Zumbro House operates several facilities in Minnesota licensed as adult foster cares. Some of these facilities also provided residential habilitative services under an additional license. The Minnesota Department of Human Services (MDHS) has completed its investigation of a report that Zumbro House failed to provide required supervision to five vulnerable adults who lived in facilities who had vulnerabilities in the area of sexuality. These residents required “eyes on” supervision at all times to prevent sexual contact between them. As a result of the failure to provide required supervision, it was alleged that there was sexual contact between the vulnerable adults and another client on several occasions. [July 25, 2013 MDHS Investigation Memorandum]
The MDHS found that Zumbro House was to provide supervision and support to develop and maintain safe sexual boundaries. Regardless of whether the sexual contact was consensual, given that the VAs each had high risks in the area of sexuality, the failure to provide required supervision on the maintenance crew and the subsequent sexual contact between clients could reasonably be expected to interfere with the VAs’ treatment plans. There was a preponderance of the evidence that there was a failure to provide supervision that was reasonable and necessary to obtain or maintain some of the residents’ physical or mental health or safety.
The MDHS determined that neglect occurred (the failure or omission by a caregiver to supply a vulnerable adult with care or services, including but not limited to food, clothing, shelter, health care, or supervision which is reasonable and necessary to obtain or maintain the vulnerable adult’s physical or mental health or safety, considering the physical and mental capacity or dysfunction of the vulnerable adult and which is not the result of an accident or therapeutic conduct).
The Kosieradzki • Smith Law Firm represents clients in cases involving catastrophic injury caused by nursing homes and other care facilities that fail to provide proper care, including the failure to protect vulnerable adults from sexual abuse. If your loved one has been harmed due neglect or abuse in a care facility, take action now and contact the Kosieradzki • Smith Law Firm online or call us toll-free at (877) 552-2873 to set up a no-cost, no-obligation consultation.
