Test of wills at Fernald

WALTHAM -- Ever so quietly, a standoff is taking place at the Fernald Developmental Center.

The state wants to close the institution, which dates to the 19th century. Many relatives and other guardians of its residents want to keep it open.

At one time, Fernald held more than 2,000 people. As of last month, 199 lived there. Ranging in age from 35 to 93, they are among the most profoundly retarded and severely handicapped people in the state. Many have physical handicaps and medical problems that leave them unable to feed themselves, bathe, or use a toilet on their own.

Those who want to close Fernald -- the country's first public school for the mentally retarded -- say that large institutional facilities are outmoded and are misguided in segregating handicapped people from the rest of society.

Institutional living has become less common as the state has shifted toward placing mentally retarded people into community-based settings, such as group homes and supervised apartments. Since the late 1970s, 85 percent of the people who lived in state institutions have been placed in such settings, according to the Arc of Massachusetts, an advocacy group that supports closing Fernald.

Fernald has been operating in Waltham since the 1880s. The school's campus, off Trapelo Road near the borders of Watertown and Belmont, consists of 70 buildings -- some shuttered, others leased to human services organizations -- spread over 196 acres. Such a large piece of real estate would be attractive to both private and public buyers, including the city of Waltham.

Fernald administrators are sending letters to the families and guardians of remaining residents that state: ''As you know, the Fernald Developmental Center is closing, and remaining at the facility will no longer be an option."

But many families view this as an eviction notice for their relatives, most of whom cannot speak, never mind read a letter.

They say their relatives have benefited from Fernald's therapeutic pool, on-site medical and dental services, and spacious grounds. Noting a 1993 court order stating that institutionalized residents can be moved only to facilities offering ''equal or better" services, they say no place is better than, or even equal to, Fernald.

If the state had its way, Fernald might be closed by now. At least that's what Governor Mitt Romney envisioned in early 2003 when he announced plans to phase out the state's six institutions for the mentally retarded, beginning with the Waltham facility.

After the governor's announcement, a state spokeswoman initially estimated that closing Fernald would take a year. A few months later, Beacon Hill lawmakers passed legislation to ensure that Fernald would not be closed before October 2004.

The state still plans to close Fernald, but has no target date, according to Richard Powers, spokesman for the Executive Office of Health and Human Services, which includes the Department of Mental Retardation. ''From our perspective," he said of the target date, ''it's always been when we have found equal or better care for each person there."

The Fernald League for the Retarded represents 133 residents whose families want the institution to stay open, said Marilyn Meagher, who became its president in November.

Founded in 1952, the league has seen its membership dwindle in recent years along with Fernald's shrinking population and as the parents and relatives of its remaining residents have gotten older. Many parents now are in their late 70s and 80s.

In her new role, Meagher keeps track of where residents and staff are assigned, and notes when programs are moved to different buildings. She has resolved to fight any plan to close Fernald.

Since Romney's announcement three years ago, 55 Fernald residents have been transferred to other state institutions, group homes or skilled nursing facilities.

But the relocation process has been slowing down. Only seven residents were moved last year, said Diane Booher, past president of the Fernald League.

''What they're reaching, and bumping up against," Booher said, ''are families who are saying no."

The state views it as an ''ongoing process," Powers said. ''We are continuing to work with the families to make sure that acceptable alternatives are found for their loved ones."

Meanwhile, subtle changes are taking place around Fernald's campus, which cost $40.5 million to keep open in fiscal year 2005. As the population has dropped, so has staffing. In December 2000, 985 full-time employees worked there. Five years later, 770 remain.

Over the past two years, four cottages have been closed. Fernald's thrift store was closed last summer. It was operated by the Walter E. Fernald Association, a nonprofit organization that raises money for Fernald programs and hosts wheelchair dances and birthday parties for residents. Powers said a scaled-down version of the thrift store is to open this month. The bottle redemption center, which employs some Fernald residents, remains open but will be relocated this month.

Families lament that Fernald's schoolhouse gymnasium is gone. They've complained about the lack of heat and air conditioning in Fernald's activity center. Flies and cockroaches have spread in residence halls, according to minutes from the fall meetings of the Fernald League.

''The department [of Mental Retardation] knows that they have nothing to offer that's better or equal to Fernald," Booher said. ''The only way they can convince or force us to go is by treating the residents less and less well. That's what they're doing."

Powers denied that. He said the state tries to address maintenance issues as soon as they arise, although repairs could be delayed if parts must be ordered or a specialized contractor hired.

Powers said the activity center's heating system has been fixed and pest control efforts have been stepped up.

Maintenance issues like those at Fernald ''are not unusual in facilities this old and large," he said. ''What is important is that they are dealt with immediately."

Meanwhile, those planning the future of the Fernald site feel stymied.

Waltham Mayor Jeannette McCarthy, who chairs a committee charged by the Legislature with looking at potential uses for the campus, said her first concern is for the residents. Beyond that, not much can be done until the state declares the property surplus.

She said the committee still does not know how much of the property the state intends to keep and who would be vying to purchase the rest of it.

''It's been two years," McCarthy said. ''We're waiting to see what comes out of it."

If or when Fernald closes, McCarthy wants her city to have dibs on the property. McCarthy said her biggest fear was that the state gives control to MassDevelopment, the quasi-public agency that took ownership of the Northampton State Hospital to redevelop the property.

''With a parcel as big as Fernald, you're talking about a big parcel, big money," she said.

More than a dozen organizations that lease space on the grounds may have to move next year. All leases are to expire by July 2007.

According to Powers, the state would like to convert Malone Park, a cluster of four one-story buildings on the western edge of Fernald's campus, into state-operated group homes.

State officials also are considering the conversion of the Greene Building into a skilled nursing facility, he said. Built in 1953 and named after Dr. Ransom Greene, a former Fernald superintendent, the two-story masonry structure houses 63 disabled residents, a clinical unit, a heated indoor pool, and various day programs.

In June, US District Judge Joseph L. Tauro authorized Beryl W. Cohen, the attorney for Fernald residents and families, to examine the records of 47 Fernald residents who had been transferred to see whether they have received services better than or equal to what they received at Fernald.

Four residents died after leaving Fernald, according to Cohen, who is scheduled to report his findings to Tauro during a court hearing in the coming weeks. Cohen would not disclose details of his report, based on his review of the patients' records, but said it would have a ''very large impact" on the state's placement process for disabled individuals.

Emily Sweeney can be reached at esweeney@globe.com.