Reps. Miller, McCarthy Introduce Legislation to Stop Child Abuse in Teen Residential Programs
Witnesses Tell Education Committee of Cases of Abuse, Deceptive Marketing by Programs Nationwide

Thursday, April 24, 2008

WASHINGTON, DC -- Teenagers attending private residential programs would gain new protections against physical, mental, and sexual abuse under legislation announced today by U.S. Reps. George Miller (D-CA) and Carolyn McCarthy (D-NY). An unknown number of private programs continue to operate free of government oversight.

“There is a nationwide epidemic of abuse and neglect of children at privately-run residential programs,” said Miller, chairman of the House Education and Labor Committee. “In too many cases, we have seen this abuse and neglect lead to the most horrific outcomes imaginable: the deaths of children at the hands of the very people entrusted with their care. We have an obligation to keep kids safe no matter what setting they are in.”

“When parents send their kids to privately-run residential treatment facilities, they deserve to know that – at a bare minimum – these programs will be held accountable for their children’s safety and well-being,” said McCarthy, chairwoman of the House Subcommittee on Healthy Families and Communities. “It is absolutely critical that we make sure that children are kept safe when attending these privately operated facilities and that families are protected from any misleading marketing schemes programs use to draw them in.”

The lawmakers announced the legislation on the same day that they heard testimony from investigators with the Government Accountability Office about the deceptive marketing practices and other shady schemes that many teen residential programs use to lure vulnerable parents desperate to find help for their children.

Through undercover work, the GAO investigators found programs that counseled parents their services would be covered by health insurance when, in fact, they likely are not covered; programs that said they offered transferable education credits when, in fact, they did not; and programs that said they were subject to independent inspections when, in fact, they are not. The GAO recorded the false assertions on audiotape.

The GAO investigators also presented details of eight cases of child abuse and neglect at teen residential programs, including four resulting in death. Two of the programs where deaths occurred continue to operate today. The committee also heard testimony from two individuals who experienced abuse when they attended residential programs as teenagers.

The Miller-McCarthy legislation (H.R. 5876) would require the U.S. Department of Health and Human Services to establish minimum health and safety standards for private residential programs for teens. It would require HHS to inspect all programs around the country at least once every two years and to issue penalties against programs that violate the standards.

Among other things, the legislation would create a toll-free national hotline for individuals to report cases of abuse. It would require programs to provide children with adequate food, water, medical care, and rest. And to create transparency to help parents make safe choices for their children, it would require, among other things, that programs inform parents of their staff members’ qualifications, roles, and responsibilities.

It is estimated that tens of thousands of U.S. teenagers attend residential programs, including therapeutic boarding schools, wilderness camps, boot camps, and behavior modification facilities. Parents send their children to the programs in hopes of addressing their kids’ behavioral problems, such as substance abuse, as well as mental illnesses.

For more information on the Miller-McCarthy legislation, click here.

For more information on today’s hearing, click here.

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