Police have confirmed that a 77-year-old resident in a New York nursing home was arrested and is being held on a $100,000 bond for sexually assaulting a 9-year-old girl visiting a relative in the facility. The man was charged with third-degree sexual assault, risk of injury to a child, second-degree unlawful restraint, and breach of peace.
The incident occurred on December 24 while the girl was visiting a relative. The man is said to have grabbed the girl around the waist, pulled her toward him, and touched her inappropriately while saying she was beautiful. After freeing her daughter from the man, the girl’s mother reported the incident.
The police acknowledged that they have responded to many previous incidents involving inappropriate sexual behavior and threats by the resident.
The man has been a resident of the facility for about a month and was not arrested for the previously reported incidents. A February 27 court date has been scheduled as his next appearance.
Compliance Perspective
Failure by nursing home staff to adequately monitor residents displaying multiple incidents of sexual aggression toward others may place residents or visitors in immediate jeopardy of sexual abuse and be considered provision of substandard quality of care, in violation of state and federal regulations.
Discussion Points
- Review policies and procedures regarding management of behaviors by residents that place other residents and visitors at risk for injury and harm and may place the facility at risk for lawsuits.
- Train staff to address repeated sexual aggression by residents through preventive care plan interventions and provision of additional monitoring.
- Periodically review reported incidents and audit care plans of residents displaying sexual aggression to determine if staff are responding adequately to prevent further occurrences and keeping attending physicians informed.
