The report states that as many as 25 sexual offenders have been moved
within group homes and facilities by the New York State Office for
People With Developmental Disabilities (OPWDD). The report
notes
that those figures come following an investigation of “only a few counties,” and have been connected to the
Jonathan Carey Foundation
.
According to the
report
, “the few counties researched to date paint a picture of a massive
extremely dangerous problem that must be immediately addressed and
stopped now.”
As of Monday, Sept. 24, there were convicted Level 2 and Level 3 sex
offenders at group homes and OPWDD facilities in Washington, Saratoga,
Franklin and Suffolk counties. Level 2 threats are deemed an offender is
a “moderate risk to repeat the offense, according to the New York State
Division of Criminal Justice. Level 3 offenders are a “high-risk repeat
offender and possible threats to public safety.”
In response to the discovery of the sex offenders living in his homes
and facilities throughout the state, Michael Carey, the founder of the
Jonathan Carey organization where the offenders were found, has
repeatedly claimed that it illegally endangers the welfare of the
disabled, according to multiple reports. He has also questioned the
legality of placing sex offenders with developmentally disabled. Carey
has reportedly already reached out to law enforcement officials
throughout the state to make them aware of the situation.
OPWDD officials declined to comment about specific cases, but noted
that the organization “only provides services for people with a
diagnosed developmental disability as defined by state law and (the
OPWDD) is obligated under the law to provide needed services to those
who qualify regardless of a person’s clinical or forensic history.”
BOSTON (WHDH) - They’ve attacked before, and could do so again. So
why aren’t your loved ones told when a sex offender moves into their
nursing home?
7NEWS uncovered convicted rapists and child abusers living in our state’s nursing homes and a system that keeps them secret.
Their convictions range from gross lewdness to aggravated rape to
child rape. One of them has racked up a total of 24 sexual convictions.
And all of them are living nearly invisibly among vulnerable senior
citizens.
“The people in that nursing home that have a registered sex offender
within their community don’t know it,” said David Hoey, a Massachusetts
attorney who handles headline-grabbing elder abuse cases.
7NEWS took the addresses of nursing and rest homes in Massachusetts
and compared them to the addresses for sex offenders on our state’s
registry. Two Level 2 and 10 Level 3 sex offenders – the most dangerous
kind – came up matches.
“Twelve is a lot. I think it’s more,” Hoey said.
“I found out accidentally when I wanted to join the neighborhood
watch,” said Penny Shaw, a longtime Massachusetts nursing home resident
and advocate for other residents. One registered sex offender lives in
Shaw’s nursing home.
“Nobody but me in the building knows,” said Shaw.
Staff has assured her that he’s in poor health and far from a threat.
“In my building, I had no fear. I had 100 percent confidence in my facility’s ability to manage it,” said Shaw.
But worst fears have been realized before.
“The mental harm is the harm that can’t be erased or fixed,” said Hoey.
More than a decade ago, Hoey sued both a nursing home in Norwood and John Enos, a Level 3 sex offender who had lived there.
“His sex offense crimes were to children. So the nursing home did not
believe that he would act out on elderly people,” said Hoey. Yet Enos
was arrested for raping his 90-year-old roommate.
“He (the roommate) was a World War Two vet. There’s a level of honor there that can’t be replaced,” said Hoey.
Prosecutors dropped the case after Enos died the next year, and the
civil case was later settled. Hoey insisted many other cases never
begin.
“There are a number of families, because of that mental harm, who just will not come forward,” Hoey said.
“So you think there are other cases like this out there over the past
decade, and we just don’t know about them?” a 7NEWS reporter asked
Hoey.
“I know for a fact there are,” said Hoey. “The families realize that
the litigation is not going to help them erase the mental harm.”
The year after Enos was arrested, Massachusetts banned Level 3 sex
offenders from living in nursing homes. But the Supreme Judicial Court
ruled that law unconstitutional when one offender challenged it. Since
then, offenders have moved in, while other residents are left in the
dark.
“There’s no way they would know. And sometimes the nursing homes
themselves don’t know because there’s no requirement for them to ask
that question,” said Pam Nadash, an associate professor in the
Department of Gerontology at UMass Boston who has studied the issue. In
addition, even if a nursing home knows of an offender living in its
facility, management is not required to tell anyone.
“There’s a really strong argument that you have a right to know,”
said Nadash, while also cautioning against overreaction. “These people
are really sick and frail. They’re not necessarily going to be up to
doing anything harmful.”
“The real issue is not notification. The real issue is whether the
management knows what they’re doing and takes someone who is not a
risk,” Shaw said. “The onus still falls on the building to protect
people.”
Tara Gregorio, president of the Massachusetts Senior Care
Association, which represents many nursing homes, provided the following
statement to 7NEWS:
“While there are no specific regulatory requirements or restrictions
relative to sex offenders living in nursing facilities, our facilities
screen every application carefully, and work diligently to ensure the
safety of every patient. Along with quality of care, patient safety is a
top priority. The Massachusetts Senior Care Association and its members
continue to welcome any guidance from the state Department of Public
Health that balances resident safety and privacy.”
Still, Hoey insisted nursing homes can do more.
“If you have a sex offender registered, living in your nursing home, you post it. Residents have a right to know,” said Hoey.
Federal law does require nursing homes to identify any residents who
may abuse others and come up with a plan to prevent it, without
specifically addressing sex offenders. In Massachusetts, background
checks are required for nursing home staff, but not residents.
