Oklahoma care facility owner faces 17 counts of caretaker abuse after bite mark found on resident

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Oklahoma care facility owner faces 17 counts of caretaker abuse after bite mark found on resident

Oklahoma Caretaker Accused of Abuse

Source: Oklahoma Caretaker Accused of Abuse

Group seeks new rules on use of 'granny cams' in Minnesota nursing homes

Families seeking to prevent abuse or neglect of their loved ones in nursing homes by using hidden cameras, or “granny cams,” would face more restrictions under recommendations issued this week by a state work group.

The 17-member group was asked to advise the Legislature on ways to regulate the growing use of hidden cameras and other electronic surveillance equipment in senior care facilities, while balancing privacy rights with efforts to deter abuse.

It began meeting in June, following several well-publicized cases in which cameras substantiated reports of abuse and neglect at local nursing homes.

The group recommends that electronic monitoring should be allowed only with the informed consent of all the residents in the room under surveillance (or a legal representative if the resident is not competent to do so).

In addition, any resident being monitored should have the right to place limits on when and where the monitoring takes place and to have the device turned off for privacy reasons. And facilities should be prohibited from retaliating against residents who use hidden cameras, according to the work group’s final report.

“This is a huge issue and it should not be viewed lightly,” said Jean Peters, a member of the work group and an outspoken proponent of hidden cameras since her family used one to detect abuse of their mother. “The [senior care] industry doesn’t want cameras because they’re afraid of getting sued, and because they can’t possibly provide what they promise.”

Currently, Minnesota law is silent on the use of electronic surveillance in senior care facilities. As a result, families suspecting abuse or neglect can install cameras, which cost as little as $80 and can be as small as hockey pucks, inside rooms in senior facilities. Many of the cameras can transmit live feeds to smartphones, enabling relatives to monitor the care of their loved ones remotely.

In many cases, families install the cameras when they detect bruises, weight loss or other visible signs of maltreatment, but have no way to prove it — and find their concerns are ignored, say elder care advocates. Increasingly, the footage is also being used by law enforcement officials and state regulators to substantiate allegations of abuse and, in some cases, bring criminal charges.

Last year, a woman who spotted cuts and bruising on her father installed hidden cameras at a large nursing home, St. Therese of New Hope. The footage showed two caregivers repeatedly punching her father in the face and stomach. It led to criminal charges against the two employees and the dismissal of others for failing to report the abuse. And a year ago, an aide at a Hopkins senior home was arrested and charged with two counts of assault after videos from a hidden camera showed her repeatedly hitting an elderly patient in the head.

Suzanne Scheller, a Champlin attorney who specializes in abuse and neglect in senior homes, said Minnesota’s lack of formal regulations is beneficial for families. “It gets the attention of the powers that be, and allows the family member to feel some sense of empowerment,” she said.

Yet Scheller and other advocates fear the new recommendations may be used to create rules and restrictions that impede their use. In Illinois, for instance, a nursing home resident must consent to the use of a camera before it can be installed and must notify the facility of intent to use electronic monitoring. Other states, such as Oklahoma and Texas, require that a notice be posted when such surveillance is occurring. At least one state is actually encouraging their use. The New Jersey Office of the Attorney General provides free surveillance cameras for up to 30 days to anyone who suspects in-home abuse

The work group, which included state health officials, elder care advocates and industry representatives, failed to reach a consensus on the issue of requiring notice to the facilities. Families and elder care advocates have strongly opposed mandating notification, arguing that cameras are typically used as a last resort when all other attempts at communicating concerns about maltreatment have failed.

“Do we as a state really want to say that we would elevate the right to privacy over suspected maltreatment?” asked Scheller. “That is the tension.”

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Group seeks new rules on use of 'granny cams' in Minnesota nursing homes

Death of 66-year-old Gulfport woman highlights risks of senior citizens who choose to live alone

Kathryn Ashe

GULFPORT — The first thing officers noticed in Kathryn Ashe's apartment were the roaches, hundreds of them, scurrying on the floor, walls, and furniture.

Then they spotted her body on the living room floor. After interviewing her former roommates, Gulfport police arrested Debra Poulos and her daughter-in-law Jennifer on charges of abuse or neglect of an aged or disabled person.

But the Pinellas-Pasco State Attorney's Office recently dropped the case. Ashe died of natural causes, prosecutors concluded, and the pair had no legal responsibility to care for her.

In fact, prosecutors learned that when the Poulos women moved out, Ashe refused to go with them. She chose to live by herself, despite her ill health and abysmal living conditions.

"The older lady didn't want to leave with them," said Chief Assistant State Attorney Bruce Bartlett.

"Maybe there should be some sense of responsibility, but there's nothing to support us going (forward) criminally."

The 66-year-old woman's death raises a troubling issue for Florida's aging population: What can be done to help seniors who may be endangering themselves by living alone?

"There are situations in our local area where there are people who are extremely frail and can't manage self-care at all," said Beverly Burton of the Area Agency on Aging of Pasco-Pinellas. "It's not only a question of medical treatment, it's a question if we can ensure that at least they are evaluated to see if they are eligible for some in-home support."

• • •

On June 24, Gulfport police received a call about a possible death at 5320 29th Ave S. After firefighters wedged the door open, officers ventured in and found piles of garbage and food containers on the floor, the kitchen countertops, and the sink. Mold covered the inside of the refrigerator. The A/C unit was broken. The report noted that the home was "unlivable."

"There were feces and used adult diapers on the floor," an officer wrote in a report, "and an estimate of thousands of roaches throughout the residence where hundreds of them could be seen at any given time even with the lights on."

After finding Ashe's body next to a recliner, police turned their attention to the 911 callers: Debra Poulos, 62, and Jennifer Poulos, 42.

The older Poulos told police she met Ashe in 1999. They lived together in the two-bedroom apartment with Jennifer Poulos' 4-year-old son. But after the apartment became infested with roaches and the A/C broke down, they moved out on June 10.

Debra Poulos said she tried to get Ashe to go with them, but she refused. She said Ashe made them promise they wouldn't take her to a nursing home. The women visited Ashe and brought her food.

Then on June 23, Debra Poulos said she found Ashe on the floor but didn't call for help, leaving because she didn't want to miss her bus. Debra and Jennifer Poulos returned the next day. Ashe was cold to the touch. After speaking to a pastor, they called 911.

Both women were arrested on felony charges of abuse or neglect of an aged or disabled person. Jennifer Poulos faced an additional charge of child neglect.

Police said the Department of Children and Families spoke to Ashe in 2015 and found that she was hard of hearing, a diabetic, and had a history of strokes. Ashe declined DCF services and refused to go to a nursing home.

Gulfport police Sgt. Thomas Woodman said the two women were arrested because Florida law defines a caregiver as a person "who has been entrusted with or has assumed responsibility for the care … of an elderly person or disabled adult." That can include adult household members.

"They admitted to me during the interview they were in a caregiver role," Woodman said. "They provided her all of the nutrition she needed, they had to help feed her, bathe her."

But the criminal case against the women crumbled, Bartlett said, when an autopsy showed Ashe died of natural causes: complications from diabetes and heart disease. The State Attorney's Office also determined the Poulos women were also not legally bound to care for her because they moved out and Ashe wanted to stay. Charges were dropped in November.

The child neglect charge against Jennifer was also dropped, but her son is in foster care, DCF said. Neither Poulos could be reached for comment.

• • •

Ashe's death highlights the legal challenges surrounding an elderly or sick person who refuses care. "It comes down many times to a really hard question: Is the person competent?" Burton said.

Only a court can determine if someone is legally incompetent. But if a person is competent, they can choose whether they want help or not. "Then everyone's hands are kind of tied," Burton said.

Then the only options are to call their doctor or file a self-neglect report with DCF.

"They can provide guidance on what to do and how to handle it because you can't force a person to take care of themselves without some legal mechanism," she said.

"You can cajole a person to go," Burton added, referring to Ashe's refusal to leave the apartment. "But it's very difficult unless you have some responsibility for them."

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Death of 66-year-old Gulfport woman highlights risks of senior citizens who choose to live alone

Suspended Kingsport nursing home has history of deficiencies

KINGSPORT, TN (WJHL) – Before Brookhaven Manor’s most recent inspection, previous surveys and complaint investigations dating back to 2013 identified nearly 40 health deficiencies combined, according to data on Medicare.gov.

The State of Tennessee suspended new admissions to the Kingsport nursing home last week amid concerns of abuse and other issues. Our review of past inspection data identified five concerns at Brookhaven Manor in 2015, seven in 2014 and 26 in 2013.

Among the issues inspectors have identified since 2013 include concerns about the nursing home’s abuse policy and protocol, infection control and the treatment of bed sores.

Brookhaven Manor has an overall rating on Medicare.gov of just one out of five stars.

We once again reached out to the nursing home administrator today for comment. We have not yet heard back.

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Suspended Kingsport nursing home has history of deficiencies

Lack of College Disability Information Prompts Congress to Introduce the RISE Act

The transition to college is a big challenge for kids with learning and attention issues. A recent survey on Understood suggests one reason why—parents can’t find information on college accommodations and services.

The survey asked parents of high school students and graduates with learning and attention issues about their experiences with college. Over 1,200 parents answered. The results were concerning:

• Only 11 percent of parents of high school students who are seeking college accommodations clearly understand the process.
• Nearly three-quarters (72 percent) of parents of high school students seeking college accommodations have found it difficult to find information about disability services at different colleges.

And the biggest reason kids aren’t going to college? Parents can’t find a program that fits their child’s needs, according to the survey.

This is a timely issue as more students with learning disabilities are graduating from high school than ever before. In 2015, a record 64 percent of students with disabilities graduated from high school. That’s up from 59 percent in 2011.

But many of those graduates aren’t heading to college. According to the 2014 State of LD, a publication from Understood founding partner the National Center for Learning Disabilities (NCLD), only 21 percent of students with learning disabilities attend a four-year college. That’s about half the rate of the general population (40 percent).

Christina Paternoster is a Pennsylvania mom of a college freshman with ADHD, dyslexia and dysgraphia. Earlier this year, her son went through the college application process, and she agrees there’s a problem.

“Finding a college that’s a good fit for my child hasn’t been easy,” she says. “I know my family is not alone in this.” Paternoster has used Understood to connect with other parents to help her better understand the process.

Part of the problem may be that students are transitioning from high school, where kids have IEPs, to college, where there are no IEPs. Federal special education law doesn’t apply to college students, so students have fewer rights.

At the same time, students may not be aware of the rights they do have. Both the Americans with Disabilities Act and Section 504 apply to college and provide for accommodations.

Congress is aware of the problem and is working on a solution.

This week, Senators Bob Casey (D-PA), Orrin Hatch (R-UT) and Bill Cassidy (R-LA) introduced the Respond, Innovate, Succeed and Empower Act (RISE Act). This Act would do three things to help students and families:

1. Provide more funding for a one-stop resource for information about disability services in college.
2. Require colleges to accept an IEP or 504 plan as evidence of a disability. This would make it easier and less costly for students to get accommodations.
3. Support a technical assistance center to highlight strategies that help students with disabilities succeed in college. The center would also train college faculty on those strategies.

Advocacy groups like NCLD and the Learning Disabilities Association of America, another Understood founding partner, are fully behind the RISE Act.

“We have heard from parents and students about the barriers they face in college and I’m proud that we have elevated this issue in the U.S. Senate,” said Mimi Corcoran, president and CEO of NCLD. “We applaud the bipartisan leadership of Senators Casey, Hatch and Cassidy as we work to ensure that colleges and universities become more welcoming environments for diverse learners.”

It’s too early to know if the RISE Act will become law. The bill would need to pass the Senate and House first, before being signed by the president. NCLD, LDA and other groups in Washington, D.C., are working to move the legislation forward.

In the meantime, Paternoster and her family are navigating the system as best they can. “My son just started at Westminster College,” she says. “Right now, the most important thing is making sure there is a good support network for him. We want him to succeed and enjoy the experience.”

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Lack of College Disability Information Prompts Congress to Introduce the RISE Act

Former Main Line Commissioner charged with indecent assault of 103-year-old

A former long-time Radnor Township commissioner has been arrested and charged with indecent assault on a person with a mental disability.

William A. Spingler, 75, of Paoli, was arraigned on Dec. 23, released on $10,000 unsecured bail and ordered not to have any contact with the victim. He has a preliminary hearing on the charges on Jan. 5, according to court officials.

The victim is an 103-year-old woman in a nursing home.

When reached by phone, Spingler said he had no comment on the charges.

According to court documents, on Dec. 16, Radnor police were called to the Wayne Nursing Home for a report of an assault. Two employees reported that Spingler allegedly inappropriately touched the victim on the breast by placing his hand underneath a blanket. When he noticed the employees, Spingler stopped.

The next day, Spingler visited the victim, who has dementia, and again put his hand under the blanket to "massage her chest area," when he noticed one of the employees, "his face turned red and he immediately left the facility," according to a court record.

On Dec. 23, a staff member contacted police after she observed Spingler touch the victim again. When she confronted him, Spingler replied "What?" He then left the building. An arrest warrant was then issued,  according to court documents.

Spingler, a real estate agent, served as a Ward 3 commissioner and was board president when he stepped down from the post in July 2015. Spingler also served as a county commissioner.

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Former Main Line Commissioner charged with indecent assault of 103-year-old

Victims of love: An elderly Minnesota couple lost everything to a man they viewed as the son they never had

TWO HARBORS, MINN. – Ray Turcotte once owned a gas station in this scenic town of 3,700 on Lake Superior’s North Shore. His wife, Judy, ran a hair salon. After amassing a net worth approaching $1 million, they retired to the lakeside home Ray Turcotte built with his own hands.

But after placing their financial future in the hands of David Ripley, the Turcottes are broke. Their home, which they owned free and clear, now carries a mortgage they can’t afford, and they could be evicted during the depths of winter.

Ray Turcotte, 86, has been hospitalized since late November after suffering a stroke, which his wife blames on the stress of their financial loss.

“We have nothing, and I mean nothing,” said Judy Turcotte, who, at 74, brings in a few dollars by doing laundry at a bed-and-breakfast. “Ray and I are just two old people who worked our tails off. We had our house paid for. We had stocks. We had investments. And it’s all gone.”

According to court documents and interviews, Ripley ingratiated himself with the elderly and childless couple, persuading them to let him manage their finances. He promised to take care of them, they said. They put so much trust in him, in fact, that they even helped him buy a house next door to their own. He still lives there, despite taking control of their money and cleaning them out, the Turcottes said.

“He said, ‘You’re older, vulnerable adults. You don’t have anybody to help you,’ ” Judy Turcotte said.

“He told us he loved us,” she said, sobbing. “He said, ‘You’re more of a mother to me than my own mother was.’ ”

The Turcottes aren’t the only ones who have claimed to be victimized by Ripley, 56, who arrived here from North Dakota about 15 years ago. Since then, Ripley has been involved in a dizzying array of investment deals and property transactions that have left a trail of angry investors across three states, according to court records and interviews.

Many of the deals wound up in litigation, and several lawsuits ended with substantial penalties against Ripley, who owes more than $2 million in court judgments and unpaid loans, public records show. Included are two convictions for civil fraud.

In a recent interview at his home, Ripley denied all the Turcottes’ allegations.

“From my perspective, it’s sour grapes,” he said.

Bonnie Piehl, Ripley’s longtime partner in life and in business, also denied that she and Ripley did anything wrong.

“They can’t say we scammed them out of one dime,” Piehl said.

In an interview from his hospital bed, Ray Turcotte still couldn’t quite believe how events unfolded.
“You’re going to wonder how the hell this can happen,” he said.

Court and land records, and interviews with Ripley’s investors, tell a complicated story.  (Click to Continue)

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Victims of love: An elderly Minnesota couple lost everything to a man they viewed as the son they never had

Book: MICHIGAN MONSTERS: The True Story of how Karen Chism and Kristie Compton Murdered my Dad

Imagine waking up to find that you had been robbed of everything dear to you. Your home, your health, your children, your future, and your freedom - all stolen overnight. Your only crime was, you got old. 

This is the true story of a murderous system, the predators who support it, and one of their victims. The system and the predators worked together. Their only goal was to see the victim dead. They battered him mercilessly until their goal was achieved. The last thing the victim saw was the gloating faces of his executioners as they gleefully put him down. Broken, conquered, and vanquished, he was finally free of his abusers. 

How did my dad become the victim of these assassins?

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