Suspected criminal acts committed against residents of long-term care facilities are to be reported immediately to law enforcement, according to an advisory letter sent Oct. 27 from the Oklahoma State Department of Health to all nursing homes in Oklahoma.
The letter was sent to all nursing facilities, skilled nursing facilities and intermediate care facilities for persons with mental retardation. The letter is in response to appeals by A Perfect Cause and the overwhelming support for action by long-term care residents' families, the Attorney General's Office, Oklahoma County District Attorney's Office, YWCA and Long-Term Care Facilities Advisory Board.
Earlier this year, Wes Bledsoe, citizens' advocate and founder of A Perfect Cause, discovered major gaps in Oklahoma statutes concerning the reporting of criminal acts in long-term care facilities to law enforcement. He contacted the Oklahoma County District Attorney's office and Attorney General's Office about his concerns after a 41-year-old nursing home resident was raped and sexually assaulted in August 2007. Upon further investigation it was determined the rape and assault were never reported to law enforcement, Bledsoe said.
After an Aug. 19 press conference conducted by A Perfect Cause, Department of Health officials said they had investigated the assault and had cited the facility for failing to protect the resident from sexual abuse. However, the department determined there was no criminal intent; therefore they did not force the facility to report the incident to law enforcement, officials said.
During the Board of Health meeting in September, Bledsoe questioned the Oklahoma State Department of Health's policy on reporting rapes, assaults and other criminal acts in long-term care facilities. Hank Hartsell, deputy commissioner of the health department's Protective Health Services Division, responded that the department investigates reported acts, but does not force long-term care facilities to report cases to law enforcement where there is no criminal intent.
Bledsoe challenged the policy by noting the need for immediate reporting to law enforcement in order to preserve each crime scene, gather evidence and maintain the chain of custody for evidence that could lead to prosecution of assailants. Board of Health President Barry L. Smith agreed. Smith then supported Bledsoe's request of an interim policy for the department to require immediate notification to law enforcement of criminal acts committed in Oklahoma's long-term care facilities.
The issue was presented Oct. 8 to the department's Long-Term Care Facilities Advisory Board, which chose to form an Ad Hoc committee to address the issue of reporting criminal acts to law enforcement. The Ad Hoc committee met Thursday at the Oklahoma State Department of Health in Oklahoma City. The committee's recommendations will be presented to the advisory board in January 2009.
Local news
Nursing homes advised to report crimes to law enforcement
Department of Health letter sparked by A Perfect Cause
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