Sexual Predators at Nursing Homes – An Unspoken Problem
Nursing home abuse and neglect has become a nationwide issue. From state governments to Congress, the world is beginning to learn about the horrible truths of abuse and neglect at elder care facilities. Sadly, there is an all to common problem that is not being spoken about – sexual predators at nursing homes and assisted living facilities. Sexual predators can gain access to an elder care facility in many ways, including:
- as a resident
- as an employee
- as a guest visiting a resident
If not stopped, sexual predators at nursing homes can sexually assault other residents. This has become an epidemic in this country, yet the federal government has not acted to stop sexual predators at nursing homes. One of the best ways to stop future sexual assault at elder care facilities is to sue facilities for past instances of assault.
If you believe a loved one has been abused by a sexual predator at a nursing home, please contact the experience elder abuse attorneys at Senior Justice Law Firm for a toll-free consultation. 561-717-0817
Sexual Predators at Nursing Homes – Residents That Are Registered Sex Offenders
Would your loved one’s nursing home or assisted living facility accept a registered sex offender as a resident? Shockingly, according to language from the Florida Agency for Healthcare Administration (AHCA), “under current statutes and rules nursing homes are allowed the latitude to admit or not admit individuals…[who are a] sexual offender or predator…on a case by case basis.” On the one hand, denying residency for an individual who is registered as a sexual offender leaves that person without access to needed long-term care.
On the other hand, under Federal Laws (42 CFR 483.13) and Laws of the State of Florida (s. 400.022(1)(o)), each facility is required to protect all residents from abuse. By admitting sexual offenders, a facility may be responsible for sexual assault from the sexual predators at nursing homes they admitted.
In the state of Pennsylvania, lawsuits have led to mult-million dollar verdicts for the rape of a resident by another resident sex offender. In Lancaster County, a $7.5 million dollar verdict was given because the facility:
- Had been previously convicted of sexual assault
- Targeted the victim because she suffered from dementia
- Had threatened to rape a caregiver
- No longer needed the services of the facility, but it nonetheless allowed him to remain a resident
If you know someone who suffered inappropriate touching, assault or rape from another resident, the facility can be liable.
Sexual Predators at Nursing Homes – Employees That Are Registered Sex Offenders
Sadly, residents aren’t the only sexual predators at nursing homes. Sometimes, facilities hire aides or other staff that are registered sex offenders. Turnover rates at long-term care facilities are very high, so facilities frequently hire employees without full knowledge of their backgrounds. With aides performing acts with vulnerable elderly residents, such as changing diapers, a facility needs to be sure that their staff are not sexual predators.
In Florida, Section 400.512 requires a level 2 background screening for aides, nurses and contractors related to nursing home care. Currently, Pennsylvania does not require background checks of nursing home applicants, but it does require employee criminal background checks under the Older Adults Protective Services Act (OAPSA).
If you think a loved one was abused, raped or sexually assaulted by an employee, the facility can be liable.
Sadly, sexual predators in nursing homes can come in many forms – as residents, employees or someone visiting a facility. If a loved one has suffered sexual assault or rape from a resident or employee, it is important to call a law firm that focuses on elder abuse in long-term care facilities right away.« Previous PostNext Post »