Inclusion Daily Express -- Judge Orders Federal Investigation Into Fernald Transfer

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Judge Orders Federal Investigation Into Fernald Transfer
By Dave Reynolds, Inclusion Daily Express
February 27, 2008

WALTHAM, MASSACHUSETTS--Last August, U.S. District Judge Joseph Tauro ruled that the state must give those who do not want to move out of Fernald Developmental Center the option to stay.

The following month, Governor Deval Patrick said his administration would shut down the aging facility and transfer the residents to other state-run institutions and homes in the community.

On Tuesday, Judge Tauro ordered the U.S. Attorney's Office to investigate whether a 91-year-old resident had been moved from the institution against her will.

The woman, who is being identified in news reports as "Anna", has an intellectual disability, along with hearing- and vision-related disabilities. She moved from Fernald to a group home on February 13.

Her guardian testified on Monday that Anna was satisfied with the move and said she did not want to go back to Fernald.

Others testified, however, that Anna said she did not want to leave the facility.

Tauro wants to find out whether his August order was violated.

Last week, the state was given an extension until March 20 to appeal Tauro's original order.

State officials say that continuing to operate the 160-year-old institution -- the oldest in the Western Hemisphere -- goes against the national trend toward community living. They and other advocates point out that, at a cost of more than $239,000 per resident each year -- not to mention $14 million to $20 million in capital improvements -- it is far too expensive to keep the facility open for the 180 or so people still housed there.

Governor Patrick intends to follow through on the commitment made in 2003 by then-Governor Mitt Romney to close Fernald and move its residents to other state-run facilities or into homes in the community. Romney hinted that closing Fernald was a first step in de-institutionalizing the Commonwealth of Massachusetts.

Determined to stop the closure, employees and family members of institution residents have worked effectively to slow down that process.

Related:
"Fernald Developmental Center -- Oldest Institution In the Americas" (Inclusion Daily Express Archives)
http://www.inclusiondaily.com/news/institutions/ma/fernald.htm

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