Better approach urged by alex_garrison

BY GEORGE DIEPENBROCK

An advocate for Kansas nursing home residents and their families says communities need to take a more comprehensive approach to help prevent abuse.

“We’ve got the tools. We just need to use them and better coordinate among all of the players,” said Margaret Farley, board president of the nonprofit Kansas Advocates for Better Care.

Farley, who is also a Lawrence attorney, says allegations of physical and sexual abuse nationally in nursing homes and care facilities are on the rise, but she suspects many incidents still go unreported. Researchers have also found these types of sexual assault cases present their own challenges for care providers, investigators and families.

“It is still believed that this is just the tip of the iceberg,” Farley said.

For example, a Chicago Tribune investigation in 2010 found authorities investigated 86 cases of sexual violence against elderly and disabled nursing home residents in Chicago over a 2.5-year period, but only one of those cases resulted in an arrest.

Bill Skepnek, another Lawrence attorney, last month filed a lawsuit on behalf of the family of Jean S. Allen, a former resident of Brandon Woods at Alvamar, 1501 Inverness Drive. The suit alleges the Lawrence retirement center’s staff attempted to conceal from authorities, medical professionals and her family that a nursing aide allegedly sexually assaulted the 87-year-old woman in October 2010 in her room.

Brandon Woods officials have denied the lawsuit’s allegations. The officials said they protected Allen while she was in their care.

Allen has since died. Douglas County authorities have said a criminal investigation in the case is no longer ongoing. No one was arrested or charged in the case.

Sara Arif, a Kansas Department on Aging spokeswoman, said the alleged incident in the suit was reported to her agency, but any findings by the department could not be released because federal health privacy laws.

Skepnek said the allegations in the suit are meant to put the spotlight on the issue of care for elderly Kansans. Advocates for sexual assault prevention say these types of cases do present difficult circumstances for victims and investigators.

“People who perpetrate sexual assaults go after people who are vulnerable,” said Joyce Grover, executive director of the Kansas Coalition Against Sexual and Domestic Violence. “This is a vulnerable population, and it’s a population that’s going to find it difficult to report and talk about.”

Arif said the agency was not required to provide statistics about the number of sexual assault reports in nursing homes because the reports are confidential and not subject to open records acts.

A 2008 study by the National Clearinghouse on Abuse in Later Life reviewed 284 cases nationally of alleged sexual assault against the elderly and found that 94 percent of the victims were woman ages 60 to 100. Other findings:

• In 250 cases, 72 percent of the alleged assaults occurred in private home, while 23 percent occurred in facilities.

• About one-third of the cases were reported by the victims; 20.6 percent by health care works; and 12 percent each by social workers and family members.

• Fewer than half of the cases were referred for a forensic rape examination. In 20 cases, actions were taken to destroy evidence, including washing of the victim’s bedding and clothing.

• In 226 cases, there were 180 identified offenders, 99 of which were referred to prosecutors. Of those, 17 went to trial and resulted in convictions; eight resulted in acquittals; and 11 were resolved by plea agreements.

Farley, of Kansas Advocates for Better Care, said nursing and assisted-living facilities have policies and procedures in place not only regarding monitoring and caring for patients but also on their hiring practices. She worries that facilities are often understaffed, which can create problems. She also said better coordination among medical care providers, police, prosecutors and nursing home staff members would be beneficial.

“It’s shocking when they do (occur),” Farley said, “and we as a society need to make sure that we are dedicating proper resources in preventing it.”

— Reporter George Diepenbrock can be reached at 832-7144. Follow him at Twitter.com/gdiepenbrock.