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Fernald Developmental Center still slated
for closure
(November 2004 Issue)

By Elinor Nelson

The Fernald Developmental Center in Waltham, Mass., a residential facility for the mentally and developmentally disabled, is filled with elderly residents who have known no other life. Profoundly retarded or developmentally disabled, they were children at a time when public schools were not an option and social services were scant; their parents felt they had no choice but to place them in institutions like Fernald.

The state, however, has slated Fernald for closure and while it's been unable to keep to the original schedule of closure by October 2004, the Department of Mental Retardation projects closure by 2006 or 2007. Says Donna Rheaume, DMR's spokesperson: "We're in the process of transitioning our folks from Fernald to either the community or one of our other facilities. We're working with the families to make the best possible placements based on their needs."

Rheaume declined to offer an estimate of cost savings, citing the complexity of downsizing the large Waltham campus. So far, she says, 35 residents have been placed out, leaving a population of 227.

Distraught at the plan to move severely disabled residents, families of Fernald patients have filed a lawsuit in federal district court to reopen the case of Ricci v. Okin, (which had adjudicated conditions at Fernald and other state institutions, entering a final order in 1993), stating their opposition to the planned closure.

Colleen Lutkevich, executive director of the Coalition of Families and Advocates for the Retarded (COFAR) advocates for the Fernald families and proposes a "postage stamp" concept for a "village of Fernald." Freely conceding a campus of valuable real estate, Lutkevich suggests selling off much of the land to support a small section used for the residents.

She recalls the years before the Ricci case, when "conditions in state facilities were abhorrent," and commends the lawsuit for improving conditions and moving many residents with "better ability" into less restrictive settings. But, she says, "those who remain there are more profoundly retarded and have more issues than those in community settings; they need to be there." She worries about them being separated from elderly parents and staff who know them and placed in other state institutions that could soon be slated for closure, too.

Nevertheless, many other advocacy groups are on the state's side, considering the institutionalization of even the severely impaired to be antiquated. "We believe that people can be served better in smaller settings with the right supports," says Leo Sarkissian, executive director of Arc of Massachusetts, the state arm of a lobbying group for retarded citizens. He says that if the state were to invest in Fernald, fix the buildings and make long-term capital expenditures, then DMR would be forced to continue to place patients there, counter to current trends. But, he cautions, all transfers must follow the principle of the money following the person.

Stan Eichner, director of litigation for the Disability Law Center (DLC), a private nonprofit funded mostly with federal funds, which represents the needs of the developmentally disabled, agrees with the state's plans. In a motion to intervene in the reopening of the Ricci lawsuit, the DLC cites a "core priority" of "advocating for the treatment of individuals with disabilities in the least restrictive environment and supporting efforts by DMR to follow the nationwide trend of moving [them] out of institutional settings and into appropriate, supported community settings."