposing Themselves To Increased Liability?

Sheesshh!! Move Along, Nursing Homes Trying To Cover Up Incidents Involving Sexual Abuse

The Real Devastation Associated With Sex Abuse In Nursing Home Will Never Be Known As Most Acts Go Un-reported & Un-prosecuted

Sexual Assaults In Nursing Homes, Not Exactly A Pleasant Topic-- But Is An Issue That Needs Attention

Chicago Nursing Home Patient Sexually Assaulted By CNA

Despite a steady stream of disturbing news headlines, sex crimes in nursing homes remain a rare-- but certainly troubling-- problem at facilities across the country. Most upsetting when these crimes are perpetrated upon disabled patients, they rarely get the attention that they deserve from both the facility as well as law enforcement as there is a sickening assumption that the act has no impact on the individual.

Robert Phelan, Jr.Just days ago, another sexual assault was seemingly perpetrated by a CNA at a Chicagoland nursing home.  The Chicago Tribune reported that Robert J. Phelan, Jr., a CNA at Lexington Health Care of Orland Park has been charged with Aggravated Criminal Sexual Assault after a coworker reported him engaging in inappropriate contact with a dementia patient at the facility.

In conjunction with the witness statement and evidence collected from a sexual assault examination at nearby South Suburban Hospital, bail was set at $350,000.

Civil Liability For Sexual Assaults

In order to successfully, pursue a claim for sexual assault against a nursing home or other type of medical facility, victims must generally establish that the facility had actual or constructive knowledge regarding the perpetrators tendencies.  In other words, if the perpetrator (employee or other patient) had never acted in such a manner before nor had verbally expressed their intention, a case agaisnt the facility may be difficult to pursue.

Given the obvious difficulty in obtaining such materials regarding prior acts, it is especially important that victims of sexual assault contact law enforcement officials so a full investigation can be completed as soon as feasible.  Additionally, a timely investigation ensures that the statements from witnesses get preserved before staff relocate or other patients memory of the event begins to fade.

Related Nursing Homes Abuse Blog Entries:

Nursing Home Spotlight: Lexington of Elmhurst

Lexington Care Center Named As Defendant In Nursing Home Lawsuit Involving Multiple Falls

As More Sex Offenders Make Their Way Into Nursing Homes, Are Facilities Exposing Themselves To Increased Liability?

Elder Abuse Is Widespread, Yet Only 4% of All Cases Get Reported To Authorities

CNA Arrested After Soliciting Sexual Favors From Resident

Apparently, a history of criminal financial behavior wasn't enough to discourage the owners of Waterbook Assisted Living from hiring Katonia Davis as a CNA at their facility--- because she wasn't going to be handling any of the finances at the facility.

Yet, just four months into her tenure at the North Carolina assisted living facility, Ms. Davis apparently couldn't control the strong feeling she had for a resident at the facility that she was to care for.  Another employee at the facility witnessed Ms. Davis pay the resident $20 for him to perform sexual acts with her.

While Davis was apparently quickly removed from her position by facility administrators and will face criminal charges, this type of incident again demonstrates that need for facilities to screen all job applicants and use common sense before placing an employee with a suspect background into an environment where they will have access to particularly vulnerable patients.

Related:

Lawsuit Ensues After Housekeeper Brutally Attacks Assisted Living Patient

Nursing Home Abuse: Janitor Accused Of Sexually Exploiting An Alzheimer's Patient

Sheesshh!! Move Along, Nursing Homes Trying To Cover Up Incidents Involving Sexual Abuse

Another Sexual Assault Of A Nursing Home Patient At The Hands Of A Convicted Felon

As More Sex Offenders Make Their Way Into Nursing Homes, Are Facilities Exposing Themselves To Increased Liability?

As if nursing home patients and their families didn't have enough to worry about with respect to receiving proper medical care, many patients may be shocked to learn that they are living amongst registered sex offenders.  While the component of sex offenders in nursing homes is nothing new, the fact remains that as a generation of sexual deviants ages--- their need for skilled nursing care is expanding.

With few alternatives, many convicted felons--- some of whom have particularly disturbing backgrounds are settling into long-term care facilities such as nursing homes and assisted living facilities.  While their need for medical care is apparent, what is concerning is that on many occasions, these people are placed in facilities side-by-side with other patients-- without any advance knowledge.

Currently, only several states including: California, Oklahoma, Illinois and Minnesota have laws that require a nursing home to announce to other patients at the facility when a sex offender has entered the facility.  Thus, in the majority of situations, convicted felons with violent backgrounds are living freely amongst nursing home patients without information to other patients.

A recent article in the Star-Telegram highlighted just how extensive the situation of convicted sex offenders living in nursing homes can be.  Approximately, 15-20 of the 65 patients at Lake Worth Nursing Home have a criminal record that includes sex offenses. Shockingly, while Texas has a law that requires the state to inform area-residents of the presence of sex offenders in the area, the law doesn't apply to the notification of other patients at the facility.

Certainly, even without any legislation that requires nursing homes to notify patients of sex offenders or provide special accommodations for them, I would certainly argue that many of these facilities are exposing themselves to increased liability by housing these potentially dangerous people.  

Given that the rate of recidivism in sex offenders is alarmingly high, it is fair to assume that at least some of these people have indeed more criminal acts during their nursing home admission.  In these circumstances, I feel a strong argument could be made that simply due to their criminal backgrounds, the nursing home was on notice that the individual could have violent propensities.  

However, my guess is that despite the potential threat to the safety of other patients, nursing homes in Texas and other states will continue to  bring out the welcome wagon for patients of all backgrounds--- regardless of the severity of their indiscretions--- due to the fact that the government reimburses facilities that care for criminals the same as they do for patients who have lived an admirable life.  Perhaps we need to re-consider the way we provide governmental benefits to those who have already harmed society?

Read more about convicted sex offenders living in Texas Nursing Homes here.

Related Nursing Homes Abuse Blog entries:

Convicted Sex Offender Pulls From His Old Bag Of Tricks While Assaulting Elderly Nursing Home Patient

Another Sexual Assault Of A Nursing Home Patient At The Hands Of A Convicted Felon

Sexual Assaults In Nursing Homes, Not Exactly A Pleasant Topic-- But Is An Issue That Needs Attention

Do Former Inmates Deserve To Be Living In Nursing Homes?

Is It Time For Nursing Homes To Implement More Safety Measures To Protect Patients From Visitors?

Would you open your front door and simply welcome in any visitor?  I don't know where you live-- but I surely wouldn't!  

However, many nursing homes pretty much have an 'open door' policy when it comes to granting visitors access to their facility.  Sure some facilities have a check-in desk where visitors can sign in and get an official looking sticker to put on their lapel, but rarely is there much more of a screening system in place to restrict access to these facilities.

While the overwhelming majority of visitors indeed have very sincere intentions for their visit, a small, but dangerous minority of nursing home visitors needs to be acknowledged for the threat they pose to vulnerable patients.

While not the first time an incident such as this has taken place, I was repulsed to read about an incident in a Michigan nursing home where a visitor allegedly sexually assaulted a comatose patient.  

Prosecutors have now charged Cornell Lowman with fourth-degree criminal sexual conduct after he allegedly sexually assaulted a comatose patient at nursing home where he was apparently visiting another patient.

Mr. Lowman has an extensive criminal record for similar sexual crimes.  He served eight years in prison following a 1985 sex crime and 1984 larceny.  Mr. Lowman was released just last year after serving time for another 2007 larceny conviction.

Incidents such as this, should give nursing homes, time to pause and re-evaluate how they handle visitors to their facilities.  Too often, facilities have no real visitor policy in effect which can pose a real threat to both patients and staff alike.  However, given the real opportunity there is for despicable acts to occur, facilities should have a visiting system that implements the following safeguards:

  • Keep lists of 'approved' visitors for each patient
  • Notify patients of visitors before allowing the visitor access
  • Requiring photo identification from all visitors
  • Keep access to particularly vulnerable patients restricted
  • Only allow visitors access to the area where the patient they are visiting lives 

If Mr. Lowman is convicted of his current charge, he stands to spend the rest of his life in jail under Michigan law.

Related:

Teenage Nursing Home Visitor Suspected Of Raping Patient

Nursing Homes Failure To Screen Visitor Results In Sexual Assault Of Resident

Detroit man, 49 accused of sexually assaulting coma patient, by Doug Guthrie, The Detroit News, April 19, 2011

Should Nursing Homes Restrict The Sexual Activity Of Disabled Patients?

A recently filed lawsuit accuses Rainbow Beach Nursing Center (Chicago, IL) of negligently attending to the sexual health of a schizophrenic patient who became pregnant during her admission to the facility.  

The family of the patient who gave birth to a handicapped boy, claims that the facility was negligent for allowing mentally disabled patients to engage in sexual relations without comprehending the impacts of their actions.

According to the patient's sister, Shaune Williamson Ofori-Amanfo, "These facilities accept responsibility for caring for people who aren't capable of making life decisions.  They accept the responsibility of giving them food, of cleaning their clothes and, to some extent, their comings and goings."  

Yet when Wiiiamson Ofori-Amanfo questioned staff why they were allowing disabled patients to have sex, staff essentially shrugged off her concerns claiming that sexual activity was an undeniable right.

Now, she is faced with the task of caring for her disabled sister and her six-year-old nephew.  I guess, we will find out what the jury thinks on this one.

Related:

Woman sues nursing home after patient impregnates sister, Chicago Sun Times, September 30, 2010 by Lisa Donovan

Nursing Home Abuse: Janitor Accused Of Sexually Exploiting An Alzheimer's Patient

Sheesshh!! Move Along, Nursing Homes Trying To Cover Up Incidents Involving Sexual Abuse

The Real Devastation Associated With Sex Abuse In Nursing Home Will Never Be Known As Most Acts Go Un-reported & Un-prosecuted

Nursing Home Abuse: Janitor Accused Of Sexually Exploiting An Alzheimer's Patient

 

I was sickened to see another report of a janitor at the MediLodge Nursing Home (Michigan) who was caught by his co-workers sexually assaulting a patient at the facility.  Perhaps the only positive aspect of this episode of nursing home abuse is that the man's co-workers immediately reported the incident to the police.

Presently, the janitor remains in police custody and formal charges will be forthcoming.

Episodes such as this serve as a reminder that we all need to be looking after all nursing home patients--- even those we may never suspect may be victims of sexual abuse. Hopefully, when the dust settles on this investigation, we will learn that the that the timely acts by the nursing home staff protected the safety of other patients at this facility.

Related Nursing Homes Abuse Blog Entries

Bye Bye Criminals

Nursing Home Supervisor Admits To Abusing 100 Residents

Nursing Home Operator And CNA's Named As Defendants In Civil Lawsuit After Sex Abuse Scandal

Sexual Abuse: Nursing Home Injury Laws

Convicted Sex Offender Pulls From His Old Bag Of Tricks While Assaulting Elderly Nursing Home Patient

Another convicted sex offender has acted out in a nursing home setting by assaulting another patient at the facility where he resides.  This incident reportedly occurred at Golden Living Center in Oakmont, PA.

Staff at the nursing home noticed Russell Gary Dettlinger fondling a female dementia patient at the facility in a common area used for watching television.  

Mr. Dettlinger was immediately removed from the facility and charged with aggravated indecent assault  and indecent assault.  This is not a random act for Mr. Dettlinger as he was convicted of sexually assaulting a child in 1993.

Despite the wrinkles in Mr. Dettlinger's record, Golden Living officials knowingly allowed him into their facility.  According to Golden Living Center Executive Director Ben Neil,

"In this instance, as with every potential new resident, we conducted stringent and standardized screenings before admitting the patient.  We identified this patient as being listed on the sexual offender registry and placed him under a special care plan.  Extra monitoring and other protective controls were put in place."

Well, Mr. Neil, it really seems to me like your plan has failed miserably.  I'm sure the victim's family will take comfort from the fact that you allowed this sexual deviant into your facility and allowed him access to disabled patients.  Perhaps your care policies need to be altered?

Related Nursing Homes Abuse Blog Entries:

The Real Devastation Associated With Sex Abuse In Nursing Home Will Never Be Known As Most Acts Go Unreported & Un-prosecuted

Another Sexual Assault Of A Nursing Home Patient At The Hands Of A Convicted Felon

Sexual Assaults In Nursing Homes, Not Exactly A Pleasant Topic-- But Is An Issue That Needs Attention

Do Former Inmates Deserve To Be Living In Nursing Homes?

Nursing Home Spotlight: Collinsville Rehabilitation & Health Care Center

According to a January, 2010 report from the Illinois Department of Health, Colliinsville Rehabilitation & Health Care Center made several errors with respect to handling incidents in which a patient was sexually assaulted by another patient.

The nursing home survey revealed that in November, 2009 a convicted felon as admitted to the facility as he was accompanied by his parole officer.  Management at Colliinsville was also aware of the man's criminal background and existing diagnoses of:

  • Alcohol abuse
  • Cocaine dependency
  • Hepatitis C
  • Antisocial personalty disorder- a perverse pattern of disregard for and violation of, the rights of others that begins in early adolescence and continues into adulthood

Even with the man's questionable background, officials allowed the man to enter the Collinsville Rehabilitation & Health Care Center as a patient.  However, within just a few weeks of his admission to the Collinsville, the man was involved in numerous incidents which call into question the facilities judgment in admitting him.

There were multiple reports where the new patient entered the room of a female patient, closed the door and began to grope the patient.  Despite the fact that the female patient voiced her concerns about her safety due to the acts of co-resident, the facility failed to take any interventional acts.  Moreover, despite the patients complaints of threats to her safety to staff on the floor, the staff never communicated the safety concerns to the director of nursing or other management at Collinsville.

In response to the multiple errors made at Collinsville Rehabilitation & Health Care Center, the Illinois Department of Health cited the facility for violations related to the Nursing Home Care Act.  The agency also issued at Type A Violation and fined the facility $20,000.

Related Nursing Homes Abuse Blog Entries:

Another Sexual Assault Of A Nursing Home Patient At The Hands Of A Convicted Felon

More Staffing & Stiffer Fines. Welcome To The New Way Of Doing Business For Illinois Nursing Homes?

First Quarter 2010 Illinois Nursing Home Violations Released

Sheesshh!! Move Along, Nursing Homes Trying To Cover Up Incidents Involving Sexual Abuse

In a world full of crazy people, some have managed to infiltrate the world of nursing homes.  While occurrences involving the sexual abuse of nursing home patients are certainly not a common place occurrence, the incidents do occur--- yet too often they are brushed aside by nursing home staff whom may attempt to hide the incident out of embarrassment or perhaps at the request of nursing home management.

Regardless of the underlying reason, failing to report mistreatment of nursing home patients is unacceptable-- and illegal.  Laws applicable to nursing homes require facilities to: 1)  protect patients from harm and 2) to report allegations of misconduct to appropriate state agencies.

Omissions made with respect to both of the above obligations landed Hazard Nursing Home of Kentucky in a potentially troublesome situation.  During the course of litigation on an unrelated wrongful death case, several nursing home employees disclosed at their depositions that they witnessed an 88-year-old woman get sexually assaulted on multiple occasions by other nursing home patients.  When the incidents were reported to nursing home supervisors, they instructed the staff not to take any action because there was no 'harm' to the patient (who happened to be disabled).

As a result of the nursing home employees testimony, both a civil lawsuit has been initiated by the woman's family as well as an investigation has been triggered by Kentucky officials.

Hopefully, these recent actions will improve the care provided to all patients at this facility.  Traumatic events, such as this, involving mentally and physically handicapped patients can be particularly troublesome to identify and provide treatment for. 

In several cases I have worked on regarding sexual assaults of the disabled, we have worked with experts in the fields of psychology and trauma to attempt to more accurately convey the full impact of the event to both defense lawyers as well as potential jurors.  In some circumstances, these experts can help explain the trauma when the victim of the assault may not be able to do so.

Knowing the telltale signs of sexual abuse:

For caregivers, knowing the signs of potential sexual abuse is important in order to prevent further mistreatment of the patient as well as others in the facility.  Common signs of sexual trauma include:

  • Fear of certain people
  • Difficulty walking or standing
  • Change in behavior, such as crying or withdrawal
  • Bleeding in the genital area or anus
  • Bruising in the inner thigh
  • Sexually transmitted diseases
  • Pain in the genital area
  • Depression
  • Unusual discussion regarding sexual issues

Related:

When Bruises Can't Speak For Themselves: The Difficulty Proving Abuse Of Disabled Nursing Home Residents

Nurse Charged With Rape Of Disabled Patient

Nursing Home Fails To Report Suspected Sex Abuse To Authorities

Lawsuit Claims That Nursing Home Failed To Intervene In Case Involving The Sexual Abuse Of A Patient

A failure to protect: Sexual abuse in nursing homes, Kentucky.com July 25, 2010

Teenage Nursing Home Visitor Suspected Of Raping Patient

Protecting nursing home patients seems like an obvious responsibility of nursing homes, yet too often facilities are lax when it comes to regulating the visitors who come-and-go freely at many facilities.  Of course its nice to simply see new faces at the facility-- but there needs to be some method of accounting for who enters and leaves the facility.

On the topic of nursing home visitors, I was sickened by a news report of and 18-year-old man who allegedly raped an elderly female patient at Woods Nursing Home in Tennessee.  Apparently, the man was at the facility to visit another patient.

Certainly, stories such as this obviously cause everyone to reconsider the safety of their nursing home patients everywhere.  Though the police investigation into this matter is underway, I wonder what-- if anything the facility could have done to prevent this crime from occurring on their property?

When it comes to accepting visitors to their facility, nursing homes should have some type of system to account for who the visitor is, what patient they are there to visit and the times the visitor enters and leaves the facility.

In my practice as a nursing home lawyer, I tend to see a disproportionate number of criminal acts perpetrated by visitors at facilities with an unstructured visitor policy or who seemingly allow anyone to come and go at their leisure.  Would we allow such a cavalier security in our homes?  Shouldn't we expect more control at skilled nursing facilities and residence homes that house vulnerable people?

Read more about this suspected nursing home rape here.

Related Nursing Homes Abuse Blog Entries:

Nursing Home Fails To Report Suspected Sex Abuse To Authorities

At least 50 Convicted Sex-Offenders Living Freely In Illinois Nursing Homes

Nursing Home Operator And CNA's Named As Defendants In Civil Lawsuit After Sex Abuse Scandal

Sexual Assaults In Nursing Homes, Not Exactly A Pleasant Topic-- But Is An Issue That Needs Attention

Demented CNA Gets 60 Year Sentence In Criminal Case Involving Sexual Assault Of Nursing Home Patients

Justice was recently served in the criminal prosecution of a CNA accused of sexually assaulting four patients at National Health Care in Bristol, VA.  James Wright will serve 60 years in prison for the sexual assault of the patients he was responsible for caring for.

Earlier, Mr. Wright entered an Alford plea to the four counts of sexual battery he was charged with.  Under the terms of the Alford plea, the convicted person acknowledges that the prosecutors evidence is sufficient for a conviction-- yet the accused never actually admits guilt.

In dispensing the 60-year sentence, Circuit Judge Larry Kirksey sentenced Mr. Wright to 20 years less than he could have under the maximum sentencing guidelines.  Nonetheless, Judge Kirksey had harsh words for the the defendant.

"This is no doubt an indescribably despicable criminal act, Judge Kirksey said before sentencing.  "Certainly, as a certified nurses aide, you understand the position of trust...you were placed in by these women and [their] families."

My take:

Certainly, renegade employees make their way into all types of businesses and maybe cause harm to the company or the other employees.  However, when a real deviant-- such as James Wright-- makes his way into a nursing home and has his way with multiple patients, over an extended period, I think its time to look up the food chain towards management's oversight of employees.

Thankfully, an investigation by the state licensing board arrived at a similar conclusion and reprimand the former director of nursing and other executives who were working at the facility during the time of these heinous acts.

No matter how many laws we throw at nursing homes obligating them to conduct criminal background checks and screening techniques, it will always remain the responsibility of nursing homes to keep tight reigns on all employees-- especially those working with the most susceptible.  Hopefully, cases like this will be a wake-up call for all facilities to keep the reigns taught.

Related:

Nursing Home Spotlight: NHC Healthcare, Bristol, VA

Nursing Home Operator And CNA's Named As Defendants In Civil Lawsuit After Sex Abuse Scandal

Sexual Assaults In Nursing Homes, Not Exactly A Pleasant Topic-- But Is An Issue That Needs Attention

The Real Devastation Associated With Sex Abuse In Nursing Home Will Never Be Known As Most Acts Go Unreported & Unprosecuted

The Real Devastation Associated With Sex Abuse In Nursing Home Will Never Be Known As Most Acts Go Unreported & Unprosecuted

The overwhelming majority of sex abuse cases involving nursing home patients go unreported to authorities and hence un-prosecuted according to a recent news story on the topic by WKYC, a Cleveland, OH television station.

In evaluating the sex abuse complaints made to the Ohio Department of health, the regulatory agency for nursing homes, just a handful of the 324 complaints made regarding rape and sexual abuse of patients in nursing homes and other long-term care facilities resulted in a conviction. 

One of the biggest hurdles for prosecutors of sexual abuse cases is the victims inability to testify. According to Ohio Attorney General Richard Cordray, "[i]t's hard to get victims who can hold up on the stand.  It's hard to verify when some of the elderly victims (are abuse because) their memories aren't good'"

Residents in long-term care families are usually victimized by staff at the facility or by their fellow residents.  Thankfully, most states utilize criminal background checks to screen all employees prior to hire.  Unfortunately, few states -- and even fewer nursing homes conduct background checks on new patients. 

The reality is that it is very much in the hands of the nursing homes as to how they wish to tackle problems involving sex crimes in their facilities.  Unlike the investigation of a crime in other situations, it is almost completely up to staff at the facility to report the act in the first place.  Unfortunately, by the time authorities are called in vital physical evidence may have been intentionally or unintentionally destroyed or altered further compromising the investigative process.

Unfortunately, the same hurdles that apply to the prosecution of criminal cases are presented in civil lawsuits against facilities where a sexual assault may have occurred.    As a lawyer who has worked on cases involving sexual abuse at various institutions, we are very much reliant on the physical evidence gather by police during an investigation in order to prove our case.  Further, civil cases can be difficult because you generally must prove the facility had actual or constructive notice of the offender's conduct to recover damages against the facility itself.

Recognizing Sexual Abuse

Families and caregivers can be extremely important in identifying situations where sexual abuse may have occurred.  Unlike other types of trauma, where the injury may outwardly manifest itself, cases involving sexual abuse tend to be subtle.

If you suspect something is wrong, it very well maybe and the situation should be reported to law enforcement immediately.  The following are signs of sexual abuse that merit further investigation:

  • Sudden emotional withdrawal
  • Unusual behavior around certain staff or patients
  • Bloody clothing or bed sheet
  • Sexual transmitted disease
  • Sudden aggression or outbursts

Related:

Sexual Assaults In Nursing Homes, Not Exactly A Pleasant Topic-- But Is An Issue That Needs Attention

CNA Charged With The Rape Of An Elderly Woman In An Assisted Living Facility

Nursing Home Operator And CNA's Named As Defendants In Civil Lawsuit After Sex Abuse Scandal

Lawsuit Claims That Nursing Home Failed To Intervene In Case Involving The Sexual Abuse Of A Patient

Another Sexual Assault Of A Nursing Home Patient At The Hands Of A Convicted Felon

Sadly, the most recent episode of the sexual assault of nursing home patient at the hands of convicted felon-- who happens to be a fellow patient--- occurred last week in a Florida Nursing Home.  57-year-old Larry Donneal Evans, admitted to the sexual assault of a disabled female patient at the nursing home. 

The nursing home staff caught Mr. Evans in the act of assaulting the disabled woman and immediately reported the incident to police authorities. In addition to admitting to his inappropriate behavior, Mr. Evans stated that he did not stop his groping because the woman never said 'stop'. 

Prior to his admission to the nursing home, Mr. Evans served four years in jail for violently resisting an officer and possession of cocaine. 

To the left, is a photo of Mr. Evans that was taken by the Pinellas County Sheriff Department.  Read more about the sexual abuse of a nursing home patient here.

I'm getting sick of hearing about these type of sexual assault cases involving nursing home patients.  Facilities need to implement more protective measures to assure patients remain safe from the predatory acts of their fellow patients.  If facilities can not assure the safety of all patients, people with criminal backgrounds should never step foot in these facilities.

Related Nursing Homes Abuse Blog Entries:

Atleast 50 Convicted Sex-Offenders Living Freely In Illinois Nursing Homes

In Wake Of Sexual Assault Of Elderly Woman, Chicago Nursing Home & Administrator Named In Civil Lawsuit

Sexual Assaults In Nursing Homes, Not Exactly A Pleasant Topic-- But Is An Issue That Needs Attention

Sexual Assaults In Nursing Homes, Not Exactly A Pleasant Topic-- But Is An Issue That Needs Attention

A widely publicized Chicago Tribune investigation revealed that authorities have investigated at least 86 cases of sexual violence against elderly and disabled nursing home residents since July 2007, but only one case has led to an arrest. This casts doubt on whether nursing home residents are safe from sexual abuse. 

While hardly an easy topic to discuss, the prevalence of sexual abuse amongst nursing home patients is a sad topic that must be addressed-- if for nothing else than to spread awareness of this topic.

Sexual Abuse in Nursing Homes

Sexual abuse is touching, fondling, intercourse, or any other sexual activity with an older adult who is unable to understand, unwilling to consent, threatened, or physically forced. The abuser can be a fellow resident or even a nursing home staff member. Elderly nursing home residents are more vulnerable to and at increased risk for sexual abuse because of:

  • Dependence on family members, caretakers, agency staff
  • Physical frailty or weakness
  • Restricted mobility
  • Alterations in mental status

The Illinois Elder Abuse and Neglect Act (320 ILCS 20/1 et seq.) established the Elder Abuse and Neglect Program in order to respond to allegations of abuse, including sexual abuse. Illinois law requires that persons delivering professional services to older adults (social services, adult care, law enforcement, education, medicine, state service to seniors, and social workers) report suspected abuse of older persons who are unable to report for themselves. This mandatory reporting requirement only applies if the reporter believes that the older person is not capable of reporting the abuse themselves. Any physician who willfully fails to report as required by the Act is referred to the Illinois State Medical Disciplinary Board. Any other mandated reporter required by the Act who willfully fails to report is guilty of a Class A misdemeanor. The Department also encourages people to report suspected elder abuse even when not required. If the older person is a nursing home resident, reports are made to the Illinois Department of Public Health’s Nursing Home Hotline (1-800-252-4343). (Previous article on Elder Abuse and Neglect Act)

Nursing home facilities are required to complete criminal background checks and risk assessments for all new residents. However, nursing homes are making errors and omissions, which put vulnerable nursing home residents at risk. The Illinois Department of Public Health (IDPH) is responsible for enforcing current safety regulations. However, Illinois Attorney General Lisa Madigan said that IDPH needs to do a better job of preventing safety breaches in Illinois’ nursing homes. 

In Chicago, a quarter of the city’s 119 nursing homes have suffered from rape allegations since July 2007. Of the 86 cases that authorities have investigated, only one arrest has been made. In January 2010, the authorities made arrests at two Chicago nursing homes for residents with outstanding arrest warrants. Twenty people were wanted for charges including assault, domestic battery, and indecent exposure. As a result of these raids, eight people were arrested. 

There are a shocking number of nursing home residents with outstanding arrest warrants and felony convictions. At facilities with large numbers of felon residents, there were high numbers of assault and battery allegations. Rainbow Beach Care Center, a South Side nursing home, had eleven people with outstanding arrest warrants, which led to three arrests. Rainbow Beach has about 193 residents, of which 18 are listed felons suffering from mental illness. There were 17 police reports of assault or battery, three reports of narcotics possession, and two cases of sexual violence between March 2008 and July 2009. At Kenwood Healthcare Center, another South Side nursing home, there were 95 reported felons among the 172 person resident population. During the same March 2008 to July 2009 time period, there were 30 alleged assaults or batteries and six narcotics cases. 

As discussed in a previous article, younger, mentally ill felons are being housed with vulnerable elderly nursing home residents, which leads to increased violence in nursing homes. Illinois has the highest number of mentally ill adults under age 65 living in nursing homes. As a result, cases of assault or battery and sexual assault are all too common in Illinois nursing homes. In December 2009, a 22 year-old convicted felon who was a resident at Maplewood Care Nursing Home in Elgin pled guilty to aggravated criminal sexual assault for raping a 69 year-old resident. 

Governor Pat Quinn’s Nursing Home Safety Task Force issued a final report that set out a timetable and road map for an overhaul of the state’s long-term care system. The Task Force made proposals to reduce the number of psychiatric patients and convicted felons housed in nursing homes, hoping that these measures will help reduce violent assaults against elderly and disabled nursing home residents. The Task Force hopes to segregate the most dangerous residents into more secure settings and to move mentally disabled people into smaller residential programs that will provide intense supervision and therapy for those people who require it. The report lists an April 30 deadline for implementing many of the major reforms including a more rigorous assessment and screening of new nursing home residents. Hopefully, these reforms will lead to safer nursing home facilities, where older adults can live without fear of brutal violence and sexual assault. 

Proving Damages

The first step of proving damages is proving that sexual abuse actually occurred. In many situations, nursing home residents might be unable or unwilling to report allegations of sexual abuse. Many nursing home residents are unable to report sexual abuse because of mental illness or disability or they might be unwilling to report abuse because of fear or shame. Impaired memory, often caused by dementia or brain injury, is a common barrier in the reporting and investigation of suspected sexual abuse. Some elderly victims might be unaware that abuse ever occurred or they may be unable to communicate clearly. Therefore, it is just as important that investigators are trained in techniques that assist older adults with their memory. 

Oftentimes, the responsibility to notice and report sexual abuse falls to nursing home staff members. In order to reduce the risk of sexual abuse in nursing homes and report allegations of abuse, nursing home staff members must be aware of signs and symptoms of abuse. Nursing home staff must be vigilant in monitoring residents for unexplained injuries, sudden depression, withdrawing, appetite change and other symptoms of abuse. These incidents must be thoroughly investigated and reported to the IDPH in order to ensure that residents who are victims of sexual assault receive appropriate treatment and counseling and that the alleged offender is removed or better monitored in order to prevent future attacks. 

Proper training in recognizing symptoms of abuse is necessary because sometimes these symptoms can be different to differentiate from the aging process, restraints, and rough care. Bruises can sometimes be attributed to the aging process or restraints even though they can also be a symptom of assault. Genital injury in the elderly can also be difficult to differentiate from genital bruising and bleeding caused by improper catheterization or rough perineal care. Common symptoms of sexual abuse include:

  • Bruising around genitals or breasts
  • Unexplained vaginal or anal bleeding
  • Unexplained venereal disease or genital infections
  • Torn, stained, or bloody underclothes

If a family member is the victim of sexual abuse, they can bring a claim for injuries. If they are unable to bring a claim on their own, you may bring a suit on their behalf. Damages (compensatory and punitive damages) can include: pain and suffering, disfigurement, mental anguish, medical expenses, loss of enjoyment in life, and shortened life expectancy. 

 How Sexual Abuse Affects Elderly Residents

Sexual abuse causes physical and psychological damage to the victim. Nursing home residents who are victims of sexual abuse often suffer from: fear, depression, acting out, withdrawing, decreased appetite, and mental health changes. Because many nursing home residents suffer from underlying medical conditions, any additional onslaught (physical or mental) to their weakened bodies can exacerbate underlying conditions or cause other serious health problems. In addition, elderly persons are more at risk for infections because of weakened immune systems. If injuries are not properly treated, these infections can be life-threatening. Therefore, if a nursing home suspects that a resident has been sexually abused, the resident should receive immediate medical attention and counseling. 

If you suspect that a family member has been the victim of sexual abuse while living in a nursing home, immediately alert nursing home staff and the Illinois Department of Public Health in order to ensure that the matter is thoroughly investigated. Sexual abuse can have many negative and long-lasting repercussions, and it is best that the victim receive medical treatment and therapy as soon as possible. 

Thank you to Heather Keil, J.D. for her assistance with this important topic.

Sources:

National Criminal Justice Reference Service – Elderly Victims of Sexual Abuse and Their Offenders
Chicago Tribune: Nursing Home Sexual Violence; 86 Chicago Cases Since July 2007, but Only One Arrest  

FindArticles.com: Thinking About the Unthinkable: Staff sexual abuse of residents

Chicago Breaking News Center: Felon Pleads Guilty to Nursing Home Sex Assault

Chicago Tribune: Nursing home Raids Net 8 Arrests

Chicago Tribune: Nursing Home Safety Reforms Get Deadline

Sexual Abuse Of Children By Caregivers: A Varied & Widely Unknown Impact

This year, more than 80,000 episodes of sexual abuse involving children will be reported to authorities. Take a deep breath....  

Because the actual number of instances sexual abuse in children is believed to be far greater, due to the fact that only a fraction of the childhood sexual abuse cases get reported to authorities.

While the sexual abuse may occur both inside the home-- at the hands of friends or family, research tells us that the incidence of sexual abuse in children increases outside the home.  

While thankfully, far from a commonplace occurrence, children in a day care, group home or institutional setting are at an increased risk of becoming victims of sexual abuse compared with their peers in a more traditional settings.

The impact of sexual abuse amongst children varies greatly dependent upon individual factors such as: the child's personality, their age and their living situation.  Similarly, victims of childhood sexual abuse manifest the effects of their abuse at different times of their lives.  In some cases, the sexual abuse victims may not even become aware of the full effects of their abuse until later in life-- when they begin to experience difficulties with relationships and intimacy.

Common manifestations of sexual abuse in children include:

  • Sudden behavior changes
  • Difficulty sleeping
  • Withdrawal from friends and family
  • Toileting accidents
  • Behavioral problems
  • Inappropriate sexual behavior
  • Aggressiveness

Despite the obvious level of discomfort that accompanies sexual abuse topics, experts agree that some of the most productive part of sexual abuse treatment involves an open discussion of the incident itself and acknowledgment of related feelings.

Treatment for victims of sexual abuse usually incorporates various aspects of individual and group therapy.  Because family members may experience feelings of guilt and embarrassment, it is also important that counselors work with the family unit as well as the child. 

Pursuing A Childhood Sexual Abuse Case Against A Facility

In order to recover damages against a facility where sexual abuse have occurred, it may be important to establish that the management was in a position to prevent the act from occurring.  In some cases this means the facilities failure to screen its employees, while in other situations it may be necessary to establish that the facility failed to intervene when it should have known when the alleged conduct occurred.

As attorneys who are devoted to representing victims of sexual abuse and assault, we have developed contacts with medical and psychological professionals across the country to both assist our clients with the recovery process as well as assure that the full extent of their trauma gets conveyed in a compassionate, yet effective way to decision makers such as defense lawyers, insurance companies or to a court.  

At all times, we are mindful of the best interests of out clients and frequently work hard to resolve matters prior to litigation and before the individual is forced to re-live their trauma before a jury.  

You can always talk with an attorney experienced with representing victims of sexual abuse free of charge.  All contacts are kept in the strictest confidence. (888) 424-5757

Resources:

Responding To Child Sexual Abuse, American Academy of Child & Adolescent Psychiatry

Alleged sexual abuse at a day care center: impact on parents.

The spectrum of sexual abuse in daycare: An exploratory study, Journal of Family Violence 3 (4): 283-298.

Child Injury Laws Blog

Related:

Children In Nursing Homes: Truly The Most Vulnerable

Children In Day Care Are Susceptible To Many Of The Same Problems Our Elderly Nursing Home Patients Encounter

Are Group Homes A Viable Alternative To Nursing Homes?

Victim Of Sexual Abuse To Receive $3.2 Million From Chicago Archdiocese

CNA Charged With The Rape Of An Elderly Woman In An Assisted Living Facility

Douglas McGregor, a CNA at an assisted living facility for dementia and Alzheimer's patients, stands accused of raping a 71-year-old woman with whom he was to assist in dressing. 

According McGregor, the elderly woman was 'tugging' on his waist line and the button on his pants broke, thereby exposing his genitals because he wasn't wearing any underwear.

The incident, which is to allegedly have occurred on February 17th at Weatherly Inn at Lake Meridian, is currently under investigation by officials at the Washington Department of Health.  Nurse McGregor is in custody at the Norm Maleng Regional Justice and is scheduled to return to court on March 25th, when a trial date may be set.  If convicted, Mr. McGregor may face up to a lifetime sentence. 

Am I the only one who finds the fact that a male CNA is responsible for dressing a female patient a bit unusual?  Perhaps I'm a bit old fashioned, but allowing male employees to dress (and presumably undress) female patients seems to be a violation of their privacy-- not to mention adding an inherent amount of sexual tension.

Read more about this sexual assault in an assisted living facility here.

Related:

Nursing Home Supervisor Admits To Abusing 100 Residents

In Wake Of Sexual Assault Of Elderly Woman, Chicago Nursing Home & Administrator Named In Civil Lawsuit 

Nurse Charged With Rape Of Disabled Patient

Lawsuit Claims That Nursing Home Failed To Intervene In Case Involving The Sexual Abuse Of A Patient

Lawsuit Alleges CNA At A Golen Living Center Sexually Abused Paralyzed Patient

A recently filed lawsuit against Golden Living Centers in Merrillville, IN alleges that a CNA at the facility entered the room of a paralyzed stroke patient, took his clothes off and fondled the man against his will. 

The CNA identified as, Ismael Golden, also faces criminal charges related to the alleged sexual abuse.  In addition to this incident, Mr. Golden is also accused of sexually assaulting another patient at the Indiana nursing home.

Read more about this case of alleged sexual abuse at a Golden Living Center here.

Related:

Lawsuit Claims That Nursing Home Failed To Intervene In Case Involving The Sexual Abuse Of A Patient

Nurse Charged With Rape Of Disabled Patient

In Wake Of Sexual Assault Of Elderly Woman, Chicago Nursing Home & Administrator Named In Civil Lawsuit

Update On Nursing Home Rape: Facility Made Errors In Investigation Of Incident

Golden Living Partners With Microsoft To Help Manage Patient Medical Records

Nursing Home Operator And CNA's Named As Defendants In Civil Lawsuit After Sex Abuse Scandal

After the well publicized abuse of elderly patients at the Good Samaritan Nursing Home in Minnesota, some of the patients who were victimized have filed a civil lawsuit against the nursing home and the individual nurses involved. 

Prosecutors have already filed criminal charges against two young woman who tormented many of the Alzheimer's and dementia patients they were responsible for caring for.  The criminal investigation revealed that these derelict CNA's were repeatedly abusing Good Samaritan patients over a six month period in 2008.

While employers are generally not responsible for the intentional acts of their employees, lawyers for the nursing home patients will argue that the abuse instituted by the nurses continued for such a long period that the nursing home knew or should have know of the sexual abuse taking place at their facility.

Given the fact that many of the young women who were involved in this situation were 18-years-old, I find any argument by the nursing home operator that these women were acting on their own and did not require supervision laughable. 

As a lawyer who has represented victims of sexual abuse, I find these "I didn't know" arguments made by employers heartless and insincere.  I'll bet that if these young women were working a cash-register at this facility and were regularly taking money from the company coffers, the company would have stopped their conduct a lot quicker!

Read more about this nursing home lawsuit here.

Related Nursing Homes Abuse Blog Entries:

Girls Gone Wild In Minnesota Nursing Home

Nursing Home Abuse Charges Filed Against Teenage Workers

Forwarded Email From A Perfect Cause Re: Abuse At Albert Lea Nursing Home

Lawsuit Claims That Nursing Home Failed To Intervene In Case Involving The Sexual Abuse Of A Patient

Nursing Home Worker Admits To Molestation Of Disabled Resident

A 26-year-old man has admitted to the molestation of a mentally disabled woman he was responsible for caring for.  The nursing home worker identified as, Daniel Griswald, confessed to multiple sexual encounters with a resident at Rest Haven Home, in Rest Haven, Michigan between March and May, 2008.

According to Rest Haven Nursing Home administrator, Brian Wilson, Griswald was a, "good, solid, employee...nobody suspected anything of him."  According to Wilson, Griswald passed an extensive background check that included a criminal record check and a checking of the Michigan Sex Offender Registry.

Shockingly, Mr. Griswold left the facility's employ abruptly last year citing personal reasons. He turned himself into police in May 2009 and also confessed his crimes to Brian Wilson, Rest Haven's Administrator.

Charges Dropped Against Man Accused Of Sexually Assaulting His Disabled Wife

Felony sexual assault charges have been dropped against a Wisconsin man for having intercourse with his comatose wife.  Prosecutors' case against the man relied on videotapes evidence of the man engaging in intercourse during visits at the Divine Savior Nursing Home in Portage, Wisconsin.

However, the Fourth District Court of Appeals ruled that the videotapes are inadmissible in the case. The court found that the man's  Fourth Amendment rights against unreasonable searches were violated when police installed a hidden camera in the wife's nursing home room.  

According to reports, the couple was married in 1988 and had no children.  Read more about this case involving felonious sexual assault here.

In addition to constitutional issues, this case also demonstrates the need for nursing homes to install video cameras in their facilities to protect disabled patients from potentially abusive visitors..  

I feel that regardless of how you feel about the Appellate Court's ruling, video cameras placed in comatose patients' rooms provide an additional layer of security currently not in place to protect this particularly susceptible group.  What if the incident above involved an intruder or nursing home employee?  How would the prosecutors be able to make their case? 

Related:

District Attorney Endorses Use Of Video Cameras In Nursing Homes

Hidden Camera Reveals Caretaker Abuse By Nursing Home Worker

New York Nursing Home Nurses Charged With Criminal Neglect

Are Group Homes A Viable Alternative To Nursing Homes?

  1. Adult Group homes may provide an alternative to nursing homes for older adults who are at risk of living alone but do not require nursing care.  These homes allow elderly family members to have more autonomy, while still providing convenient access to services.  Adult group homes refer to housing for groups of unrelated adult individuals with disabilities.  In Illinois, there are several categories of adult group homes:
  • Shared Housing Establishment (SHE) – Residence for ≤ 16 persons, at least 80% of whom are age 55 or older. 
  • Assisted Living Facility (ALF) – Residence for at least 3 unrelated adults, at least 80% of whom are age 55 or older.
  • Supportive Living Facility (SLF) – Residential setting that combines apartment-style housing with personal care and other services. 
  • Residential Care Facilities for the Elderly (RCFE) - Provides non-medical care to elderly people in a group living arrangement, frequently providing meals and assisted with laundery and housekeeping.

Cost is an important and often limiting element when determining what type of facility you and your family can afford.  Medicaid can pay for all SLF facility services except room and board, and SLFs cannot charge more than the Supplemental Security Income (SSI) rate.  Medicaid does not pay for ALFs or SHEs, so most residents pay with their own financial resources or with long-term care insurance.  ALFs and SHEs vary in building size (from single family homes to large communities), room size (studio to suites or apartments) and can be freestanding or part of a retirement community.   

SHEs and ALFs do not have age requirements except that 80% of the residents must be age 55 or older.  However, in order to be accepted for residency or remain in residence at a SHE:

  • The facility must be able to provide or secure appropriate services for you
  • You need a level of service or type of service for which the facility is licensed
  • The facility must have sufficient staff with appropriate skill to provide those services

There are also circumstances that may preclude you from being a resident at an ALF or SHE.  Potential residents may not be accepted and current residents cannot be maintained if any of the following circumstances exist:

  • You pose a serious threat to yourself or others
  • You are unable to communicate your needs
  • You need help with an activity of daily living from more than one paid care-giver at any given time
  • You need total assistance (staff or another individual performs the entire activity without your participation) with two or more activities of daily living
  • You need more than minimal assistance in moving to a safe area in an emergency
  • You have a severe mental illness where you are substantially disabled in the areas of self-maintenance, social functioning, activities of community living, and the mental illness is expected to persist for more than one year (this does not exclude persons with Alzheimer’s disease and other forms of dementia)
  • You need treatment that cannot be self-administered or administered by a qualified licensed health care professional (intravenous therapy, replacement of catheter, sterile wound care, feeding tube feedings, routine insulin injections for diabetics)
  • You need treatment of stage 3 or 4 pressure sores
  • You need five or more skilled nursing visits per week for three consecutive weeks or more

Before being admitted to an adult group home, a doctor must perform a comprehensive assessment of your condition including an evaluation of your physical, cognitive, and psychosocial condition, as well as a test for tuberculosis.  Residents with Alzheimer’s disease may be subject to additional evaluations before admission in order for the facility to determine whether it can provide secure and appropriate care. 

Based on this assessment, the facility will develop a service plan that will serve as the basis for the service contract between you and the facility.  This plan must be reviewed and revised, if necessary, every year or immediately after a significant change in condition. 

In Illinois, the Illinois Department of Public Health (IDPH) must license all ALFS and SHEs (list of licensed ALFs and SHEs in Illinois).  Illinois ALFs and SHEs are subject to the Illinois Assisted Living and Shared Housing Act (210 ILCS 9) and the Assisted Living and Shared Housing Establishment Code (77 Administrative Code 295).  These regulations are in place to provide protection to elderly residents who are at risk of abuse and neglect.  Licensed group homes are required to offer certain mandatory services including:

  • Secure housing
  • Laundry
  • Housekeeping
  • Three meals per day
  • 24-hour security
  • Emergency communication response system
  • Assistance with some activities of daily living (eating, dressing, bathing, toileting, transferring, and personal hygiene)

Optional services include:

  • Medication services – Medication reminders, supervision of self-administered medication, medication administration, medication storage, and medication records.
  • Transportation to the doctor
  • Money management or banking
  • Beauty shop
  • Postage or mailing
  • Help with shopping
  • Meals for visitors and guests

Most ALFs and SHEs are not required to have nurses on staff; however, the facility must employ a sufficient number of qualified staff to meet the 24-hour needs of the residents.  At all times, at least one direct care staff person who is CPR certified must be on duty. 

SHEs must have at least one staff member on site at all times, except in emergency situations or short trips.  ALFs must have at least one staff member awake, on duty, and on-site 24-hours a day.  There are also building requirements for ALFs and SHEs.  Both must conform to the applicable building, fire, and life safety codes and must meet the accessibility standards of the Americans with Disabilities Act (ADA).  The facility must also meet environmental requirements designed to maintain a clean, healthy, and safe environment. 

 As a resident of a SHE or ALF, you have all the rights guaranteed under the Constitution of the United States, the Constitution of the State of Illinois, federal resident’s rights, and resident’s rights guaranteed by Illinois statutes.  These include the right to:

  • Live in an environment that promotes and supports your dignity, individuality, independence, self-determination, privacy, choice, and to be treated with consideration and respect
  • Direct and negotiate the terms of your own care
  • Be free of chemical and physical restraints
  • Privacy in financial and personal affairs
  • Review and copy your personal files

The facility must execute a contract between you and the facility and provide you with a copy.  If the facility reasonably believes that you have been a victim of abuse, neglect, or financial exploitation, the facility must remove the alleged perpetrator from direct contact with residents, notify IDPH, conduct its own investigation, and submit a written report to IDPH. 

The federal Fair Housing Act prohibits discrimination on the basis of handicap (mental or physical impairments which substantially limit one or more major life activities).  Adult group homes are subject to state regulations that help protect the health and safety of the residents. 

Abuse and neglect in adult group homes are major concerns for adult group homes.  Elderly adults, especially those suffering physical or mental impairments, are particularly susceptible to nursing home abuse and neglect.  While residents of adult group homes are not as dependent upon staff as nursing home residents, they are still unable to perform all activities of daily living, relying on group home staff members to provide proper services and assistance.  Several recent news stories reveal horrific violations of the law and human decency, when group homes mistreat their adult residents. 

Unlicensed group home

California investigators recently shut down an illegal and unlicensed adult group home in San Bernardino, CA, that was described as having prison camp conditions.  The facility was surrounded by razor wire fences and padlocked gates.  Investigators reported that 22 elderly adults, some suffering from mental impairments, were abused, crammed into converted chicken coops, and forced to use buckets as toilets.  Some of the residents were living in rooms as small as 6 by 15 feet, with two beds and a mattress in the room.  The owner, 61-year-old Pensri Sophar Dalton, was arrested and charged with 16 counts of causing harm to elderly adults.  After the facility was shut down, most residents were picked up by family members or taken to licensed facilities. 

Physical and emotional abuse of residents in a group home

NBC news reported that a Michigan special investigative report revealed that residents at a group home in Flint, MI suffered emotional and physical abuse at the hands of the owner and her boyfriend.  One resident alleged that he was locked in a closet after not following orders.  Neighbors are concerned for the elderly residents because they are not being removed immediately because of a complicated appeals process. 

Adult group homes can be a helpful alternative to nursing home facilities; however, residents are still susceptible to elder abuse and neglect.  Therefore, families should thoroughly investigate facilities before placing their loved ones in the hands of an ALF or SHE. 

Rosenfeld Injury Lawyers is committed to the the safety of all individuals living in group homes-- young people, teenagers, adult and elderly.  

We are proud to have successfully represent individuals living in group homes who have suffered many types of injuries including: sexual abuse, food poisoning, physical abuse, as well as other types of injuries due to improperly maintained property.

If you suffered an injury in a group home, we welcome would be honored to speak with you.  As we have done for more than 30 years, all consultations are completely free and confidential.  Should you wish to retain our office, there is never an attorney fee charged, unless we recover for you.

Providing nationwide legal representation: (888) 424-5757 

 

Thanks to Heather Keil, J.D. for her research with this important topic.

Resources:

Illinois Department of Public Health: Assisted Living / Shared Housing Licensed Establishments

Illinois Department of Public Health – Assisted Living / Shared Housing Initial License Application

Illinois General Assembly: 77 Illinois Administrative Code 295 – Assisted Living and Shared Housing Establishment Code

U.S. Department of Justice: Group Homes, Local Land Use, and the Fair Housing Act

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Lawsuit Claims That Nursing Home Failed To Intervene In Case Involving The Sexual Abuse Of A Patient

A lawsuit has been filed against the LaSalle County Nursing Home by the guardian of a female patient at the facility who was sexually abused by male patient at the facility.  

The lawsuit alleges that between January and May, 2009 the staff at LaSalle County Nursing Home failed to implement preventative measures that would have protected the woman.  Specifically, the suit claims the staff allowed the man to access to the disabled woman's room after they had knowledge that the man had acted sexually aggressive towards other patients.

This is the second lawsuit filed against LaSalle Nursing Home related to the same sexual perpetrator. An investigation by the Illinois Department of Health, determined that the facility made multiple errors related to the protection of patients at the facility.  State and federal authorities fined the facility $20,000 for their errors.  Additionally, the administrator and social service director were also replaced after the investigation.

While it certainly is nice to see changes made at this nursing home in the wake of this alleged sexual abuse, I frankly think that these lawsuits will have more effect on improving patient care. Particularly in cases involving widespread errors by staff, civil lawsuits can be the impetus to change.

Read more about this lawsuit against an Illinois nursing home here.

Related:

LaSalle County Nursing Home Cited For Failing To Protect Residents From Sex Abuse

Murderers, Rapists, And Other Violent Criminals Living With The Elderly

Nursing Home Attorney, Jonathan Rosenfeld, Discusses Elder Abuse In News Article

Nursing Home Fails To Report Suspected Sex Abuse To Authorities

Bourbonnais Terrace Nursing Home was recently fined $20,000 by the Illinois Department of Public Health for failing to timely report two episodes of alleged sex abuse.  An annual nursing home inspection conducted by state inspectors revealed that Bourbonnais Terrace waited three months to report the incidents involving abuse of patients at their facility to authorities. 

The state inspection also revealed that the alleged perpetrator has a history of mental illness and was also convicted of murder in 1990.  When making their report, nursing home officials failed to disclose the perpetrators criminal history.

State and federal laws require nursing facilities to report suspected criminal acts at their facilities to authorities. 

"The facility did report the incident to us. But because of the way they wrote the report, we did not forward it to the state police," Melanie Arnold, a spokesperson for the Illinois Department of Health said. "They left out some of the information that denotes this person was an identified offender."

Situations such as this highlight some of the problems I encounter when prosecuting nursing home abuse and neglect cases.  Too often, nursing facilities take it upon themselves--  if and when to report situations involving harm to patients.  In this case, a fine is certainly justified because it certainly appears that nursing home officials deliberately attempted to cover-up this case of sex abuse.

Despite what certainly appears to be a 'cover-up' Bourbonnais Terrace announced it plans to appeal the fine.

Resources:

Sex abuse unreported in nursing home
, The Daily Journal, September 19, 2009

Illinois Department of Health, Bourbonnais Terrace Nursing Home, March 23, 2009 Survey (Pay attention to resident '31')

Murderers, Rapists, And Other Violent Criminals Living With The Elderly, Nursing Homes Abuse Blog, July 23, 2008

Nurse Charged With Rape Of Disabled Patient

After a six-month investigation by a New York grand jury, a licensed practical nurse (LPN) is now facing formal criminal charges of: second degree rape and endangering the welfare of an incompetent or disabled person.  

This story first came to light when a complaint was reported to the New York State Department of Health that Kipper Allen Stevens had sexual relations with a disabled female patient at Shore Winds Nursing Home.  Shore Winds suspended Stevens during the health department investigation. 

Stevens will be in Monroe County Court on July 21.  No word yet on how Stevens will plead to these criminal charges.  Read more about this case involving the rape at a new york nursing home here.

How can you protect your family from nursing home violence?

When it comes to protecting nursing home patients from violence in the facility, it is particularly important to become familiar with the safeguards a facility has in place to protect its residents.  With respect to abuse nursing home employees, all facilities should conduct a thorough background search, reference check and criminal background screening.  Today, many states make this pre-hire screening process mandatory.

When selecting a facility, it is important to ask difficult questions in a direct way to administrators and executive staff-- if you are not satisfied with the response or the staff is 'put off' by your request, it may be time to look for another facility.

The following may be a useful starting point when asking a facility about their crime prevention:

  • Are criminal background checks done on all employees?
  • Are criminal background checks done on all residents?
  • What is the sign-in procedure for visitors?
  • Does the facility employ any security personnel?
  • Does the facility care for any 'younger' residents?  Are they allowed to freely interact with other residents?
  • Have any violent crimes taken place at the facility?
  • Are doors and windows kept secure?

If you suspect your loved one was a victim of abuse or violence, it is important to contact your local law enforcement immediately.  A timely investigation, can help insure all evidence is collected and witnesses are contacted before their memories fade.

Related Nursing Homes Abuse Blog Entries:

New York Nursing Home Investigated Over Sex Abuse Claims

LaSalle County Nursing Home Cited For Failing To Protect Residents From Sex Abuse

Should Criminal Background Checks Be Required At All Nursing Homes?

 

Atleast 50 Convicted Sex-Offenders Living Freely In Illinois Nursing Homes

One of the most disturbing cases, my office is working on, involves a mentally and physically impaired woman who was raped by another resident at a skilled nursing facility.  As if the crime itself wasn't horrific enough, a review of the records has revealed that the other residents had complained about the individuals making sexual advances towards them-- yet the facility failed to take any actions. Lastly, the individual was a convicted sex offender, living freely and completely unknown to the other residents.

Wes Bledsoe's group, A Perfect Cause, is committed to protecting nursing home residents by protecting patients from violence.  I was honored to help Wes identify convicted sex-offenders living amongst the general nursing home population in Illinois.  Our search confirmed at least 50 sex offenders living in Illinois Nursing Homes

If you would like to see if there are any sex offenders living an Illinois facility, look here and cross reference with the address of the facility.

We were able to identify 50 of these offenders within hours.  Is it too much to ask, that facilities spend a few moments searching the database before accepting new residents? 

Federal law requires nursing homes provide the highest level of case possible.  In my humble opinion, this means conducting background checks of all employees and patients to assure the safest environment possible.

Related Entries:

94-Year-Old Charged With Raping Co-Resident In Oklahoma Nursing Home

Nursing Home Crimes Go Unreported

"Nursing Homes Abuse Blog" Quoted In Article On Nursing Home Abuse

Update On Nursing Home Rape: Facility Made Errors In Investigation Of Incident

As we recently discussed, a 94-year-old resident at Grace Nursing Center was charged with the rape by instrumentality after assaulting another resident at the facility.  Now, details of the matter have been revealed in an Oklahoma Department of Health report

The report concludes that the nursing home made errors in how they handled evidence from the assault and failed to act when staff saw the perpetrator acting inappropriately towards other nursing home residents days before the rape occurred.  Among the errors detailed in the report:

  • The facility failed to timely notify the victims family after the incident-- the facility waited more than 1 hour, 35 minutes to report the incident to family
  • Failing to protect evidence of alleged crime-- the facility washed the victims bed linens and the perpetrators clothing immediately after the incident
  • The nursing home administrator and staff physicians were not timely notified after the incident
  • The facility failed to take preventative measures with respect to the perpetrator-- days before a nurses aide saw the man inappropriately touching other nursing home residents and pulling up their shirts

A Perfect Cause founder, Wes Bledsoe says the facility is to blame for the incident itself, "I hold the facility accountable for this, if not more so than the assailant in this case."

The perpetrator will not stand trial for the rape charges as he died just days after the Oklahoma District Attorney filed the charges. Read more about the sex assault of a nursing home resident here.

Resources For Sex Abuse Victims

Dru Sjodin National Sex Offender Public Website

Faith Trust Institute

National Domestic Violence Hotline

National Sexual Violence Resource Center

Nusing Home Supervisor Admits To Abusing 100 Residents

John Riems, a former nursing home supervisor at Conrad Care and Rehabilitation Center in Ohio. During questioning by prosecutors, Reims admitted to abusing nearly 100 patients during his 22-year career at nursing homes.  Reims is under investigation from an original charges involving the allegations of abuse involving a 55-year-old blind man and a partially paralyzed man in his 80's.  Fourteen more felony counts have been filed against Mr. Reims since the investigation began-- 12 counts of rape and two counts of felonious sexual penetration.  Read more about this Ohio nursing home story here.

I certainly believe in 'innocent until proven guilty,' but with this type of evidence against him, it certainly looks like Mr. Riems at the very least neglecting his nursing responsibilities and at worst perpetrating disgusting crimes against innocent elderly.  In Illinois, nursing home's must screen all employees to prevent any person with a criminal record from interacting with the nursing home residents.

About Jonathan Rosenfeld

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Jonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities.   Jonathan has represented...

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