“The Special Rapporteur wishes to recall that, from a human rights perspective, drug dependence should be treated like any other health care condition. Consequently, he would like to reiterate that denial of medical treatment and/or absence of access to medical care in custodial situations may constitute cruel, inhuman or degrading treatment or punishment and is therefore prohibited under international human rights law. Equally, subjecting persons to treatment or testing without their consent may constitute a violation of the right to physical integrity. He would also like to stress that, in this regard, States have a positive obligation to ensure the same access to prevention and treatment in places of detention as outside.”
— Manfred Nowak

Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment

(Geneva, January 14, 2009)

• Research has uncovered, and families have reported, that these teen residential treatment centers have continued to have problems of abuse.

• There are laws within the US that specifically exempt Faith-based facilities from governmental regulation and oversight while funding them with tax payer dollars.

• There are no laws to protect children and young persons in facilities outside the U.S.A., and the number of abusive residential facilities worldwide is growing at an alarming rate.

• Children and young persons have been abused physically, emotionally, psychologically and sexually.   There is little recourse to have accused abusers investigated, prosecuted or punished.

• Many facilities are not licensed and there is no oversight.

• Children often lose their most basic human rights.

• Many do not have privacy to use the restroom or shower.

• Contact with the outside world is curtailed, censored and monitored – often only phone calls with parents allowed.  But even contact with family is only permitted 3-6 months after the child was admitted, and only if certain conditions are met.

• Many young people have spent months in isolation.

• Forced conversion to a religious ideology and belief system often occurs.

• There have been instances of torture and mistreatment that would meet the international standard set by the United Nations Convention on Torture.

• The abuse inflicts lifelong psychological scars on the victims.  Proper mental health care and therapy is difficult or impossible to obtain given the governmental authority which facilitates and protects these private residential treatment centers.

• There has been neglect of young persons’ medical care, sometimes leading to death.

• When abuse has led to death, such deaths are not always investigated as homicides and sometimes are not investigated at all. This results in a lack of access for these crime victims to the criminal justice system.

• Victims/Survivors and their families are denied recourse through the court system by forcing them to sign legal documents prior to admission that remove their basic right to due process in the civil court system.

• Peer pressure within a closed religious network forces family and friends to hide abuse.

A recent report by the US Congress revealed that there are significant problems in the “teen rehabilitation” industry, including a general lack of oversight and accountability. In 2009 there were Capitol Hill briefings related to abuse of teens in facilities run by WWASPS and other programs. ^[i] The US House, led by Congressman George Miller, conducted investigations by the Government Accountability Office (GAO) during the 110th Congress (2008).  These uncovered thousands of cases alleging child abuse and neglect since the early 1990’s at teen residential programs. Further, the investigation revealed that currently these programs are governed only by a weak patchwork of state and federal standards. A separate GAO report, ^[ii]  conducted at the committee’s request, found major gaps in the licensing and oversight of residential programs, including some programs not covered by any state licensing standards. GAO concluded that, without adequate oversight, “the well-being and civil rights of youth in some facilities will remain at risk.” State-reported data to the National Child Abuse and Neglect Data System in 2005 found that 34 states in the United States of America (USA) reported 1503 incidents of youth maltreatment by residential facility staff. Of the states surveyed by GAO, 28 reported at least one youth fatality in a residential facility in 2006. GAO concluded that both of these statistics understate the incidents of maltreatment and death. They emphasized that many facilities are outside the scope of this limited study and many still remain unregulated and uninspected. ^{[iii] [iv]  [v] [vi] [vii]}

In 1971, the US Senate Judiciary Committee convened a sub-committee on constitutional rights under Senator Sam Ervin to investigate government's role in behavior modification. Senator Ervin's 650-page report was published in November 1974 under the title “Individual Rights and the Federal Role in Behavior Modification.” ^[viii]  

The US Congress previously examined problems in The SEED ^{[ix] [x] [xi]}  and then in later residential treatment programs. These later substance abuse treatment programs were modeled on the Synanon program, ^{[xii] [xiii] [xiv] [xv] [xvi] [xvii]} the SEED and Straight Inc.  Each time, the offending substance abuse treatment program was shut down.  However, new programs rapidly emerged with new legal identities to start the same kind of operation.  There are now even more programs reported to be abusive, despite numerous local, state and federal investigations.  Those who have been victimized in one of these facilities are frustrated and dismayed to realize that not even several US Congressional investigations can prevent the recurrence of the same kind of abuse.  Although Straight Inc. programs were closed, the governing principles remain a model for drug rehabilitation. It is a national disgrace that the abuse of children in residential centers has not stopped. Rather, governmental sanction hides its true nature from law enforcement and regulators. ^[xviii] Abusive teen rehabilitation centers are now more numerous and the industry remains unregulated by state or federal law.

Hon. George Miller, Chair of the Committee on Education and Labor in the U.S. House of Representatives initiated the legislation, Stop Child Abuse in Residential Programs for Teens Act of 2009 H.R. 911 (formerly H.R. 6358, H.R. 5876).  U.S. Representative Miller had received a shocking report from the Government Accountability Office (GAO) regarding abusive and neglectful treatment of children in residential programs.[xix]  The report also contained information about fraudulent practices of these institutions. Subsequent investigations and GAO reports indicate that there is a widespread problem of abuse in the residential treatment industry which has flourished due to a lack of government regulation, inspection and accountability. [xx] [xxi] [xxii]  [xxiii]

There was very disturbing testimony provided to the US Congress about the pervasiveness of the abuse and the failure to curb it by Health and Human Services or the Department of Justice. [xxiv]  Video tapes of those testimonies can be seen here. [xxv]   After much discussion and deliberation The House of Representatives approved legislation to Stop Child Abuse in Teen Residential Programs.  The bill was intended to ensure that parents have information they need to keep their children safe.[xxvi] [xxvii] [xxviii]  [xxix] [xxx]  

The U.S. Senate has not moved to act on the bill or to draft suitable legislation to stop further abusive practices in the teen residential treatment industry.

“We believe that the United States of America must be an example of moral leadership and integrity for the world community.  We cannot, as a nation, be that example if we fail to protect our own children or those for whom we accept responsibility. Incidents in many of these teen residential treatment facilities have gravely compromised America’s moral authority. We ask that the United States of America, its legislative bodies, its courts, and its executive branch, not only articulate the moral and ethical values that made the U.S.A. a world leader in human rights, but act decisively and proactively to protect human rights standards. We ask that our nation’s leaders create and enforce more effective legal policies for protection of the vulnerable. We must, as a nation, take proper action so as to 1) prevent the use of cruel and degrading treatment and torture, 2) embrace and advance standards of international human rights law, and 3) honor the dignity of all human persons.  We also request public acknowledgement of the terrible wrongs done to these innocent victims of abuse. We ask that a viable legal pathway be established for reparation and redress. We respectfully request U.S. President Barack Obama to provide leadership for our nation that honors the ethical and moral values embodied in our Bill of Rights, the U.S. Constitution and its Amendments. These principles respect and honor the human rights of all.” 

Dr. Janet Parker DVM

Medical Whistleblower Advocacy Network