Custodian Accused of Sexually Assaulting NH Nursing Home Resident
A former custodian for a New Hampshire assisted living facility was arrested in April on three misdemeanor charges of simple assault, sexual assault, and abuse of an elderly 86-year-old resident with dementia. He was indicted by a grand jury for sexual assault and was recently found not guilty of sexual assault but convicted of simple assault. He is scheduled to be sentenced on December 12.
The alleged assault occurred in the resident’s bathroom located in the memory care unit of the facility. An aide reported witnessing the accused inappropriately touching the woman after she heard the woman making loud noises.
Police report that video coverage of the area showed the custodian entered the resident’s room, left the room to get some cleaning supplies, and then returned. He was visible through a crack in the open bathroom door. Police said that the video showed that an aide entered the room and first looked away but then walked closer to the door. The accused is seen leaving the room a minute later.
The facility terminated the custodian after investigating the incident.
Compliance Perspective
Failure of a facility to protect residents and prevent abuse and neglect by employees may be considered a violation of residents’ rights to personal privacy, personal dignity, and freedom from abuse and neglect, and may be considered provision of substandard quality of care, in violation of state and federal regulations.
Discussion Points:
- Review policies and procedures for providing adequate supervision to prevent an intrusion of privacy or personal dignity by non-caregiving employees.
- Train non-caregiving staff to follow protocols for observing and protecting the personal dignity and privacy of residents when accessing their rooms—particularly those residents with dementia who may not be able to adequately communicate that it is not okay for that employee to enter.
- Periodically audit to determine if non-caregiving staff are observing protocols for protecting residents’ personal dignity and privacy rights when accessing their rooms.
