RESIDENT RIGHTS                                                                                   04-02-014

SEXUAL ABUSE

POLICY STATEMENT.

The Division of Veterans Healthcare Services (DVHS) requires that each New Jersey Veterans Memorial Home (VMH) develops and implements a process that assures the immediate medical treatment/ intervention, and the prompt reporting and investigation of all alleged or suspected incidents of sexual abuse.

PURPOSE.

To ensure that immediate action is taken to properly and accurately investigate any incidents, and assure appropriate and timely medical / psychological treatment is provided to a VMH resident suspected of having been sexually abused.

DEFINITION.

SEXUAL ABUSE – Sodomy, incest, rape, exhibitionism, kissing, masturbation, oral sex, anal sex, pornography, foreign-body penetration, sexual assault, sexual harassment or coercion, or the taking of liberties with and/or otherwise engaging in the fondling of the personal and private areas of a resident’s body by another person, either of the opposite sex or of the same sex without the resident’s consent.

PROCEDURE.

A. General:

1.         It is the responsibility of every employee who suspects a resident may have been involved in any form of sexual abuse or molestation to report such incidents immediately to their supervisor.

2.         Suspicion may arise from the appearance of the resident, e.g. bruise marks on a female’s breast, bruises around the genital area, and/or suspicious stains, etc., on the clothing, or comments by the resident to their peers or to staff members. Sexually abused residents may also appear to be numb or in shock, may be physiologically upset, may become angry or aggressive, or become fearful, somnolent, withdrawn and depressed.

B. Specific responsibilities:

1. The Nursing Department will:

a. Notify the staff physician or the administrator on-call after office hours.

b. Notify the local Police Department of the suspicion.

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SEXUAL ABUSE

c. Notify the Supervisor of Nursing and/or the physician, who will proceed to the unit to determine if medical treatment is necessary, and will conduct a preliminary investigation.

d. If a preliminary inquiry reveals sufficient evidence to support the assumption that a resident was abused, the Supervisor will turn the investigation over to the Police Officer.

e. The Police Officer will conduct an investigation around the circumstances of the alleged abuse.

f. Notify the Chief Executive Officer (CEO) or designee immediately.

g. If the physician deems it appropriate, arrangements will be made for transportation and appropriate escort by staff to a local hospital for the allegedly abused individual.

2. Supervisor or Head Nurse will:

a. Notify the Director of Nursing or designee immediately, and have the resident brought to the nurses’ station.

b. Take action to assure that the clothing and/or the appearance of the resident is not changed prior to the arrival of the Supervisor and Police Officer.

c. Not attempt to question the resident, as this will be done by the Supervisor or Police Officer.

d. Provide any information that may be requested by the Supervisor or the Police Officer.

e. Initiate a Preliminary Unusual Incident – Sentinel Event Report form, NJDMAVA Form 6.

f. Initiate a New Jersey Department of Health and Senior Services Reportable Event Record/Report form, AAS-45 (May 04).

g. Notify the New Jersey Department of Health and Senior Services immediately by phone at 1-800-792-9770, or after hours notify the New Jersey State Operator at (609) 392-2020.

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SEXUAL ABUSE

h. Notify the New Jersey Office of the Ombudsman for the Institutionalized Elderly at 1-877-582-6995 or (609) 943-4023 that an institutionalized elderly person (60 years old or older) is being, or has been, abused.

i. Notify the Veterans Administration Medical Center (VAMC) of jurisdiction in accordance with Policy and Procedure 04-02-013.

3. The Police Officer will:

a. Proceed to the unit with the Supervisor to begin the investigation.

b. Be requested to advise the CEO or designee if it is ascertained that there is a definite suspicion of sexual abuse. The CEO or designee will attempt to secure permission for any required testing.

4. Health Services:

a. The staff physician will provide medical evaluation of the allegedly abused resident.  Such evaluations will be performed in accordance with existing Medical Department procedures. Emergency medical treatment will be provided immediately, or as circumstances warrant.

b. The staff physician will ensure that medical and psychological care and counseling, and psychosocial intervention will be provided for the resident on an ongoing basis, and as needed, after an incident of sexual abuse.

c. The CEO or designee, or the Supervisor, will send a preliminary report, prior to the conclusion of the shift, to the office of the Director, Division of Veterans Healthcare Services.

d. The CEO or designee, or the Supervisor, will ensure the Director’s office is updated as changes occur or new information is obtained.

e. The final report will be sent to the Director within five (5) days of the date of the incident, unless the Director grants an extension.

5. Social Services:

a. Social Services representatives will be available to provide emotional support to the resident and/or family members.

Revised:   July 1993

Revised:   November 1996

Revised:   March 2004

Revised:   July 2007