COALITION AGAINST INSTITUTIONALIZED CHILD ABUSE
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Mother files new complaint

By CYNTHIA McCORMICK
August 24, 2005

A Marstons Mills woman alleges that a psychologist and a social worker at the May Center for Child Development in Chatham violated professional ethics by consulting on a 1999 police investigation into a teacher's restraint of her autistic daughter.

Jean Bowden, who last year settled a lawsuit against the Barnstable School District, has now filed conflict of interest complaints with the state boards of psychology and social work against Susan Thibadeau and Simone Byrne of the May Center.

She alleges that police found no reason to charge a Barnstable teacher with assault in 1999 after consulting with Thibadeau and Byrne, who called the face-down floor restraints ''extremely therapeutic.''

Bowden's complaint demonstrates the difficulty law enforcement officials face in investigating abuse complaints involving children with special needs and behavioral issues. The line between behavioral techniques used to quell violent behavior and the abuse of a vulnerable child can be hard to discern and police end up relying on the advice of experts. 

Bowden believes Thibadeau and Byrne were not impartial witnesses because they knew the teacher being investigated and had done a screening and consultation on Abbie's case for the Barnstable schools. 

''How can they give an opinion that isn't biased?'' asked Bowden. ''It was a conflict of interest for Susan Thibadeau to give any kind of opinion to the police on Abbie or any other part of the program. She was paid to consult on the Barnstable program.'' 

Thibadeau, who did not return calls, is program director at the May Center for Child Development, one of many programs run by the May Institute. Byrne has been an outreach director at the May Center, which first opened with a program for autistic children at the Chatham site in 1955. She did not respond to messages. 

Dennis C. Russo, chief clinical officer of the May Institute Inc., issued a written statement calling Thibadeau a ''highly valued member of the professional staff at the May Institute for over 20 years.'' 

Cape and Islands District Attorney Michael O'Keefe's office had taken the videotape of Abbie being restrained to Kathleen Ecker, a Cape Cod Hospital nurse who works at Children's Cove, a county organization that investigates cases of child sexual assault.

Ecker, who said she has no expertise with special, needs children, asked Thibadeau and Byrne to review the tape because of the institute's expertise in autism. 

''We were doing (O'Keefe) a favor,'' Ecker said. 

She said Bowden, by pursuing complaints against people's professional licenses, ''is only going to hurt the area of child services.

"'Trying to go after people for using an outdated technology doesn't seem right,'' Ecker said by phone. ''(Restraint) might be an old-fashioned technique. It was nonetheless state-of-the-art, what they were doing at the time. 

It wasn't a covert act. It was being videotaped.'' 

Bowden once filed a complaint against Ecker with the state Board of Registration in Nursing for discriminating against Abbie because she has autism. The complaint was dismissed. 

Anne L. Collins, director of the state Division of Professional Licensure, confirmed the boards are looking into the complaints. She said board members have the option of dismissing ethics complaints or referring them for administrative prosecution. If administrators find an ethics code was breached, they could suspend or revoke licenses, impose a fine or get the professional to agree to drop a certain practice. 

capecodonline.com.

 

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