On
Tuesday, May 19th, a state audit on The Adult Foster Care and Homes
for the Aged Licensing Division revealed the agency’s disturbing misconduct and
improper treatment of patients. The findings of the audit are based on a random
sample of state-licensed adult foster care facilities around the state.
The
summary of the audit first highlights how the agency failed to report 25% of
patient neglect and abuse complaints to the Adult Protective Services (APS) from
2010-2014. Their justification for not doing so is that staff members use
subjective interpretations of the facts in each case, so often a staff member
of the licensing division will dismiss a case simply because he or she did not
think it warranted a referral to the APS.
If
by chance a staff member deemed a case worthy of reporting, there was no
guarantee that it would be handled in a timely fashion. In a sample of 76
complaint investigations, 33% were not completed within the required time
frame. The victims of neglect and/or abuse are often not treated with enough
respect to have prompt and thorough evaluations of their cases.
The
audit also found that 6 of the 44 randomly selected state-licensed facilities
were not administering background checks before hiring potential employees.
Current state law prohibits these facilities from hiring of individuals with
felony convictions for abuse, neglect, cruelty, torture, criminal sexual
conduct, prescription drug diversion, or felonious use of a dangerous weapon.
Yet, several of the facilities failed to screen their employees for such convictions.
In fact, at least one employee was convicted of one of these felonies and still
was able to stay employed for over 2 years.
Just
as complaint investigations were not completed with urgency, employee
background checks took an average of 217 days (around 7 months) after hire in 5
of the facilities. The sluggishness of background check procedures endangers
both the patients and employees of the facilities.
Although
a majority of state-licensed adult foster care facilities do not exhibit these
problems, you need to have an experienced Elder Abuse attorney on your side in
case you fall victim to neglect or abuse. At Fausone Bohn, LLP, our elder law
attorneys will fight to right this wrong and are prepared to go to trial if
that is what your case requires. Give us a call today for a consultation on
your case.
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