Jean would refuse personal care when the male caregiver was present. She was especially resistant to the male caregiver assisting her to the bathroom. Caregiver notes indicated that Jean feared he would kill her. Wildwood Canyon Villa concealed the incidents from family and from law enforcement.
Jean’s medical records contained the following indicators of sexual assault.
· Vaginal bleeding
· Blood clots in vagina
· Thrombosed (clotted) tissue in vagina
· Thrombosed (clotted) tissue at urethra
· Necrotic (dead) tissue in vagina
· Fissures in labia
· Foul smelling discharge
· Brown yellow fluid
· Severe agitation on attempts to conduct exam
· Physical aggression on attempts to conduct exam
· Likely history of sexual abuse
Jean's family learned of the incidents in March 2013. On March 11, 2013, family asked Community Care Licensing (CCL) to investigate. On December 12, 2014, Regional Manager Robert Gomez responded with a letter confirming that CCL delayed nearly five months before conducting their required “10-day” initial investigation.
CCL took ten months to complete their investigation. According to Gomez, the investigation included a review of Jean’s medical records containing the sexual assault indicators listed above. Then CCL determined the allegation to be “inconclusive.”
On November 26, 2014, legal counsel for Jean’s family took the deposition of the male caregiver who terrified Jean. When asked under oath if he sexually assaulted Jean, the male caregiver refused to answer the question. He exercised his Fifth Amendment right to avoid incriminating himself.
On December 3, 2015, Jean’s family sent the following letter to Robert Gomez.
Mr. Gomez,
RE: Fourth request to investigate sexual assault at Wildwood Canyon Villa, Request for public records
My March 11, 2013 letter asked Community Care Licensing (CCL) to investigate possible sexual assaults on my mom by a male caregiver at Wildwood Canyon Villa in Yucaipa. That letter contained indictors of sexual assault from documents created by Wildwood Canyon Villa and Senior Home Caregivers.
My December 12, 2014 letter again asked CCL to investigate possible sexual assaults on my mom by a male caregiver at Wildwood Canyon Villa. That letter contained indicators of sexual assault from documents created by VITAS hospice nurse Sandra Coggins, RN.
My December 22, 2014 letter asked CCL to assign a competent investigator, conduct a thorough investigation of possible sexual assaults, and fulfill your duty as mandated reporters of elder abuse. That letter contained indicators of sexual assault from documents created by VITAS hospice physician Dr. Victoria Rains.
This letter is my fourth request for CCL to investigate possible sexual assaults on my mom by a male caregiver at Wildwood Canyon Villa. This letter contains indicators of sexual assault from documents created by Kaiser Permanente. This letter also contains a fax from the temporary conservator and her legal counsel instructing Wildwood Canyon Villa to conceal the incidents from family. Wildwood did in fact conceal the incidents from family and from law enforcement.
On December 24, 2014, you wrote:
In reviewing the chronology of inspection visits related to the complaint, Licensing Program Analyst (LPA) Susan Parker conducted an initial investigation on August 1, 2013.
Your response confirmed that CCL delayed from March until August prior to investigating an allegation of sexual assault. Your response did not provide any explanation for CCL’s delay of nearly five months prior to conducting the “10-day” initial investigation.
On December 24, 2014, you wrote:
On January 21, 2014, LPA Parker delivered the inconclusive findings regarding the above referenced allegation.
Your response did not address CCL’s delay of nearly a year prior to CCL concluding their investigation of sexual assault. Your response did not address CCL’s failure to notify family that CCL concluded their investigation. Your response did not address CCL’s refusal to provide a copy of the investigation report in a timely fashion. Your response did not answer my question as to whether CCL fulfilled their duty as mandated reporters of elder abuse.
On December 24, 2014, you wrote:
After reviewing the documentation from the facility and from Kaiser Hospital, it appears that the investigation was conducted appropriately and the inconclusive finding was issued appropriately.
Your response casts doubt on your veracity. CCL did not request Kaiser medical records from family or from our legal counsel. It seems unlikely that CCL independently subpoenaed my mom’s medical records. However, for the moment, we will accept your statement as true.
Let us revisit the Kaiser medical records that you indicate CCL reviewed. Those July and August 2012 medical records noted:
· Request for psychiatric evaluation
· Vaginal bleeding
· Blood clots in vagina
· Thrombosed (clotted) tissue in vagina
· Thrombosed (clotted) tissue at urethra
· Necrotic (dead) tissue in vagina
· Fissures in labia
· Foul smelling discharge
· Brown yellow fluid
· Severe agitation on attempts to conduct exam
· Physical aggression on attempts to conduct exam
· Likely history of sexual abuse
Your response indicates that CCL does not consider the issues above to be indicators of sexual assault. Therefore, I request that you provide CCL’s protocol for investigating allegations of sexual assault, including any indicators that CCL uses when investigating sexual assault. Please consider this letter a request for public records as covered under the California Public Records Act.
Mid-January, we expect to receive the certified deposition transcript of the male caregiver whom we believe repeatedly sexually assaulted my mom at Wildwood Canyon Villa. We will provide that transcript when it is available.Readers who suspect a loved one may have been sexually assaulted by a male caregiver can contact this Examiner at condorchick@gmail.com.
Suggested Links
- Family’s 3rd request to CCL for elder abuse, sexual assault investigation
- Community Care Licensing botched elder abuse, sexual assault investigation
- Family asks CCL to investigate elder abuse, possible sexual assault
- Court appointed attorney may have investigated sexual assault at wrong facility
- Family’s 3rd request to sheriff for elder abuse, sexual assault investigation
Full Article & Source:
Family’s 4th request to CCL for elder abuse, sexual assault investigation
I appreciate all you are doing for this family, Linda.
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