Teen's Death Prompts New Restraint And Seclusion Measure

By Dave Reynolds, Inclusion Daily Express

September 19, 2002

TRENTON, NEW JERSEY--The death of a teenager has prompted a lawmaker to introduce a law prohibiting the use of restraints and seclusion -- except in the most extreme circumstances -- in state-funded institutions housing people with developmental disabilities and traumatic brain injury.

Assemblyman Eric Munoz, M.D., announced last week that he will push for the restraint law, to be known as "Matthew's Law" for a 14-year-old with autism who died earlier this year.

On February 5, Matthew Goodman was rushed to Children's Hospital in Philadelphia from The Lindens, a Bancroft School in Haddonfield, New Jersey. The next day Matthew died of pneumonia, respiratory distress and blood poisoning. The facility is under scrutiny by New Jersey authorities because of Matthew's death and unrelated complaints.

Munoz explained that under Matthew's Law people in state-funded facilities could only be restrained or secluded as a last resort. The person's parents or guardians would need to approve the techniques, which could only be applied to the person for one hour at a time. Also, professionals would have to develop less restrictive alternatives for the person.

"We have learned that Matthew was placed in restraints to control his behavior. But these restraints were not just placed on his head and arms during the daytime; he also slept with them on. In addition, his mother repeatedly found him asleep on the floor, sleep caused by Matthew being overmedicated. This standard practice of using medication as a restraint must cease in New Jersey," said Assemblyman Munoz.

Matthew's mother, Janice Roach, believes the institution's use of restraint and sedation weakened her son's immune system and led directly to his death.

The state sent a letter to Roach last month, detailing how Bancroft staff failed to remove restraints and a helmet while Matthew slept; how one staff member held the teen in a restaint while dragging him to a restroom; how another staff member rested her foot on Matthew's chest for a few seconds; and how Matthew was often left unattended.

"I commend Assemblyman Munoz for bringing this issue to the light of day and thank him and his excellent staff for proposing Matthew's Law," Roach said.

Matthew was placed six years ago in the Bancroft institution which housed 60 children with "severe behavior disorders". Two years ago he was made to wear stiff arm restraints designed to keep him from hurting himself. Visitors to the facility said they often saw the teen restrained or on strong medications designed to control his behavior.

A vigil will be held at the statehouse in Trenton on the morning of October 7, the day Munoz is to introduce the measure to the Legislature.

The national disability organization TASH is asking those who are committed to eliminating the "inappropriate and dangerous use of restraints" to join local advocates in supporting the measure.

"A show of support is needed!" wrote TASH executive director Nancy R. Weiss in a statement.