Treatment Abuse, Behavior Modification, Thought Reform > Aspen Education Group
Aspen Education Group lawyers..AEG not mental health program
RMA Survivor:
I guess what I want to know is whether all the claims of the parents were ruled upon in the court case?
It appears to me that the question of whether unlicensed staff were offering treatment and professional counseling was taking place at North Star and whether the parents have a legitimate claim that North Star falsely advertised regarding this matter.
What the case seemed to cover was the question of whether contacting the police was a violation of patient/doctor privilege and the court merely ruled that because the specific person who made the police report was not licensed, the report was legal as they were not covered by the privilege. And it mentioned that one of the students "team" was in fact licensed, but was not involved in making the report.
But as the poster above mentioned, it is the vagueness of North Star and Aspen's brochures and in communications with parents looking for a place to send their children that parents are duped in to believing that these are real treatment facilities and that their children will receive real, professional and licensed mental health treatment and counseling for their problems. And as this family now has learned, that answer is no. Their kids are actually in two programs. One is not a licensed treatment program, and the other is, but plays only a minor and legal role to avoid accountability. Yes the students might occasionally meet with a real person licensed and trained to provide therapy and counseling. However the bulk of the program is about unlicensed staff and the "other" part of the program where students are forced to confess things and be subjected to humiliation and other deprivations, but because Aspen and North Star can claim this is not actually treatment but merely a "program", this second and clearly separate function is cleared from legal action.
Part of winning a lawsuit would entail "reasonable belief" in the fact that most people who read such a brochure as Aspen and North Star and these other Teen Prison Camps put out, would reasonably believe that the ENTIRE program is a fully licensed and trained treatment facility offering professional counseling and mental health care. And if the parents can make such a case, North Star could be in serious trouble. Using vague descriptions only works so long. A real lawyer could build a case to show that deception was used and that harm was done. Just because the first portion of the case showed that it was legal to make a police report does not answer the question, as far as I can see, as to whether North Star is guilty of false advertising and engaging in treatment by unlicensed and untrained staff.
Whooter:
--- Quote ---It appears to me that the question of whether unlicensed staff were offering treatment and professional counseling was taking place at North Star and whether the parents have a legitimate claim that North Star falsely advertised regarding this matter.
--- End quote ---
Something to consider:
The confusion may be that there is an option to have an individual therapist. Some of the programs offer individual therapy for those kids who need it and/or are on meds which require follow up. If you choose this option (or if it is necessary) then the therapist is billed separately and some places have you pay the therapist directly to their office if they are not part of the staff.
If the therapist who performs the individual therapy is on Aspen Staff then the contract may be worded differently. So what we need to know is what Northstar offers and if the Pences chose the individual therapy option (if that is how it was set up.)
Ursus:
--- Quote from: "RMA Survivor" ---I guess what I want to know is whether all the claims of the parents were ruled upon in the court case?
--- End quote ---
No, they were not.
As I mentioned previously, whether it was this thread or one of the other ones discussing this case, I was unable to find any further mention of it despite extensive searching. The case as it stands right now, i.e., what has been posted, is a summary judgment requested by both parties in the hopes of foregoing a jury trial.
The judge ruled on two of the five claims. The remaining three (which include the HIPAA issues as well as punitive damages sought) are assumed to continue to a jury trial.
It's possible that this case is stashed in one of those pay-per-view or subscriber archives such as WestLaw. It's also possible that it hasn't come to trial yet. And it's also possible that Aspen may have offered some kind of settlement to prevent said damning issues from seeing any more light of day.
Anonymous:
--- Quote from: "Ursus" ---
--- Quote from: "RMA Survivor" ---I guess what I want to know is whether all the claims of the parents were ruled upon in the court case?
--- End quote ---
No, they were not.
As I mentioned previously, whether it was this thread or one of the other ones discussing this case, I was unable to find any further mention of it despite extensive searching. The case as it stands right now, i.e., what has been posted, is a summary judgment requested by both parties in the hopes of foregoing a jury trial.
The judge ruled on two of the five claims. The remaining three (which include the HIPAA issues as well as punitive damages sought) are assumed to continue to a jury trial.
It's possible that this case is stashed in one of those pay-per-view or subscriber archives such as WestLaw. It's also possible that it hasn't come to trial yet. And it's also possible that Aspen may have offered some kind of settlement to prevent said damning issues from seeing any more light of day.
--- End quote ---
NO.
What would be great to get is Aspen Education Group's expert witness, Larson's depostion for Aspen that they are in any legal sense a treatment center for drug or mental disorders, and that the "phases" Aspen offers are in no legal sense of the term "therapeutic."
Can you track that down
III. Third Claim - Negligent Provision of Mental Health Tx
--- Quote from: "aspen education group argues its center is not not a therapeutic treatment program" --- Expert witnesses disagree as to whether Matthew Pence's list of confessions was part of a therapeutic treatment program, whether NorthStar is a drug and alcohol or mental health therapy program, and whether NorthStar personnel violated a standard of care applicable to counselors and therapists. See Dr. Larsen's Aff. (for defendants), Dr. Huffine's Aff. (for plaintiffs). Disputed issues of material fact preclude summary judgment for Matthew Pence or defendants on the third claim for negligent provision of mental health treatment.
--- End quote ---
Anonymous:
fixed
--- Quote from: "Guest" ---
--- Quote from: "Ursus" ---
--- Quote from: "RMA Survivor" ---I guess what I want to know is whether all the claims of the parents were ruled upon in the court case?
--- End quote ---
No, they were not.
As I mentioned previously, whether it was this thread or one of the other ones discussing this case, I was unable to find any further mention of it despite extensive searching. The case as it stands right now, i.e., what has been posted, is a summary judgment requested by both parties in the hopes of foregoing a jury trial.
The judge ruled on two of the five claims. The remaining three (which include the HIPAA issues as well as punitive damages sought) are assumed to continue to a jury trial.
It's possible that this case is stashed in one of those pay-per-view or subscriber archives such as WestLaw. It's also possible that it hasn't come to trial yet. And it's also possible that Aspen may have offered some kind of settlement to prevent said damning issues from seeing any more light of day.
--- End quote ---
NO.
What would be great to get is Aspen Education Group's expert witness, Larson's deposition for Aspen in which he posited that they are NOT in any legal sense a treatment center for drug or mental disorders, and that the "phases" Aspen offers are in no legal sense of the term "therapeutic."
Can you track that down?
III. Third Claim - Negligent Provision of Mental Health Tx
--- Quote from: "aspen education group argues its center is not not a therapeutic treatment program" --- Expert witnesses disagree as to whether Matthew Pence's list of confessions was part of a therapeutic treatment program, whether NorthStar is a drug and alcohol or mental health therapy program, and whether NorthStar personnel violated a standard of care applicable to counselors and therapists. See Dr. Larsen's Aff. (for defendants), Dr. Huffine's Aff. (for plaintiffs). Disputed issues of material fact preclude summary judgment for Matthew Pence or defendants on the third claim for negligent provision of mental health treatment.
--- End quote ---
--- End quote ---
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