Walsh stated that DDS scheduled an open house at the Bedford group home for February 14, 2010–almost exactly two years to the date after Tross was taken there. “The timing and setting of the open house are very unfortunate, and illustrate a complete lack of sensitivity to the guardians of the Fernald residents,” her letter added.
Tross, who was blind and had congestive heart failure, had told many people that she did not want to leave Fernald. DDS obtained approval to transfer Tross from her corporate guardian, the Arc of Greater Boston (GBARC), a DDS-funded human service provider.
In a daylong hearing in federal court in February 2008, Tross's then GBARC case manager testified that she had objected to the transfers of Tross and a number of other Fernald residents to the Bedford group home. GBARC subsequently stripped the case manager of her caseload and replaced her with a new case manager, who went along with the transfers.
Walsh's letter stated that Fernald guardians were never permitted to visit Tross at the Bedford group home. The only report they ever received about her condition was when she appeared at a dental clinic at Fernald about six months after her transfer. The letter stated that staff reported that Tross had lost weight, appeared sedated, and had a black eye.
Walsh's letter concluded that:
The testimony given that day (before Judge Tauro) was so powerful, and the actions of the Department so appalling, that no guardian sitting in Judge Tauro's courtroom will ever forget it. That is why your choice of the Bedford Group home, and in particular choosing the anniversary of that shameful day, shows an utter lack of compassion and understanding of the feelings of Fernald guardians.
The federal court hearing was part of the Ricci v. Okin litigation under which Fernald guardians initially challenged the planned closure of the facility. Following the hearing, U.S. District Court Judge Joseph Tauro assigned then U.S. Attorney Michael Sullivan to investigate the circumstances surrounding Tross's transfer.
Sullivan, however, never released a report of his investigation; and Tauro closed the entire case last year after his ruling that Fernald remain open as an option to residents was overturned by the First U.S. Circuit Court of Appeals. The case docket has remained open, however, to accept documents such as Walsh's letter.
The next step in fighting the transfer of her brother would be for Walsh to file an objection with DDS once the transfer notice is issued. After that, Walsh and other guardians would have the option of appealing to state Superior Court to block the transfers.
It is both amazing and disturbing the lengths to which the Department of Developmental Services and its vendors will go — deception, coercion, intimidation, threat, or innuendo — to control the wishes of families and/or guardians.
We guardians receive many such “invitations” and phone calls regarding various alternatives. As June 30th gets closer, the pressure on guardians will only become greater. Every guardian should follow Ms. Walsh-McDonald’s lead and voice their objections in writing. I know many have done this but I encourage everyone who hasn’t to do it now.
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p>I was in Judge Tauro’s court that day, almost two years ago, and I will never forget it. The testimony was powerful and the actions of the DDS and GBARC were indeed appalling. Judge Tauro, better than anyone, knew exactly what was happening….he has seen it all before.
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p>It was a travesty that the appeals court chose to completely disregard Judge Tauro’s unique expertise and wisdom only to come down on the side of an organization and people who could treat an elderly, mentally disabled and physically fragile person in such a cruel manner. What’s truly sickening is that we pay these people to do this.
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p>The appeals court decision has allowed this Governor and the DDS to proceed unchecked and accountable to no one. The wholesale forced relocation of these fragile people is underway and will continue until someone with influence, a backbone and basic human caring, a rare combination I admit, stands up and says enough.
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And then more. My friend went through this “reccommendation” process. As the democratic social darwinists would say, if they die, “problem solved”. Don’t let them bully you.
as long as we have to.
To a nice group home in the middle of nowhere where they held a 91-year-old woman without visitors for the final year of her life?
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p>Family guardians are so picky.
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p>Corporate guardins see the bigger picture, a canvass so vast that the people disappear.