The use of surveillance cameras in public places is part of life today.
They are placed on street corners and intersections; they monitor gas stations, stores, malls, and public buildings.
We’re used to being “watched” as we shop, travel, and move about…
And while most of us feel strongly about our right to privacy, by and large, we understand the reasons behind their use:
- Traffic management: they help to monitor and regulate traffic flow.
- Crime prevention: they help deter criminal activity and investigate crimes.
- Surveillance of sensitive areas: they help to keep the public safe by monitoring high-risk areas such as government buildings, airports, and financial institutions.
Security Devices in Facilities
But what about the use of security cameras in facilities?
What are their use cases, and does their use violate residents’ right to privacy?
You see, today, surveillance cameras are allowed in Nursing homes in nine states, provided the resident and roommate, if there is another person in the room, both consent to their use.
Most states have specific regulations to follow if electronic monitoring is placed in a nursing home. Currently, Kansas, Texas, Washington, Oklahoma, New Mexico, Minnesota, Louisiana, Illinois, and more are coming “on board” to allow electronic monitoring of residents.
Nursing homes may not discriminate or retaliate against a resident who wishes to have a monitoring device installed. The cost of the unit, installation, and maintenance is the responsibility of the resident or the family.
What happens if there is a need for a surveillance device, but the resident cannot afford it?
In some states, such as Illinois, there is a provision in the law to help residents pay for camera surveillance if they cannot do so themselves due to limited financial means. A budget of approximately $50,000 is there to assist the underserved.
Why Install a Camera?
Usually, a camera is installed due to a history of abuse, neglect, or theft of the resident’s personal property.
And even though facilities are required to conduct a criminal background check on employees and residents, it may fall through “the cracks,” and the criminal behavior may continue, either by an employee or a resident of the facility.
To have a loved one living in a facility when there is suspected abuse, neglect, or theft is beyond frustrating and upsetting.
When there are unexplained bruises, injuries, loss of personal belongings, and falls with or without injury, anyone would want an answer.
While having appropriate documentation and evidence can go a long way to stop the behavior, placing a surveillance camera in the room to monitor activities may be a far stronger deterrent.
Most states require that the facility be notified when a surveillance camera is installed in a resident’s room.
In fact, there has been an incident of monitoring where the abuse was documented. However, the evidence was not allowed in court because the facility was never notified, and the Judge had to trough out the evidence.
Recently I was visiting a home, and in the bedroom of the private client, the family had placed a camera to monitor not only their loved one but also the caregivers.
An example of the Illinois law outlines the requirements for placement of the cameras in Illinois; it is all outlined in the administrative code in Illinois.
Other states allowing camera surveillance will also have regulations. Contact the public health agency that oversees facilities for more information.
It is essential to know and understand the state requirements. As mentioned earlier, to use the evidence in court, regulations must be followed if abuse, neglect, and theft occur.
Knowing what is going on with your loved one when you cannot visit is essential. Sadly in an Oklahoma nursing home, a resident with dementia was abused by two employees. The hidden camera caught the two employees abusing the resident and consequently convicted them.
But what happens if a state does not have regulations about using camera surveillance for residents?
In such cases, installing a “hidden” camera that visually records but does not record voices may be possible.
This has been done successfully in some cases in the country. The predators have been caught and convicted of the abuse.
It is essential to know who is taking care of your loved one. Know the full names of the individual, the providers, and other staff.
Keep a written record of the name; if there are questionable incidents, document and report it to the administration and make a police report.
We know their names and title when we go to an outside medical provider. Why shouldn’t it be the same in a care facility?
Don’t be tempted to overlook, and do not keep silent if there are questionable bruises, injuries, and loss of personal items. Documents and even pictures are extremely helpful.