NCJ Number
98191
Journal
Children's Legal Rights Journal Volume: 5 Issue: 4 Dated: (Fall 1984) Pages: 8-19
Date Published
1984
Length
12 pages
Annotation
This article describes three court cases involving therapeutic institutions that have been accused of abusing juvenile residents.
Abstract
Some mental health services employ controversial treatment programs for disturbed children and adolescents that are not only punitive, but if the victims were adults, would also constitute violations of basic human rights. Additionally, laws or regulations that would protect these children are either not enforced or are nonexistent. Although there has not been one singly successful legal approach to dealing with controversial institutions and treatment methods, legal challenges are mounting. The plaintiff, an adult, in Fred Collins v. Straight, claiming in Federal court for relief from unlawful imprisonment, assault, and intentional infliction of emotional distress, received an award, now being appealed, on the sole ground of unlawful imprisonment. Most claims against drug rehabilitation centers such as Straight proceed under Federal civil rights laws, although cases exist under State law. A class action suit brought against a private facility, Provo Canyon School, required the Board of Education to regulate private facilities that receive funds under the Education for all Handicapped Children Act, thereby establishing some State control over private facilities where juveniles from the court are routinely placed. For example, an individualized educational plan must be designed for each child, with the public school district's participation. Finally, a Federal civil rights claim, brought by two residents, against the Bethesda Home for Girls, still in the courts, is arguing private conspiracy to abridge civil rights against the residential home. A total of 44 footnotes are listed.