Miller, Harkin Reintroduce Legislation Against Troubled Teen Industry

The Fight Arrives at the House & The Senate: We Need YOU!

As detailed by the Committee on Education & the Work Force, Democrats are reintroducing legislation that will help to regulate the troubled teen industry.  Formerly called HR-911, this bill will provide some key changes in the way that institutions caring for troubled youth are allowed to operate.  Several notable organizations have stepped forward to support this bill, but we still need support from individuals.

Please, call the founders of this bill and show your support:

Melissa Salmanowitz (Miller) 202-226-0853
Justine Sessions (Harkin) 202-224-3254
Shams Tarek (McCarthy), 516-739-3008

Further, write your locate representatives and senators and urge them that this legislation NEEDS to pass.  Too many kids are suffering and dying in these abusive programs and we MUST put an end to this.  CONTACT YOUR SENATORS  and CONTACT YOUR REPRESENTATIVES today!

Keeping Kids Safe

The Stop Child Abuse in Residential Programs for Teens Act of 2011

Tens of thousands of U.S. teenagers attend private and public residential programs – including therapeutic boarding schools, wilderness camps, boot camps, and behavior modification facilities – that are intended to help them with behavioral, emotional, mental health, or substance abuse problems. Depending on the state in which the program operates, some of these programs are subject to State law or regulation, while others are not. As a result of this loose patchwork of state oversight, children at some the programs have been subject to abuse and neglect with little to no accountability.

The Government Accountability Office found thousands of allegations of child abuse and neglect at residential programs for teens since the early 1990s. Tragically, in a number of cases, this abuse and neglect led to the death of a child. To address this urgent problem, the “Stop Child Abuse in Residential Programs for Teens Act of 2011” would:

Keep teens safe with minimum standards for residential programs that are focused on teens with behavioral, emotional, mental health, or substance abuse problems

• Prohibit programs from physically, mentally, or sexually abusing children in their care;
• Prohibit programs from denying children essential water, food, clothing, shelter, or medical care – whether as a form of punishment or for any other reason;
• Require programs to provide children with reasonable access to a telephone and inform children accordingly;
• Require programs to train staff in what constitutes child abuse and neglect and how to report it;
• Require that programs only physically restrain children if it is necessary for their safety or the safety of others, and to do so in a way that is consistent with federal law already applicable in other contexts; and
• Require programs to have plans in place to provide emergency medical care.

Increase transparency to help parents make safer choices for their children

• Require programs to disclose to parents the qualifications, roles, and responsibilities of staff members;
• Require programs to notify parents of substantiated reports of child abuse or violations of health and safety laws; and
• Require programs to include a link or web address for the website of the U.S. Department of Health and Human Services, which will carry information on residential programs.

Hold teen residential programs accountable for violating the law

• Require states to inform the U.S. Department of Health and Human Services of reports of child abuse and neglect at covered programs and require HHS to conduct investigations of such programs to determine if a violation of the national standards has occurred; and
• Provide HHS the authority to assess civil penalties up to $50,000 for every violation of the law.

Ask states to step in to protect teens in residential programs

Within three years, states must require all public and private programs to be licensed, meet standards that are at least as stringent as the national standards, and implement a monitoring and enforcement system. The Department of Health and Human Services would continue to inspect programs where a child fatality has occurred or where a pattern of violations has emerged.

STARP, Formerly H.R. 911 – Stop Child Abuse in Residential Centers for Teens Act

Representative Miller is Reintroducing H.R. 911

In 2009, H.R. 911 – The Stop Child Abuse in Residential Center for Teens Act – was introduced.  It passed the House but died in the Senate.  On September 28th, 2011, Representative Miller announced that he would be reintroducing the bill following urging from survivor’s organizations and grassroots efforts.  While this bill does not address many of the issues that we survivors would like to see changed, it is a great start.  Having Federal involvement will not only help to bring awareness, but also help to fill oversight gaps in some of the states with the least licensing requirements for these facilities. It is extremely important that we all come together to support this bill and lobby our representatives to support it.

The full text of the original bill can be viewed here and previous votes from 2009 are available here.

Please reach out to your representative and submit the following in support of this bill:

Dear Representative,

I write to you as a voting member of your district who is deeply concerned about the child abuse that is occurring in residential treatment facilities across the United States.

On February 23, 2009 the House of Representatives passed the Stop Child Abuse in Residential Treatment Programs bill H.R. 911.  H.R. 911 stalled before the Committee on Health, Education, Labor, and Pensions  We call upon you to act and  urge you to support the re-introduction of the Stop Child Abuse in Residential Programs for Teens Act of 2009.

This bill was introduced following a report by the Government Accountability Office (GAO) which found that many residential programs, include therapeutic boarding schools, boot camps, wilderness programs and behavior modification facilities, do not offer anything remotely related to therapy, and in fact the office found thousands of cases and allegations of child abuse and neglect since the early 1990’s.   

It is currently the state’s authority to regulate these programs, but a separate GAO report found major gaps in their licensing and oversight, so that they have been able to operate virtually unregulated. To help fix this major failure, H.R. 911 proposes that these programs fall under federal regulations.  While some states may have relatively high standards, it is critical that other states, where there’s virtually no (or poor) regulation, are held accountable. (eg. Montana, Utah)

Far too many youth are being maltreated in the name of treatment and institutionalized unnecessarily as a result of lack of access to community based care. The majority of our members have witnessed first hand that harm that may come from a poorly regulated or monitored residential program.  It is incumbent upon us to protect our most vulnerable citizens, youth experiencing behavioral, emotional or mental health challenges.

Please help ensure youth safety by supporting the re-introduction of Stop Child Abuse in Residential Treatment Programs Act.  Please confirm what measures you plan to take to ensure no other youth in America are harmed in the name of treatment.

Sincerely,

YOUR NAME

ADDRESS

AGE

CAFETY (Community Alliance for the Ethical Treatment of Youth) offers a great resource page, as well as options to support this bill, on their PopVox site.