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Lawmakers contemplating sex offender notification laws in long-term care facilities following FOCUS investigation

FOCUS spent days building a database of sex offenders with addresses matching LTCFs and found dozens in Kentucky and Indiana. Now lawmakers are considering a change.

LOUISVILLE, Ky. — At 100-years-old, Kathryn Westmoreland has been in a few nursing homes.

But what she and her family didn't know is at two of her previous facilities at least one registered sex offender also lived there.

“That shouldn't be anything that I should have to stumble across,” Jill Westmoreland, Kathryn’s daughter told FOCUS investigator John Charlton when he told her what he found.

When residents move in, families usually don’t think to search the sex offender registry of their respective states.

“These are things that just need to be released,” Westmoreland said.

She argues the nursing homes should have disclosed this information to them.

The FOCUS team took what we found to state lawmakers and asked is Kentucky doing enough to protect the elderly

“No, Kentucky's not doing enough to protect the elderly,” Kentucky State Senator David Yates, (D)-District 37, said.

We revealed to Sen. Yates that we found at least 7 sex offenders registered with home address matching the addresses of at least 6 long-term care facilities in Kentucky.

“I think the shock would be the first reaction to everyone,” he said.

Yates says he has already been working on bill that would lead to full disclosure.

It would start with homes informing incoming residents about the sex offender registry, and if necessary, to help them navigate it.

“In the event that you are absolutely aware that someone there in your facility is a registered sex offender, that you simply put them on notice of it,” Sen. Yates explained.

At that point, the facility would then be forced to disclose that information to everyone there, including current residents and staff.

“I think that's a very low burden,” Yates said.

Like Kentucky, Indiana has no current laws requiring full disclosure of sex offenders in long-term care facilities.

The FOCUS team discuss the matter full disclosure with State Senator Aaron Freeman, (R)-District 32.

“You spotted the issue, no doubt,” he said.

In Indiana, we found at least 85 sex offenders living in at least 35 long-term care facilities.

“You bringing that to our attention is certainly not good news,” Senator Freeman said.

The FOCUS team even found at least three sex offenders registered to work addresses matching at least three facilities.

According to the Indiana Health Care Association, criminal background checks of employees at long-term care facilities are required.

If crimes of abuse, including sexual abuse, show up, they're prohibited from working there.

“That's something that we're going to have to look at, I mean, we need to do that quickly,” Senator Freeman said.

Freeman admits that it's likely too late this session to introduce a bill on notification, but now he's aware.

“Clearly, if there's a gap in the law, and something that needs to be looked at, I'm certainly willing to do that,” Senator Freeman said.  “As I think many of my colleagues would be.”

While laws are being contemplated, families can use the sex offender registry themselves.

Here is a guide to show you how to search the registries in Kentucky and Indiana.

You can also see our full FOCUS investigation.

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