Author Topic: Right Direction Crisis Intervention involved in a lawsuit  (Read 3339 times)

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Offline Oscar

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Right Direction Crisis Intervention involved in a lawsuit
« on: January 05, 2019, 03:14:01 AM »
A mother tried to alienate her son from his father and that resulted in a lawsuit against both the wilderness program but also the transport firm - in this case Right Direction Crisis Intervention. The father and the son lost the case due to technicalities but none can question the abuse the son went through.

DECTER v. SECOND NATURE THERAPEUTIC PROGRAM, LLC

Quote from the lawsuit:

Quote
A. Factual Background
The following facts are taken from the Amended Complaint ("AC"), including documents incorporated by reference therein (such as the Judgment of Divorce and Stipulation of Settlement regarding custody and visitation), and they are not findings of fact by the Court. The Court assumes these facts to be true for the purpose of deciding this motion and construes them in the light most favorable to plaintiffs, the non-moving parties. For purposes of the summary judgment motion, the Court has also considered the Power of Attorney executed between Ellyn and Second Nature, and the Declaration of Authority granted by Ellyn to Right Direction, which are not disputed by the plaintiffs.1

Plaintiffs are a father and his minor son. (AC ¶¶ 10-11.) In 2002, Kenneth divorced Andrew's mother, Ellyn, who received "sole legal and physical custody" of Andrew, while Kenneth was granted visitation
[42 F.Supp.3d 454]
twice per week and daily telephone contact. (Id. ¶¶ 12, 41; Ex. C2 to Pl. Mot. to Amend at 3, 30.)

In the summer of 2012, Andrew was between his junior and senior years of high school and living with his mother in Manhasset, New York. (AC ¶ 14.) In the early morning of June 20, 2012, Andrew awoke at approximately 5:00 a.m. with three large men in his bedroom, two of whom were standing over him while the third blocked the door. (Id. ¶ 15.) The men displayed handcuffs, and "[a] struggle ensued as . . . Andrew tried desperately to escape." (Id. ¶¶ 15, 17.) The men told Andrew that they were taking him to Utah, and that they would stop any attempt by him to escape. (Id. ¶¶ 17-18.) Andrew asked to speak with his father, or with a friend or attorney, but the men refused. (Id. ¶¶ 20-21.) Andrew briefly attempted to flee, but to no avail. (Id. ¶ 22.)

The men in Andrew's room were employees or agents of defendant Skezics, (id. ¶ 16), who Ellyn hired to take Andrew to Second Nature's wilderness camp in Utah. Skezics is a Utah corporation, and the AC describes defendant Brian Shepherd as a Utah resident and "a principal of Skezics and/or Right Direction." (Id. ¶¶ 6-9, 117.) Defendant Second Nature is also a Utah corporation, and runs the wilderness camp in Utah to which Andrew was taken. (Id. ¶¶ 6, 23-27.) On May 30, 2012, Ellyn executed a power of attorney "in order that Second Nature may, if necessary, in its judgment, authorize or provide care and treatment to [Andrew]" and "to delegate to Second Nature while [Andrew] is in Second Nature's custody, any of the powers of the parent or guardian with respect to [Andrew] regarding his care and custody." (Second Nature 56.1 ¶ 6.) Likewise, Ellyn executed a separate Declaration of Authority authorizing Andrew's transport to Second Nature. (Ex. C to Skezics Mot.)3

Once he arrived at Second Nature, Andrew was forced to wear an orange jumpsuit, hike several miles through difficult terrain with a backpack, eat freeze-dried food, and bathe from a bag of water. (AC ¶¶ 28-37.) His boots were taken from him each night, and he lost 25 pounds. (Id. ¶¶ 31-32.) He repeatedly asked to speak with his father or an attorney, but defendants refused his requests until July 17, 2012, when he was released from Second Nature and first able to speak with his father by phone. (Id. ¶¶ 36-37, 50.)

Kenneth did not know that Andrew was going to Second Nature, and became alarmed when he did not speak to Andrew on June 20, 2012. (Id. ¶ 42.) Prior to that date, he and Andrew spoke on the phone at least once a day and spent at least two days each week together, as was provided
[42 F.Supp.3d 455]
for in Kenneth's Judgment of Divorce and the Stipulation of Settlement he reached with Ellyn. (Id. ¶¶ 38-41; Ex. C. to Pl. Mot. to Amend, at 3, 30.) When Kenneth learned that Andrew went to Second Nature, he called Second Nature and demanded to know whether Andrew was there, but the Second Nature employee who answered would neither confirm nor deny Andrew's presence. (Id. ¶ 44.) Kenneth's attorney made similar inquiries, which were also refused. (Id. ¶ 45.) The AC states that defendants prevented Kenneth from speaking to his son despite their knowledge of his right to daily telephone contact and weekly visitation, as outline in the divorce judgment and the Stipulation of Settlement, although at some point they allowed Kenneth to speak with a therapist, who told him that Andrew was "fine." (Id. ¶¶ 46, 49.) Kenneth eventually spoke to Andrew on July 17, 2012, when he was released from Second Nature. (Id. ¶¶ 50, 53.)

The program and the transport firm denied the father his court-ordered right to talk directly to his son without it having legal consequences.  The wilderness program is known for such abuse already. What is known about this so-called crisis intervention firm.