Complaint·April 15, 2021

The Department received a complaint on May 18, 2020 alleging that a resident (R1) (See LIC 811 Confidential Names List) was sexually abused while in care by an unknown staff. Interviews with staff and outside sources and a records review revealed that R1 reported to a caregiver and to other individuals that they were raped by a Norwegian or Hungarian male caregiver during a diaper change, and that R1 walked to the bathroom to clean up afterwards. R1 gave a description of the individual’s appearance and of how he spoke with a European or a British accent. At the time R1 reported this to a caregiver, the caregiver noticed that R1 was confused and agitated. R1 also gave other statements that were inconsistent as to when and how the incident had happened, and of saving evidence of the rape and also of throwing the evidence away. Interviews and records review revealed that R1 is unable to walk by themselves without assistance and that there was no staff working at the facility who fit the description that R1 gave for the individual who allegedly committed the sexual abuse. During the Department’s interview with R1, they did not disclose any sexual abuse. The Department’s interview with outside source law enforcement and records review revealed that during their interview with R1, R1 lacked orientation as to person, place and time, and they could not prove that a crime occurred since there was no physical evidence, no witnesses and no suspect could be identified. An interview with outside source professional revealed that R1’s health had deteriorated quickly over the past year and that R1 had become increasingly confused. Outside source interviews and records review also revealed that R1 had a visual impairment, was on hospice and memory care, and has a history of a medical condition that causes R1 to hallucinate and become disoriented. R1 was determined to have had this condition during this incident. Based on the evidence obtained from the complaint investigation, the allegation that R1 was sexually abused while in care is found to be UNSUBSTANTIATED, as there is not a preponderance of the evidence to prove that the allegation occurred. An exit interview was conducted with Ms. Farish via FaceTime, and a copy of this report, LIC 811 and Licensee's Appeal Rights (LIC 9058 01/16) were emailed to her; an email read receipt confirms receipt of these documents.