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Editorial: Nursing home residents deserve protection from sex offenders

Tribune-Review
| Thursday, December 30, 2021 6:01 a.m.
Brighton Rehabilitation and Wellness Center in Brighton Township

On April 21, 1996, Megan’s Law went into effect in Pennsylvania. That made possible identifying sex offenders, keeping a registry of their location and notifying the community if someone with a record of sexual violence was living nearby.

The law was named for Megan Kanka, 7, a New Jersey girl who was raped and murdered by a neighbor with two previous convictions for assaulting little girls. He asked Megan to come see a puppy. Her parents said they would never have let their child wander the neighborhood had they known the danger next door.

Megan’s case turned a spotlight on the danger that can exist when people aren’t aware of the risks posed by known threats. It prompted federal and state legislation. Today, you can check the Pennsylvania State Police website to find an offender by name or location, to search for sexually violent predators, for those who are known to be noncompliant with restrictions and those who are transient.

But as with many state actions, it’s a law long on today and short on tomorrow. In 1996, the concern was about children and the threat around the corner. Twenty-five years later, there are new things to consider.

For instance, what happens when the 50-year-old predator of 1996 ages? How do you handle offenders when people are living longer lives? What can the state do to balance the need to care for the elderly — including registered offenders — and to protect that same vulnerable population from the nursing home patient in the next bed?

In December 2020, Richard Marlin Walter was a resident of Brighton Rehabilitation and Wellness Center in Beaver County. So was the 57-year-old woman with dementia whom he sexually assaulted. That incident was interrupted by a nurse. Police were called. The woman’s son was, too — but he wasn’t given all the information.

When the Tribune-Review contacted him, he was shocked at what he didn’t know. Walter died in November 2021 in state custody in Greene County instead of another nursing home, bringing an end to his history of sexual violence documented back to 1985.

Family members who seek nursing home beds often do not have the luxury of choice. They have to take the spots that are available that accept the right insurance, that have the right level of care, that are available at the right time and hopefully fall in an area convenient for visiting. If they are able to dig deeper, they look to see that a facility has a good history when it comes to inspections and violations. Checking for sexual predators can get lost.

There are no laws in Pennsylvania placing the burden of disclosure on a nursing home to let its residents, family members or staff know there is a registered offender admitted. That burden is placed on the patients themselves and their often overwhelmed family to uncover.

State legislators can fix that with new law. The Wolf administration can fix it with policy in the health and public welfare departments.

And failing all else, nursing homes like Brighton Rehab can fix it by being forthcoming with such important issues of safety and protection for the very vulnerable people in their care. And it shouldn’t require a law named for a lost victim to see that happen.


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