Author Topic: HLA and Milonas v. Williams  (Read 7872 times)

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Offline Anonymous

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HLA and Milonas v. Williams
« on: April 04, 2006, 04:21:00 PM »
the more read , the sicker you get

" In Milonas, a class consisting of students at the
Provo Canyon School for Boys brought section 1983
claims against the school and members of its staff, al-
leging that inhumane treatment at the school violated the
Constitution. The Provo Canyon School, as described in
the Tenth Circuit opinion, was an unusual facility. A pri-
vate facility for boys with severe physical, psychological,
and emotional problems, the school was described in the
District Court opinion, which the Tenth Circuit quoted,
as " 'not a school in the traditional, ordinary, classroom
sense.' " 691 F.2d at 935. Although the school did of-
fer classes, the District Court observed, the school was
" 'also a correctional and detention facility.' " While stu-
dents were generally admitted at the insistence of one or
both of their parents, others were "received at the school
directly from juvenile courts and probation officers from
across the nation." Id. at 936. Conditions at the school
were unusually harsh and restrictive. [**19] Id. The
District Court wrote:
'Students are restricted to the grounds.
Students are confined. Some students are
locked in and locked up with varying de-
grees of personal liberty restored as each
progresses through the institutional program.
If a student leaves without permission, he
is hunted down, taken into custody and re-
turned. . . .
Regardless of origin, condition or motiva-
tion, once arrived, each person during the
beginning phases of the school program was
locked in, isolated from the outside world,
and whether anti--social, crippled or learn-
ing disabled, was subject to mandated phys-
ical standing day after day after day to pro-
mote "right thinking" and "social confor-
mity." Mail was censored. Visitors were dis-
couraged. Disparaging remarks concerning
the institution were prohibited and punished.
To "graduate" from confinement to a more
liberated phase, one had to "pass" a lie detec-
tor test relating to "attitude," "truthfulness"
and "future conduct." Some failed to pass
and remained in confinement for extended
periods of time.'"

Sure sounds like HLA


"The Tenth Circuit concluded that the state "had so
insinuated itself with the Provo Canyon School as to be
[**20] considered a joint participant in the of fending
actions." Id. at 940. The Court relied on the involun-
tary commitment of some students, the school's detailed
contracts with the school districts, the school's receipt of
substantial state funding, and extensive state regulation.
See id. Recognizing that the New Perspectives School in
Rendell--Baker was "indeed quite similar" to the Provo
Canyon [*168] School, the Tenth Circuit attempted
to distinguish the cases by noting that the plaintiffs in
Rendell--Baker were employees of the school, whereas
the plaintiffs in Milonas were students, "some of whom
have been involuntarily placed in the school by state offi-
cials who were aware of, and approved of, certain of the
practices which the district court . . . enjoined." Id. at 940."



these "schools" are disgusting

I know it is not "news" here @ Fornits, but it is amazing how alike all these "schools" are.
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »

Offline Deborah

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HLA and Milonas v. Williams
« Reply #1 on: April 04, 2006, 05:00:00 PM »
A lot of similarities except that HLA claims to be a 'Private Boarding School", not a "correctional and detention facility". They also claim not to take court ordered kids or those with "severe physical, psychological, and emotional problems"

They recognized that some kids were placed by their parents, not adjudicated, so why would the ruling re: censorship of mail only apply to adjudicated youth?

"While students were generally admitted at the insistence of one or both of their parents, others were "received at the school directly from juvenile courts and probation officers from across the nation." Id. at 936. Conditions at the school were unusually harsh and restrictive. [**19] Id."
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »
gt;>>>>>>>>>>>>>><<<<<<<<<<<<<<
Hidden Lake Academy, after operating 12 years unlicensed will now be monitored by the state. Access information on the Federal Class Action lawsuit against HLA here: http://www.fornits.com/wwf/viewtopic.php?t=17700

Offline Anonymous

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HLA and Milonas v. Williams
« Reply #2 on: April 04, 2006, 10:55:00 PM »
Are minors placed by parents 'enrolled' with the parents permission given to school engaging in searches, etc.? Schools ask for carte blanche

I think parnets may be misled into signing over certain of their (kid's) rights - what do you think?
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »

Offline Badpuppy

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HLA and Milonas v. Williams
« Reply #3 on: April 15, 2006, 08:24:00 PM »
Parent's can't sign over a kids constitutional protection. Milonas v Williams offers signals protection for kids as a result of state action. That also means kids placed by school districts. It also recognizes that children have "substantial liberty interests". Not a lawyer but my reading is that its ruling protects kids from censorship of mail to guardian.
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Offline juniper2

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HLA and Milonas v. Williams
« Reply #4 on: April 15, 2006, 08:58:00 PM »
Absolutely NO permission was given for HLA to strip search our children, PERIOD!  We were not informed in any letters what-so-ever that this would be done priorto or during enrollment.  We found out during the Second parent workshop,PERIOD!
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Offline Anonymous

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HLA and Milonas v. Williams
« Reply #5 on: April 16, 2006, 12:52:00 AM »
Milonas does offer protection as a result of state or district action. A parent or guardian is not considered "the State". The state or a district, or any governmental entity is.

However, My reasoning on parents signing over 'enrolling' kids is based on the fact that you absolutly can sign away your own constitutional rights, as long as you are not tricked into it. That is what you do when consenting to having your car or house search, for instance. I reckon kids rights can be signed away by parent or guardian as the guardian can be held responsible for the child's transgressions, I would think that much constitutional protection for the child reverts to the custodian, as the child would not know if they were being tricked. A parent can consent to their child being searched, I am quite sure.

I get Juni's point, too. But, in their 'enrollment' papers, you signed over *some* control of your child, for instance, that they could prevent the child from telephoning or otherwise directly contacting you for some time. Was there **any** wording in that 'contract' that could have been used to trick you, you would have an additional legal avenue to pursue these criminals if there was. They are clearly sneaky bastards, and will undoubtedly use any trick they can to excuse their behavior. These people will never admit any errors, sins, or whatever. They are evil. The ones with any morals and ethics are leaving. The ones staying are into money.

Strip searching is particularly egregious, and much has been pursued in the legal world over it, even the right of jailers to strip search convicted criminals. Much safety must be in place, even there. I doubt HLA gave a damn how that was done either. They use Big dudes to step on little girls, for instance. I wouldn't be surprised if they used the same for strip searches.

Trust me, I hate these people as much as you do, these schools should be closed down nation-(and world, another of their tricks is offshoring)- wide. It means plenty to me personally.
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Offline Deborah

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HLA and Milonas v. Williams
« Reply #6 on: April 16, 2006, 02:24:00 AM »
I wish I had a copy of the contract so I could respond. Unfortunately, my ex enrolled our son without my knowledge or consent. I was never told or otherwise inform as to what 'rights' my ex was signing over.

It took no time at all to realize that they intended to completely ignore my and my son's rights. My only recourse was to take the matter to family court. Based on false testimony provided by my ex and Merideth Burns the judge ruled that my son would remain in their warehouse.
I was also never provided with a copy of my son's records. Greg Lindsey told me he wouldn't release those documents until I revealed what I had found in my research. To this day I haven't one record.

I did receive a copy of the Parent Manual, for what good it was worth. My son was sent to wilderness in violation of their stated policy. When I complained, they simply changed the policy.
I feel certain my ex, and many other parents just like him, have yet to read the contract or the parent manual.

Perhaps someone else has a copy of the contract they could scan and post, which could make for some interesting and lively discussion.
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »
gt;>>>>>>>>>>>>>><<<<<<<<<<<<<<
Hidden Lake Academy, after operating 12 years unlicensed will now be monitored by the state. Access information on the Federal Class Action lawsuit against HLA here: http://www.fornits.com/wwf/viewtopic.php?t=17700

Offline Anonymous

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HLA and Milonas v. Williams
« Reply #7 on: April 16, 2006, 04:56:00 AM »
whoa.........

I'm so sorry for you and your child , Deborah- that is an awful tale. Can just one parent do that in spite of the other parent, or does it revolve around who has custody? I'm sure it is different from state to state, and I doubt Texas is real friendly about helping you.
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Offline Anonymous

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HLA and Milonas v. Williams
« Reply #8 on: April 16, 2006, 04:59:00 AM »
Quote
On 2006-04-15 23:24:00, Deborah wrote:

"

I wish I had a copy of the contract so I could respond. Unfortunately, my ex enrolled our son without my knowledge or consent. I was never told or otherwise inform as to what 'rights' my ex was signing over.


Perhaps someone else has a copy of the contract they could scan and post, which could make for some interesting and lively discussion."


Yes, that is an excellent idea. Anyone got one?
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Offline Deborah

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HLA and Milonas v. Williams
« Reply #9 on: April 16, 2006, 11:27:00 AM »
Quote
On 2006-04-16 01:56:00, Anonymous wrote:

"whoa.........



I'm so sorry for you and your child , Deborah- that is an awful tale. Can just one parent do that in spite of the other parent, or does it revolve around who has custody? I'm sure it is different from state to state, and I doubt Texas is real friendly about helping you."


I've been posting here for five years. There have been a number of parents who found themselves in the same situation with other programs, wilderness and residential. Accomplishing anything in family court these days is a lengthy process. One has rights only to the extent they can afford to litigate.

I wanted an injunction that would remove my son from their unlicensed wilderness program and bring him back home until it could be determined if such an austere placement was in his best interest. What I found myself involved in was a legal nightmare that potentially could have taken 2-3 years with psych evals for everyone (which could be contested), guardian ad litem for son (further complicating the matter-particularly if s/he happened to agree that an RTC was appropriate), mediations (in which some uncredentialed good ol boy acted as 'judge' and negotiated trade offs of rights), and tens of thousands of dollars of expense. By the time a decision was ever arrived at, my son would have long completed his 'sentence'. Programs are aware of this and retain the child until they are forced to release them.

The entire fiasco could have been avoided if they had acted with a shread of decency and integrity by refusing to keep my son incarcerated against my wishes. Instead, they colluded with his father in violating my rights and selfishly took two years from us. Both providing perjured testimony to that end.

Another issue that should be addressed industry/nation wide. Enrollment of a child should require both biological parents approval, when both have custody rights. It's too complicated and expense to reverse a private placement.

This was not the first time he had violoted my rights, but the first time I had to deal with the mess long distance.
http://fornits.com/wwf/viewtopic.php?to ... =195#98397
http://fornits.com/wwf/viewtopic.php?to ... rt=0#16581
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »
gt;>>>>>>>>>>>>>><<<<<<<<<<<<<<
Hidden Lake Academy, after operating 12 years unlicensed will now be monitored by the state. Access information on the Federal Class Action lawsuit against HLA here: http://www.fornits.com/wwf/viewtopic.php?t=17700

Offline Badpuppy

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HLA and Milonas v. Williams
« Reply #10 on: April 16, 2006, 02:56:00 PM »
They get around the strip searching because the courts recognize the need for "institutional control" is greater than your child's need for privacy. Not a lawyer but thats the way I read the constitutional issue.
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Offline Anonymous

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HLA and Milonas v. Williams
« Reply #11 on: April 16, 2006, 04:28:00 PM »
things like "institutional control" trumping one's rights, and the problems cited by Deborah above, are examples of why we can never stop fighting to save our constitutional rights, in a nation where those rights are fast disappearing.

We can never rest on the important things.
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Offline Anonymous

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HLA and Milonas v. Williams
« Reply #12 on: April 16, 2006, 04:33:00 PM »
Quote
On 2006-04-16 08:27:00, Deborah wrote:

Quote
"Another issue that should be addressed industry/nation wide. Enrollment of a child should require both biological parents approval, when both have custody rights. It's too complicated and expense to reverse a private placement."


Absolutely! Absolutely!


[ This Message was edited by: Deborah on 2006-04-16 13:45 ]
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Offline Anonymous

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HLA and Milonas v. Williams
« Reply #13 on: April 16, 2006, 04:39:00 PM »
the older I get, the more I believe the old sayings about evil and money. It is outrageous the way your husband could use money and distance to make your position untenable. I do believe judgement will come for greed, societally if no other way. We are currently in the worst greed cycle in US history.

Maybe we should go back to the barter system. These schools would be closed within months - what would people want to trade to EdCons and HLA and similar in exchange for their 'services'? I'd recommend trash.
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Offline Anonymous

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HLA and Milonas v. Williams
« Reply #14 on: April 26, 2007, 12:45:33 AM »
Deborah--Why was your ex-husband given custody of your son?  I'm sure that you are aware that, in most cases of this sort in this country, primary custody is granted to the mother, unless she is grossly incompetent, neglectful, or abusive.
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