The Austin American Statesman did an extensive expose on restraint in childcaring facilities after the death of Chase Moody at On Track, a Brown Schools Wilderness Program.
You can access those articles at:
http://www.statesman.com/specialreports ... restraint/Parents should be aware that there are more humane ways of dealing with an angry child. Do a search for De-escalation techniques. Programs would like for parents to believe that it is the only way. There are other reasons that restraint and the threat of restraint are used.
That link provides updates on the Moody case which are not looking good. Three staff held him in an illegal restraint until he died yet, the Grand jury found "insufficient evidence of criminal responsibility" in Chase Moody case.
Brown Schools has moved to stop the lawsuit-
The Brown Schools, a Delaware corporation with operations based in Austin, filed a petition in state District Court in Mason County earlier this month, asking a judge to rule that any dispute over the death of 17-year-old Chase Moody at the On Track therapeutic wilderness program be turned over to a binding arbitration panel.
The court filing, which names Chase's mother and father as defendants, says the family agreed to as much in a contract signed by Chase's mother before the teen was enrolled in the camp.
Alan Rau, a professor at the University of Texas School of Law and an expert in arbitration, said the likelihood of any potential case going to an arbitration panel could come down to technical issues, including how the judge interprets the admissions contract Chase's mother signed.
"There were two things, if I were Johnnie Cochran, I would say. One is that Texas personal injury can't be arbitrated under a pre-dispute clause unless you have the signatures of the lawyers, which you never get," Rau said. "Another argument occurs to me that I would make ? if I were Johnnie Cochran ? is that the clause doesn't cover this kind of thing."
However, Rau said, there also are questions as to whether federal laws, which can trump state statutes and tend to favor arbitration agreements, apply.
"It's not a slam dunk either way," Rau said. "There are arguments that could be made both ways."
Program Parents-- Better know what's in your contracts.
Deborah