The Arc contended in its motion that the letter made “defamatory” statements about the Arc's role in approving the previous transfer from Fernald in February 2008 of 91-year-old Anna Tross to the same Bedford-based group home. The Arc was Tross's corporate guardian.
Tross, who had told several people that she did not want to leave Fernald, died in March 2009, a little over a year after she was moved to the Bedford residence. The Patrick administration is moving to close the Fernald Center as of June 30, and to shut down three additional state facilities for persons with mental retardation after that.
In a separate motion filed with Tauro in support of McDonald, the Wrentham Association for the Retarded, Inc., stated that McDonald's letter was based on sworn testimony that had been given in a February 2008 hearing held by Tauro. The hearing was held on the circumstances surrounding Tross's transfer.
The Wrentham Association motion argued that:
…there is no legitimate reason for effectively closing part of a judicial proceeding from the public with respect to the McDonald letter, or any other documents filed with this Court….Members of the community have a vested interest in protecting the rights of the mentally retarded, and understanding the operations of its government and government-funded contractors whether the information that is in the Court's files is flattering or not.
Meanwhile, in a second letter filed with Judge Tauro, another Fernald guardian, Sue Surrette, contended that the same Bedford residence:
…while beautifully furnished, has major personal and evrionmental safety issues that cannot be eliminated or ignored.
Surrette visited the Bedford home last month on behalf of her brother, who is a resident at Fernald. In her letter, which was written to the same DDS official that McDonald wrote to, Surrette said she had also visited the Wrentham Developmental Center, to which dozens of Fernald residents are expected to be transferred.
Surrette wrote that the sample living quarters she was shown at Wrentham appeared small and cramped, and were in a remotely located building on the campus without a yard for leisure activities. “It was in no way equal or better than Fernald,” she stated.
Surrette added that DDS is trying to “water down” her brother's clinical care plan (known as his Individual Support Plan) by eliminating oversight of his “ability to cause himself life-threatening injury.”
Surrette's letter stated that she felt she was being pressured “to commit to a course of action that I know will be detrimental to my brother's well-being.” Her letter added:
The Governor immediately reversed his policy on funding for zoo animals when their keepers alleged their lives were in danger. I expect him to do the same for elderly, severely mentally and physically disabled human beings when there is even the slightest chance his policy puts them at risk.
I applaud Judge Tauro, again, for doing the right thing!
and yet, still baby steps for respect for families and their disabled loved ones. The DDS is still directed by vendors, at the pleasure of a disconnected governor, in an environment that has no oversight. We must be ever vigilant, ever ready to fight the good fight.
At least we know one person is listening.
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p>A question, can someone clarify?
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p>I read the Wrentham Association’s motion. It cited various portions of the 1993 disengagement order and other legal references which allowed for the continuous collection of documents to be included in the official records and the courts obligations to monitor the compliance with the orders. Does this give the Judge the right to react to the situation based on the collection of documents without a guardian bringing someone to court?
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p>I’m no lawyer, was wondering if I am reading this correctly.
and will check into it.
I often wonder if I am misinterpreting these legal references.