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Fernald transfers
are halted
(April 2006
Issue)
By Pamela Berard
A federal judge has ordered the state to indefinitely halt the
transfer of people with mental retardation from the Fernald Development
Center.
Gov. Mitt Romney's administration has been trying to close the
190-acre Waltham facility and more than 50 residents have been transferred
to other state institutions or community settings. But U.S. District
Judge Joseph L. Tauro ordered the state to halt the transfers and
appointed U.S. Attorney Michael J. Sullivan to review whether the
state Department of Mental Retardation had violated the rights of
the 43 residents who have been transferred from Fernald since 2003.
Christina Dilorio-Sterling, spokeswoman for Sullivan's office,
says the plan is to review each of the 43 cases. As for the timetable,
she says, "The judge did say in open court that he thought the examination
would take six months to one year."
State officials say all transfers have been voluntary, but some
Fernald supporters say not all former residents are getting equal
or better quality of care, in violation of Tauro's 1993 court order
protecting the rights of people with mental retardation.
Dick Powers, spokesman for the Department of Mental Retardation,
says none of the patients have asked to return to Fernald. "They've
been extremely satisfied with their placements," he says.
He says the policy is part of a long-term plan to phase out large,
centralized institutions in favor of community-based care. "We welcome
working with the court monitor and we're optimistic he will find
that all of the transfers have been made properly," Powers says.
The state maintains that Fernald should be closed. "It's the oldest
such facility in the state," Powers says. "To keep it running properly
is cost prohibitive because of all of the capital improvements that
have to be made. Certainly there are people who are going to be
in institutions for all of their lives. But we believe there are
many who would be better served in a community-based program."
But advocates for keeping Fernald open say the campus is the best
place for the remaining residents, many of whom have lived at the
facility for decades.
Colleen Lutkevich, executive director of the Massachusetts Coalition
of Families and Advocates for the Retarded Inc. (COFAR), says Fernald
families do not want their relatives transferred out. She says many
of the remaining residents are elderly and are severely and profoundly
retarded. They are not the kind of residents who would benefit from
being in the community, she adds.
"By and large, if you've seen the statistics of who is at Fernald,
it's not just a physical disability. It's a cognitive disability."
Lutkevich has a sister with mental retardation at the Wrentham campus
and says like Fernald's remaining residents, "she's looking for
a routine with familiar faces and friends. She's not looking to
broaden her horizons" or get a job, go to the movies or be out in
the community. "Routine is everything to the profoundly retarded,"
she says. "Most of (Fernald's residents) have been there since childhood,
and they are 50 and over and many in their 70s and 80s."
Lutkevich says families of Fernald residents are happy with the
services and staff in place at the facility and that the atmosphere
among residents is like family. She says community-based facilities
work for some, but would be more restrictive for the current population
at Fernald. She says instead of creating other facilities in the
state, they would like to see a smaller facility constructed on
the Fernald site.
Lutkevich says in addition to the court reviewing the Fernald transfers,
"they are looking at the whole system, which is really encouraging,
I think."
Tauro presided over a class-action lawsuit filed in 1972 that ordered
dramatic improvements at institutions, including Fernald. He closed
the case in 1993, but urged plaintiffs to seek help if violations
were observed. After Tauro's ruling, the Fernald population shrank
as state officials saw costs rise to provide the court-ordered quality
of care. Advocates say Tauro's final order guaranteed that no one
would be transferred unless they were offered ''equal or better"
services elsewhere. They say staying at Fernald and other state
institutions is in the best interest of many.
"The point of the whole lawsuit was to raise the bar for everyone,"
says Lutkevich.
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