Miller, McCarthy Reintroduce Legislation to Stop Child Abuse

[Kathy]

http://edlabor.house.gov/newsroom/2009/ ... e-le.shtml

House Education and Labor Committee will consider legislation on Wednesday

February 9, 2009 2:58 PM

WASHINGTON, D.C. – U.S. Reps. George Miller (D-CA) and Carolyn McCarthy (D-NY) today reintroduced legislation to protect teenagers attending residential treatment programs from physical, mental and sexual abuse and to prevent deceptive marketing practices by operators of private residential programs for teens. The lawmakers also announced that the House Education and Labor Committee will mark up the legislation on Wednesday.

Investigations conducted by the Government Accountability Office during the 110th Congress at the lawmakers’ request have uncovered thousands of cases and allegations of child abuse and neglect since the early 1990’s at teen residential programs, including therapeutic boarding schools, boot camps, wilderness programs and behavior modification facilities. Currently, these programs are governed only by a weak patchwork of state and federal standards. A separate GAO report, also conducted last year at the committee’s request, found major gaps in the licensing and oversight of residential programs – some of which are not covered by any state licensing standards at all.

In addition, the GAO’s investigation revealed that many teen residential treatment programs have been using deceptive marketing practices and questionable tactics to lure vulnerable parents desperate to find help for their children.

“For far too long, these abuses, neglect and mistreatment of children – some of the most horrific violations of trust imaginable – have been allowed to go on completely unchecked,” said Miller, the chairman of the House Education and Labor Committee. “Parents deserve every assurance that their children will be safe and protected when attending a program intended to help improve their lives.”

"It is no doubt a painful and difficult decision for parents to send their children to residential treatment facilities and the last thing they should have to worry about is the possibility of unknowingly putting their kids in harms way,” said McCarthy, chairwoman of the Healthy Families and Communities subcommittee. “It is crucial that federal standards are set in place to prevent the abuse, neglect and deceptive marking practices that have devastated so many children and families.”

To address these problems, the Stop Child Abuse in Residential Programs for Teens Act of 2009, would:

    * Establish, for the first time, minimum federal standards for preventing child abuse and neglect at teen residential programs. The bill would require the U.S. Department of Health and Human Services to inspect all programs around the country every two years and to issue civil penalties against programs that violate the new standards. The bill also calls for states, within three years, to take on the role of setting and enforcing standards for both private and public youth residential programs.
    * Strengthen protections for children attending these programs. The bill would require programs to provide children with adequate food, water, medical care and rest.
    * Ensure that programs are transparent and provide parents with information about teen residential programs that enable them to make safe choices for their teenagers. The legislation would create a toll-free national hotline for individuals to report cases of abuse and a website with information about substantiated cases of abuse at residential programs, including programs locations, owners, and history of violations and child fatalities. Programs would also be required to inform parents of their staff members’ qualifications, roles and responsibilities.

 
The House passed similar legislation last June by a bipartisan vote of 318 to 103, with the support of the American Association of Children’s Residential Centers, American Bar Association, American Academy of Pediatrics, American Psychological Association, the Child Welfare League of America, Children’s Defense Fund, Easter Seals, Mental Health America, the National Child Abuse Coalition and many other organizations.

For more information on this legislation, click here.

For more information on the committee’s past hearings on these abuses, at which GAO released its reports, click here.

# # #

For Press Inquiries
Contact: Aaron Albright / Melissa Salmanowitz
2181 Rayburn House Office Building
Washington, DC 20515
202-226-0853

More exposure!  Woo hoo!

[Anonymous]

LINK?

[Kathy]

http://edlabor.house.gov/newsroom/2009/ ... e-le.shtml

[Anonymous]

If they had a look at my tables they might reconsider the danger of programs.... Ha,Ha,Ha...

[firstresponder]

lets hope it finishes this time instead of stalling.

[AuntieEm2]

My understanding is that the legislation did not stall last year, per se, but there were two concerns about carrying it forward.

First, it faced uncertain passage in the Senate and if it had reached Bush's desk he would likely have vetoed it. Second, there were important provisions that had been removed and so the bill as passed in the House did not carry the kind of protections that Miller's office and advocates wanted to see. As an example, language that made it easier (or more lucrative) to sue programs had been stripped out. This all but assured that programs would continue to be protected from investigations and lawsuits that have the potential to impose the kind of crippling financial judgements we hope will close programs.

And, yes, let's hope a bill with some teeth in it gets passed into law this time. The political climate is more favorable with the new Congress.

Auntie Em

[Kathy]

Regardless of the actual law, this means exposure. The more exposure that is seen, the more closures are seen.  All corporation can get around the law (look at the peanut factories) but this exposure shows them, people are paying attention, taking us seriously and the exposure is sure to lessen the demand for these types of programs.  After all they can not exist if no one wants to buy their "magic beans."  :cheers:

[FemanonFatal2.0]

Heres my suggestion, and Ive been thinking about this for some time.

As a group of survivors we are by far the most qualified to accurately sniff out abuse in these programs and I believe it is up to us to help this bill keep its teeth by establishing a committe, organization or agency that will be responsible for ruling out the specific standards and implementing the new laws (if the bill passes of course). As much as we would all like to sit back and assume our government will do the right thing on their own I think its a fair assesment that our government hasn't really handled these kinds of issues correctly in the past. Look at the social services for example, what started out as a noble purpose turned into a royal mess. I think the only way it will get done right is if we do it ourselves.

Since the planning of this would need to be more so confidential, ill just leave a little inviatation here, hopefully to spark some conversation but as far as actually creating plans, I think the interested parties should conviene in private.

I know not everyone here is in support of regulation as a solution to the wide array of problems with this industry but I firmly believe that its necessary to ensure the protection of teens in the shortest amount of time. If we can first set the standards and establish our leverage to gain access to properly investigate the schools then with the power of the US government behind us we can prosecute those who have committed child abuse in residential treatment programs.

I honestly believe that we shouldn't expect anyone to do this job for us. We are the ones who can see clearly through the lies and we will not be swayed in our conviction to protect these children no matter what it takes. We also wont take bribes or get caught up in the politics that regularly plauge the decision making of those who hold the power in this country. We are the only ones with the experience and the "sixth sense" about how abuse undercover exists and we are the ones who will always be an advocate for the children even against the worst of odds.

Maybe I was always different, I never bought into the brainwashing of the program, or my mother's hysteria, maybe I always knew that I would be fighting these kinds of injustices for the rest of my life. Most times its going at it alone against worst of odds and I'm okay with that, but this time we are all going to need to band together. Some of us have contributed to this movement by speaking out even if its just posting on a forum, others have been doing their part behind the scenes but the reality is that it is MUCH bigger than that, its about making a difference for our future generations, the future adults that will change the world. We all know we have a mountain to climb here, the odds are stacked and time is not on our side, but what we do have is the TRUTH and in the end that is ALL that will matter.

So if any of you think you've got the balls to really be part of the solution to this problem then stand up and do something about it. Aren't you ready to stop talking about it and start taking action? I know I am.

:deal:

[firstresponder]

the only problem is that the programs could clam us bias to them. which would void anything we do.

we need a group composed of survivors and non survivors. and i still say we need medical pro's just to be safe. hence it would be a balanced group. dont get me wrong i wish it could be all survivors but like i said the programs could clam bias.

[psy]

Well.  I tried the Govt route before and sort of gave up on that.  Your results may vary, but good luck getting programs to agree to letting you into their facilities.  Also, don't ever think your "sixth sense" is by any means perfect.  I've seen survivors overlook abuse before and get "fooled twice".  That being said... go for it if you think it can work.  I have some different suggestions to offer i'll be submitting (more on the education and public awareness front).

[psy]

Regardless of the actual law, this means exposure. The more exposure that is seen, the more closures are seen.  All corporation can get around the law (look at the peanut factories) but this exposure shows them, people are paying attention, taking us seriously and the exposure is sure to lessen the demand for these types of programs.  After all they can not exist if no one wants to buy their "magic beans."  :cheers:

Very true.  My only fear with legislation is that ineffective legislation (99% of all legislation) will do little more than provide parents with a false sense of security.  I have close to 0% faith in government.  Personally, I think there are better ways to provide awareness (that might be a good brainstorming session).

[BuzzKill]

My only fear with legislation is that ineffective legislation (99% of all legislation) will do little more than provide parents with a false sense of security.  I have close to 0% faith in government.  Personally, I think there are better ways to provide awareness (that might be a good brainstorming session).

This is a valid concern, which is why we have to keep demanding this thing have real teeth and bite. But I also want to point out, parents have this false sense of security as it is - and as it is, it is truly totally false. People assume that there are protections for any child in any kind of residential setting, and this is a reasonable expectation; but as we all know so well, this is, as of now, absolutely not true.

[Anonymous]

I have never understood why the 2 issues have been seen as mutually exclusive. I agree that no legislation can stop the crazy mind games or the fact that these places provide parents with the right to incarcerate their child without trial with apparently few qualms. Only discussion and education can do this. But there needs to be some basic minimum standards particularly in the case of wilderness where shoddy medical negligence has literally killed young people. There also needs to be a legal remedy for young people who face physical violence or sexual abuse within programs and who are barred from reporting it. Legislation can ensure that the worst programs are forced to clean up their act and stop physically restraining kids,starving them and allowing predators to sexually abuse kids or close, education can help parents to see the folly of going down this road. Legislation is also likely to force the prices up in the cheaper places as it costs more to provide basic standards. in this economic climate it further narrows the affordability of programs

[Anonymous]

so this bill won't ensure criminals who abduct and imprison minors for profit go to prison?

[AuntieEm2]

Good question. Important question. And I don't know the answer.

Here's a guess. I believe that if it becomes easier to sue programs, then programs will more often be forced to open their records. If records beome public, then criminal charges might follow civil lawsuits. I don't think this will overcome a bias towards discounting reports of abuse by the teens themselves (that label of "troubled teen" is so damning), and I don't think it will overcome a longstanding bias in favor of parental rights by the courts (including the Supreme Court).

But in my view the goal is to prevent abuse from ever happening, and if we can shine the light of day on the abuse in these programs, maybe, maybe, maybe we can prevent more kids from being sent to these hellholes in the first place.

Auntie Em