Can the group home workers be charged criminally in this case?

[violas]

What is the name of your state (only U.S. law)? Florida. I read in my local newspaper about a young man who was developmentally challenged and who left his group home late at night. The group home was suppose to have the alarm on so they would be alerted in case patients would leave. I have learned that the alarm was not on the night that the young man left. In fact, I read that they rarely ever even put the alarm on even though the group home is suppose to supervise these patients 24 hours a day. The young man got hit by a car and is now in the local hospital on life support. The person who hit him was found to be not at fault. The most shocking thing is that the group home staff didn't even know he was missing!!! The group home staff didn't even know he was missing until they were notified by the police!!!! So I am wondering if these group home workers can be personally charged criminally in this case. If yes, what kind of crimes do you think they can be charged with? Thanks

 

[swalsh411]

What is your connection to this incident?

If you just read an article in the newspaper you should know that they rarely report all the information known to the police so any answers to your question would be pure speculation. The DA will decide if charges are warranted.

 

[FarmerJ]

OP so you know first off some things you or general public may not ever know is #1 if a group home client has a history of elopement or not . Some Ghs permit over nights to sleep during part of shift some have clients whose ISPs and Risk assessments require 24/7 awake supervison when client is in the home . Not all GHs have alarmed windows or doors what is needed for each home varys client by client. Now as to being hit by a car, thats a shame but its different issue than the GH operator & GH staff. If the homes operator did not require staff to keep the alarm on while this client was in home then the staff cannot be blamed for alarm not being on. Some GH operators have a policy requiring room checks during sleeping hours at aprox intervals to make sure client is actually in room ( x number of times during houses over night room time hours ) . ( invasion of privacy likely so) Now If the local licensing agency or state required a plan to reduce the odds of this happening again one will be written by GH operator. In GHs where a client with well established elopement history resides many GH operators have alarmed doors & windows as well as keep a second staff on hand at a asleep hourly rate in order to maintain staffing should one staff have to leave the home as part of a elopement protocol. There are so many things that as member of the public you will never know since the GH clients rights to privacy come into play, Do know this with many GH clients first off they dont live inthem because they choose it , many are court ordered. Second with many GH clients theres no way to predict any behaviour inc first times for a particular behavior be it elopement or physical aggression or any other behavior that is not socially acceptable. Especially when the GH client is newer to the system , the GH staff is trained and will as part of daily logging note new things that come up and as issues come up then things are done to address changes that may be needed to client ISP ( the news didnt say how long the client had been in the system did it? )

 

[violas]

Thanks for your comments

They are suppose to do hourly checks on these clients during the night. These are hourly paid workers. They are not live in group help staff. It said that he had left this facility numerous times in the past.
The newspaper did not say how long the client had been in the system.

 

[swalsh411]

The DA will bring charges if there is sufficient evidence. Unless you are an attorney and know all the facts known to the police you are in no position to second guess that.

 

[davew128]

They are suppose to do hourly checks on these clients during the night.

And you have evidence that they did not? And if they did, that means it could have been 59 minutes after taking off that they could have been gone, right?

 

[Just Blue]

Posting Hx.

OP is a WOT.

 

[FarmerJ]

If there is any serious fall out bottom line , it will follow a chain , State - county to the GH operator ( wich in some states might be a indep for profit firm instead of state run and owned GHs ) then on to the staff.

 

[FarmerJ]

davew128 is correct 59 min is alot of time especially if the GH itself is with in so called walking range of freeway entrances, highways- major roads.

 

[violas]

It's not so difficult to do hourly rounds on 6 clients on night shift

There is evidence to suggest that he left at 9pm. The police notified the board and care home that he was missing and in the hospital at 1am.

 

[I'mTheFather]

What is your connection to this incident?

OP, you never answered this question. And it's a relevant one.

 

[ecmst12]

She read about it in the paper, no direct connection, other than she's in the same business.

I would think the threshold would be pretty high for the caregiver to be charged with criminal negligence. More likely the home will just be sued and the employees fired.

 

[davew128]

There is evidence to suggest that he left at 9pm. The police notified the board and care home that he was missing and in the hospital at 1am.

And that evidence would be?

 

[violas]

I know how group homes are in my town on night shift

I am in the nursing profession and I take care of a man who lives at a group/board and care home. He has been in 3 different group homes. I observed the night shift workers sleeping at night at all 3 places. I think it's a big problem at many group homes. I don't know where the evidence is in regards to him leaving at 9pm. These group home night shift workers know that no supervisor cares enough to actually stop by at night and check on these clients and staff. Therefore, the majority of workers don't make hourly rounds they sleep at night and ignore the clients. Yes, I think there will be a lawsuit and that the family will win this case.

 

[ecmst12]

More likely the home will settle. They have insurance.