Free Walden
Disability, Intersectionality. Autonomy, Human Rights, and
the Fight to Shut Down the Judge Rotenberg Center
Massachusetts Department of Children & Families
(formerly Office for Children)
versus
The Judge Rotenberg Center
(formerly Behavior Research Institute)
by KG September 30, 2022
The Massachusetts Department of Children and Families (DCF), formerly the Office for Children (OFC), is a part of the Office of Health and Human Services that is meant to provide services and supports to keep children safe from abuse and neglect. The DCF is responsible for regulating group homes, but it failed to stop Matthew Israel and the Judge Rotenberg Center from abusing and torturing disabled students.
The Judge Rotenberg Center, which was originally called the Behavior Research Institute, opened its first Massachusetts facility in 1975. Matthew Israel was given a license to use physical aversives/punishments on autistic and mentally ill students to modify their behavior. The BRI slapped, spanked, pinched, and squeezed autistic students. There were water sprays to the face, hot peppers under the tongue, ammonia pellets to smell, cold showers, humiliation, contingent food programs, sensory deprivation, restraint, seclusion, a helmet that emits loud static, and eventually an electric shock device that some disabled students would wear 24-7, 365 days a year.
At the Behavior Research Institute in Rhode Island, on June 28, 1978, a non-speaking autistic boy, was so badly bruised from aversives on his thighs, arms, and face that he was admitted to the hospital with blood poisoning. He was covered in lacerations, was severely underweight, and started having seizures. A month earlier staff handcuffed him to a chair which was handcuffed to a fire escape ladder so he wouldn't run away. New Jersey investigated but found that the claims were “unsubstantiated” (2).
That same year, a former employee at the BRI of California, Kathy Corwin, reported witnessing Matthew Israel “fingernail-pinching” the bottom of a 12-year-old resident’s feet for going to the bathroom in the shower on October 28, 1978. He would receive about 24 pinches during a half-hour period of this therapy session. The boy was crying and screaming out in pain. Another employee, Nancy Thibeault, testified that his feet had bloody oozing open wounds on the soles of his feet the next day, but employees continued to pinch the bottom of his feet. When Kathy Corwin returned to the BRI after 2 days off the resident’s soles of his feet were bloodied, blistered, and skinless. Matthew Israel defended his treatment of this boy, “As I recall no skin was broken…[The student] is alive, well, happy, healthy, behaving better than ever, and with not a single serious or semi-serious injury from any treatment procedure administered by me or the staff of B.R.I. California" (2).
On April 19, 1979, Massachusetts Senator Jack Backman wrote to the Department of Children and Families (DCF) asserting that the Behavior Research Institute was in violation of a state statute prohibiting corporal punishment (2). The DCF allowed the BRI/JRC to use aversives on neurodivergent children and continued to approve the facilities hierarchy of aversive (2, 3). Whether the Massachusetts Department of Children and Families was aware of what was happening inside Israel’s facilities or not, it showed no desire to stop the abusive behavior until the mid-1980s.
In March and April of 1985, the DCF decided to investigate the use of corporal punishment at the BRI/JRC, sending Michael Avery, a Massachusetts licensing investigator, to the facility for a total of 250 hours. The BRI/JRC had changed the hierarchy of aversives without notifying the DCF. Avery not only witnessed aversives being administered to students but also experienced them himself. He discovered one student that had been spanked 133 times within 2 hours and another student was made to wear leg chains for extended periods of time. Some students wore wet clothes hours after they had been punished by water squirts and cold showers. Avery denied the BRI’s license concluding that their behavior modification program did not work and that they were in serious noncompliance with regulation (2).
A couple of months later, on July 23, 1985, Vincent Milletich, a 22-year-old autistic resident of a BRI/JRC group home in Seekonk, Massachusetts died, while being restrained to a chair with his feet and hands in cuffs, his face masked, and forced to wear a helmet with earphones that blasted incredibly loud static. Vincent Milletich either suffocated or had a fatal seizure, but the BRI/JRC claimed that he died of tardive dyskinesia. (11)
The Massachusetts Department of Education ordered the BRI/JRC to stop using “white noise therapy” on Massachusetts residents as they investigated Vincent Milletich’s death and a judge ruled his death was due to negligence. At this time the BRI/JRC ran 7 group homes in SE Massachusetts and Providence Rhode Island, serving about 65 people.
4-point restraint chair at the Judge Rotenberg Center. Photo credit: ABC News
Later that summer, on August 28, 1985, Michael Avery and the DCF's acting director of group-care licensing, Bette McClure, visited the BRI and found that a doctor was approving the excessive use of aversives. On September 16, 1985, an ex-employee of the BRI called Michael Avery to tell him that the facility had changed the contingent-food program without notifying the DCF and that every student had to earn their food through a reward and punishment system. The next day, September 17, 1985, Michael Avery made a surprise visit to the BRI and confirmed that the claims were true (2).
On September 26, 1985, the Massachusetts Department of Children and Families issued an emergency order to close the BRI/JRC citing the facility's disregard for regulatory requirements and excessive punishments that jeopardized the health, safety, and welfare of its students. The DCF suspended the BRI's license (1, 2, 12).
The BRI/JRC appealed and countersued the Department of Children and Families. A group of residents’ parents filed a suit against the agency because they wanted aversives used on their children (1, 14). On October 23, 1985, a magistrate judge recommended that the BRI/JRC remain open as long as they do not use cold showers, “white noise” therapy, withholding food as punishment, or spanking. The Department of Children and Families agreed and scheduled hearings to “allow BRI one more chance to present to the office exactly what aversive procedures it wishes to use'' and ''to demonstrate that BRI now has the needed safeguards in place'' (1, 13, 14).
On December 12, 1985, the Department of Children and Families, the BRI, and some of the student’s parents entered into a settlement agreement that prohibited the DCF from interfering with the institute and allowed the BRI/JRC to continue using aversives as long as they got court approval through “substituted judgment” proceedings (1, 3, 19, C3).
On December 30, 1985, the Department of Children and Families decided to reconsider the banning of aversives at the BRI's/JRC's facilities, and the director of the department, Mary Kay Leonard, appointed a panel of experts to deliver a report (14), which was published in April 1986 (12), regarding using aversives on autistic children. The Department of Children and Families issued the BRI/JRC an emergency order threatening to take away its license if they didn't get their shit together. The Behavior Research Institute/JRC then sued the state for abusing its power, targeting the facility, and violating the rights of students to receive "treatment". On June 4, 1986, Bristol County Probate and Family Court Judge Ernest Rotenberg agreed. The judge prohibited the DCF from interfering with the BRI/JRC anymore, appointed the Massachusetts Department of Mental Health to be in charge of licensing, and allowed the facility to continue using aversives (12, C9).
In December 1986, the BRI demanded $5 million in damages from Department of Children and Families director Mary Kay Leonard (16). The next month, on January 7, 1987, The DCF and Behavior Research Institute/JRC settled with a consent decree, which allowed Bristol County Probate and Family Court to be in control of the case. The BRI/JRC was allowed to continue using aversives as long as employees got permission for each individual student from a judge through a "substituted judgment" hearing.
The State also agreed to pay $580,000 to the BRI. A psychologist, John Daignault, was appointed to monitor the BRI’s educational and treatment programs (1, 67, 68).
The consent decree was meant to terminate in a year, and there have been many attempts to vacate it, but still remains in place today. As of May 19, 2022, the Judge Rotenberg Center (et al) and the Department of Developmental Services filed a joint application for appellate review with the Massachusetts Supreme Judicial Court (1, 67, 68, 70, C10).
References:
1. Paul Kix. June 17, 2008. “The Shocking Truth” Boston Magazine.
https://www.bostonmagazine.com/2008/06/17/the-shocking-truth/
2. Ric Kahn. November 26, 1985. “Dr. Hurt” The Boston Pheonix. Article and related pictures arranged by Derrick Jeffries, March 10, 2008. Archived by Lydia X.Z. Brown.
3. David Wharton. August 14, 1986. “After a Troubled Past, Autistic Home Reopens” Los Angeles Times. https://www.latimes.com/archives/la-xpm-1986-08-14-vw-7093-story.html
11. Autism Memorial: Remembering Autistic Homicide Victims. Retrieved August 17, 2022. https://autismmemorial.wordpress.com/
12. Fox Butterfield. “Judge Backs Discipline at Institute For AutisticJune 5, 1986. New York Times.
https://www.nytimes.com/1986/06/05/us/judge-backs-discipline-at-institute-for-autistic.html
13.Jim Ratray. “Massachusetts Officials Complied Thursday With a Judge's Recommendation…” October 24, 1985. United Press International.
14. Fox Butterfield “Discipline Ruling at Autism Facility” Dec. 31, 1985. New York Times. https://www.nytimes.com/1985/12/31/us/discipline-ruling-at-autism-facility.html
15. John King. “Student at Controversial School For Autistic Dies After Heart Attack” June 25, 1987. Associated Press.
https://apnews.com/article/e26bb25c999014420c810b9f2aea6bd2
16. Newsweek Staff. “How to Treat Autistic Kids” November 30, 1986. Newsweek.
https://www.newsweek.com/how-treat-autistic-kids-207010
19. Bob Pool. “Closed After Northridge Fire: Autistic Youth Institute to Reopen--in Sunland” May 13, 1986. Los Angeles Times.
https://www.latimes.com/archives/la-xpm-1986-05-13-me-6008-story.html
44.Nirmala Erevelles, DL Adams. Unexpected spaces of confinement: Aversive
technologies, intellectual disability, and ‘‘bare life’’. April 21, 2017.
https://journals.sagepub.com/doi/abs/10.1177/1462474517705147
67. Mitchell Zuckoff. “Settlement Reached In Autism Treatment Dispute”
December 12, 1986. Associated Press.
https://apnews.com/article/b4604b1185ea36cb7f8b8f6efa8032a3
68. Lydia X.Z. Brown “Court Hearing on JRC - October 26” October 13, 2015
https://www.autistichoya.com/2015/10/court-hearing-on-jrc-october-26.html
70. Senator Brian A Joyce. Press Release. “Sen. Joyce Applauds Gov.’s Efforts to Stop Abuse at JRC Commonwealth files motion to vacate court order allowing the use of shock treatment on disabled children” February 15, 2013.
http://web.archive.org/web/20130705164202/http://brianajoyce.com/pressreleases/sen-joyce-applauds-gov-s-efforts-stop-abuse-jrc
Court Documents:
(C3)Settlement Agreement between Massachusetts Office of Children and the BRI. December 12, 1986.
Photocopy of original. (not text accessible):
https://autistichoya.files.wordpress.com/2016/04/jrc_settlement_agreement.pdf
(C9) The Judge Rotenberg Educational Center, Inc., & others vs. Commissioner of The Department Of Mental Retardation . 424 Mass. 430. November 5, 1996 - March 13, 1997. Bristol County