Autism Vox

Shock “therapy” ruled illegal at Illinois group home

by Kristina Chew, PhD on March 9th, 2007

Bradley Bernstein is 48 years old, has autism, can speak about twelve words, lives in a Chicago group home, and for the past two decades, has been receiving electric shocks from a cattle prod to control his violent outbursts.

I can’t believe it either—that I just wrote that a “cattle prod” is being used in this manner in 2007 in the United States.

As reported in the March 8th Chicago Tribune, a Cook County judge has ruled that it is illegal to use the shocks. Bernstein has been receiving the shocks since 1987 according to a court-approved settlement; the group home, Trinity Services, Inc., has halted the practice on the grounds that “it is inhumane and that a new state law forbids it.” Bradley’s parents, Fran and Robert Bernstein—who founded one of Illinois’ first schools for autistic students in 1971—said they may appeal the ruling.

The Bernsteins have argued successfully for years that the threat of the electric prod, which delivers a jolt like a bee sting, is the only way to stop their son from banging his head against hard objects or punching himself in the face until he’s bruised and bloody.

“This is a terrible situation for Bradley,” Fran Bernstein, 75, said Wednesday. “I am so afraid for him. … How can they make us stop something that’s allowing him to live a fairly normal life?”

The Bernsteins say their son has hit himself far more often since group home officials discarded the Hot-Shot Power-Mite, a small livestock prod about the size of two cigarette packs. But Trinity officials say only one incident, which required Bradley Bernstein to be hospitalized in October, has been serious.

Asks the Chicago Tribune article—with a reference to the use of aversive stimulation at the Judge Rotenberg Center in Massachusetts—is it “ever ethical to use pain to control self-destructive behavior”?

At an oral argument last month, Trinity Services’ attorney, Matthew Henderson of Chicago, said that although “no one doubts the sincerity of Mrs. Bernstein,” the use of electric shocks on people with disabilities is outdated and morally wrong.

“Things that were done previously–five, 10, 20 years ago–are simply not acceptable anymore,” Henderson said. “There were several staff members who just flat out refused to do it.”

The Bernsteins’ attorney, Robert O’Donnell of Vernon Hills, argued that the law didn’t apply in Bradley’s case.

But Cook County Circuit Judge Kathleen Pantle disagreed.

Bradley has a right to “adequate, safe and humane treatment,” but the legislature decides what methods qualify, Pantle wrote in a 10-page opinion. Pantle said the law passed in May categorized electric shock and the other methods as “beyond the pale in all cases.”

The Chicago Tribune notes that how well Bradley Bernstein is doing without the shock “therapy” is under dispute. The Bernsteins say that “they get almost daily reports from staff members who say that Bradley has tried to hit himself”; Matthew Henderson, the group home’s attorney notes that “‘”He’s older now, and he’s calmed down. Generally speaking, he’s doing better.’”

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POSTED IN: Legal Issues, Safety, Treatment