ATTORNEY NEWSLETTER
Two Residents Sexually Assaulted
Families Reported Abuse To Director
Police Allege Director Failed To Report To Law Enforcement
Sexual assault and rape are real and growing horror in America’s nursing homes and elder care facilities. These horrific crimes Statistics show that incidents of sexual abuse, assault and rape are up. Since much elder abuse, including sexual elder abuse, goes unreported, incidents of sexual assault and rape are probably greater than we know. Evans Law Firm. Inc. represents victims of sexual assault or other abuse in nursing homes, and pursue all persons responsible, including owners, administrators and managers. Call us today at (415)441-8669 if any senior loved one has suffered any kind of elder abuse here in Santa Cruz County or elsewhere in California. Our toll-free number is 1-888-50EVANS (888-503-8267).
Mandated Reporters
California state law requires any mandated reporter who, in his or her professional capacity, or within the scope of his or her employment, has observed or has knowledge of an incident that reasonably appears to be physical abuse, abandonment, isolation, financial abuse, or neglect, or is told by an elder or dependent adult that he or she has experienced behavior constituting physical abuse, abandonment, isolation, financial abuse, or neglect, or reasonably suspects abuse shall report the known or suspected instance of abuse:
- By telephone immediately or as soon as practically possible to the local ombudsman or the local law enforcement agency; and
- By written report, SOC Form 341, sent within two (2) working days.
Cal. Welf. & Inst. Code § 15630(b)(1). However, if the suspected abuse results in serious bodily injury a written report of the injury must be submitted to law enforcement within two hours after the mandated reported becomes aware of the injury. Cal. Welf. & Inst. Code § 15630(b)(1)(A)(ii).
Failure To Report
The former director of an assisted living facility was recently charged with violating these provisions by failing to report sexual abuse at her facility after two residents reported being sexually assaulted by a caregiver.[1] Family of one of the victims reported the attack to employees of the facility. Another victim came forward to report additional abuse. Investigators determined that employees of the facility in turn reported the abuse to the facility’s administrative staff, but said the administrators, including the director, did not report the crimes to law enforcement or adult protective services as required by law. The director has plead not guilty to these charges and the case is pending.
Protecting Loved Ones From Sexual Abuse
The facility in the reported case was allegedly connected to a string of sexual assaults of its residents. If you have a loved one who is about to enter any facility, check the facility out on Medicare’s Nursing Home Compare website and the California Department of Public Health website. If there have been citations of abuse against the facility, you can read the citations and find out what was alleged. If your loved one is already a nursing home resident, consider an in-room surveillance camera. Surveillance cameras in a senior’s room are permitted under California law. If suspect any kind of elder abuse of a loved one, including sexual abuse, call Evans Law Firm immediately.
Contact Us
Ingrid M. Evans represents California seniors who have been victims of elder abuse including abuse and neglect or sexual abuse in nursing homes. Call Ingrid at once if you suspect something is wrong. You can reach us at (415) 441-8669, or email us at <a href=”mailto:info@evanslaw.com”>info@evanslaw.com</a>. Our toll-free number is 1-888-50EVANS (888-503-8267).
[1] Evans Law Firm, Inc. is not involved in the case in any way.
