H.R. 5876 would require certain standards and enforcement provisions to prevent child abuse and neglect in residential programs.
Detailed Summary
Stop Child Abuse in Residential Programs for Teens Act of 2008 - (Sec. 3) Directs the Assistant Secretary for Children and Families of the Department of Health and Human Services to require each location of a covered program to meet specified minimum standards if individually or together with other locations it has an effect on interstate commerce.
Defines "covered program" as one not operated by a governmental entity that for children unrelated to the program owner or operator: (1) provides a residential environment; and (2) operates with a focus on serving children with emotional, behavioral, or mental health problems or disorders, or problems with alcohol or substance abuse.
Directs the Assistant Secretary to require each location of a covered program that, individually or together with other locations, has an effect on interstate commerce, to meet certain minimum health and safety standards.
Directs the Assistant Secretary also to: (1) establish a process for conducting unannounced site inspections of each covered program location to determine compliance with such standards; (2) implement an ongoing review process for investigating and evaluating reports of child abuse and neglect; (3) establish civil penalties for violations of standards; (4) establish public websites with information about each covered program, as well as a national toll-free telephone hotline to receive complaints; and (5) establish a process to ensure that complaints received by the hotline are promptly reviewed by persons with appropriate expertise.
(Sec. 4) Requires the Assistant Secretary to refer any violation of such standards to the Attorney General for appropriate action. Authorizes the Attorney General to file such a complaint on his or her own initiative regardless of whether such a referral has been made.
(Sec. 5) Authorizes a private right of action in a U.S. district court for harm caused by a violation of minimum standards.
(Sec. 7) Authorizes appropriations for FY2009-FY2013.
(Sec. 8) Amends the Child Abuse Prevention and Treatment Act to establish additional eligibility requirements for grants to states to prevent child abuse and neglect at residential programs. Requires such states to develop policies and procedures to prevent child abuse and neglect at covered programs consistent with the standards specified by this Act. Authorizes appropriations for FY2009-FY2013.
Status of the Legislation
Latest Major Action: 6/24/2008: House floor actions. Status: Mrs. Bachmann moved to recommit with instructions to Education and Labor.
Points in Favor
(Log in to edit the wiki and be the first to show why the bill should pass!)
Points Against
(Log in to edit the wiki and be the first to show why the bill should not pass!)
Visitor Comments
Jenna
May 9, 2008, 10:37pm (report abuse)This bill is the dumbest thing ive ever heard of. im 17 and have been in 2 programs 1 from 13-14 and another from 15-16 and they have helped me out tremendously! and they will help out other children in crises too!
Alex
May 15, 2008, 9:37pm (report abuse)While I obviously support the idea of stopping abusive treatment programs, the bill, as written, would create unnecessary bureaucracy and burdensome rules that would very adversely affect the hundreds of treatment facilities that are in compliance with state’s laws and that are providing literally life-saving services for thousands of families every year.
CAFETY.org
May 29, 2008, 2:13am (report abuse)Unless you're one of those who have been abused. The burden of these rules are a small price to pay for youth protection.
Joyce Myers
June 7, 2008, 6:43pm (report abuse)I have a daughter in Mount Bachelor Academy in Oregon. I heard from her when she was able to sneak an unmonitored phone call out. She is kept up for days at a time for deprogramming sessions. She looks horrible. I made a suprise visit there and saw for myself zombie-like teens who were in terror of the staffers. She told me they were doped up by the staff. I was told to leave the property although I had traveled for 2 days to check on her. They use cultlike tactics here. These schools need to be shut down as I believe they are operating under false premises. I cannot sleep at night as I remember the sad, fearful looks of the kids as I drove away.I came away with sense that this is nothing more than a prison camp for kids. Even parents cannot talk freely to their kids. Her father put her here. I do not believe there will be a breakthrough in these places without media exposure. And this is America 2008.
California
June 20, 2008, 6:04pm (report abuse)This bill is a good thing. I was unfortunately one of the many that was abused. It's taken years, and years for my experiences, and nightmares to fade. I say fade, because they will never fully leave my mind. Whenever I tell people the things I went through while in my programs, they are horrified. If you haven't personally been through it, or are close to someone who has, it's hard to really get why this bill is so important. And I want you to know I understand. I have never had chemotherapy treatment, so I can't imagine what that is like either. Hey, if you're one of the good programs out there(and there are good ones, but unfortunately really bad ones too!), then you've got nothing to worry about!
Joe
June 22, 2008, 2:35pm (report abuse)In your opinions, what needs to happen to help. Stopping abuse seems like a "no-brainer". For anyone not to want to, something seems very wrong! How does someone help?
How to Help
August 26, 2008, 2:48pm (report abuse)The ONLY way to stop the institutional abuse of our family members is to close these government institutions. We have to get back to the realizations that government officials are no more than we citizens...They are supposed to be our servants but they've become our masters; they've only done so because we've demanded it! We have charged them with, and given them the power to punish our neighbors because we know we have no rights to do so.
But we forget, or have never been taught that we cannot assign rights that we don't
possess. We, individually don't have a right to hold anyone captive and to subject them to torture to atone for a tort we believe they have committed against us, therefore we cannot by law pass on any unowned right to a government!
Unfortunately we cannot hope that these government entities will simply give back the powers we've granted to them, so the only solution is the one realized by citizens in 1775.
No fan of these schools
December 7, 2008, 7:23am (report abuse)Like Joyce my daughter was put in the Academy at Sisters by her father. I fought in the courts to get her out but these places will lie and turn the kids against the parent trying to protect them. They are cults. The staff is untrained, frequently are "survivors" of these programs who can't make it in the real world and they makes decisions about these kids that can impact their futures. The accreditation organization (NATSAP) is a joke-a paper tiger. They have standards these places agree to follow such as having a grievance procedure for the students and allowing a "diversity" of opinion but there are no consequences for non-compliance. It's amazing that more training and licensing is required for someone to cut my hair or do a manicure than is required for someone working with troubled youth.
Robert
December 8, 2008, 1:53pm (report abuse)Most of these institutions are lying at the core. Even some of you who have been helped dont know that the school lies for there own financial bennifit too. they lie about text deductions, and conflict of interest. Just because you are in the care of a treatment facility does not make it jail. You need to have the same rights as you would at home with your parents. I have been to the harshest of them all for 28 months and while it appeared it gave me short term help it only lead to worse demise and having to help myself all over again. These treatment facilities are extremely abusive and neglectful, and if you think different look at real success rates or if worse you'll find out on your own someday.
Robert
December 8, 2008, 1:55pm (report abuse)Joyce Myers! Your statement could not be more correct, you hit the nail on the head!