People v. Skiff
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The Manse, a Residential Care Facility for the Elderly (RCFE) admitted a resident diagnosed with dementia in violation of the conditions of the facility’s license. When an RCFE admits a resident with dementia, it must file a dementia care plan with state regulators addressing, physical plant requirements (including door alarms) and staff training. The Manse did not have an operable dementia care plan. Despite growing evidence of his confusion, the resident was allowed to wander through the community unsupervised. When the resident ran in front of a car on a busy highway, Skiff, the CEO of the RCFE was found criminally responsible for his death.
The court of appeal affirmed Skiff’s convictions for elder abuse (Pen. Code 368(b)(1)) and involuntary manslaughter (Pen. Code 192(b)) with findings that the victim suffered great bodily injury and that elder abuse proximately caused the victim’s death. The court rejected Skiff’s arguments that he lacked the intent required for involuntary manslaughter and elder abuse and that laws applicable to RCFEs prohibited him from imposing restrictions sufficient to prevent the fatal accident. The Manse had been repeatedly cited for violations related to residents with dementia or cognitive impairments. There was testimony that Skiff told a nurse to get the doctor to change the resident’s diagnosis.
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