Here are a few Core Rules From Utah... It seems there are purposeful loopholes that allow a facility to prevent visitation and mail communication.
R501-2-7. Behavior Management.
A. Behavior management methods, as described herein, are not applicable to child placing adoption agencies. The program shall have on file for public inspection, a written policy and procedure for the methods of behavior management. These shall include the following:
1. definition of appropriate and inappropriate behaviors of consumers,
2. acceptable staff responses to inappropriate behaviors, and
3. consequences.
(hmmm- could this be anything the program thinks of?)
B. The policy shall be provided to all staff, and staff shall receive training relative to behavior management at least annually, or more often if needed. (Once a year training - will 1/2 hour do?)
C. No management person shall authorize or use, and no staff member shall use, any method designed to humiliate or frighten a consumer.
(does this include stripping kids naked and putting them in an ice cold observation room for entire days?)
D. No management person shall authorize or use, and no staff member shall use nor permit the use of physical restraint with the exception of passive physical restraint. Passive physical restraint shall be used only as a temporary means of physical containment to protect the consumer, other persons, or property from harm. Passive physical restraint shall not be associated with punishment in any way.
(sure - six people laying on a kid is passive restaint)
E. Staff who shall be responsible for the design and supervision of the behavior management procedure shall be at least 21 years of age.
(wow - this is the only requirement - no other training is necessary)
R501-2-8. Rights of Consumers.
A. The program shall have a written policy for consumer rights to include the following, numbers 10- 13 do not apply to child placing adoption agencies:
1. privacy of information and privacy for both current and closed records,
2. reasons for involuntary termination and criteria for re-admission to the program,
3. freedom from potential harm or acts of violence to consumer or others, (this obviously does not include forced drugging, sensory deprivation, solitary confinement, human take downs and restraints)
4. consumer responsibilities, including household tasks, privileges, and rules of conduct,
5. service fees and other costs,
6. grievance and complaint procedures,
7. freedom from discrimination,
8. the right to be treated with dignity,
9. the right to communicate by telephone or in writing with family, attorney, physician, clergyman, and counselor or case manager except when contraindicated by professional or supervisory personnel,
(HUGE LOOPEHOLE - EXCEPT when CONTRAINDICATED BY not only a professional but ANY supervisory personnel)
10. a list of people, whose visitation rights have been restricted through the courts,
11. the right to send and receive mail providing that security and general health and safety requirements are met,
(LOOPHOLE - providing that security and general health and safety requirments are met - this could be anything - if you send your kid some candy it may not be for their general health - therefore they can not receive it)
12. defined smoking policy in accordance with the Utah Clean Air Act, and
13. statement of maximum sanctions and consequences, reviewed and approved by the Office.
(Now the Core rule does not forbid any type of "sanction or consequence" they only ask that these maximum sanctions and consequences be in wrinting and reviewed and approved by THE OFFICE - what office?)
B. The consumer shall be informed of this policy to his or her understanding verbally and in writing. A signed copy shall be maintained in the consumer record.
If life were fair, Dan Quayle would be making a living asking 'Do you want fries with that?'
http://www.amazon.com/exec/obidos/ASIN/6302294274/circlofmiamithem' target='_new'>John Cleese
