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 <strong>not</strong>e 17, at 2-3. 209 Id. 210 NYSED Review Team (2006), supra <strong>not</strong>e 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 <strong>not</strong>e 60, at 10. 215 Id. at 11. 56
TORTURE NOT TREATMENT 216 Id. 217 Id. 218 Id. at 12. 219 Id. at 19-20. 220 Id. at 21. 221 Id. at 23. 222 Id. at 31. 223 Id. at 32. 224 Id. at 33. 225 Nowak & MacArthur (2008), supra <strong>not</strong>e 124, at 76-77. 226 Committee Against <strong>Torture</strong>, Conclusions and Recommendations of the Committee against <strong>Torture</strong>: United States of America, 15 May 2000, A/55/44, para. 180(c). 227 Committee Against <strong>Torture</strong>, Conclusions and Recommendations of the Committee Against <strong>Torture</strong>: United States of America, 18 May 2006, CAT/C/USA/CO/2, para. 35. 228 Committee Against <strong>Torture</strong>, List of issues prior to the submission of the fifth periodic report of UNITED STATES OF AMERICA 9, 20 Jan. 2010, CAT/C/USA/Q/5. 229 Id. 230 Id. 57
Change language