A 40-year-old resident at a Maplewood care facility was molested over nearly "every inch" of her body last year by a nursing aide who had a previous conviction for assault and should have been barred from direct contact with patients, according to an investigation by the Minnesota Department of Health.
The incident, which occurred after the aide offered the woman a nighttime massage for a sore back, occurred on May 6, 2014, at a facility operated by Golden Valley-based Parkinson's Specialty Home Care, the investigation found.
Parkinson's CEO Marcia Cotter said Thursday that the aide worked as a contract employee of Soul Care, a Minneapolis staffing agency, and said her company assumed Soul Care had checked the man's background. "When we found out [about the allegations], we terminated our relationship with them," Cotter said.
State law requires supplemental nursing agencies to conduct background checks on employees who will have direct contact with clients, but it also requires the operators of nursing homes and licensed care facilities to keep a copy of that background check.
Iris Freeman, director of the Vulnerable Adult Justice Project at William Mitchell College of Law in St. Paul, said a nursing facility is legally responsible for providing safe care to its residents, even if that care is being provided by an outside agency.
The Health Department forwarded its findings to Maplewood police and the Ramsey County attorney's office. But Maplewood Police Chief Paul Schnell said no charges were filed because of insufficient evidence.
"These are very difficult … cases from a prosecution standpoint," Schnell said. "There is a high burden of proof, and in this case, prosecutors didn't feel there was sufficient evidence."
In March 2011, the aide and the contractor were notified by the state Department of Human Services that he was banned professionally from "any position allowing direct contact with, access to, persons receiving services" from state-licensed care programs. That restriction grew out of a fourth-degree assault conviction.