May 31, 2007

Statement From Health And Human Services Secretary Dr. Judyann Bigby On Court Brief Filed On The Fernald Development Center

Today, the Commonwealth submitted its response to the Federal Court Monitor's report on the Fernald Development Center and its position regarding why the Court should not enter an order requiring the Department of Mental Retardation to include Fernald as an option for all residents when considering future placements.

As stated in our brief, after more than a year of review, the Court Monitor found that in all transfers of residents from Fernald, the Department has complied with all applicable law, including the Court's directive that residents only be transferred to settings in which they receive care equal or better to that afforded them at Fernald.

For this reason, there is no basis for the Court's proposed order requiring the Department to include Fernald as a continuing option for all Fernald residents; nor is there a basis for any other continued restriction on the ability of the Department to transfer residents from Fernald to community settings or other intermediate care facilities.

There are two particular ways in which the Court's proposed order threatens to interfere with the Department's ability to properly perform its responsibilities with respect to Fernald. First, by requiring the Department to make Fernald available as an option in every case, the Court's proposed order would interfere with Department's responsibility and authority to determine how to best serve the needs of the residents at Fernald. Second, by requiring the Commonwealth to include Fernald as an option for the indefinite future, the Court's proposed order would interfere with the Department's responsibility and authority to make appropriate decisions about the future of Fernald -- decisions which, by law, are entrusted to the Commonwealth and not the Court.

We take very seriously the responsibility and the complicated issues that come with the decision to close the Fernald Development Center. Therefore, the future of Fernald continues to be under review.