R.F. has been at Fernald for 45 years, and had been slated to be transferred to the Hogan Regional Center in Danvers. His guardian's appeal claims that he would not receive equal or better hospital-based medical services at Hogan than those available to residents at Fernald, and that the Hogan staff is not as well-qualified to care for R.F. as is his familiar staff at Fernald.
In his decision, Rooney rejected the administration's contention that the transfer appeal process does not apply in a situation in which a facility such as Fernald is being closed. A transfer like this is still a transfer, he said. He did rule, however, that R.F.'s guardian is precluded from contesting the closure of Fernald itself.
“I'm putting this decision in the win column,” said Susan Surette, co-guardian of P.D., another Fernald resident. Surette is similarly appealing P.D.'s transfer. “Its nice to be able to do that for a change.”
Rooney's decision appears to pave the way for a full-fledged hearing before DALA on R.F.'s case and potentially the other transfer appeals. It's unclear how long that process could take. Currently, there are less than 40 residents remaining at Fernald.
In a seperate transfer objection letter sent to DDS Commissioner Elin Howe last month, Surette and Patricia Beaulieu, the other co-guardian of P.D., contended his transfer to the Wrentham Developmental Center would constitute a “step back in time…into an institution — not a home.”
They argued that P.D. would face reduced living space and reduced freedom of movement at the renovated residential building at Wrentham to which he is slated to be transferred. P.D. suffers from pica, a potentially life-threatening condition in which he eats any ingestible object, bi-polar disorder, Chron's disease, colitis, and other medical and clinical conditions. His food intake must be carefully montiored. He is on at least eight medications.
P.D. relies on “familiar and trusted,” direct-care and clinical staff at Fernald, Surette's and Beaulieu's letter stated. Those staff members know from his body language, among other things, whether he may have inappropriately ingested an object. Two of those staff members, who have been with him for a combined total of 40 years, will be transferred to Wrentham, but not to P.D.'s residence there.
In addition, the letter stated that P.D.'s “greatest joy” in life is music, and he currently has a music therapist at Fernald who has worked with him for 10 years. There is no music therapist at Wrentham.
The letter added:
(P.D.'s) self-injurious behavior, which is increased by stress, literally puts his life in danger. There is no more stressful situation for (P.D.) than the instantaneous loss of everyone and everything he knows.
I admire the tenacity of these guardians, who are doing what they believe what is best for their loved ones. To be evicted from one’s home of 45 years would be traumatic for any individual, disabled or not. And it is certainly refreshing to hear of a judge who has the common sense to recognize that a transfer is a transfer.
PD currently resides in a spacious “house” in a neighborhood of similar houses at Fernald. The proposed transfer is to a two story brick bldg, institutional in appearance, style and design. The living quarters are similar to a hospital. It has been more years than I can remember since PD lived in such a setting. Which leads to my “back to an institution” statement.