A 19-year-old former nursing assistant was convicted of having inappropriate sexual contact with two residents in a Wisconsin nursing home. He was sentenced to 10 years in prison, followed by 10 years extended supervision, and will also spend 15 years on the state’s sex offender registry.
The investigation began when the former CNA self-reported that he had inappropriate physical contact with a resident. The Circuit Court records state that the then-18-year-old told investigators that he was bathing a resident when it turned sexual. According to the criminal complaint, he acknowledged that he was aware that the elderly patient was not able to consent to this contact.
Prosecutors filed a second count after learning that there was an additional alleged victim. The former CNA pleaded guilty to one count of second-degree sexual assault of a mentally ill victim. In exchange for his plea, the second charge was dismissed, but was considered during the sentencing hearing.
The former employee had received his CNA certification just two weeks prior to his arrest.
Issue:
Keeping residents safe and free from abuse, neglect, and exploitation should always be a top priority for administration and staff. Failure to prevent any type of abuse may be considered a breach of resident’s rights and deemed immediate jeopardy, provision of substandard quality of care, and a violation of state and federal regulations, with citations and sanctions applied.
Discussion Points:
- Review policies and procedures for preventing abuse, neglect, and exploitation. Ensure these procedures include monitoring of interactions between staff and residents with diminished mental capacities, and determine if improvements are needed. Update policies and procedures as needed.
- Ensure that all staff receive appropriate abuse identification and prevention training during new hire orientation and at least annually thereafter. Educate staff on appropriate interactions between employees and residents with diminished mental capacities. Also, train employees to immediately report any suspected or observed incident to a supervisor or through the Hotline. Document that the trainings occurred and file the signed training document in each employee’s file.
- Review training records to ensure that all employees and other agents of the facility receive abuse training during new employee orientation and at least annually thereafter. Periodically audit staff performance to ensure that they are following procedures for interacting appropriately with all residents, with a frequent focus on those with diminished mental capacities.
