What Is Going On Here? Another Nursing Home Resident Sexually Assaulted In Indiana Facility

Indiana Police are currently investigating a suspected sexual assault of a 76-year-old patient at the Alpha Home Rehabilitation Center.  Police believe the elderly woman was assaulted in her room at the skilled nursing facility.  The incident remains under investigation by local police as they are unsure if the assault was perpetrated by an intruder or an employee at the facility. Currently, no suspects are in custody.

Related Nursing Homes Abuse Blog Entries:

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

Nurse Charged With Rape Of Disabled Patient

Nursing Home Fails To Report Suspected Sex Abuse To Authorities

Mentally Disabled Patients Composing A Larger Portion Of Nursing Homes Population. Is Your Loved One At Risk?

Nursing home facilities often house young and middle-aged residents suffering from mental illness (including schizophrenia, depression, and bipolar disorder) with older nursing home residents.  In some cases, this has led to violence against already frail elderly residents. 

Younger mentally ill people now make up more than 9% of the nation’s almost 1.4 million nursing home residents.  Last year, there were almost 125,000 young and middle-aged adults with serious mental illnesses living in nursing homes in the United States.  This was a 41% increase from 2002, when only 89,000 mentally ill people ages 22 to 64 lived in nursing homes.  The federal government helps pay for nursing home residents’ care under Medicaid so long as the facility’s mentally ill population stays under 50%.  If the population of mentally ill residents is above 50%, the facility is classified as a mental institution and is no longer eligible to receive funds under Medicaid.   

Illinois has the highest number of mentally ill adults under age 65 living in nursing homes.  This is in part because Illinois only has 1,480 public hospital beds for mentally ill patients since the state shut down seven state-run mental hospitals since 1980.  Under federal law, nursing homes may only admit mentally ill patients if the state has determined that the person needs the high level of care the nursing home can provide. 

Mentally ill nursing home residents are often younger and stronger than the elderly nursing home population.  This leaves elderly residents less able to protect themselves when younger mentally ill residents suffering from behavioral problems and become aggressive and violent.  There are also correlations between nursing home residents suffering from dementia and increased aggression despite antipsychotic drugs. 

Elderly nursing home residents are already at greater risk of injury because of frail or weak bones, underlying disease, and weakness.  In addition, many nursing home residents are bed-bound, restricted in movement, or in wheelchairs, also making it more difficult for them to remove themselves from potentially dangerous situations involving mentally ill residents.   

In May 2008, a Chicago nursing home resident (Ivory Jackson – age 77, suffering from Alzheimer’s) at All Faith Pavilion was beaten with a clock radio by his roommate who was almost thirty years younger.  Mr. Jackson later died from his injuries.  The attacker, who had a history of aggression and “altered mental status,” was ruled unfit to stand trial and now resides in an Illinois state mental hospital.  All Faith Pavilion was fined $32,500 for failing to prevent the deadly assault. 

In January 2009, a 21-year-old mentally ill nursing home resident suffering from bipolar disorder with aggression was charged with raping a 69-year-old fellow nursing home resident at a facility in Elgin.  The mentally ill resident was admitted to the nursing home facility despite a history of violence and was left unsupervised even after telling staff that he was feeling sexually frustrated. 

In light of recent violent episodes (assaults, rapes, and murders) occurring in nursing homes, Illinois lawmakers have organized a Nursing Home Safety Task Force to improve Illinois’ nursing home system and ensure the safety of residents.  The Task Force hopes to deliver recommendations for improving the state nursing home system to Governor Quinn by January. 

What can you do?

If you are concerned about the living conditions of a loved one, here are some simple suggestions:

  • Ask the facility about their policy with respect to accepting patients with criminal backgrounds and/or mental illness.
  • Look at your state's sex offender registry, many states offer the opportunity to input a specific address-- such as a nursing home-- to see if any convicted offender live there
  • Visit a facility multiple times before placing a loved one there.  Does it seem safe?  
  • Check with your local police and see if any reports of violence have been reported at the facility.
  • Report all violence to the police immediately

Sources:

Medical News Today: Patient Groups Tackle Stigma Attached to Bipolar Disorder and Other Mental Illnesses With New Tools

The Gerontologist: Mental Health Correlates of Aggression in Nursing Home Residents With Dementia

MSNBC: Mentally Ill Endanger Nursing Home Patients

US News: Health Buzz: Mentally Ill in Nursing Homes

Illinois Nursing Home Safety Task Force

Associated Press: Task Force Targets Violence in Illinois Nursing Homes

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?

 

Nursing Home Worker Charged With Raping A Wheelchair-Bound Patient At Rhode Island Facility

Another nursing home employee faces criminal sexual assault charges following the alleged rape of a 56-year-old paraplegic patient at Charlesgate Nursing Center in Rhode Island.  According to nursing home administrators, this employee passed a criminal background check prior to his employment.  The patient asserts that this was at least the second occasion she was raped by this employee.  If this is the case, this facility may open itself to civil liability for inadequately supervising this employee.

Charlesgate owns seven nursing homes, assisted living centers, and independent living centers in Rhode Island.

  • Charlesgate Nursing Center
  • Charlesgate Assisted Living
  • Charlesgate Independent Living
  • Charlesgate North
  • Charlesgate South
  • Charlesgate East
  • Charlesgate Park West
  • Parkis Place

Related Nursing Homes Abuse Blog Entries

Nursing Home Worker Charged With Sexually Assaulting Resident In Virginia Facility

CNA Sexually Assaults Two Residents In North Carolina Nursing Home

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

Nursing Home Abuse: Texas Nursing Home Worker Caught Punching Resident

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

Man Charged With The Rape Of Fellow Resident In Illinois Nursing Home

The Daily Herald, a Chicago-area newspaper, reported that 21-year-old Christopher Shelton is being held in a Kane County jail on charges he raped a 69-year-old woman at nursing home where they were both residents.  Kane County court records show Mr. Shelton is charged with one count of criminal sexual assault, one count of aggravated criminal sexual assault (with bodily harm), and one count of criminal sexual assault of a victim over 60.

The alleged nursing home crimes took place at Maplewood Care Center in Elgin, IL on January 17th.  Elgin police said they were called to Maplewood to investigate the assault of a female resident.  When police arrived, they found Shelton hiding in the bathroom adjoining the woman's room.

Kane County court records show that Shelton has no criminal record.  Shelton is being held on $500,000 bond and has a hearing later this month.

Nursing homes caring for a residents of mixed ages need to take precautions to assure the safety of every resident--- this should include maintaining separate quarters for younger residents.  Additionally, nursing home staff should monitor residents to catch suspicious activity before it turns into something more problematic.

Rape Of Cerebal Palsy Patient Reported In St. Louis Nursing Home

A janitor at the Normandy Nursing Center, a St. Louis, Missouri nursing home, was arrested and charged with raping a resident at the facility.  The victim is a 36-year-old woman suffering from Cerebal Palsy and seizure disorder.  The alleged incident took place on December 21st when the janitor attacked the woman in a stairwell and raped her.  The alleged perpetrator is being held in the St. Louis County Jail on $200,000 cash only bond.  According to the administrator at Normandy Nursing Center, the alleged perpetrator has worked at the facility for a year and a half and passed a background check. Read more about this nursing home rape here.

Normandy Nursing Center received 2 out of 5 starts as a total rating for the facility according to Medicare's Nursing Home Compare website.  The for-profit facility is capable for 116 residents.  When it comes to staffing levels at the facility, Normandy rated poorly receiving just 1 out of 5 stars.  Normandy's staffing levels were significantly below the staffing levels for both national and Missouri nursing home averages.  Dare I say that had Normandy provided more staff to look after residents, this nursing home rape may have been prevented?

New Nursing Home To Be Built For Sex Offenders

Ever think where many of the violent criminals crowding our jail system will go when they are done serving their sentence? Unfortunately, many convicted felons will spend their senior years in a nursing home intermixed with the general population.  For many convicts, their mingling with other senior in a non-restrictive environment is their first exposure to freedom.  

Age has not softened the criminal propensities of many criminals.  According to Wes Bledsoe, founder of A Perfect Cause, estimates that convicted felons living in nursing homes account for more than 60, murders, rapes and assaults to other nursing home residents living among them each year.

Currently, there is little regulation at a state or federal level to keep tabs on aging criminals.  Many of the elderly criminals have been released into the general population before the development of sex offender data bases or other tracking methods were developed.

Oklahoma nursing home residents are one step closer to living in safety as state officials move closer forward in the construction of a nursing home dedicated to the housing of convicted sex offenders. The nursing home for 'elderly felons' would have special provisions such as 24-hour security to protect the residents as well as the general public.

This is a welcome concept whose time has come.  Nursing home residents deserve to live in safety and free from violence.  Unfortunately, this concept of segregated nursing homes for violent offenders is still years away from national availability.  In the meantime, nursing home should conduct background checks and surveys to help in identifying potentially violent residents. Further, nursing home staff should always be on the look out for any violent or aggressive behavior in their facilities.

 

Solution To Sex Offender Problem- Separate Them

Recent congressional testimony has highlighted the presence of sex offenders and other violent offenders amongst the general nursing home population. The American Health Care Association asked Congress to help improve the tracking of sex offenders and develop a definition of "sex offender" in an effort to improve residents' safety.

Oklahoma State Representative Kris Steele, who recently spoke before Congress, has come up with a solution to ensure the safety of the elderly in nursing homes. Representative Steele has authored a bill designed to establish separate long-term care facilities for sex offenders. The state Legislature passed the bill and Oklahoma is currently seeking contractors to build a facility.  For further information on Oklahoma's plan look here.

This is a simple solution for an increasingly dangerous problem for our elderly.  Unfortunately for the more than 1.6 million people living in nursing homes, they have no choice as to who they live with.  Under the current system most nursing homes are 'forced' to accept any person who qualifies under the Medicare / Medicaid system--violent offenders included.

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

More than 1,600 registered sex offenders are currently living amongst the elderly in nursing homes throughout the country according to a nursing home watchdog group. Wes Bledsoe, a nursing home safety advocate, tracked the number of sex offenders living amongst the general nursing home population by matching addresses from the sex offender registry with the Medicare database. The total number of felons living in nursing homes is even higher as many criminal convictions are not publicly available.

Currently there are no federal or state laws to keep violent offenders out of nursing homes and other long-term care facilities. Many of the violent offenders could be easily identified by nursing home administrators prior to their admission. Conducting a criminal background check, similar to those used for nursing home employees, would alert the facilities to those individuals who have criminal histories.

A criminal background check should be conducted universally for all nursing home residents--not just the young or able bodied. Nursing home residents are entitled to live in a safe place--free from abuse and violence. The relative cost of conducting these checks is more than justified when it comes to enhancing the safety of our elderly population.  Read more about the criminals living amongst our elderly here.

Failure To Properly Screen CNA Could Cost Facility 3.5 Million

A lawsuit was recently filed on behalf of a mentally disabled man who police say was sexually assaulted by a CNA at an assisted-living facility.  The lawsuit alleges that the Cote De Neige Home for Adults and its owner, Rose Daniels Potter, failed in their duty to exercise "reasonable care" when they hired Junious Boyd Batten for a job as a certified nursing assistant in a facility with developmentally impaired residents.

The home "knew or should have known that (Batten) was unfit, unsuitable, untrustworthy and incompetent for the position ... and was likely to cause injury and harm to residents," the lawsuit contends, saying the home showed "reckless disregard" for the safety of its residents. The suit also says the company didn't adequately supervise Batten, instead making him an assistant administrator.

The civil lawsuit includes a list of 13 criminal offenses that Batten was charged with before, or during the time, he worked at Cote De Neige. The list includes several dismissed charges, as well as four that he was found guilty of: a public intoxication charge, two assault and battery charges, and a contempt of court charge.

The owner was aware of Mr. Batten's criminal past and still hired him to work with particularly susceptible people.  Despite the extensive history, the owner claims that she had no way of knowing from the background check that Batten could end up being accused of sexually assaulting the home  residents.

This situation is exactly why all nursing home and long-term care employees with criminal records should be banned from working with seniors and the developmentally challenged.  Read more about this case here.

 

Health Care Worker Registry

"No health care employer shall hire, employ, or retain any individual who has a disqualifying conviction or an administrative finding of abuse, neglect or theft pursuant to 42 CFR Section 483.13 and 225 ILCS 46/25"

Ever wonder how you can check on the staff at a nursing home or a home care-giver?  The Illinois Department of Public Health has created the Health Care Worker Registry to provide information on:
administrative findings, date of last criminal background check, last employment verification, waivers and program affiliations.  All you need is the persons name to begin the background check.  It is easy and free.