My husband has had multiple rounds of cancer from being a veteran in Vietnam. He has no active cancer currently but is living with the consequences of all the chemo, on top of being almost 80 years old. He is still all there mentally and is very content with his current care. The complaint from a nurse who was sent by a home health agency states that the house smelled and there was dog feces on the floor. This nurse has came once before when I was there but this time I was not at the house at the time. I work a full time job as my husband has not much income. I have cameras in house, he has a phone, and he is provided all his necessities like food and medications. He can walk to the kitchen if needed and enjoys watching tv. He obviously cannot take the dogs out so they must have went to the bathroom in the house but, once I get home everything gets cleaned. My husband is happy, gets a bath everyday despite him having a massive amount of chronic pain. What are my rights for being falsely accused? This is traumatizing on top of already having to dedicate a large part of my life to taking care of a sick family member. Should I get a lawyer? I am having to leave work to have meetings with DSS and they need me to provide documentation of health records and contacts of people near us. This is ridiculous to me and should not have been escalated to the top without at least speaking to me first. This is the only complaint we have received. Thanks
p.s - everytime the nurse comes they only ask how he is and take his vitals. They never actaully aid him and are not legally allowed to give him medication. It is a different nurse almost everytime.
Don't get a lawyer yet. Just do what the caseworker asks. Explain in writing why there was feces on the floor and why the smell. In the meantime see if a neighbor or family member is willing to take the dog out so you can say that you now have someone coming to the house. For now its just an investigation. No charges maybe filed especially if you resolve the problem. If charges are filed, then you may need a lawyer.
If your husband is not connected to / through the VA you HAVE to get that going.
He has benefits that he is entitled to.
PLEASE call your local Veterans Assistance Commission or your local VA and ask about this.
As far as being reported do you know for a fact that a report has been made?
if there is a follow up be cooperative.
If possible I would begin crate training the dog(s) so that they are not out when you are not home to supervise them and let them out when needed.
If you do this if there is an investigation it will show that you are working on solutions to any problem that they may mention.
The service who filed a report was a seperate home health agency sent by the VA.
If it was APS, they are not "trigger happy" to remove people from homes. It usually takes a lot for them to do this. I'm not sure about any legal action they might take against someone they think is neglecting or abusing an elder.
I agree with JoAnn29 to just cooperate and don't get defensive. Make sure you deal with the problem that triggered the complaint. If your husband is indeed "all there mentally and very content with his current care" and he doesn't have a diagnosis of incapacity then this should count in your favor.
I'm sorry for this distressing and unfair situation.
It’s not fair to your husband to have to smell dog crap in the house until you come home. Nor is it fair to your dogs to have to crap in the house or be forced to hold it all day.
If you have a fenced yard, maybe have a dog door installed? Maybe there’s a teenager who would like a little cash to walk the dogs? You need to find a solution for the both of you.
A visiting nurse - who is, by law, a mandated reporter - observed dog waste on the floor and stated the house smelled. That's not an accusation; that's an observation.
If the nurse sees it happening over and over again, then she is doing her due diligence to make the report. She can lose her license if she fails to make a report; depending on the law and what state you're in, she might even be able to be brought up on criminal charges if it is determined she willfully didn't report something that might amount to neglect or abuse.
I can't really imagine it's just the issue of dog having one accident in the house - which, you say, got cleaned up as soon as you got home - that's driving this investigation. That seems like a lot of paperwork for a government agency to do for something relatively minor, to be honest. Considering you have mobility challenged people living in house literally hoarded up to the rafters and they family is told they are able to live alone.
If all that has happened is the VN observed that your dog pooped once in the home when you weren't there, then I really don't see where a lawyer is going to be necessary.
you are coping with juggling a lot and anyone would feel for what you’re coping with
Unfortunately- hygiene is a priority and any nurse should be reporting it regardless of if you clean up when you get home
it’s part if health & safety which can’t be ignored
I don’t know if funds allow but it sounds like you need a dog walker
sorry for a response you may not appreciate but this is the law - no point in getting legal because you won’t win
find a balance to how you can keep the place clean while you’re not there
only solution I can think of is to hire a dog walker or someone to come in once a day and clean up any mess
all the best and hope u find a workable solution
I am sympathetic to your problem. You might try feeding the dog a large meal at the end of the day and then after half hr. walk the animal until it poops. Give large bowl of water for the night. In the AM give the dog much smaller water and very light snack. Try pee pads (more sanitary) Walk the dog early AM before you leave, for maybe 5 min ..that may be enough time for the dog to pee.
I had a disabled friend who could not walk her dog at all. She placed pee pads in her kitchen for her dog. She paid a neighborhood kid to came in daily and pick up the pads and put them in a plastic bag to be disposed of later. Dog stores sell special boxes covered with washable material for house bond dogs to use. I read that a customer purchased the box and placed cat litter under the washable cover. No smell and easy disposal.
There are solutions so I am surprised that someone isn't working with you to help solve the problem instead of reporting you.
I hope this helps.
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