Fixing past Wrongs

Righting a wrong is a difficult process, especially so when resources are limited. But, continuing state financial hardship should not preclude state lawmakers from setting aside more money to compensate the victims of decades of abuse at the Baxter School for the Deaf. Hundreds of students suffered beatings, rape and other abuses at the hands of state employees. Many recounted their horrid childhood and young adult experiences to lawmakers this week. Now, through financial compensation and counseling, the state has begun to try to ease the damage.

After only two years of operation, however, the Baxter Compensation Authority has run out of money. This is not a surprise. When lawmakers created the authority in 2001, they acknowledged that the $6 million approved for administration and compensation was not enough.

Lawmakers are currently pondering another $6 million allocation for the fund, money Gov. Baldacci is now including in his budget for 2005. The money is not enough to compensate all potential victims, but will keep the authority solvent. Although it may be hard to find a source for the money in an already tight budget, it should be found. State officials are now discussing how much revenue Maine will receive from liquor sales, a Bangor racino and by joining the Powerball lottery. Coming up with money they have already agreed is due to the victims of abuse at the Baxter School should be near the top of the list for these proceeds.

John Shattuck, the authority’s program director, told lawmakers this week that finding the funds “should be painful. It should be so painful as to never let us forget, and never allow this to happen to any of our children again.”

Even the most spendthrift legislator should keep in mind that the “pain” of wringing $6 million out of the state coffers pales in comparison to what these people, now adults, suffered at the hands of the administrators of a state-run school. The compensation packages available are far smaller than damage awards typically awarded by juries these days. These victims don’t have the recourse of court proceedings because the statute of limitations has run out. With this in mind, state lawmakers rightly stepped up to do what they could to help Baxter School victims. The system now in place is the first of its kind in the country so it naturally is learning as it goes.

There are two major unknowns that make predicting how much money the compensation authority needs difficult. One is the number of claims that will be filed and the other is how much money each claimant will receive from the board. Since the authority began accepting claims in October 2002, 94 claims have been reviewed and 91 found eligible for compensation. Award levels are $25,000, $60,000 and $100,000 with the average of awards being $56,000. The authority is continuing to hear about 10 cases a month. A total of 240 registered claims have been filed and another 100 are expected to be filed by a 2006 deadline. It would be unfair for those who filed the claims early to get money while those who come later are left empty-handed.

Compensation funds are only part of the state’s restitution package. The state also agreed to provide mental health counseling to Baxter abuse victims. This is even more important now that victims are revisiting their abuses as they prepare to meet with the compensation authority. The Department of Behavioral and Developmental Services is overdue in keeping better track of the counseling sessions that victims receive. Its recent announcement that it plans to limit to 16 the number of initial authorized visits, however, has caused anxiety among Baxter victims. The department fears that increasing utilization of the counseling services could drain money from the program too quickly. No one wants this to happen but BDS needs to do a better job of reassuring victims that they will get as much counseling as they need.

The state has come a long way in acknowledging it bears responsibility for past abuses and seeking to help the victims. It now must find the money to complete the journey.