A former Oklahoma nursing home long-term care aid was charged last week in Kingfisher County with a felony crime related to an incident alleged to haveoccurred nearly a year ago.
Carla Jean Hill, 50, of Waukomis, is charged with one count of abuse by caretaker. According to court records, Hill was working as an aide at the HennesseyManor Nursing Home when she allegedly abused a 90-year-old resident. An assisting aide claims to have witnessed Hill repeatedly slamming the wristof the patient against a metal bathroom bar as she attempted to lift the elderly woman off the floor.
The defendant maintains that she did nothing wrong, calling the witness's report "a misunderstanding."
Oklahoma has several laws intended for the protection of vulnerable populations, including the disabled and the elderly. The provisions of the Elderlyand Incapacitated Victims Act give enhanced penalties to those convicted of specific crimes against the elderly.
Abuse, Neglect, or Financial Exploitation by a Caretaker (21 O.S. � 843.1)is the primary statute pertaining to crimes against the elderly. Under this law, it is a felony to "abuse, commit financial neglect, neglect, commitsexual abuse, or exploit any person entrusted to the care of such caretaker or other person in a nursing facility or other setting, or knowingly cause,secure, or permit any of these acts to be done." Violation of this statute is punishable by a maximum of 10 years in prison and a fine of up to $10,000.
However, if the offense involves sexual abuse by a caretaker, the maximum prison term is 15 years, and it is considered an "85 Percent Crime." People convictedof these crimes, listed in � 13.1, must complete 85 percent ofthe sentence before achieving parole eligibility. Sexual abuse by a caretaker is also a sex crime mandating sex offender registration.
Financial exploitation of the elderly is defined in more detail in � 843.4as "[k]nowingly, by deception or intimidation, obtaining or using, or endeavoring to obtain or use, an elderly person�s or disabled adult�s funds,assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession ofthe funds, assets, or property, or to benefit someone other than the elderly person or disabled adult." It is important to note that, according tothis law, an "elderly person" is defined as someone aged 62 or older.
A person suspected of nursing home abuse, neglect, or exploitation may also be subject to civil litigation. Learn more about nursing home lawsuits here.
