Need legal advice, about nursing homes

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My mom, who has COPD, is in the rehabilitation part of a nursing home. She has been there for several weeks and is scheduled to be released a week from Thursday. For a few weeks before getting to the home she had been hospitalized. During the entire hospitalization and for the first few weeks at the home she hadn't smoked a single cigarette. My sister and I found out, a week ago Sunday, that she had been smoking for a couple of days. Upon finding that out we extracted a promise that she would be called immediately upon her having a cigarette. Given that promise we chose not to tell my dad she had smoked.

We found out today that she has been smoking nearly every day since then only because a resident who knows my dad told him that she was smoking. The smoking lounge is a locked room the key for which is kept at the nurses station, the community lighter is kept the same place, and an aide watches the patient as the patient smokes. In short, they damn well knew she was smoking.

For now, I need to know if she gets released on Thursday and my dad won't take her, are they responsible for her until we can line up a reasonable place for her to be. Neither my sister nor I live in handicapped accessible apartments and thus she really couldn't stay with either of us for more than a day or two. Also, is there any reasonable legal theory under which we could sue?