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Archived VOR Weekly News Updates
CLICK HERE FOR AN UPDATE RE: H.R. 2839!
Notice of address change for dues and donations: As of August 1, 2007, dues and donations should be sent to, VOR, 836 S. Arlington Heights Rd., #351, Elk Grove Village, IL 60007. See http://www.vor.net/staff for additional VOR office locations. ----------------------------------------VOR Weekly E-Mail UpdateAugust 31, 2007 -----------------------------------------
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1. Massachusetts victory!! Judge bars closing of Fernald – says residents must be given chance to stay
2.
COFAR Editorial: Fernald’s
necessary 1. Massachusetts victory!! Judge bars closing of Fernald – says residents must be given chance to stay --------------------------------------------------------------------------------------------------------------------------------------------------
The Boston Globe (© Copyright The New York Times Company) August 15, 2007
A federal judge yesterday halted the state's plan to close the Fernald Development Center in Waltham, ruling that the profoundly mentally retarded residents who have lived there for decades must be given the opportunity to stay.
US District Judge Joseph L. Tauro found there has been a "systemic failure" by the state to consider the individual needs of longtime Fernald residents by pushing its plan to close state institutions and transfer residents to community-based group homes or smaller facilities.
In a seven-page ruling, Tauro said he agreed with the results of a court-ordered investigation by US Attorney Michael J. Sullivan, who concluded in March that for some Fernald residents a transfer "could have devastating effects that unravel years of positive, nonabusive behavior."
Tauro said his ruling does not mean the state may never close Fernald, which currently houses about 185 residents. "It does mean, however, that the Department of Mental Retardation must carefully assess the needs and wishes of each resident and provide a genuine and meaningful opportunity for their guardians to participate in their placement decisions," he wrote.
The state could now urge a federal appeals court to overturn Tauro's decision. It could continue to operate the facility as it is or choose to sell off part of the 190-acre property for development while continuing to care for remaining residents.
Juan Martinez, a spokesman for the Executive Office of Health and Human Services, said in a statement: "We are currently reviewing the memorandum and order issued by Judge Tauro today so that we may better understand them and decide how best to respond. In the meantime, the Patrick Administration has not made a decision on the future of Fernald."
The ruling, capping a 35-year legal battle over the state's care for the mentally retarded, was greeted as a victory by relatives and supporters of Fernald's residents and as a disappointing defeat by groups that have been pushing for the shutdown of all state-run institutions for the developmentally disabled.
"I'm pleased to hear that maybe this is going to come to an end and people can live their lives out in peace that want to stay there," said Marilyn Meagher, president of The Fernald League for the Retarded.
"There are many people who would like to stay at Fernald, and my sister is one," said Meagher, whose 56-year-old sister, Gail, has lived there since she was 4 years old. "It now gives us a choice."
But Leo V. Sarkissian -- executive director of The Arc of Massachusetts, which advocates for the developmentally disabled -- called the decision disappointing and said it will force the state to spend money to keep Fernald open at a time when there are waiting lists of mentally retarded people who are seeking placement in community-based group homes.
"We hope it's going to be appealed," Sarkissian said. "It's going to leave a legacy for this case not any of us want, basically to keep those state institutions open as long as possible."
Tauro monitored Fernald for decades while presiding over a landmark class-action lawsuit filed in 1972 over abuse of residents there and at four other state facilities for the mentally retarded. Tauro closed that case in 1993, but told patients' advocates at the time that they could ask him to reopen the case if the quality of care deteriorated.
In 2003, Governor Mitt Romney moved to close Fernald, which once housed as many as 2,000 people, saying residents would be better off in less costly community group homes and smaller state facilities. At the same time, the administration said it would open up the tract for development.
Fernald supporters contended that residents were being transferred to facilities where they received less care, in violation of the judge's earlier orders, prompting Tauro to review the case four years ago.
Governor Deval Patrick's administration argued in a lengthy brief to the court that Tauro did not have the authority to order the state to keep Fernald open because Sullivan's yearlong investigation had not found violations by the state, which has safely transferred hundreds from Fernald and other institutions.
Yesterday, Tauro officially reopened the old case and amended his prior orders, requiring the state to offer Fernald residents the option of remaining at the facility.
Diane Booher, whose 54-year-old twin brothers have lived at Fernald since they were 5, said Tauro's ruling will ensure that any transfers from Fernald are voluntary.
"If anybody wants to leave, this order should eliminate any question of coercive and harassing elements that the department has had in place since 2003," Booher said.
Colleen Lutkevich, executive director of the Massachusetts Coalition of Families and Advocates for the Retarded, said she hopes Tauro's ruling will encourage the Department of Mental Retardation to work with families of the remaining residents.
"This can bring us to a place where we can all talk and reach a new solution that will benefit Fernald residents and DMR," said Lutkevich, referring to proposals that call for selling off some of the campus, while renovating an area for the residents.
------------------------------------------------------------------------- 2. Press Release: COFAR Welcomes Fernald Ruling -------------------------------------------------------------------------
Summary: This press release was issued by the Massachusetts Coalition of Families and Advocates for the Retarded, Inc. (COFAR) in support of Judge Tauro’s ruling to preserve Fernald as a residential option. Colleen Lutkevich serves as COFAR’s Executive Director, and David Hart is the organization’s President. COFAR is a Massachusetts VOR affiliate. To learn more about COFAR, visit, http://www.cofar.org.
COFAR Welcomes Fernald Ruling August 15, 2007
COFAR, a 25-year old statewide organization of parent groups and individuals who care for the some of the most vulnerable people with mental retardation/developmental disabilities in Massachusetts, expressed relief and optimism yesterday as Federal Judge Joseph L. Tauro reaffirmed the right of such patients and their loved ones to choose settings for treatment, including the Fernald Center.
“This is a clear decision endorsing family choice and a full continuum of care,” said COFAR President David Hart. “The judge has told Massachusetts – and probably warned every other state government – that the law does not tolerate the kind of intimidation families faced when Governor Romney announced he was closing all the large facilities, and the Department of Mental Retardation warned families and guardians that they better transfer their loved ones out of Fernald in a hurry -- because those who waited wouldn’t get any choice at all.”
COFAR Executive Director Colleen M. Lutkevich noted, “This is a real win - not just for the Fernald residents, but for everyone who has a loved one in the care of DMR. Now we can hope that DMR and the [Patrick] Administration are ready to listen to families and to talk reasonably with us about the future of DMR - both in the facilities and in the community.”
Thomas J. Frain, vice-president of COFAR and an active lawyer advocate for people with mental retardation/developmental disability, adds, “If you look at the Judge’s memorandum, he is really concerned with the integrity of the Individual Service Plan (ISP) process, by which people served by DMR can define what they need and how it will be provided. These plans have to be based on the individual needs of the person, not on what the state decides to make available. For most of the people who still reside at Fernald, that facility is the best possible option for them. The Court Monitor visited there often, and his report warned that transfers ‘could have devastating effects.’ When DMR unilaterally announced that they were closing Fernald, and that option will no longer be available, that violated the ISP rights of every Fernald resident. Now they, and others who have been in state facilities since before the court-ordered reforms, will have the option to remain in their longtime homes and enjoy the fruits of those reforms.”
--end--
------------------------------------------------------------------------------------------------- Tamie Hopp
REFERRAL/MEMBERSHIP/CONTRIBUTION FORM
Elk Grove Village, IL 60007
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