All six transferred residents, including the elderly woman, are represented legally by the same corporate guardian, the Arc of Greater Boston (GBARC), which approved the moves in cooperation with the Department of Mental Retardation. The woman, who had lived at Fernald for 50 years, had repeatedly told her longtime caregivers that she didn't want to leave the facility.
As was reported here on BMG, the 91-year-old woman was transferred from the Center last week to a newly constructed group home in Bedford after having been told by two staff members of the new home that they were taking her out only for coffee.
In an affidavit filed with Cohen's motion, Fernald League President Marilyn Meagher stated that the transfers of all of the GBARC wards were done without the approval of their clinical teams at Fernald. She also stated that professional and direct-care staff at Fernald were threatened by DMR with insubordination if they opposed the transfers.
In addition, Meagher said, corporate guardians who have refused to approve transfers of their wards have been replaced. That was the case with the elderly woman, whose initial corporate guardian, who had objected to the tranfer, was replaced by another GBARC guardian.
In his motion to bar further transfers from Fernald pending the outcome of the appeal, Cohen noted that the administration had sought and received two extensions to file its appeal brief, which was originally due on February 5. The administration's brief is now due Wednesday. During the period following the original filing date for its brief, DMR has been able to transfer a “significant number” of Fernald residents to other facilities, Cohen's motion stated.
Once again KUDOS to Judge Tauro for granting the request for a hearing regarding the transfer of residents out of Fernald. Now, the state and DMR will have to offer PROOF that these all too suspicious moves were in fact in compliance with the federal courts ruling.
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p>Judge Tauro has always been a TRUE ADVOCATE for all mentally retarded individuals. His rulings have always been made with true consideration and compassion for what is best for ALL (including the few remaining at Fernald).
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p>I trust that he will again see through all the smoke and mirrors and at the end of the day do what is right because it is right.
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should have jurisdiction here? Regardless of the merits of the case, why should a Federal Judge have jurisdiction here. Fernald is a state institution correct?
as long as the state is using Medicaid money (federal bucks) to run the facility, and it will be open to federal review. In fact, these facilities are reviewed annually under federal regs. You should also be aware that Massachusetts was under a 1970’s federal consent decree due to the conditions that were allowed to exist, which violated both state and federal statutes. The Commonwealth promised to “do better” this time around. It shows you what those promises are worth. I expected better from Mr. Patrick, but in this regard…he’s more like Romney lite.
The story about this 91-year old woman is indefensible. Sometime the actions of “alleged” human service employees begs the question, “do they consider their clients are human beings or just business school widgets?”
This story is truley Elder Abuse. What is the reason for this woman to move…Fernald has not been closed! Her wises have not been taken into consideration. She has said on many occasions that she did not want to move….Why is no one listening?
and will take appropriate action. It’s disturbing that these folks will be “collateral damage” in the march towards complete deinstitutionalization, which plays right into the hands of the corporations that will gain the most: the vendors. With little oversight by the state – is it any wonder why the feds feel like they need to step in? We have a seriously underfunded Disabled Persons Protection Commission, and that’s not unintentional. Even when the DPPC does manage to crank out a report, the DMR continually denies the data and trots out its favorite co-opted advocates in favor of their policies.
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p>Light a candle next week at Arch Street. These poor people are going to need it.
Shame on GBARC and DMR. Why would it not be reasonable for residents and their clinical teams to be in the best position to decide which facility will best provide for each resident’s physical and emotional comfort and safety.
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p>I would have hoped that GBARC and DMR serve the interests of the residents, not the other way around.
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p>As the grateful caregiver of my dear 93 year old mother (“the ancient Republican”) who struggles daily with even small changes, I can imagine how traumatic this move has been for the 91 year old.
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very nearly a wholly owned subsidiary of the ARCs now…and most are multimillion dollar vendors for the state, a fact of which many people are not aware. The state has allowed the DMR to investigate itself for years, and even when the DPPC steps in, the DMR whitewashes the story. House Post Audit stepped in about ten years ago after two men with MR were found to have been “fostered out” to a guy who was cashing their disability checks while keeping them chained to the radiator when they weren’t “working” for him. How does something like this happen in this very blue state? BECAUSE THERE IS LITTLE OR NO OVERSIGHT. Anyway, the report was DAMNING – and the problems in the DMR were chronic and pervasive. The new Commissioner pledged to change the system. Except – he kept not even a quarter of the promises he made, and then joined with Romney and the MARC to force the closure of the state facilities with little regard for people who still lived there. These medically fragile multiply handicapped people have lived at Fernald and the other facilities most of their lives and it’s a crying shame that the “progressive” in the corner office can’t be bothered to meet with these families and actually learn something about them.
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p>Still waiting for hope….still waiting for change….
to help? It feels so little to just write to Ben Downing and Steve Kulik and Deval Patrick, but I am more than willing.
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p>Sorry to place the burden of teacher on you, but if you could direct me to websites or other places I can learn more and do something, I would appreciate your help.
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p>This is a travesty.
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p>When faced with what feels like the brick wall of governmental or popular indifference, I am reminded of the Governor of Papua, New Guinea who said at the recent world conference on global climate change:
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p>”Think big, start small, act now, because later could be too late.”
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p>I’m ready to start.
You can attend the hearing Tuesday morning in Judge Tauro’s courtroom and meet many of the people involved.
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p>You can join the Fernald League by writing to P.O. BOX 85, Belmont, MA 02478-0002, or calling 781-891-7345.
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p>There is a website (www.cofar.org) that has a lot of good background information on the Fernald situation. You can also join COFAR, the statewide organization (see the website Join Us page.
Thanks. (Won’t be able to be in Judge Tauro’s courtroom while I am still away, but can do the rest).
Hearing set for 2/26/2008 10:00 AM in Courtroom 22 before Judge Joseph L. Tauro on: Motion To Prohibit Transfer Of Fernald Residents Affidavit Supporting Motion To Prohibit Transfers
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p>United States District Court
John J. Moakley Courthouse
1 Courthouse Way
Boston, MA
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p>Come and join us! Some one is listening!!!
Who do you people think you are? What gives you the right to question a decision of guardian? Obviously, Judge Tauro is not questioning the action of the guardian. And who is this Marilyn who thinks she can just show up at someone’s home? My advice to all of you: Leave this poor woman alone! There are thousands of people currently being served by DMR and thousands of people still needing DMR services. Fernald has outlived its usefulness. The place is falling apart and the staff there care more about their jobs than the people they are supposed to be taking care of. Congrats to DMR for not forgetting this 91 year old. Who wouldn’t want to live in a house in Bedford rather than a backward at Fernald.