Massachusetts Opens Historical Abuse Records for Disabled Residents

A new law in Massachusetts, enacted in November 2025, allows unprecedented access to records from state institutions housing individuals with intellectual or developmental disabilities and mental health conditions. For the first time, families and researchers can search through documents detailing the treatment and experiences of those who lived in these facilities, which have a long history of abuse and neglect.

Alex Green, a disability justice advocate who played a crucial role in the legislation, estimates that the law opens up more than 10 million records to the public. He emphasizes the importance of transparency, stating, “The argument is that family members have a right to see that information, know it, and safeguard it. And eventually the public does as well, so that it can understand the enormous atrocity that has occurred.”

The history of institutionalization in Massachusetts dates back to the mid-nineteenth century, with facilities such as the Walter E. Fernald State School, which opened in 1848 and remained operational until 2014. These institutions were often sites of severe abuse, fueling a movement for deinstitutionalization in the mid-twentieth century. The harrowing accounts from places like Fernald and others, such as Pennsylvania’s Pennhurst and New York’s Willowbrook, galvanized public support for reform, particularly after a landmark lawsuit highlighted the inhumane conditions at Willowbrook.

Despite progress, advocates warn that harmful stereotypes and misconceptions about disabled individuals are resurfacing in political and cultural discourse. Recently, prominent figures, including former President Donald Trump, have revived derogatory language historically used to describe people with disabilities. Furthermore, Trump’s administration saw significant funding cuts to community living support programs, raising concerns about a potential resurgence of institutionalization.

Green reflects on the importance of the new records law, stating that it disrupts the narrative supporting institutionalization. He notes, “I’ve now read probably two dozen files where, invariably, in more than 90 percent of them, the [people incarcerated there were] asking to know where their families are, asking to be released.” These findings challenge the perception that institutions serve beneficial purposes for individuals unable to care for themselves.

The legislative change is the culmination of efforts from a Special Commission on State Institutions formed in 2023. This commission sought to explore the historical abuses within Massachusetts’s institutions and the ongoing challenges faced by disabled individuals. Co-chair Anne Fracht, who is also a self-advocacy associate at Harvard Law School’s Project on Disability, stated, “People should look back and say, ‘This is what my loved one faced,’ or ‘This is how people with disabilities were treated, and it needs to stop.’”

The commission’s findings, released in May 2025, led to the new law allowing access to hospital records for family members or researchers 50 years after a resident’s death. The general public can access these documents 75 years post-death. Additionally, the law enforces a moratorium on record destruction while the state enhances its record-keeping practices.

The urgency for transparency is underscored by the dwindling number of former residents and staff. Kate Benson, co-chair of the special commission, emphasized that many former residents are passing away, making it imperative to document their experiences. “We’re getting to a point where the last remaining former residents are passing away. A lot of the former staff are also passing away, so the records piece gets more and more important,” Benson stated.

The new law has already allowed families to learn more about their loved ones’ experiences in institutions. State Senator Michael J. Barrett, who supported the legislation, discovered previously unknown details about his great-grandmother’s treatment at Northampton State Hospital. “We wound up with one hundred pages of notes on her treatment, made day to day through the 1920s, the 1930s, and the 1940s,” Barrett shared.

Green highlights the richness of the records, stating they include “drawings and artwork by people who were detained in state schools for their whole lives, their handwriting, and letters from their loved ones.” These personal artifacts challenge the narrative that institutionalization is a benevolent solution and instead reveal the complex humanity of those who suffered.

Other recommendations from the Special Commission include the repeal of Chapter 113, a law allowing unclaimed bodies from state institutions to be used for medical research, which could have further endangered current residents. The commission also advocates for memorials and educational initiatives to honor those affected by institutionalization. However, only one-third of the burial grounds associated with these institutions have been restored, with over 10,000 individuals buried in unmarked graves.

Barrett strongly supports an official apology from the governor for the historical injustices faced by disabled individuals. He believes a sincere acknowledgment of the past is essential and can be delivered without new legislation. “A profound and sincere apology is in order here,” he said.

As discussions continue, Fracht emphasizes the importance of remembering and respecting the stories of those who endured institutionalization. “We have important stories, and they shouldn’t be forgotten,” she asserted. “A disability doesn’t mean you shouldn’t be respected and remembered.” The new law marks a significant step in recognizing the history of abuse and ensuring that the voices of disabled individuals are not lost to time.