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Fernald’s future
still pending
(August/September
2007 Issue)
By Elinor Nelson
The dispute continues over whether the state has the authority
to close the Fernald Development Center in Waltham, Mass., where
some of the most fragile and profoundly retarded people in the state
reside. They have an average age of 57 and length of stay of 47
years and many of their families are fighting for the right to keep
them in the only home they know. The parties are now waiting for
a decision from Federal District Court Judge Joseph L. Tauro.
U.S. Attorney Michael J. Sullivan, the court-appointed monitor,
filed a report on May 31, stating that the Intermediate Care Facilities
for the Mentally Retarded (ICF/MR - there are six including Fernald)
have improved dramatically since the 1970's, when litigation prompted
drastic changes. Many of the higher-functioning residents have been
moved to community residences, with 189 remaining at Fernald. The
question is whether these residents can get equal or better services
in other, less expensive settings.
Sullivan concluded that all of the state's ICF/MR's, and many of
the community residences can provide equal or better services -
and recognized that many residents had made successful transfers.
But, he saw the "true issue" running much deeper than simply transferring
these residents elsewhere. "For the severely mentally retarded,
such a loss of familiar surroundings and most importantly, people,
could have devastating effects that unravel years of positive, non-abusive
behavior . . . The slightest change can have dramatic and permanent
consequences." With many of the state's workers on these jobs for
20 to 30 years, "breaking these long bonds is not the solution these
residents deserve," he says. Sullivan suggests that the state look
into solving its financial problems by instead selling off some
of the excess acreage that surrounds the sites.
Mark Booher, Ph.D., of the Fernald League representing family members,
agrees. "People should have the choice to decide where they want
to be." He talks about his twin brothers-in-law, 49-year residents
of Fernald, blind, with cerebral palsy and "16 words between them."
They cannot communicate their needs and wants, he says, and staff
must infer their wishes. Change is terribly difficult for them.
Booher points out that the Fernald property is home to many other
service providers and offices as well and he cites a 2003 study
published by the American Association on Mental Retardation that
concluded that caring for people with these sorts of disabilities
may be even more expensive in the community setting than in centers
like Fernald.
Meanwhile, the DMR insists in its court filings that the state
has been in compliance all along, that keeping this population at
Fernald is too expensive compared to community-based services ($259,000
per person per year vs. $102,103. Booher thinks the state's calculations
are awry), that the state has a proven track record of successfully
closing institutions and moving patients to new facilities and that
any psychological damage to patients from the move would be temporary.
The DMR doesn't say definitively that it will close Fernald if given
the chance, but that the decision should rest with the state. Jennifer
Kritz, deputy communications director of the Executive Office of
Health and Human Services, says, "the administration has not yet
made a decision on the future of Fernald. It is an important decision
with a lot of factors to consider and, therefore, we want to take
our time. As was stated in the brief filed with the court, we feel
we have the authority and responsibility to make the decision on
the future of Fernald. At this point, we are waiting for the judge's
response."
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