marg wrote:Jersey Girl please answer my questions, what constitutes abuse legally in these places? I've been to the Utah DHS site and I see nothing which specifies what is considered abuse in them. I listed some examples and asked you whether they would constitute as abuse, since you claim knowledge in this area.
Yes, I sure as hell claim knowledge in this area. Want to see how complex this really is?
1. You need to look up the rules and regulations for the operation of programs that Westridge is licensed for. truthdancer posted the specific licensure for Westridge. The standards which are likely minimum standards are what the facility is held to by DHS in order to remain "in compliance". You'll have to search for it because I'm working right now.
2. You need to look up the state statutes that define child abuse and neglect. Liz put up the state statute that applies to mandated reporters. You need to sift through Utah state statutes until you locate the section that deals with child abuse and neglect.
3. You need to look up the health department regulations that apply to the specific type of program and figure out what allegations fall under health department reg's.
4. You need to look up each accreditation organization and examine the criteria for each specific accreditation process. In other words, what criteria must be met or percentage of criteria must be met and figure out what allegations if any, violate the accreditation criteria.
5. You need to find out of the ranch receives any type of federal funding. For example, the Department of Health and Human Servies, USDA Food Program subsidies. What food subsidies might bear on the amount of other types of program funding the school may receive. Are any of the students in IEP's? Are the requirements of the IEP's being met? You need to find out if the ranch has been reported to the GAO for violations in the same way that other types of programs have been reported and investigated by the GAO. (Government Accounting Office) You can look for GAO investigation outcomes on these types of programs online. It's all there.
6. You need to find out about the credentialing of the therapists and health care workers there. What credentialing criteria are they held to? What constitutes violation of said credentialing criteria.
I'm not fully done and it's not well organized, but that comes as close as I'm going to get right now. What Eric needs isn't a lawyer. What Eric needs is a current and active report of abuse and/or neglect. You turn it in to DHS or Law Enforcement and they do the rest. In some form or another, from state to state, that's how it works.
No program that is licensed and accredited is an island, marg. Every single one of those organizations and agencies has the ability to do unannounced visits and inspections. Including DHS, Health Deparment, and every accreditation organization that I listed on this thread. Licensing inspects based on reports of violations, re-licensing when facilities change (for example it will re-inspect when they add a building or other structure or when they change buildings) prior to renewal of the license, say, every three years. There are a zillion ways to go with this, marg. A zillion things to take into consideration. I tried to briefly and quickly list some of them above.
What other people not just Eric are interested in doing is raising awareness and having pressure put on U.S. Gov't to improve legislation which would increase child protection in these facilities as it currently stand. There is no point in reporting abuse which is what you want Eric to do for others, if it is not considered illegal.
Raising awareness of what? Kids being made to read the Book of Mormon?
Did I see a comment by you something about kids not being able to make phone calls when the parents contracted for it?
That's the parents place to question that.
You need to sort out where the responsiblity lies in each and every instance of alleged abuse and/or neglect.
Phone calls contracted for and the kid doesn't call? That's on the parents to deal with.
Kid being made to read the Book of Mormon? Parents already know it.
Kid not being allowed to read any other books? Is Westridge an accredited school? Are you saying the kids aren't allowed to read their own text books? Are you saying that high schooler's housed in a program that is accredited six ways till Sunday, aren't receiving literacy education?
Or are you saying that they can't read a magazine or a personal book of poetry or something? Guess what, no one cares. It isn't essential to their education and well being.
You need to isolate every single allegation and sift through it. Some of this stuff is likely within the parameters of state rules and regs and it's simply up to the parents to investigate and stick their own nose into it.
I could go on and on and on. But thankfully and mercifully, I have to work.
Later.