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What to do with sex offenders in long-term care?

December 2, 2011
by Kevin Kolus, Editor
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One of the first stories I tackled when joining Long-Term Living three years ago was a Q&A interview with patient care advocate Wes Bledsoe, who at that time was making headlines for supporting the creation of standalone LTC facilities that house sex offenders. Looking back, the interview ended up asking more questions than it answered, because regulators still haven’t figured out what to do with these people.

The problem has since been dusted off and thrust back into public discourse in Iowa, where Gov. Terry Branstad disclosed earlier this week that he’s convened a working group of four state agency heads to review the state’s laws on sex offenders. The action was spurred by a recent high-profile scandal: a case alleging that an 83-year-old man—also a registered sex offender—sexually assaulted a 95-year-old nursing home resident. The man moved into the nursing home after a judge ordered him to be transferred from the state civil commitment unit for sex offenders into an LTC facility to meet his heightened care needs.

Branstad said the working group will examine whether or not residents and their families should be notified when a sex offender moves to their nursing home, along with looking at potential legislative remedies through a review of existing laws. In other words, he’s showing that he’s taking a stand—then punting the issue to other experts to discover a solution.

The governor’s response is consistent with how many regulators have approached the subject: No one is certain what to do with these people despite sexual assault being a persistent problem that greatly upsets the public. As Bledsoe told me years ago, “They are human beings and we have to provide them with an appropriate level of care, ensuring that their special needs are being met in a facility with a heightened sense of security.”

The Des Moines Register points out how some states have addressed the problem:

Oklahoma, California, Illinois and Minnesota have laws requiring government agencies to notify the owners of long-term care facilities when sex offenders are directed there by the courts.

In Texas, the state is required by law to inform a care facility’s neighbors that a sex offender lives there, but it need not inform other residents of the facility.

In Virginia, care facilities need not notify other residents when a sex offender moves in, but they are required to make sure all residents know how to access that state’s sex offender registry so they can do the research on their own — assuming they’re capable and have access to a computer.

What do you believe is an appropriate solution?

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Comments

Most state regulations include the phrase, "The most appropriate placement at all times". Sex Offenders have the added stigma of carrying their crime longer in life than a murderer, arsonist, or any other criminial. I will not go into a discussion of severity of criminals, but rather focus on establishing services that meet all people in need of care.
In Ohio there are several facilities willing to house sex-offenders, but very few. These are usually male-dominated to reduce further risks among duo-sex facilities. I am a proponent of more facilities where sex-offenders can reside separate from the general population.

I have been in the LTC field for over 20 years and yet to find a suitable answer for this situation but if you are one of the homes that takes these type of resident's I feel sorry for you as the state I presently work in gives hugh fines for situations where there is any type of sexual activity even if no proof of physical just said sexual comments. These type of resident's need care also but most homes do not want to touch them as they are red flags to surveyors and the home will be cited whether there is an issue or not. I personaly believe there needs to be seperate homes for these type of resident's and the states need to quit pushing resident's into LTC that once were housed in stated facilities. Most states are trying to reduce cost by closing facilities, WHERE do they think these residen's will end up?

Kevin Kolus

Kevin Kolus

@longtermliving

www.ltlmagazine.com/blog/kevin-kolus

Kevin Kolus wrote for Long-Term Living when he was an editor. He left the brand in 2012...