Author Topic: Just Care for Youth in Residential Placement: A Legal Analys  (Read 1171 times)

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Offline katfish

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By: CAFETY

(Publication Pending - CAFETY 2011)

 

Introduction

 

If you walked in part way through my presentation, you might have assumed that I was talking about human rights violations in a third world country. Unfortunately, these human rights violations occurred right here in the U.S. of America.[1]

 

Stories have been repeated in the media over and over again describing youth, some as young as seven, often awakened from bed in the middle of the night, taken by two large men by force or the threat thereof, while their family stands aside observing.[2]  These youths are then shipped thousands of miles away, destined to spend much of their childhood engaged in compulsory, hard labor without pay and “therapy” amounting to little more than re-education type of psychological abuse, under the guise of treatment or discipline by sadistic, sometimes violent, staff.[3]  While the aforementioned description is one most commonly associated with a draconian prison camp, what is actually being described is the fate of youths whose parents, desperate to find help for their “troubled teen,” were convinced to send their unwilling child to a tough-love programs run by U.S. nationals and marketed as wilderness camps, therapeutic boarding schools, and behavior modification programs.[4]  Many of these programs are located within the U.S. where they are subject to very little oversight or regulation, but at least several operate overseas, mostly in developing countries like Samoa, where they are subject to even scanter regulation.[5]  The staff is generally under-qualified to administer the services offered, such as education and psychotherapy, and their methods often range from traumatic to extremely traumatic, highly dangerous, and abusive.[6]

 

This paper begins with the “Background” description of the development of the troubled-teen industry, followed by an account of widespread reports of abuse in the industry’s programs and institutions both in the U.S. and abroad.  Special attention is paid to two of the industry’s largest entities, the World Wide Association of Specialty Programs and Schools and the Aspen Education Group.  The “Discussion” section reviews many of the key legal issues raised against these institutions, including the rights of parents to send their children to these facilities, the lawsuits and criminal convictions that have resulted, the few state regulations that are currently in place - including a NY State case study, and international human rights laws applicable to the children detained in these facilities.  “Looking Forward” addresses state and federal proposals, challenges constitutional limitations under international law, and examines additional proposals under international law that could further protect children from abusive practices in U.S. and foreign-based facilities.

Continued here:

Part 1:

http://www.facebook.com/notes/community ... 5912283330

Part 2:

http://www.facebook.com/notes/community ... 4888463330
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »
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Offline Che Gookin

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Re: Just Care for Youth in Residential Placement: A Legal An
« Reply #1 on: June 16, 2011, 10:24:58 PM »
Other than the frequency of colloquialisms I find the article intriguing. Nice to see you Kat, how is everything else going for you?
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »