Two resident aides (RA 1 and RA 2) at a Pennsylvania memory care facility allegedly took numerous nude and demeaning photographs and videos of 17 residents between December 2022 and April 2023, according to criminal charges filed by a regional police department. RA 1 (18-year-old female) and RA 2 (17-year-old male) allegedly posed with residents in the shower and in other compromised positions, photographed residents who had fallen, and took videos of themselves demeaning or harassing residents. They sent the pictures and videos to each other, shared them on Snapchat, and showed them to classmates at a school, according to police.
The residents, the majority of whom are in various stages of Alzheimer’s Disease or dementia, range in age from 72 to 100 years old.
RA 1 has been charged with 17 misdemeanor counts of abuse of a care-dependent person. The police chief declined to discuss charges that RA 2, as a juvenile, could face. He did say that other persons are involved but declined to discuss details at this time. “It’s an ongoing, open investigation,” he said on July 13.
According to arrest papers filed in the case of RA 1, the principal at a local high school received information from a parent that RA 2 was sharing inappropriate photographs and videos on his cell phone of elderly residents at the facility, including one of a nude elderly woman. Student witnesses said RA 2 had been allegedly showing numerous other photographs and videos of elderly residents where he was employed.
In an interview with the school principal, RA 2 denied taking or showing photographs or videos of nude residents. He allegedly admitted to taking a photograph of a resident who had fallen, but claimed it was protocol at the facility to do so, police said. He allowed the principal to view his phone where a seven-second video was found of an elderly man lying in bed with someone restricting his breathing. There was no audio, and no other faces were visible, police said.
The facility’s executive director told police that RA 2 started working there in November 2022. He worked 30 to 40 hours a week between 2–10 p.m. She said employees are prohibited from taking any photographs or videos of residents, and it is not protocol to take photographs of residents who have fallen. As part of a search warrant investigation, numerous short video clips or photographs of “disturbing images of elderly male and female people” were found on RA 2’s phone, according to police.
The facility’s executive director identified RA 1, a friend and co-worker of RA 2, in many of the videos and images. RA 1 had been a resident aide since November 2022. She worked 32 to 50 hours a week between the hours of 4 p.m. and midnight.
A family member of one of the residents told police she had filed three verbal complaints to the executive director about RA 2’s behavior and treatment of residents. In March, she filed a written complaint and requested that he no longer have any type of interactions with her relative. An unidentified staff member told the family member that RA 2 had called other staff members who were allegedly involved to immediately delete any photographs or videos on their phones due to the ongoing investigation.
On May 28, RA 1 initially denied any knowledge of the investigation before the executive director placed her on suspension. She denied any knowledge of the images or videos. Upon further questioning, she told police she knew RA 2 was taking photographs and videos, and she had also taken some inappropriate photographs and videos with RA 2’s cell phone. She said RA 2 had sent these images to her via Snapchat, but she denied sharing or forwarding them to anyone else. She said she did not report RA 2 because she didn’t want to get him in trouble, police said.
Compliance Perspective
Issue
Residents have the right to privacy and confidentiality (F583) and to be free from abuse and exploitation (F600). Photographs or recordings of a resident and/or his or her private space without the resident’s, or designated representative’s written consent, is a violation of the resident’s right to privacy and confidentiality. Examples include, but are not limited to, staff taking unauthorized photographs of a resident’s room or furnishings (which may or may not include the resident), or a resident eating in the dining room, or a resident participating in an activity in the common area. Taking unauthorized photographs or recordings of residents in any state of dress or undress using any type of equipment (for example, cameras, smart phones, and other electronic devices) and/or keeping or distributing them through multimedia messages or on social media networks is a violation of a resident’s right to privacy and confidentiality. Mental abuse includes abuse that is facilitated or enabled through the use of technology, such as smartphones and other personal electronic devices. This would include keeping and/or distributing demeaning or humiliating photographs and recordings through social media or multimedia messaging.
Discussion Points
- Review your policies and procedures on social media and on preventing, identifying, and reporting abuse. Update as needed.
- Train staff upon orientation, annually, and as needed on your social media policies. Also train all staff on what is considered abuse, and the steps that should be taken when it is suspected. Document that these trainings occurred and file the signed document in each employee’s education file.
- Periodically survey employees to ensure that they are aware of the facility’s social media policies and that they understand their responsibility to report any inappropriate posts to their supervisor, the compliance and ethics officer, or via the anonymous hotline. Also periodically audit staff understanding to ensure that they are aware of the steps that should be taken if they suspect abuse, and their reporting options, including the use of the anonymous hotline. Audit care delivery through observation and interviews of residents receiving that care. Ensure that any complaints received are fully investigated, addressed appropriately, and reported per requirements.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
