Rosewood works to allay complaints

 

11/16/06
By Linda Strowbridge


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Editor's note: This is the second part of a two-part story about the Rosewood Center in Owings Mills. The first part ran last week.

For 20 hours a day every day, he sat in a small room with only a bed, a chair and a table.

The room held no wall decorations or personal mementos, no television, no radio, no work to occupy him. Although he weighed more than 240 pounds, he had no opportunity to exercise. In fact, the only time he tasted fresh air was when he stepped from the building into the van that carried him to doctors' appointments.

He could play cards with the staff. But his only real reprieve was a two-hour window each day when everyone else left the building, and he was allowed into a living room to watch TV by himself.

The man, who cannot be named, is a resident of Rosewood Center in Owings Mills. And his story falls among the litany of incidents disability rights activists raise when they argue that Rosewood should be closed.

Activists renewed those calls for closure in September, when state inspectors documented so many incidents of physical abuse and violence at Rosewood that they threatened to cut the center's Medicaid support. Those reports, activists argue, are part of a long-standing pattern of civil rights violations at Rosewood that have stripped residents of basic freedoms and saddled Maryland taxpayers with high bills for care.

History of rights violations

Established in the 1800s as an "asylum and training school for the feeble-minded," Rosewood houses 203 adults and children with serious developmental disabilities. It also houses individuals who have been deemed mentally incompetent to stand trial.

In October, state officials said Rosewood had promptly addressed conditions that were placing residents in "immediate jeopardy" of harm, just as they have acted quickly on specific complaints of mistreatment in the past.

"But I don't have any confidence that the bad practices are over because of the history of that facility," said Rachel London , a Disability Law Center attorney who has represented Rosewood residents for two years. "The underlying issue is continuous rights violations. We have been seeing it for years and we have complained about it for years, and that's not going to be fixed."

In April, a law center report argued that Rosewood was using "seclusion" to control some residents in ways that violate both civil rights and federal regulations. Four residents (including the man described above) were locked in private areas for 16 to 24 hours a day.

In October, the Maryland State Department of Education determined that Rosewood and the Baltimore County Public Schools had violated federal law by failing to enroll a teenage resident in a local school for more than a year. Several other Rosewood children had suffered similar interruptions in their schooling.

In 2002, an investigation of a death at Rosewood concluded the facility was using physical restraints, especially straitjackets, excessively. Activists claim such mistreatment continues.

In September, state inspectors discovered that one resident had been physically or chemically restrained 14 times between June 19 and Aug. 29.

Center officials listed other violations in a September letter to Gov. Robert Ehrlich, including failure to provide basic services and communications to residents who are deaf or hearing-impaired, and failure to provide basic skills training to many residents.

Supreme Court ruling

In September, five disability rights organizations called on the state to close Rosewood by December 2008 and move all residents to high-quality, community-based programs.

"When you're not here and you don't know everything, it's an easy thing to say, 'close it down,' " said Joanne Knapp, who took over as interim director of Rosewood in late October.

Rosewood officials launched extensive efforts this fall to improve conditions at the facility, which already have sparked a "dramatic decrease" in the severity of behavior incidents, Knapp said.

However, Benjamin Dubin, vice chairman of the Baltimore County Commission on Disabilities, plans to approach legislators in Annapolis this January with the same request he makes every year --Ęclose Rosewood.

The U.S. Supreme Court ruled in 1999 that individuals with disabilities have the right to live in the community with community-based services, Dubin said.

Community-based services already support individuals who are as disabled as Rosewood's and typically give them more opportunities to develop skills, said Brian Cox, executive director of the Development Disabilities Council.

And, at a lower cost, Cox said, noting that keeping an individual at a state-owned center costs $165,000 to $263,000 annually while community-based care costs $77,000 to $79,000.

Money for community-based services, however, is scarce. More than 16,000 Marylanders with developmental disabilities are on a waiting list to receive state financing for community care.

During his 2002 campaign, Ehrlich declared that it is time "to start closing state institutions that warehouse people, rob them of their freedom and waste state taxpayer dollars."

Ehrlich, however, never acted on requests to close Rosewood, and activists haven't found another political champion for their cause.

Del. Bobby Zirkin, who was elected to the state Senate last week, said, "I do not think Rosewood should be shut down. I believe a particular population needs that kind of setting, and there are not sufficient resources in the community to serve them."

Rick Abbruzzese, a spokesman for Martin O'Malley, said the governor-elect hasn't developed a position on Rosewood, but will consider one after he takes office in January.