|
MALTREATMENT INVESTIGATION MEMORANDUM Minnesota Statutes, section 626.557, subdivision 1 states, “The legislature declares that the public policy of this state is to protect adults who, because of physical or mental disability or dependency on institutional services, are particularly vulnerable to maltreatment.”
License Number and Program Type: 1048392-SUD (Substance Use Disorder) Investigator(s): Beth Virden Suspected Maltreatment Reported: It was reported that a staff person (SP) had sexual contact with a vulnerable adult (VA) while the VA was receiving services at the facility. Date of Incident(s): Unknown Nature of Alleged Maltreatment Pursuant to Minnesota Statutes, section 626.557, subdivision 9c, paragraph (b), and Minnesota Statutes, section 626.5572, subdivision 15, and subdivision 2, paragraph (c); and subdivision 17, paragraph (a): Any sexual contact or penetration between a facility staff person or a person providing services in the facility and a resident, patient, or client of that facility. Sexual contact is defined by Minnesota Statutes, section 609.341, as the intentional touching of the intimate parts with sexual or aggressive intent. 'Intimate parts' includes the primary genital area, groin, inner thigh, buttocks, and breast. The failure or omission by a caregiver to supply a vulnerable adult with care or services, including but not limited to food, clothing, shelter, health care, or supervision which is reasonable and necessary to obtain or maintain the vulnerable adult's physical or mental health or safety, considering the physical and mental capacity or dysfunction of the vulnerable adult and which is not the result of an accident or therapeutic conduct. Summary of Findings: Pertinent information was obtained during a site visit conducted on August 31, 2022; from documentation at the facility and law enforcement records; and through interviews conducted with a facility client (C1), facility staff persons (the SP, P1, and P2), and a supervisory staff person (P3). (Note: At the time of this investigation, the VA was no longer receiving services at the facility, and the facility did not have a phone number or mailing address for the VA. This investigator attempted to reach the VA through an associated phone number, but to no avail. The VA was not interviewed for this investigation. In addition, attempts were made to interview a facility client [C2]; however, C2 declined to participate in an interview.) The facility provided residential treatment for people diagnosed with substance use disorders. The facility provided clients with therapy, treatment, medication management, recreation, etc. In May 2022, the VA moved into the facility seeking supports and services relating to his/her substance use disorder. On August 11, 2022, the VA discharged from the facility and moved into the community. On August 15 and 16, 2022, information was provided by two clients (C1 and C2), who individually told P2 about concerns with the SP’s conduct. It was reported that the SP and the VA had engaged in oral sex numerous times in a facility restroom during the time when the VA was receiving services. C2 said that s/he had confronted the SP about this, and according to C2, the SP alluded to it being true. C1 and C2 had not directly witnessed any sexual contact between the SP and the VA, and instead each said that they received this information from the VA after the VA discharged from the facility. This investigator met with C1. C1 said that the VA was not a reliable reporter of information. According to C1, the VA frequently said things about his/her life, wealth, career, etc., which were apparent to C1 to not be accurate. C1 reiterated that s/he had not witnessed any sexual conduct by the SP. P1-P3 each said that they did not have any information, which supported the allegations. P1 said that the SP was “friendly” with the clients, but “not overly-friendly.” P2 said that s/he had witnessed more than one instance of the SP “appropriately” redirecting a client’s boundaries when needed. P2 described the VA as not being a reliable reporter of information. P1-P3 each said that the VA had a history of attempting to “cross boundaries” with multiple staff at the facility; not just the SP. P1-P3 did not have concerns with the SP’s conduct. The SP provided the following information: · The SP avoided the VA at the facility, because the VA had a history of attempting to “persuade” staff to go into the laundry room alone with him/her. According to the SP, the VA had attempted to cross boundaries with almost every staff person. · The SP was never in a restroom or the laundry room with the VA, alone or otherwise. The SP said that s/he did not have any sexual contact with the VA. · The SP showed this investigator a Willmar Police Department Incident Report dated August 14, 2022. (Note: The allegations, herein, were brought forth by C1 and C2 on August 15 and 16, 2022.) The SP said that on August 14, 2022, s/he was at a local park with his/her family member. As the SP prepared to leave the park, the VA appeared and approached the SP’s car. The VA told the SP that s/he would give the SP $1,000 for a ride, and the SP declined. The VA “got angry,” and the SP rolled up his/her car window and started to drive away. The VA walked next to the SP’s car and punched the side of the car. The SP drove away, but called 9-1-1 and reported the incident. · The SP believed the allegations against him/her were made because the VA was upset about the park incident. The facility’s policies and procedures provided the following information: · Staff persons were responsible for maintaining professional boundaries at the facility and throughout their interactions with clients. · Staff persons should not share private information about themselves with clients. · Staff persons should not engage in sexual relationships with clients. Facility documentation stated that the SP, P1, P2, and P3 received training on the facility’s policies and procedures, including Boundary & Ethical Issues in Behavioral Health Settings and the Program Abuse Prevention Plan; and the Reporting of Maltreatment of Vulnerable Adults Act. Conclusion: It was reported that the SP had sexual contact with the VA while the VA was receiving services at the facility. The SP denied the allegations, and attempts to reach the VA went unanswered. C1 and P2 described the VA as not being a reliable reporter of information, and P1-P3 did not have any knowledge of the alleged incidents or concerns with the SP’s conduct. Given the lack of additional information or witnesses to state otherwise, there was not a preponderance of the evidence whether the SP’s conduct included sexual contact with the VA; and/or whether it included a failure to supply the VA with care or services, which were reasonable and necessary to maintain the VA's physical or mental health or safety. It was not determined whether sexual abuse occurred (any sexual contact or penetration between a facility staff person or a person providing services in the facility and a resident, patient, or client of that facility. Sexual contact is defined by Minnesota Statutes, section 609.341, as the intentional touching of the intimate parts with sexual or aggressive intent. 'Intimate parts' includes the primary genital area, groin, inner thigh, buttocks, and breast). It was also not determined whether neglect occurred (the failure or omission by a caregiver to supply a vulnerable adult with care or services, including but not limited to food, clothing, shelter, health care, or supervision which is reasonable and necessary to obtain or maintain the vulnerable adult's physical or mental health or safety, considering the physical and mental capacity or dysfunction of the vulnerable adult and which is not the result of an accident or therapeutic conduct). Action Taken by Facility: The facility completed an internal review, and determined that policies and procedures were adequate and followed. The facility did not determine a need for additional training or other corrective action. Action Taken by Department of Human Services, Office of Inspector General: No further action taken.
|
