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

Convicted Felon Sexually Assaults Disabled Patient In Virginia Nursing Home

Aggravated battery charges have been filed against 49-year-old Sidney Mitchell, after he allegedly 'touched' a 79-year-old Alzheimer's patient at Emporia Manor Nursing Home.  An employee of the nursing home witnessed Mitchell approach the Alzheimer's patient in a TV-room when he began to inappropriately touch her.

Police were called to the Virginia nursing home immediately after the incident occurred and a warrant was soon issued for Mitchell's arrest.  

According to news reports, Sidney Mitchell is a convicted felon with prior larceny charges.  Mr. Mitchell is scheduled for a preliminary hearing on November 4, 2009.  

My Take:

First of all, why is a 49-year-old living freely amongst elderly patients with Alzheimer's?  Regardless, of Mr. Mitchell's criminal history, it generally is a prescription for trouble when facilities co-mingle patients with significant age disparities at the same facility.

Secondly, why to facilities consistently fail to check public records on their patients?  Sure, reporters are eager to get information on their stories, but isn't a quick check of public records justified especially in a cases of a 49-year-old who is living in a nursing home?

Related Nursing Homes Abuse Blog Entries

Failure To Conduct Adequate Pre-Employment Criminal Background Search Costs Assisted Living Facility $750,000

$29 Million Sought From Nursing Home In Case Involving Molestation Of Comatose Resident

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

Young, Mentally Ill Residents Pose Significant Threat To Nursing Home Residents

 

Update On Illinois Nursing Home Molestation- Officials Ousted

Perhaps in response to the attention heaped on the LaSalle County Nursing Home after female patients were sexually assaulted by another male patient-- three officials at the facility have resigned on been fired.  An interim administrator has been hired to manage LaSalle Nursing Home after the former administrator, director of nursing and social service director were either forced out or resigned voluntarily.

The staff shake up comes after Illinois Department of Health and the U.S. Centers for Medicare and Medicaid Services each fined the the facility $20,000 for violating patient rights and failing to protect patients from harm.

Resources:

Shake-up at county nursing home, The Times, 9/12/2009

LaSalle County Nursing Home Cited For Failing To Protect Residents From Sex Abuse, Nursing Homes Abuse Blog, 7/2/2009

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

Illinois Nursing Home That Turned 'Blind Eye' To Sexual Assaults Now Faces Fines

The LaSalle County Nursing Home is a medium-sized 99 bed nursing home facility in Ottawa, Illinois.  On June 6, 2009, the Illinois Department of Public Health (“IDPH”) released a report following an investigation, revealing that a male resident at LaSalle County had molested ten female residents. 

LaSalle County now faces fines from authorities.  The IDPH recommended to the U.S. Centers for Medicare and Medicaid Services (“CMS”) that LaSalle County pays $20,000 plus $100 per day that the facility is not in substantial compliance.  The IDPH is also considering fining the nursing home facility.

According to the government’s Medicare website, the facility received only two out of five stars, which is a below average rating, receiving three out of five stars for health inspections and one out of five stars for nursing home staffing.  In the past year, the nursing home had ten health deficiencies, which is two more than the average number of health deficiencies in Illinois and in the United States.  The number of health deficiencies has increased over the past two years.   

The IDPH’s report revealed that a male resident targeted female dementia patients and other female residents in order to perform sexual acts.  On ten different occasions, the male resident succeeded in molesting female residents, without proper action being taken by nursing home officials.  LaSalle County failed to comply with six state requirements including failing to protect current residents and failing to administer the facility to prevent repeated occurrences of sexual abuse.  The unidentified sexually abusive resident has now been removed from the facility. 

The IDPH’s report revealed that the facility failed to protect and provide interventions for ten residents who were sexually abused from January 17, 2009 through May 26, 2009.  These failures resulted in placing the entire nursing home population at Immediate Jeopardy.  Nursing home facility had noticed questionable behavior by the resident including touching female residents, kissing female residents, getting angry at nursing home staff for watching him, exposing himself, and inappropriate language. 

The nurses were told to watch the resident in question and were instructed to remove female residents from his attention.  Many of the female residents who were targeted by the male resident suffered from dementia and did not understand what was happening.  Several of the victims were also non-verbal, unable to say anything about the abuse. 

LaSalle County Nursing Home is required by the State to ensure that all alleged violations involving mistreatment, neglect, or abuse are reported immediately to the administrator of the facility and to other officials in accordance with State law.  The facility must have evidence that all alleged violations are thoroughly investigated, and must prevent further potential abuse while the investigation is in progress.  This LaSalle County facility did not meet this requirement because it failed to conduct investigations for fourteen reports of sexual assault by one male resident on female residents. 

The facility also failed to follow its Abuse Policies and Procedures by failing to recognize an abusive situation, failed to train staff, failed to protect victims, and failed to thoroughly investigate allegations of abuse for ten residents.  The facility also failed to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident for each of the ten sexual abuse victims.

Nursing home residents, especially those who are weak or suffering from illnesses such as dementia, are susceptible to many forms of abuse, including abuse by fellow residents.  The nursing homes are charged with ensuring the highest physical and mental health of its residents, which includes preventing and reporting any signs of abuse, including sexual abuse. 

Resources:

NewsTribune – LaSalle County Nursing Home Fined in Residents’ Abuse Case 

MayoClinic – Dementia

IDPH – LaSalle County Nursing Home

Medicare – LaSalle County Nursing Home

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

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

This past weekend a West Virgina nursing home resident was sexually assaulted by a visitor.  A manager of the Valley Haven Geriatric Center in Brook County called police when they noticed an elderly man acting inappropriately towards a female resident.  The man identified as 81-year-old William Jones was arrested for sexual assault but remains free on bond.

According to Brooke County Sheriff, Richard Ferguson, Jones and the victim were relatives.

Was this perpetrator a known problem?  Did the resident actually want to see him?

Visitors In Nursing Homes

Visiting a nursing home resident is a privilege-- not a right.  Nursing home staff can and should restrict individuals who pose a treat to the physical and psychological well-being of residents.  One of the most basic things nursing homes can do to protect their residents is to have a sign in system for every person who enters the facility.  In cases where a resident is disabled or unable to manage her affairs, the person's family should decide who can and can not see her. 

Facilities should also periodically check-in during the visitors stay.  Not only does this safeguard the residents', but it also gives visitors an opportunity to connect with staff who provide ongoing care.

No word regarding this perpetrators history of visits at Valley Haven.

Read more about this sexual assault of a nursing home resident here.

Resources For Nursing Home Visits

Tips When Visiting A Nursing Home, Ohio Department On Aging

Health Tips for Visiting Nurisng Homes And Hospitals, Centers For Disease Control

Nursing Home Visits. An Opportunity To Conduct Your Own Inspection. Nursing Homes Abuse Blog

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.

Dangerous Nursing Home Ordered To Close Following Discovery Of Conditions Posing 'Immediate Jepardy' To Its Residents

I was recently forwarded an articled from Indyweek.com, regarding the outrageously horrid conditions at Forest View Rehabilitation Center in Durham, North Carolina.  The article highlights multiple incidents of downright disgusting patient care and dangerous living conditions that resulted in authorities ordering the facility to shut its doors.

Among the conditions documented by state nursing home inspectors in their investigations reveal the following:

  • Failure to provide pain medication to residents with advanced pressure sores
  • Sexual assaults committed on mentally disabled residents by other residents at the facility
  • Fire ant bites on residents bodies
  • Urinary tract infections- there is documentation that the staff used a fecal crusted towel to wash a urinary catheter
  • Residents were catheterized without doctors orders
  • Failing to have a registered nurse at the facility for more than 24 hours at a time
  • Staff allowing a resident in a power wheelchair to tip over in a nursing home transport van

Obviously the problems documented demonstrate a complete lack of staff oversight and disregard to patient care.  When confronted with the investigators findings, the unnamed administrator at Forest View stated she "was unaware" of the many nursing home violations occurring at the facility.  When confronted by the fact that there was no registered nurse on duty for more than 24 hours-- in direct violation of Federal Regulations-- the Director of Nursing responded, "she did not think about registered nurse coverage for the day."

Forest View Rehabilitation Center is a 138-bed nursing facility.  It is a for-profit nursing home owned by Durham Manor LLC.  Durham manor is managed by Epic Group.  Epic Group is owned by W. Stewart Swain.

Related Nursing Home Investigation Documents

Part 1: improper administration of pain medicine, improper catheter use and cleanliness, an accident involving a wheelchair that had not been adequately strapped down in a transport van, repeated falls, fire ant invasion; physical assault. (download: Report #1)
Part 2: sexual assault, no registered nurse on duty for several days. (download: Report #2)
Part 3: a resident’s hair was matted and dirty; a resident was sent to the hospital emergency room without medical or family information. (download: Report #3)
Part 4: improper care of a skin graft wound, repeated falls (download: Report #4)
Part 5: failure to notify family of a resident’s broken left hand, bedpans not labeled with residents’ names and stored improperly (download: Report #5)

Nursing Home Staff Does Nothing To Stop Known Molester From Assaulting Disabled Woman

A female resident at the Grace Living Center in Edmond, OK  was recently assaulted by another resident with a known history of molesting other patients.  According to reports, the victim was admitted to the nursing home only 14 hours prior to the incident.  Making the matter worse is that the victim was disabled from a medical condition and it impossible for her to defend herself from the attacker.

The nursing home staff waited for orders from a supervisor before removing the disabled woman from the dangerous situation.  After the woman was removed from the area she received medical treatment for various injuries and bleeding. 

Making this incident all the more disappointing was the fact that the alleged perpetrator had a history of similar attacks.  Staff at the nursing home told, Oklahoma Department of Health Investigators that the man, 'liked to go into women's rooms who couldn't call for help.'  In fact the nursing home documented two incidents in the days prior to this attack when the same man was observed groping disabled nursing home residents. 

The nursing home staff immediately removed the bed linens and clothing from the room when this incident took place and sent them to the laundry before the police or health department were notified.

The district attorney's office is considering filing criminal charges against the alleged perpetrator for this sexual assault.  The real blame for this incidents rests squarely on the shoulders of this nursing home for not doing enough to prevent violence amongst its residents.  Perhaps the district attorney should consider criminal charges against the nursing home administrator for allowing a known sexual predator to have access to disabled nursing home residents.   At the very least, filing criminal charges against sex assailants and nursing home management makes the public aware of these dangerous situations.

Read more about the incident involving nursing home abuse here.

'Senior Sitter' Charged With Sexual Assault Of Nursing Home Residents

In a new twist on the widely reported under-staffing in many nursing homes, some families of nursing home residents have chosen to provide supplemental care for their family members by hiring private sitters.  Similar to baby sitters, the senior sitters are intended to provide additional supervision and assistance for individual nursing home residents.  Because these senior sitters are not employees of the nursing homes, they are not regulated or subject to background checks.

The story of a senior sitter, who sexually assaulted several nursing home residents made headlines, recently.  The incident will hopefully increase public awareness about all visitors to nursing homes.  No matter how harmless or well intentioned a visitor may seem, nursing homes must take basic steps to safeguard the well being of their residents.  Nursing homes should not only keep an accurate record of visitors, but they should also keep track of the visitors whereabouts while they are in the facility.  Read more about this sad incident involving sexual assault in a nursing home here.

 

Nursing Home Rapist In Custody

40-year-old, Roberto Cruz Recendes, was extradited to the United States and placed under arrest for the 2002 beating and rape of a 94-year-old woman in a Palo Alto assisted living center, according to Palo Alto Police.  The arrest stems from a May 10, 2002 incident at an assisted living facility.   Police responded after a resident reported she had been beaten and raped by an intruder, agent Dan Ryan said.  Recendes lived near the facility at the time of the incident and since relocated to Mexico.

Currently, Recendes is charged with one count of sexual assault during the commission of a burglary and one count of elder abuse with great bodily injury, according to Ryan. He is being held in the Santa Clara County main jail without bail.  Read more about this case of elder abuse here.

It is great that law enforcement officials were able to work together to track down this guy.  The question remains: Was this incident preventable in the first place?  The answer most likely is a resounding 'yes.'  Nursing homes and assisted living facilities have a duty to provide safe environments for their residents.  This includes screening all people who enter the facility, securing all windows and doors and most importantly--carefully monitoring the residents.

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.