My husband has lewy body dementia and I found a place for him, but they do a background check and may deny him she said. His felony was for selling what was representing to be a controlled substance, not murder or sex offender, and since then (1986 he got out) his record is clean, not even a speeding ticket. Has anyone else gone through this? Praying he gets in for my own health and sanity as I am the only caregiver 24//7 with no help in sight. Please advise, Thanks!
I think you need to be forthright about this and explain what the conviction was for. And present evidence that he is not a danger.
Who is "she" who told you he might be denied a space?
For me, the point is that the time was served and the conviction was from well over thirty years ago; and it's hard to see its relevance to the current situation. Keep your cool and make sure you're communicating closely and constructively with the decision makers; but on an optimistic note it wouldn't make commercial sense to turn away business on these highly technical grounds, would it?
I suppose, just musing, there could be concerns about access to prescribed medications...
... But then again, if those concerns are real then the facility needs to tighten up its medication storage and handling protocol.
Do you have a professional advisor (social worker, care planner, e.g.) helping you?
I agree someone who has served their time has served their time and particularly when it's been 30+ years with no offenses since serving that time they have paid for their transgressions. On the other hand if their is a serial rapist or someone who was convicted of murder and gun trafficking or something I am happy the facility I have my mom in for instance might be inclined to turn him away. That is not to say that someone can't turn their life around though so the offense, how long they have been out and what they have done since makes sense to consider. I mention rape and murder though because we know people with dementia/Alshimers can loose self control and the ability to reason as well as fall back to old behaviors so considering some loose inhibition without being felons these concerns could be valid in the case of someone convicted for violent crimes.
I would suggest to just argue common sense to the facility. That this offense took place a long time ago and that he doesn't pose any type of danger to the facility or it's people.
Best of luck,
Nicolas
Although my grandfather-in-law was deemed “dangerous to others” because he was a friendly guy who wandered into other peoples rooms to chit-chat. He didn’t get kicked out, but he was heavily medicated after that. I guess it all depends on how they handle it, and what they deem “dangerous”...
The reason behind this rule is that facilities need to be able to turn away individuals when they believe they cannot meet their needs. Also, if a facilities admit a resident they can legally discharge them without a reason for the first 30-days. After the 30-days then the Federal discharge rules apply.
From what you have shared it sounds like your loved one should not be denied due to his past. I would suggest that if the admission person tells you that they will not accept him you request to speak with the Director of Nursing (DoN) or the administrator.
You may need to talk to the social workers before anyone else.
Also there may be other reasons he was denied.
My heart is with you.
In trying to resolve a similarly impossible situation with a friend's 90+ year-old mom who's been denied admission to several facilities for the vague reason that they "can't meet her needs," I found an online article by Eric M. Carlson in the Notre Dame Journal of Law, Ethics, and Public Policy titled "Disability Discrimination in Long-Term Care: Using the Fair Housing Act to Prevent Illegal Screening in Admissions to Nursing Homes and Assisted Living Facilities".
In it, Mr. Carlson noted that admission to LTC facilities often gets denied due to a very common practice of cherry-picking the easiest and most financially rewarding patients. He wrote, "A rejected applicant may have a viable claim against the nursing home for discrimination on the basis of disability, but such cases are rarely brought. Most applicants are unaware of the relevant law, and litigation is expensive and time-consuming. For most rejected applicants it makes more sense to move on and seek residence elsewhere."
Admittedly, your situation is a bit more complicated than a straight "can't meet the patient's needs" denial, but do you think that the ancient felony was an excuse for rejecting someone whose care needs might be at the more expensive and difficult end of the spectrum?
If you have the energy and will to pursue it (there's the rub -- caregivers often need to ration whatever "fight," not to mention funds, they've got), maybe the attorney you consulted could leverage the facility into articulating the criteria by which they determined that your husband's 30+ year-old offense continues to pose a likely threat to other residents and/or staff. Or, depending on your location, perhaps a state disability rights organization could be willing to represent you on behalf of many people who experience similar discrimination from care facilities every day.