VOA Home Health Minnetonka Complaint Findings for Sexual Abuse
In a report concluded on September 5, 2014, the Minnesota Department of Health cites VOA Home Health Minnetonka for sexual abuse.
Substantiated Allegation of Abuse Against VOA Minnetonka
Based on a preponderance of evidence, sexual abuse occurred when the AP had sexual intercourse with Client #1, during a time when the client was taken off the secured memory care unit and was left unsupervised by the home care provider.
Client #1., who had a diagnosis of cognitive impairment initially resided on the assisted living portion of the building, but due to incidents of the client leaving the facility and delivering newspapers to neighbors and looking for a house to buy for her family, the client was moved to the secured memory care unit of the facility for the client’s safety. Client #1 was forgetful, had impaired judgment, was disorientated dailty and made attempts to leave the memory care unit. The client’s Vulnerability Assessment indicated the client received twenty-four hour supervision on the memory care unit.
Shortly before 9:00 a.m., a licensed nurse escorted Client #1 and two other clients off the secured memory care unit to the screened porch at the front of the building, which was an unsecured area. Although the licensed nurse stated, she informed the receptionist that clients from the memory care unit were on the front porch, the receptionist did not recall this and left the front area of the facility to conduct a scheduled 9:00 a.m. tour of the building with a potential client. At approximately 9:45 a.m. – 10:00 a.m., the receptionist returned to the reception desk at the front of the building and noted one of the clients walking into the front parlor. (This client was one of the two other clients that were brought to the front porch with Client #1 earlier.) The receptionist contacted the memory care unit staff, who discovered Client #1 was neither on the memory care unit nor on the front porch. Staff conducted a search of the other areas of the building including outside. A short time later, the licensed nurse saw Client #1 walking down the hallway of the memory care unit (It could not be determined how Client #1 got back into the secured memory care unit).
Shorty after Client #1 was found, the client appeared worried and stated to the nurse that she was concerned that she might be having a baby. When questioned why she thought that, Client #1 stated that she had sexual intercourse approximately 10 minutes prior, and that she did not know where she was in her menstrual cycle. Client #1 was unable to identify the person with whom she had sexual intercourse, but indicated it did not occur in her room on the memory care unit. Client #1 was transferred to the emergency room. A sexual assault examination was conducted and laboratory samples were taken. The samples identified that semen was present. Deoxyribonucleic Acid (DNA) testing of the samples was conducted and the results matched the AP’s DNA. The AP was criminally charged with third degree sexual conduct.
For more information from the Minnesota Department of Health, Office of Health Facility Complaints concerning nursing homes, assisted living and other elder care providers view resolved complaints at the MDH website.
If you have concerns about sexual abuse or any other form of elder abuse or neglect contact Elder Abuse and Neglect Attorney Kenneth LaBore at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.