Treatment Abuse, Behavior Modification, Thought Reform > Benchmark Young Adult School / Benchmark Transitions

Public letter of Response to Benchmark Tour Offer

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Oz girl:
I get why someone would not just walk out into a tough part of a strange city with no ID, money or job to go to particularly if they were not welcome at home.
Did many of the kids enrolled at benchmark come from other TBS schools? Was it part of an exit plan for some?
Were there any students/patients who were over 25. What did they go for?

psy:

--- Quote from: ""Oz girl"" ---I get why someone would not just walk out into a tough part of a strange city with no ID, money or job to go to particularly if they were not welcome at home.
Did many of the kids enrolled at benchmark come from other TBS schools?
--- End quote ---

A few while I was there came directly out of CEDU schools.  They were 17 at the time of the transfer.  I wouldn't say many came from other schools but there were some.


--- Quote --- Was it part of an exit plan for some?
--- End quote ---

See strugglingteens.com for more information.  :lol:  I don't know if the CEDU students who came to bMark had their transfer as part of an exit plan but i would have imagined this to be so.  It's speculation though.


--- Quote ---Were there any students/patients who were over 25. What did they go for?
--- End quote ---


Not many of them.  Most were under 20.  There were a few who were over 20, and one who was 24.  Most of them were there for more serious issues (drugs, etc.)

During the time i was there, the maximum age was 24.  It seems, since then they have increased it.

psy:
Although the contract has changed significantly since I enrolled in Benchmark Young Adult School, i figured I might post a few excerpts here from their current enrollment contract:

1. Financial Sponsor, (parent/guardian) agrees to purchase the Benchmark Young Adult School personal
growth and independent living program for the Student named herein, and is committed to maintaining  
enrollment in said program for no less than 12 months.
2.    Financial Sponsor agrees to commit to the completion of the entire program, with graduation from the
Benchmark program being the ultimate goal for both the Student and the Financial Sponsor.[/quote]

That's right folks.  The parents aggree to pay until the students graduate, at a speed Benchmark dictates.  Oh.  But what if the kid leaves and wants to come home:


--- Quote from: ""page one continued"" ---c. Financial Sponsor and the Student understand and agree that they will make every effort to support
Benchmark and the Student in the completion of said Student?s program and should the Student
leave prior to the completion of the minimum 12-month contract, Financial Sponsor will make
every effort possible to promote the Student?s return to Benchmark.

--- End quote ---

That's right.  Return to sender.  You can't go home to the parents.  This is a contract. it is legally binding.  students read and sign this


--- Quote ---b. Financial Sponsor understands and agrees that Benchmark reserves the right to secure additional
behavioral health services for the Student.  Examples include, but are not limited to: outside thera-
pists, psychologists,  in-patient or out-patient recovery, hospitalization or by utilizing alternative
Benchmark programs such as ?Time Out.?  Unless these fees are covered by insurance, the costs
will be charged to the SRF.
--- End quote ---

"Time Out" is the term for shoving a kid in a motel with the "Benchmark Diet".  So, as i interpret the above, IANAL, the parents not only have to pay for the program, but also for the motels, until the Student "graduates".


--- Quote ---c. Financial Sponsor understands and agrees to use the outside professionals that Benchmark selects,
regardless of insurance restrictions.
--- End quote ---

I've always wonder why Benchmark always uses doctor Nelson.  Ha.  So if you're going to complain to a shrink, your going to complain to thier shrink who hypothetically could write an absoltely horrible evaluation of you.  And hypothetically could possably rely on a Benchmark for much of his business.  For the record, they employ no Psychologists, they bus kids to "Nelson" once a week usually.  "You have a Nelson appointment" is a commonly used staff phraise.


--- Quote ---a. We will make every effort with the Student to facilitate the completion of the program within the
minimum 12-month time frame.
--- End quote ---

I allege that is horse-shit.

The Student/Parent/Financial Sponsor hereby consents to the Student?s participation in all activities and programs
conducted by Benchmark Young Adult School, and releases Benchmark Young Adult School, Inc., its agents, employ-
ees and officers, from all claims, demands, action, judgments and executions which the undersigned may have against
Benchmark (et al) , for all personal injuries, known or unknown, and injuries to property, personal or real, caused by or
arising out of the Student?s participation in the related activities and programs.  This release and discharge further  
extends to any injury caused as a result of the Student?s decisions or actions, made while enrolled as a Student or not.[/quote]

Odd that is in the health and fitness section.  It Hypothetically might have something to do with that alleged (didn't see with my own eyes) suicide.  And multiple attempts I witnessed.

The Student and Financial Sponsor hereby agree to release, waive, discharges and covenants not to sue, indemnify and
save and hold harmless Benchmark Young Adult School, its officers, agents, employees family members and any    
students from any loss, liability, damage or cost, claim or demands therefore on account of injury to the person or
property of resulting in the death of the Student, whether caused by the negligence of Benchmark or otherwise, while
the Student is in, upon, about or using the facilities or equipment of Benchmark.[/quote]

See above hypothetical situation.  Basically they're saying, if they screw up and kill your kid, you can't sue, even if it was their fault.  I wonder what made them put that there.  hmm. 8)  I don't recollect it being in my enrollment contract. :D


--- Quote ---We further agree that this Release shall be construed in accordance with the laws of the State of California.  If any term
or provision of this Release shall be held illegal, unenforceable, or in conflict with any law governing this Release the
validity of the remaining portions shall not be affected thereby.
--- End quote ---
Ahh.  the severability clause.  So You can basically blow away any other part of the contract... but don't worry, our lawyers spent 90% of their time on this page.

4. Financial Sponsor understands and agrees that Benchmark will use all precautions so that no harm comes to
any under age student.  
 
It is further declared that both Financial Sponsor and the Student will agree to hold Benchmark Young Adult
School, Inc., including its staff and any subsidiaries, NOT responsible if the Student is harmed as a result of
usual and customary standards of practice, by ways and means beyond our control, or if the Student,  by his
or her own actions and free will, causes harm to self or others.
[/quote]

"customary practices" includes "Time Out" (shoving your 17 year old kid in a motel.)  But they never quite explain exactly what "Time Out" is until your kid gets put on it like most students.  Yes they have done this.  I wonder why it isn't thoroughly explained elsewhere.  hmm.

But it really doesn't matter since the parents aggree in three seperate friggin places not to sue.  However.  this does not prevent them from being able to do so ask your lawyer.  misrepresentation is one hypothetical option or the judge may hypothetically use said contract as toilet paper.  Class action is another option.  It isn't the parents suing.  its done technically on their behalf AFAIK IANAL.

Tuition is non-refundable after 5 days, and parental contact is restricted for 30.  So essentially let's compare this to a computer sales person:

You, Mister Joe Luddite, buy a computer, and you aggree not to refund it after five days of the date of sale.  When the computer box arrives 30 days later, it's filled up with a "spell & speak" with a cracked screen.  Since you can't afford another computer you have to find a way to post on fornits with said "spell & speak".  the computer salesperson assures you, though, that it is not only possable, but their customers are 97% satisfied.

It's not a perfect analogy but you get the point.  Parents BEWARE of Benchmark Young Adult school.

AtomicAnt:

--- Quote ---The Student and Financial Sponsor hereby agree to release, waive, discharges and covenants not to sue, indemnify and
save and hold harmless Benchmark Young Adult School, its officers, agents, employees family members and any
students from any loss, liability, damage or cost, claim or demands therefore on account of injury to the person or
property of resulting in the death of the Student, whether caused by the negligence of Benchmark or otherwise, while
the Student is in, upon, about or using the facilities or equipment of Benchmark.
--- End quote ---


This kind of language is common in contracts. As Psy stated it is legally meaningless. I am not a lawyer, but have taken business law classes and worked in business for many years. Our law professor specifically stated that you cannot sign away responsibility for negligence. He clearly told us that even in cases where restaurants and parking garages have signs that say "not responsible for loss or damage to personal property" or something similar, these signs are not enforceable because you can't post a sign and change the law. If you can demonstrate negligence, you have a case.

But these contract clauses and signs still exist and one can only imagine that there are people who are stopped from making claims against business simply because they read them and believe them.

Psianide:

--- Quote from: ""Oz girl"" ---Yes i did see the website deborah. But given that the kid is 18 or even not a kid at all if they are 28, how on earth does the familiy in most cases get the young adult to agree. Surley even if they are mentally ill a person cant legally be placed there without consent as an adult?
i understand that in the US often the family has to pay the UNI fees up front so that this can be a leverage point. My question was not designed to belittle the alumni of Benchmark or any other similar place, i am genuinely curious as to what would make someone agree to walk through the door of a programme designed for the parents not the "kid"
--- End quote ---


There are ways. Geographical Isolation, stripping one of resources, brainwashing, using relationships to loveones as leverage, extended custody (yes it is possible for a parent to retain legal custody of an adult). You should note that most cults don't employ physical restraint against thier members, and still many members who are genuinely unhappy with their situaiton are retained.

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