Torture not Treatment - Disability Rights International

TORTURE NOT TREATMENT
199 Behavior Research Institute v. Mary Kay Leonard, Sup. Ct. Dept. of the Trial Ct., and Prob. and Fam. Ct. of the
Dept. of the Trial Ct., Docket No. 86E-0018-GI, Settlement Agreement, (December 12, 1986). Under the settlement
agreement, aversive procedures are only permitted with a court-ordered “substituted judgment” treatment plan.
In presenting requesting a court-ordered “substituted judgment” treatment plan, the petitioner must show (1) the
client’s inability to provide informed consent and (2) “target behaviors” to be treated; what procedures will be
used to treat the target behaviors; foreseeable adverse side-effects; professional discipline of staff members;
prognosis should the procedures be implements; opinions of the client’s family; client’s previous treatment at BRI
or elsewhere; description of appropriate behaviors; client’s IEP. The settlement agreement requires a monitor to
report to the court on the client’s treatment. The court will also appoint a doctor to oversee BRI’s compliance.
200 Id.
201 Behavior Research Institute et al v. Mary Kay Leonard, No. 86E-0018-GI, 12 (Mass. Super. Ct. Dept. of Trial Ct.
and the Prob. Ct. and Fam. Ct. Dept. of the Trial Ct. Dec. 12, 1986).
202 Jennifer Gonnerman, Why Can’t Massachusetts Shut Matthew Israel Down? 32 Mother Jones 36, 44 (Sept.-Oct.
2007).
203 Behavior Research Institute, Inc. v. Philip Campbell, No. 86E0018-Gl, 5 (Mass. Super. Ct. Dept. of Trial Ct. and the
Prob. Ct. and Fam. Ct. Dept. of the Trial Ct. Oct. 10, 1995).
204 Judge Rotenberg Educ. Ctr. v. Commissioner of the Dep’t of Mental Retardation (No. 1), 424 Mass. 430, 450-451
(1997).
205 Id. at 459.
206 Rick Karlin, Regents set to reject use of electric shock, Albany Times Union, January 9, 2007.
207 Jeanette Alleyne v. N.Y. State Educ. Dep’t, No. 1:06-cv-00994-GLS (N.D.N.Y 2010) (memorandum-decision and
order to the parties).
208 NYSED Review Team (2006), supra note 17, at 2-3.
209 Id.
210 NYSED Review Team (2006), supra note 17, at 11.
211 Massachusetts Office of Consumer Affairs and Business Regulation, “Judge Rotenberg Center clinicians fined
$43,000, Consent agreement with Board of Psychologists Reached,” Oct. 9, 2006, available at
http://www.arcmass.org/AversivesPress/tabid/592/Default.aspx#JRCfine
212 Abbie Ruzicka, Rotenberg Center director fined over clinicians’ titles, The Boston Globe, October 7, 2009.
213 Investigation Report, Massachusetts Department of Early Education and Care 4, November 1, 2007.
214 Certification Team (2009), supra note 60, at 10.
215 Id. at 11.
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