An Ohio County Judge who previously found an indicted 39-year-old man incompetent to stand trial, recently ruled that he is now competent to stand trial. The judge ordered the man, who was charged and indicted for multiple first and second-degree felonies that included trespassing, attempted kidnapping, aggravated burglary, and attempted rape of an 83-year-old resident in the assisted living facility, to be evaluated for a plea of not guilty by reason of insanity.
The incident occurred on June 2, 2019, and the family of the assaulted resident has since filed a lawsuit against the facility and the accused on the resident’s behalf.
The lawsuit alleges that the facility failed to properly provide sufficient security and surveillance to protect the resident, allowing the accused to gain access to her room and physically and sexually assault her.
Although the accused man entered the assisted living facility without authorization and triggered an alarm, the lawsuit alleges he was not stopped or questioned by any staff members or a security guard. He allegedly was able to wander throughout the facility for some time before he was found in the resident’s room attempting to sexually assault her.
Compliance Perspective
Failure by a nursing home or assisted living facility to provide a safe and secure environment that prevents unauthorized persons from entering the facility and from gaining access to residents’ rooms in order to commit criminal acts may be considered an infringement of residents’ rights and deemed provision of substandard quality of care, in violation of state and federal regulations.
Discussion Points
- Review policies and procedures regarding security and surveillance and the need for implementing and following protocols to prevent unauthorized persons from entering the facility and endangering residents.
- Train staff regarding the protocols for security and surveillance and the importance of responding to any door alarm signaling an unauthorized entrance into the facility.
- Periodically audit at a variety of times to determine if reception personnel and other staff are following protocols for prompt response to alarms to prevent possible intrusion by unauthorized persons.
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