Fornits

Fornits Home for Wayward Web Fora
An open discussion about the troubled parent industry

I'm well aware of the lack of resources but whatever alternatives DO exist should be foregrounded, at the very least, as alternative models for dealing with kids who have serious behavioral/substance/psychiatric/family problems.

Judge dismisses bid to release teen from youth home
Parents' rights: The wishes of the girl's mother trump a friend's concerns
By Elizabeth Neff
The Salt Lake Tribune

"Citing parents' rights to decide what is best for their children, a federal judge this week dismissed an effort to get a California teenager out of a Utah youth treatment program against her mother's wishes.
   Elisabeth Feldman, of the San Francisco Bay Area, says she is a close friend of a 17-year-old girl sent to the Draper-based Youth Care of Utah. Feldman, who claims to be acting in the girl's behalf, contends the teen was taken against her will to the wrong place to get the help she needs.
   Attorney Thomas Burton on Monday asked U.S. District Judge Paul Cassell to order the girl brought to court to be heard, but the judge dismissed the case.
   Cassell said Feldman, the mother of the teen's boyfriend, had not proved she had the right to bring the court action. The judge also ruled writs like the one Burton filed can be used to protect against actions taken by the government - not private programs like Youth Care.
   "I find that parenting decisions should not be litigated in the federal courts," Cassell said.
   The judge said his ruling "does not leave children unprotected" as any complaints of abuse should be reported to the state's Division of Children and Family Services.
   But Burton said the ruling ignores larger   constitutional questions about the liberty interests of minors, and whether they can object to being held against their will. He questioned whether such reasoning creates a "new kind of mafia."
   "Because these people operate privately they are untouchable?" he asked.
   The girl's mother, who attended Monday's hearing along with Youth Care officials, said Feldman has violated her family's privacy and that her daughter "is where she needs to be."
   The mother said the teen attends school during most of the day and receives group and individual therapy in the program. The two had dinner Sunday night, and her daughter is doing well, she said.
   "This was the most difficult decision I have made in my life," she said of enrolling her daughter.
   The girl is not permitted to speak with anyone not on an approved list at the facility. But Feldman, a retired psychotherapist, has said the girl told her she wanted out during a conversation on a cell phone someone had smuggled into the facility.
   Both sides referred to the teen as exceptionally bright. But while Feldman says she is depressed, the girl's mother says her daughter was "struggling emotionally across the board" before she was expelled from her high school.
   A   California judge has issued a restraining order against Feldman, which Cassell cited in his ruling Monday. Feldman says she never had notice of the proposed order or the chance to fight it in court before it was issued.
   Burton and Feldman argue the program's secretiveness leads to questions about its treatment of teens. Youth Care attorney Dayle Jeffs said the program's restrictions on contact are necessary for treatment.
   Burton and Feldman say they will appeal the decision, either taking the matter before a federal appeals court or a Utah state court judge. Earlier in the hearing, Burton had quickly disproved a claim by Jeffs that Burton was not   admitted to practice in Utah's federal court."

Please read my post here: http://fornits.com/wwf/viewtopic.php?topic=7251&forum=9 for more on this.
   
   [ This Message was edited by: hurleygurley on 2004-11-26 10:06 ]

I will go into greater detail BUT I've just been through the wringer in Utah and I'm convinced that nothing will stop these people. A suit against the state is in the works. Anyone interested, please let me know. The suit is focusing on lack of regulation over these programs, continued non-reponsiveness from state agencies regarding these problems and fraud regarding the reporting of abuse and coverups. Any stories you have regarding contact with Utah state agencies, PLEASE  LET ME KNOW. We are not doing this specific to our case, we're doing it for all the kids, past, present and future who pass through these programs. A suit, if won, can bypass the legislation that will never be.

Backing up - We just took our Writ case to the 10th District (Utah) Federal Court. The procedure was a sham. The federal judge, Paul Cassell, absolutely, clearly, undeniably DID NOT EVEN READ OUR DECLARATIONS!!!, not to mention that what is supposed to be a "swift" process because it's Writ proceeding and not a lawsuit, stretched from max. 15 days to 8 weeks! It's shocking that this can happen at the federal level, although, given what other kinds of **** our gov't does, it shouldn't be. But when it happens in your face, it's quite sickening. I will post the opinion of the judge and some background on my web page this week. The only good part of this is that on appeal we can destroy this opinion with a few paragraphs.

And we still have many options left.

The judge, in his opinion, assures the public that his decision "does not leave children unprotected" , a sick, sick joke. (Not to mention that I clearly stated in my declaration that I had gone to every state office to make my complaints with no response.) Also, as an aside, the SLC Tribune published the article on the case right  beside an article of a man found guilty of heinous child abuse AND the front page article was about Meth PARENTS who'd killed their child from neglect. The judge said "he's not inclined to question the judgement of parents." Sad irony. Also, the mother in our case, stated IN HER OWN WORDS in a TRO (illegally) filed against me, that her judgement was impaired. There was no evidentiary hearing. I did not get to respond to any of the b.s. that the Judge smugly spewed from on high. I've never been in court before and had a hard time not screaming.

 Anyway, after the dismissal of our case, (and essentially being sent back to the state by the judge) my friend's lawyer and I went to the head of licensing in Utah, who acted as if he listened and understood our plight. He knows the lawyer, a Mormon and respected member of the SLC legal community. The lawyer was simply trying to get access to my young woman friend at Youth Care because SHE HAD REQUESTED LEGAL COUNSEL TO ME BY SNUCK IN CELL PHONE!The core rules regulating RTC's give patients the right to counsel. He tried going to Youth Care and got no access. He tried calling the Director of YC, no return phone call. We were promised that licensing would go out and ask my young friend, SPECIFICALLY, if she wanted counsel. We had our doubts, which is why we went to the head of Licensing, Ken Stettler. We wanted to make sure that what was reported back to us was the truth, just in case we heard that my friend said "no." Lo and behold, it was reported that she said "no." Stettler and the Deputy AG, who was appraised of this situation stonewalled us completely, after Stettler promised he would investigate if there was a "no" answer.We wanted proof and the only proof we could accept is if the lawyer went down to YC and spoke with my friend directly. IMPOSSIBLE. We have reason to believe my friend was moved to Youth Care's "brother" RTC, Pineridge (intentionally) and may not have even been at Youth Care when the licensing person visited.

At the highest levels of Utah gov't we were baldly lied to with apparently sympathetic promises which won't be kept. We know this girl wants this particular lawyer's representation. One of the issues on which we were dismissed was that I, having no blood relation to my friend, did not have standing to petition for her, which in itself is highly questionable. Her relatives who haven't seen her for years would have standing. Having known this girl intimately for the year prior to her placement, being a professional in the mental health field, etc... don't qualify me. If my friend were able to sign the petition herself, the question of standing would be moot. Will she be allowed to see the lawyer who is representing her? We're going to try through California court to make this happen. Utah is lawless and as for the new legislation introduced by Hatch, actually it would make a significant dent in the "untouchable" policies regarding these places. It's not everything but there are some good provisions. Will it pass? I have almost no hope, despite the Mountain Park tragedy (AND SO MANY OTHERS!).

So, again, please send me your Utah gov't experiences! email me at [email protected] . Thanks.

As I'm building my site I'm looking for alternative programs for parnts who, for whatever legitimate reasons, need alternatives for their kids. I will check into the Sudbury and Demo schools and report back.

 I know from nearly first hand that Anastazi Wilderness in Utah is a program based on - get this ridiculous notion - LOVE!

Also, Theresa Heinz Kerry's son runs a buddhist school for "troubled teens" called Tinicum in Pennsylvania. There's a heavy focus on arts and strong academics. I have no first hand knowledge of the school. http://www.tinicumartandscience.org

email me at [email protected] and I'll tell you what I can.

It's Sunday so I can't call but it appears these meetings are open and interested parties can testify if they give 24 hours notice to the committee.

To refresh memories, here's what was summarized from the June meeting (the last mention of this issues)

6.   Group Homes

Sen. Hatch briefly discussed the incident that occurred in a group home in Cedar City that resulted in the death of the home's staff member.

Ms. Dupont distributed sections of the Utah Code which pertain to the regulation of group homes. Regulation of these homes is a blend of many laws and regulations that determine where and how the homes can be located.

Mr. Paul Bittmenn, Cedar City Attorney, distributed a written copy of his comments. He suggested the implementation of the following three policy goals: 1) increase the specificity of the state rules regulating residential treatment facilities; 2) empower state inspectors to enforce regulations; and 3) empower local government to be able to regulate residential treatment facilities.

Ms. Robin Arnold-Williams, DHS (Department of Human Services), stated these homes are a critical part of human services care in the state and it is her desire that they provide quality care. More children and youth are placed in these facilities from out of state than from within the state.

Mr. Ken Stettler, Office of Licensing, DHS, distributed several handouts regarding group homes. He said his office is charged with the responsibility of licensing each foster care home and any treatment programs that have to deal with mental health, substance abuse, aging, etc.

Ms. Shannon Dulaney, Iron County School District, expressed concern with the lack of communication between group homes and the education system and indicated that the education of some group home residents is being interrupted.

Mr. Tom Walker, Iron County School District, said that none of the 16 providers currently in Iron County offering programs for troubled youth have come to the district to discuss their education programs.

thanks. won't forget to include wilderness programs.

Also, I don't mean to dismiss the links above which are all great sites with great information and I hope we can cross-relate. I just notice lots of information needed that's not listed anywhere, particularly in one place.

I have to get email set up for site over the weekend. until then please go to

http://www.troubledteenindustry.blogspot.com and make a comment on any post and I'll get it. this blog is really an information collection station fo r me, not intended to be terribly useable even though there's good stuff there.