Boy's
death puts spotlight on restraints
Monday, May 12, 2003
By LINDY WASHBURN
STAFF WRITER
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Photo by: DANIELLE P.
RICHARDS
Janice Roach with a poster of her son,
Matthew Goodman, in the arm splints and hockey helmet
used at times over 16 months to prevent self-injury. She
is pressing for a law that would sharply restrict such
restraints.
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SECOND OF TWO PARTS
Part one:
A child's struggle, a mother's love
When the 14-year-old arrived at the emergency room, he was nearly
dead. He weighed less than 100 pounds. His pulse could barely be
felt. His hands and feet were cold to the touch. He hardly breathed.
But here was the strange thing: The boy was wearing arm splints
and a hockey helmet.
Matthew Goodman was autistic, and so prone to self-injury that
his caregivers had used a helmet and restraints to keep him from
picking at wounds on his ear and nose. They'd used them for 16
months.
Matthew had lived for five years at Bancroft NeuroHealth in
Haddonfield. In the days before his arrival at the emergency room,
the staff had noted his decline: his unsteady gait, increasing
inability to stand by himself, and growing lethargy. They'd noted
his cough, his nosebleeds, and a bloody discharge from his mouth.
But the splints and hockey helmet had stayed on, sometimes even
when he slept. The staff had called Matthew's mother that morning in
February 2002 to say they couldn't find Matthew's vital signs. Then
they had packed an overnight bag and driven him a half-hour in the
school van to Children's Hospital of Philadelphia.
He died there the next day, of pneumonia and a blood infection.
Matthew's death thrust Bancroft, once one of the nation's top
institutions for severely disabled children, into a maelstrom. It
provoked investigations by criminal, regulatory, and accrediting
authorities. It prompted intense debate in the Legislature on the
use of physical restraints on institutionalized children. It raised
questions for dozens of school districts that send Bancroft their
neediest special-education students - including more than 35 from
Bergen and Passaic counties - at a price from $300 to almost $1,000
a day.
And it caused at least one mother, Cynthia Allen of Teaneck, to
refuse to send her similarly disabled son back to the campus. [In a
Sunday story, The Record described her struggles to raise her
son,
Nicholas Aquilino, at home.]
But most children at Bancroft can't go home. Their families can't
give them 24-hour-a-day attention, or there may be other children
who would be endangered by their behavior. And only a few other
institutions around the country accept children whose disabilities
are so profound and whose needs are so intense.
So the children come to Bancroft from 25 states and several
foreign countries. They come with diagnoses of autism, pervasive
developmental disorder, mental retardation, traumatic brain injury,
and the syndromes that result from parental alcoholism or inherited
chromosomal abnormalities. Their behavior is analyzed, treatment is
implemented, and research is conducted.
More than a year after Matthew died, many questions remain about
Bancroft. Some of its critics still ask whether children are safe
there.
New Jersey still isn't sending its own wards, children whose care
is the responsibility of the Division of Youth and Family Services,
to live at Bancroft's main campus. (Those who were placed there
prior to the investigation have not been removed.)
Two separate arms of the state Department of Human Services
reached differing conclusions about Bancroft's role in Matthew's
death.
DYFS, whose ability to protect vulnerable children has been the
subject of much debate in recent months, said the care he received
was cause for concern but had not contributed to his death. But the
Division of Developmental Disabilities, after viewing videotapes,
concluded that he had been abused and that Bancroft had failed to
get emergency care when needed. This divergence of opinion prompted
yet another departmental review, raising questions about how DYFS
had conducted its investigation.
New Jersey health officials in June fined Bancroft $127,700 - the
largest amount ever imposed on such an institution. Bancroft had
violated patient rights, put patients' mental and physical health at
risk, and failed to report dozens of cases of abuse or neglect, the
report said. But nothing has been paid, because of appeals and
postponements.
Health officials nearly forced the school into receivership
earlier this year, an action that would have replaced the
administration of the non-profit school with another agency. But on
Jan. 3, they pronounced themselves satisfied with safety
improvements made under threat of a two-week deadline.
State authorities are currently investigating complaints that
some of Bancroft's professional staff did not hold professional
licenses in New Jersey. Fire safety is another issue: Bancroft
disputes the applicability of the Seton Hall Fire Law - requiring
sprinklers in dormitories - to its campus apartments.
The Camden County Prosecutor's Office closed its investigation
without filing criminal charges, having found no criminal intent in
the death. But Matthew's mother, Janice Roach, says she intends to
file a civil case.
The Legislature also has stalled on a law that would bar use of
restraints in all but emergency situations. Graphic testimony from
Matthew's mother has been countered by emotional presentations from
parents who attest that such techniques saved their children's
lives.
Bancroft is striving to rebuild its reputation. Its executives
have defended the 120-year-old institution against regulatory
charges, fought against proposed new laws limiting restraints, and
opened their doors to journalists. No other institution has been
subjected to such scrutiny, they say. Noting that months of
investigation produced no criminal charges, they defend their care
of Matthew while declining to comment on specifics.
For Matthew's mother, there is only sadness and outrage.
Women who have lost their husbands are called widows. Women who
have lost children should have their own special term, so defining
is the ordeal.
"It has destroyed me," Roach says in an interview at her home in
Bucks County, Pa. "My life is just destroyed. It's very sad.
"And the sadder piece is that there's no accountability."
A walk through the Bancroft campus leaves no question that the
children in its classrooms, apartments, and crisis unit are a
challenge. Terry J. Page, a psychologist and Bancroft's executive
vice president for clinical affairs, says, "We do have a reputation
for being able to serve a lot of people whom nobody else wants to
serve, or whom nobody else is able to serve."
They are people like Tony, the handsome blond teenager, a whiz in
art class, who makes only "yeek" sounds - like a chicken - without
intelligible speech. And people like Jon, 16, who has the
developmental age of a toddler and stomps and shrieks with joy when
a gym teacher walks in with a big plastic ball. His hands are raw
from sucking, and he drools on a big rubber pacifier.
Chris, 7, spins around his classroom, unable to stop himself,
while working with a speech therapist. Melissa, an 18-year-old with
the mental capacity of an infant, doubles over limply in her
wheelchair, exhausted after a seizure.
The classrooms are noisy and crowded. Besides the teachers and
children, each student has an aide. Many kids are in wheelchairs,
some with ventilators attached.
Some of the children move unpredictably: A first-grader sitting
in front of his aide suddenly rears back and head-butts her so hard
that her lip bleeds. Tony bolts from his classroom to the bathroom.
A girl walking with her aide suddenly grabs a visitor's braid
because she is obsessed with hair.
At The Lindens - Bancroft's unit for children it says are in
"severe behavioral crisis," where Matt Goodman spent his final
months - the accommodations are designed for safety: windows of
unbreakable plastic, furniture that is easily washable and too heavy
to lift, and carpet so tightly woven it can't be picked apart. Each
room has a videocamera recording every minute, with infrared if
necessary after dark.
One child at The Lindens, a tiny, cornrowed 6-year-old, bears
dark bruises on each cheek from her own fists. An older girl
sustained a concussion when she threw herself to the floor her first
day there. She now wears a soft karate helmet.
In the "step-down" apartments, which offer more independence as
residents progress toward off-campus group homes, one occupant's
bedroom was kept stripped down because she habitually smeared her
feces on the walls. But another has more typical teenage decor:
photographs from the Bancroft prom at a local catering hall.
Bancroft prides itself on offering a continuum of care, from The
Lindens, with a capacity for 22 children, to the step-down
apartments, where 40 children live under close supervision, to group
homes in nearby communities, where 75 children reside under varying
degrees of supervision.
The institution offers care for a lifetime, too - from early
intervention for newly diagnosed toddlers to adult group homes with
opportunities for sheltered employment.
"This allows us to move the children along from more to less
structured settings," says Page. "We can individualize their
programs. Our vision is always on the next step." When a child in a
group home regresses, he can return to The Lindens instead of
checking into a psychiatric hospital, where heavy sedation and full
restraints would be typical, he says.
The school promotes its success stories. One woman, now employed
as a Bancroft catalog sales agent, came to The Lindens in 1997, 20
years after a car accident caused injuries that resulted in
seizures, aggression, and paranoia. Suicidal when admitted, she
gradually worked her way into a "supported apartment" off campus,
where she receives staff assistance as needed.
John and Joan Craig of Ho-Ho-Kus, who enrolled their autistic son
at Bancroft nine years ago, have been satisfied with his care. Now
22 and a group-home resident, he is communicative and has never
needed restraints. "The people who work there are enormously
well-intentioned," John Craig says of the caregivers. "It's almost
like a vocation."
Janice Roach, who enrolled Matthew in Bancroft's residential
program when he was 9, recalls how difficult it was to have him
living away from home. It was "the hardest thing" she did as a
parent, she says. But living with her son was impossible, too.
All that's available to understand Matt's death is his mother's
version of events and three reports - two from the divisions in the
Department of Human Services and one from Dr. Marita Lind, a
pediatrician at the University of Medicine and Dentistry of New
Jersey, who studied the records for the prosecutor. Bancroft
officials will not discuss his case, except in general terms.
Matthew's medical problems were complicated. He'd been diagnosed
with sleep apnea, feeding problems resulting from a cleft palate and
a swallowing disorder, low body temperature, a tendency to injure
himself, mental retardation, and other developmental disorders,
according to Lind.
He was a short boy, with droopy brown eyes and thick brown hair.
More than many autistic children, Matthew enjoyed hugging and being
hugged back, Roach says. He liked going for walks. He loved playing
with blocks. When he started acting up, he was easily distracted,
she says.
His mother and father, who are divorced, both visited him
frequently at Bancroft. Roach has two younger children, now ages 7
and 4. She understood his unique speech. He could even say, "I love
you," she says.
Matthew's spiral toward death began with an infection in his leg
in the spring of 2000, his mother says. He was living in an
apartment at Bancroft, where another resident was a feces-smearer.
Matt often had open wounds from falling, she says.
The infection progressed into a form of arthritis affecting his
knee, causing his whole leg to become painfully inflamed, she says.
The only treatment was intravenous antibiotics. Matt spent the
summer of 2000 at Children's Hospital on an IV - tough for any
12-year-old, tougher for one who couldn't understand.
The confinement worsened Matt's habit of self-injury, Roach says.
Despite restraints and sedation, he picked at his ear so much that,
by the time his leg infection was cured, "he'd almost ripped his ear
off."
Upon returning to Bancroft, Matthew stayed at The Lindens so that
a nurse could monitor his condition.
It was here, in September 2000, that splints were first used to
keep Matt from bending his arms and touching his ear, Roach says.
When he picked at his fingers, they put socks on his hands, she
says.
Restraints are a last resort, used for only 2 percent of
Bancroft's clients, says Page. Several safeguards prevent their
misuse, he explains. Two committees and the child's parents must
approve any treatment plan that uses restraints, and review it
regularly. "Nothing is ever done to anybody without the parents
being fully on board," he says.
Roach scoffs at that notion. Her consent was coerced, she says:
If she didn't sign, Matt would have been kicked out of Bancroft
before she could find him another school. In any case, she began to
look.
Eventually, Matt used his shoulders, instead of his hands, to rub
his nose. Roach demonstrates, turning her head with a shrugging
motion. He rubbed one spot on his nose into an open sore. A plastic
surgeon prescribed antibiotic cream. But with Matt's history, the
staff became concerned about infection.
So they went to a sporting goods store and bought him a hockey
helmet.
Roach says that in his final months, Matt asked her every time
she visited to "take these things off," straining toward her with
his immobilized arms. "There were many days when I threw up
outside," she says, "because of the torture he was being put
through."
Whatever the original goal, the treatment clearly wasn't working.
Without classes and classmates to distract him, Matt's
self-destructive behavior worsened. More sedation was ordered, she
says. Sometimes when she visited, he lay on the floor without
responding. Matt's father took a photograph of him in the helmet,
and it has become a poster for the anti-restraint movement.
A state investigator, viewing videotapes of Matt's final week,
saw a Bancroft caregiver try to rouse Matt to take him to the
bathroom. Matt couldn't stand, and appeared to be too heavy for the
caregiver to handle. So she dragged him to the bathroom.
Two days later, the investigator wrote, another staff member held
her foot on Matt's chest for several seconds as he lay sleeping on
the mat. The investigator noted that both staffers were later
terminated for abuse in an unrelated case.
As circumstances worsened, Roach continued to search with growing
desperation for another school that would accept Matt, she says.
Using the phone and the Internet, she finally secured a spot for
Matt at a Florida rehabilitation center. She put together the
necessary funding and arranged air transport for Thursday, Feb. 7.
On Sunday, Feb. 3, she visited Matt. "He's on the floor," she
recalls. "He can't get up. I lay down next to him. 'Mattie, I found
a place, I'm getting you out of here,' I tell him. He's angry. ...
He was sick, really sick, but I didn't know it."
Two days later, she got the call from the Bancroft nurse.
Matthew arrived at the Philadelphia emergency room in critical
condition.
He never woke up. He died Feb. 6, one month shy of his 15th
birthday.
The year since Matthew's death "has been incredibly difficult"
for Bancroft, Page says. Two reports - from the Prosecutor's Office
and DYFS - absolved Bancroft of responsibility for his death. A long
report of deficiencies cited by the state Health Department is being
appealed, he says.
The scrutiny "has resulted in our improving some of the things we
do - documentation, services," he says. "We still feel strongly that
the quality of the services we provide really hasn't changed, but we
just have to move beyond this unpleasantness."
There will never be an end to Roach's pain, however.
"I was always an advocate for Matt," she says, "but after his
death, I continued my advocacy. If I can do anything in my power to
make sure that not an inch of this happens to anyone else, then I
have to do it."
In her grief, she pores over the photos of Matt as a toddler
hamming it up for the camera, performing in a school program,
smiling at a family party. And then she touches the sweat-stained
hockey helmet.
Sometimes, she even ties the frayed arm restraints around her own
arms.
Lindy Washburn's e-mail address is
washburn@northjersey.com
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