Friday, January 03, 2003

BY SUSAN K. LIVIO
Star-Ledger Staff

A South Jersey facility for disabled children is not criminally responsible for the death of a teenage boy with autism in February, the Camden County Prosecutor's Office announced yesterday.

Authorities spent more than 10 months investigating whether the care Bancroft Neurohealth, Inc. of Haddonfield provided 14-year-old Matthew Goodman led to his death.

Matthew died Feb. 6 at Children's Hospital of Philadelphia from pneumonia, a blood infection and respiratory distress, a day after Bancroft workers drove him -- unconscious and in arm restraints -- in a van to the hospital.

The boy's parents, Janice Roach of Buckingham, Pa., and Carl Goodman of Mount Laurel, contend excessive medication and the physical restraints he wore compromised their son's immune system.

Matthew wore a helmet to protect his head from falls, and shoulder-to-wrist arm restraints to prevent him from tearing at his ear and nose. But his mother said the hyperactive boy's self-destructive behavior escalated because he was made to constantly wear the restraints.

In October, state health officials fined Bancroft for abusing and neglecting the boy by improperly restraining him and leaving him unattended.

But the homicide and child abuse units of the county prosecutor's office did not find evidence that anyone intended to harm the boy.

"After a thorough investigation and complete review of all the facts of the case, we have concluded that there is insufficient evidence of criminal conduct to warrant the filing of criminal charges against Bancroft or any individual employee," Prosecutor Vincent P. Sarubbi said in a prepared statement yesterday.

Bancroft spokesman Paul Healy declined to comment until the prosecutor notified the facility's administration. In the past, Bancroft officials have denied wrongdoing, adding that Matthew's parents approved the use of restraints.

Following an hour-long meeting with Sarubbi and seven members of his staff, the boy's mother said she felt distraught over the outcome.

"I don't feel anyone values the lives of the disabled, and that is horrific to me," Janice Roach said.

"I will advocate even stronger now for individuals with disabilities. This only empowers me further," Roach added.

There is a legislative hearing Jan. 16 on three bills that would strictly limit the use of restraints on developmentally disabled or brain-injured people. One bill is named "Matthew's Law" in Matthew Goodman's memory.

A lawsuit against Bancroft is anticipated, said attorney Slade McLaughlin of Philadelphia, who is representing the boy's parents.

"The fact that criminal charges will not be filed does not speak to the quality of care he received. The care he received was abysmal," McLaughlin said.

Meanwhile, Bancroft remains under intense state scrutiny for numerous violations inspectors documented in the spring and fall. State health and human services officials will decide today whether Bancroft has improved patient care enough to avoid a state takeover that would oust the facility's management.