Fornits
Treatment Abuse, Behavior Modification, Thought Reform => The Troubled Teen Industry => Topic started by: Anonymous on March 18, 2005, 01:05:00 AM
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March 17, 2005
Utah Governor Signs Licensing Bill
Governor Jon Huntsman signed into law today a bill (SB 107) which requires privately operated "therapeutic boarding schools" to be licensed and regulated by the state Department of Human Services. As a result, such facilities will be subject to unannounced visits and will have to adhere to basic child welfare standards.
A few weeks ago, Tom Coleman of the Emancipation Project and Isabelle Zehnder held a press conference. Just after the press conference they met with a top aide to the Governor to discuss the need for greater government oversight of private residential facilities.
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On 2005-03-17 22:05:00, Anonymous wrote:
"March 17, 2005
Utah Governor Signs Licensing Bill
Governor Jon Huntsman signed into law today a bill (SB 107) which requires privately operated "therapeutic boarding schools" to be licensed and regulated by the state Department of Human Services. As a result, such facilities will be subject to unannounced visits and will have to adhere to basic child welfare standards.
A few weeks ago, Tom Coleman of the Emancipation Project and Isabelle Zehnder held a press conference. Just after the press conference they met with a top aide to the Governor to discuss the need for greater government oversight of private residential facilities.
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Okay. Before I cheer, drop the other shoe---what loopholes are in the new law? How much did they fund oversight, and what penalties for violations did they put in place?
Timoclea
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Wasn't just a senator -- the GOVERNOR of UTAH signed it! ::hehehmm::
MISSOURI & FLORIDA LEGISLATORS & GOVERNORS -- You should take note of what Utah has done and do the same in QUICK order! :flame:
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http://www.le.state.ut.us/~2005/htmdoc/ ... SB0107.htm (http://www.le.state.ut.us/~2005/htmdoc/sbillhtm/SB0107.htm)
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Where is the final copy of the bill that was signed? I'd like to read the actual text of the final bill.
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http://www.utah.gov/governor/news/2005/ ... 7b_05.html (http://www.utah.gov/governor/news/2005/news_03_17b_05.html)
Governor Huntsman Signed the Following Bills in St. George Today
Immediate Release
March 17, 2005
WHO: Utah Governor Jon M. Huntsman, Jr.
WHAT: Governor Huntsman traveled to St. George and signed the following bills and resolutions today:
Sponsor: Senator Thomas Hatch
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SB 107, Licensure and Regulation of Programs and Facilities
...
HERE ARE A COUPLE OF LINKS TO THE ENROLLED COPY OF THE BILL:
http://se10.utahsenate.org/ptext/enroll ... sb0107.pdf (http://se10.utahsenate.org/ptext/enrolled.pdf/sb0107.pdf).
If the PDF copy doesn't open correctly, here it is in HTML in the Google Cache:
http://64.233.167.104/search?q=cache:_d ... +107&hl=en (http://64.233.167.104/search?q=cache:_dmksLoyFUkJ:se10.utahsenate.org/ptext/enrolled.pdf/sb0107.pdf+Utah+SB+107&hl=en)
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(c) "Boarding school" does not include a therapeutic school.
Looks like more pollyrazmataz to me.Commerce with all nations, alliance with none, should be our motto.
--Thomas Jefferson
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Yeah, didn't many Straight states have such oversight requirements and let the programs go on abusing children for years right under their noses? Bureaucrats, it's probably a lot of forms and having the proper credentials, etc., hoops to jump. I haven't read the full text though. So what you just read is only pessimism based on history. For whatever that's worth.
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Look at the DEFINITIONS section at 62-A-2-101, and pay particular attention to (2)(a)(IV)(A) and (2)(a)(B)(I) & (II), and be sure to read the oft referenced section, (27)(a).
It does appear that the loopholes have been plugged with this bill. (Of course, a law is only as effective as those charged with ENFORCEMENT, and how many times in this country have we seen Government Officials look the other way when abuses were staring them square in the face? How many CHILDREN have DIED in programs where NOBODY was EVER charged with a crime?)
But, it is a start. Will just have to wait and see if the law is going to be enforced.
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This is NOT new. Residential Treatment Centers, Therapeutic Boarding Schools, and Outdoor therapy programs in the state of Utah have ALWAYS been licensed and overseen by the department of human services. They have ALWAYS been subject to snap inspections as well.
If they are talking about NON-therapeutic boarding schools, now that is different.
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It's a great start! Hopefully we can help it spread like wildfire to other states, and hound officials to enforce the provisions as intended.
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These portions are what I believe sets this Bill apart from past laws:
(2) (a) "Boarding school" means a private school that:
(iii) has the primary purpose of providing the school's students with an education, as
defined in Subsection (2)(b)(i); and
(iv) (A) does not provide the treatment or services described in Subsection (27)(a); or
(B) provides the treatment or services described in Subsection (27)(a) on a limited basis,
as described in Subsection (2)(b)(ii).
(ii) For purposes of Subsection (2)(a)(iv)(B), a private school provides the treatment or
services described in Subsection (27)(a) on a limited basis if:
(A) the treatment or services described in Subsection (27)(a) are provided only as an
incidental service to a student; and
(B) the school does not:
(I) specifically solicit a student for the purpose of providing the treatment or services
described in Subsection (27)(a); or
(II) have a primary purpose of providing the services described in Subsection (27)(a).
SUBSECTION 27(a) says:
(27) (a) "Residential treatment" means a 24-hour group living environment for
four or more individuals unrelated to the owner or provider that offers room or board and
specialized treatment, behavior modification, rehabilitation, discipline, emotional growth, or
habilitation services for persons with emotional, psychological, developmental, or behavioral
dysfunctions, impairments, or chemical dependencies.
(b) "Residential treatment" does not include a:
(i) boarding school; or
(ii) foster home.
(29) (a) "Secure treatment" means 24-hour specialized residential treatment or care
for persons whose current functioning is such that they cannot live independently or in a less
restrictive environment.
(b) "Secure treatment" differs from residential treatment to the extent that it requires
intensive supervision, locked doors, and other security measures that are imposed on
residents with neither their consent nor control.
(32) "Therapeutic school" means a residential group living facility:
(a) for four or more individuals that are not related to:
(i) the owner of the facility; or
(ii) the primary service provider of the facility;
(b) that serves students who have a history of failing to function:
(i) at home;
(ii) in a public school; or
(iii) in a nonresidential private school; and
(c) that offers:
(i) room and board; and
(ii) an academic education integrated with:
(A) specialized structure and supervision; or
(B) services or treatment related to:
(I) a disability;
(II) emotional development;
(III) behavioral development;
(IV) familial development; or
(V) social development.
THERE ARE FINALLY SOME DEFINITIONS TO DIFFERENTIATE WHAT A PROGRAM REALLY IS!!!
No longer can it be claimed that a program is a "boarding school" when the program TARGETS parents who have "troubled teens". These are some of the best definitons I believe I've ever seen. (And notice, that there aren't any religious exemptions: If a program targets so-called "troubled teens" it is required to be licensed.)
Maybe there is hope, after all.
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This is great news! But more must be done. This is the first action we've seen from Utah in a long time. Hopefully there will be more to follow. :smile:
The only thing necessary for the triumph of evil is for good men to do nothing
--Edmund Burke
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I definitely agree that more must be done - and perhaps it should begin by holding PROSECUTORS ACCOUNTABLE under laws dealing with MISFEASANCE, MALFEASANCE, or NONFEASANCE, when local PROSECUTORS refuse to bring charges for violations that have been ALLEGED, when charges ARE warranted.
It seems to be a BIG problem in this country to get the Prosecutors to do their jobs and bring CRIMINAL CHARGES against those who have committed crimes against CHILDREN and even PARENTS.
We must be ready to sound the alarm when Government Officials charged with a child's safety BLATANTLY and without GOOD CAUSE choose to turn a blind eye and deaf ear to those who have suffered injury at the hands of unscrupulous behavior modification program operators.
In Utah, at least, there does now seem to be something to work with - and those Definitions are a BIG step toward being able to identify and classify what a program REALLY is!
I am VERY disappointed that violations are limited to being a Class A Misdemeanor - but, I believe that separate criminal charges, (i.e., assault and battery, for example) could be charged along with the violations' charges.
We must bring pressure to bear on those responsible for PROSECUTING crimes against children. We must do all that we can to see that these new laws get off on the right foot by ensuring that SWIFT PUNISHMENT is levied against those who choose to break these new laws and that those prosecuted will be used as a WARNING to others who might choose to thumb-their-nose at these laws. The media will be a necessary part of getting the word out when program violators are prosecuted. We MUST make the media aware whenever possible.
I believe that the tide is changing: For the past decade, the talk shows have ENCOURAGED parents to send their kids away to these 'boot camps' and 'behavior modification programs'; just recently, Montel Williams has spoken out AGAINST parents BLINDLY placing their kids and has admonished all parents to RESEARCH such programs. Montel also said that no parent should ever sign over custody or give a blanket power of attorney over their child.
If we keep voicing our concerns, I believe it is highly possible that FEDERAL legislation will be enacted within the next 5 years, and that States will have no choice but to enact PROTECTIVE legislation for the CHILDREN, or risk losing federal funding.
Thanks to everybody who is speaking out!
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I think that rather than picking this to death we should all be thankful that a step has been made in the right direction. Anyone who knows about this industry knows this is not the only answer, but it's a damn good start. ENJOY THE MOMENT!! We'll keep moving forward to fight for federal legislation, but for now, let's just be glad the Governor stepped up to the plate and did the right thing. :nworthy:
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And one more thing - perhaps it would be nice if people would take the time now to thank Governor Huntsman for what he has done. Maybe, just maybe, being grateful will show him we are credible people with a cause worth fighting for ... our children. ::drummer::
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Did you mean credible or credulous?
The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good.
George Washington
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This is great news! WWASPS has been wanting this to happen for quite a while now. I know many WWASPS parents and grads that wrote in support of this bill for obvious reasons, and some not so obvious. Could it be that this will finally put the abuse allegations to rest??
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Good answer. Thanks!
See what I mean about more regulation, Deb? Once the lobbyists and big buck donors are all done, it goes from a potentially helpful new set of rules to a total whitewash. Isn't this pretty much what always happens? :roll:
As de dawg chases it's tail.
Every sensible man, every honorable man, must hold the Christian sect in horror.
--Francois Marie Arouet "Voltaire", French author and playwright
_________________
Ginger Warbis ~ Antigen
Seed sibling `71 - `80
Straight South (Sarasota, FL)
10/80 - 10/82
Anonymity Anonymous
Some days, it's just not worth chewing through the leather straps.
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Yes, I understand exactly what you mean, and as I've said before, I don't put alot of faith in any state regulatory agency to protect kids myself. It's a near impossibility.
But, when there are allegations against a private corporation, the state can't even do an investigation without going through a bunch of rigamaroll (sp?).
Look at ASR and several others who have refused to cooperate- refused to become licensed and monitored. That's pretty damned arrogant, given that they are absolutely RTCs, take insurance money, money from school districts, the kid is labeled 'disabled' so parents write off visits.
Visits to these programs which are classified as boarding schools with the state. Talk about ODD!!
Society has rules for everyone. Any business that offers services to the public has certain rules they must follow- how they will deliver those services, how they must treat those they 'serve', etc. And, for no other reason, those who are running teen warehouses should also be required to follow certain societal rules, to the extent that this can/will happen. Secondly, it gives more teeth to the state if/when they do take action- which may happen more often with stronger pressure from the public.
I have no pollyanna fantasy that stronger regs is an absolute solution. I think it is a piece of the puzzle. A good interum strategy until collectively, people come to their senses and/or programs realize that they need to treat kids in their 'care' more respectfully. I do believe that some are beginning to realize this as we speak.
And... unfortunately, there is the possibility that absolutely nothing will change. I hope that won't be the case, but it would not surprise me in the least. I am pleased with the passing of this Bill, for whatever great or small difference it might make.
While I appreciate your prediction that the industry will die a natural death in 20-30 years, I'm not so sure. Out-of-home placements have been around for many, many years- religious reform homes, boot camps, military schools- RTCs/Wilderness are just the latest addition, and more appealing to the white middle class. While some may die off over time, I imagine there will always be parents looking to ditch their kid, and an ample number of programs available to supply the demand. And they should technically be subject to some rules of operation.
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PS Next point of attack- Ken Stettler- who has proven time and time again that he is not capable of or unwilling to carry out his duties as defined by law. Utah had some fairly decent regulations before this bill, but those regulations are worthless when they are not enforced. They aren't worth the paper they're written on.
Ex: his office found 1 (or was it 2) violations at Skyline Journey. Reviewing court testimony and news articles I found 20 some.
Utah Licensing needs someone with integrity who will take their job and the welfare of children seriously, conduct thorough investigations, and issue stiff fines for violations, who will not hesitate to close programs found to be grossly and/or repeatedly in violation. Until that happens, I will remain skeptical in terms of any real change.
[ This Message was edited by: Deborah on 2005-03-20 00:01 ]
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On 2005-03-19 22:48:00, Deborah wrote:
"While some may die off over time, I imagine there will always be parents looking to ditch their kid, ...
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Is that really the way you look at parents in fear for their child's life choices? There may be a few out there that just want to dump their kid off somewhere, but most are not thinking like that. If all they wanted to do is ditch their kid, they could do it a hell of a lot cheaper somewhere else.
Y'all have been screaming for regulation, now you've got it and it's not good enough?
What is good enough?
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On 2005-03-20 08:15:00, Anonymous wrote:
If all they wanted to do is ditch their kid, they could do it a hell of a lot cheaper somewhere else.
Yeah, but if they dump them off at a program that's supposedly 'good for them', then the parents can walk away with a 'clear conscience' and everyone will praise them for being such a good parent :roll: :roll:
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No, they tell the parent how strong they are for repressing their instincts and giving up their kid to a secretive program thats not far removed from mystery-religions, totally unaware of whats going on and meeking tolerating 3 months of secrecy and lack of contact as if Dr. Phil was talking down to them in the literal sense.
Madness takes its toll. Please have exact change.
--Anonymous