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Random quote: Give no reality to guilt, and see NO reason for it ... That is the ANSWER! ~ Raj - 18/11/07 ( submitted by DoG)

Finding the guts to say NO
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   General Discussion -> The Gathering Place (TGP)Message format
Posted 2003-02-26 6:54 PM (#3500 - in reply to #3301)
Subject: WA state laws


Posts: 2133
Location: Bellingham, WA
Based on Heather's statements:

"I see many things that offend my sensitive nature...
I wash faces that still have the remains of breakfast on them...
I wrap chilly ladies in blankets...
I look for glasses that are lost...
pester the staff if someone has wet themselves until they take heed and change them...
I noticed that her cardigan was covered in food...
There were two carers with her, one either side of her bed, discussing their plans for their days off, while she lay completely naked, unable to move and obviously cold... and they were ignoring her basic needs.
I was really upset at the lack of consideration shown by the carers"

The following laws would be considered broken by WA state boarding home standards:

RCW 70.129.020
Exercise of rights.
The resident has a right to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the facility. A facility must protect and promote the rights of each resident and assist the resident...

RCW 70.129.140
Quality of life -- Rights.
(1) The facility must promote care for residents in a manner and in an environment that maintains or enhances each resident's dignity and respect in full recognition of his or her individuality.

RCW 74.34.020
(2) "Abuse" means the willful action or inaction that inflicts injury, unreasonable confinement, intimidation, or punishment on a vulnerable adult. In instances of abuse of a vulnerable adult who is unable to express or demonstrate physical harm, pain, or mental anguish, the abuse is presumed to cause physical harm, pain, or mental anguish.

( "Mandated reporter" is an employee of the department; law enforcement officer; social worker; professional school personnel; individual provider; an employee of a facility; an operator of a facility; an employee of a social service, welfare, mental health, adult day health, adult day care, home health, home care, or hospice agency; county coroner or medical examiner; Christian Science practitioner; or health care provider subject to chapter 18.130 RCW.

(9) "Neglect" means (a) a pattern of conduct or inaction by a person or entity with a duty of care to provide the goods and services that maintain physical or mental health of a vulnerable adult, or that avoids or prevents physical or mental harm or pain to a vulnerable adult; or (b) an act or omission that demonstrates a serious disregard of consequences of such a magnitude as to constitute a clear and present danger to the vulnerable adult's health, welfare, or safety.

RCW 74.34.050
Immunity from liability.
(1) A person participating in good faith in making a report under this chapter or testifying about alleged abuse, neglect, abandonment, financial exploitation, or self-neglect of a vulnerable adult in a judicial or administrative proceeding under this chapter is immune from liability resulting from the report or testimony.

RCW 74.34.053
Failure to report -- False reports -- Penalties.
(1) A person who is required to make a report under this chapter and who knowingly fails to make the report is guilty of a gross misdemeanor.

WAC 388-78A-010 Definitions.
"Neglect" means conduct resulting in the deprivation of care necessary to maintain the resident's minimum physical and mental health including:
(1) Physical and material deprivation;
(2) Lack of medical care;
(3) Inadequate food, clothing or cleanliness;
(4) Rejection;
(5) Lack of social interaction and physical activity;
(6) Lack of personal care; and
(7) Lack of supervision appropriate for the resident's level of functioning.

WAC 388-78A-050 Staff. (1) The licensee shall:
(e) Provide sufficient, trained staff in each boarding home to:
(I) Furnish the services and care needed by residents;

(h) Provide staff orientation and appropriate training for expected duties.

WAC 388-78A-260 Resident services. (1) The licensee shall:
(2) The licensee shall provide basic domiciliary care, including:
(a) Assisting each resident to attain and maintain the highest functional ability possible; and
(v) Maintaining personal hygiene, including bathing, oral care, dressing, grooming, and changing to clean clothing;
(vii) Keeping clothing and other personal effects clean and in good repair;
(xi) Incontinence care.

WAC 388-78A-335 Residents -- Dementia care. (1) If a licensee accepts residents with dementia care needs, the licensee must:
(a) Provide qualified staff, present at all times, to care for and supervise residents with dementia care needs including:
(I) Dressing, grooming and personal hygiene;

You see, it is not a minor manner and should never have been observed by Heather had the home been following the minimum standards as required by law. I am sure that England has standards equal to or more stringent then ours. I am appalled at the apparent lack of compassion on the part of many posters in this thread. This does not include Heather. She at least had the decency to be upset in behalf of the residents. I hope that she will be braver in the future and know that she is strongly supported in her loving care of our vulnerable brothers and sisters.
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