A former Oklahoma nursing home employee has been sentenced to 12 years in prison after being convicted of sending offensive photos and videos of elderly residents via Snapchat. The individual, a 21-year-old from Oklahoma City, pleaded guilty to charges of elder abuse and conspiracy to commit elder abuse. The employee had worked at the facility from July 2022 until April of the following year.
Among the disturbing content shared were videos that mocked a deceased resident lying in bed with her mouth open, as well as footage of residents on the toilet or nude in bed. Police reported that the individual sent these degrading images and videos 66 times, involving 15 different residents.
At the sentencing, District Judge Jason Reese emphasized the societal responsibility to care for both the young and the elderly, calling the abuse “extensive.” He imposed the sentence after hearing the details of the case, which involved the exploitation of vulnerable individuals for the amusement of the defendant and two other employees.
In court, the defendant cited a history of drug addiction and alcohol abuse as factors that contributed to the behavior, expressing remorse for the harm caused. In a written statement, the individual described sending the videos as an attempt to share humor with others, while also admitting to being under the influence of substances such as cocaine, ecstasy, Xanax, and fentanyl at the time.
The prosecution had requested a sentence of 10 years in prison and 10 years of probation, while the defense sought only probation for the defendant.
Compliance Perspective
Issue
Residents have the right to privacy and confidentiality (F583) and to be free from abuse and exploitation (F600). Taking unauthorized photographs or recordings of residents—whether dressed or undressed—using any electronic device (e.g., cameras, smartphones, or other devices) and/or distributing them through multimedia messages or on social media is a direct violation of their right to privacy and confidentiality. Mental abuse can also be facilitated or enabled through technology, such as smartphones and personal devices. This includes the act of taking or sharing degrading or humiliating photographs and recordings through social media or multimedia messaging.
Discussion Points
- Review and update your policies on social media use, as well as on preventing, identifying, and reporting abuse, to ensure they align with current best practices and legal standards.
- Provide staff with training on your social media policies during orientation, annually, and as needed. Ensure staff are also trained on what constitutes abuse and the necessary steps to take when abuse is suspected.
- Periodically survey employees to confirm they are aware of the facility’s social media policies and understand their responsibility to report inappropriate posts. Conduct audits to assess staff understanding of abuse reporting protocols, including the use of the anonymous hotline, and ensure they are aware of steps to take if they suspect abuse. Audit care delivery through observation and interviews with residents, and ensure that any complaints are fully investigated, addressed appropriately, and reported per requirements.
*This news alert has been prepared by Med-Net Concepts, Inc. for informational purposes only and is not intended to provide legal advice.*