Holding Youth Treatment Centers Accountable
Utah is home to a large number of youth residential treatment centers, often marketed as ‘safe havens’ for troubled teens facing mental health, behavioral, or substance abuse issues. However, many of these facilities have faced allegations of horrific abuse, including physical, emotional, and sexual misconduct. At Mortensen & Milne, we are committed to exposing these abuses and advocating for justice on behalf of survivors and their families.
The Troubled Teen Industry in Utah
Youth treatment centers in Utah fall under the purview of the Utah Department of Health and Human Services (DHHS). Programs are designed to assist adolescents in overcoming challenges, but too often, they become environments of harm rather than healing.
The abuse suffered in some of these facilities is unconscionable. Survivors frequently describe:
Physical abuse: Restraint techniques that cause injury, forced manual labor, and punitive physical punishments.
Emotional abuse: Verbal degradation, isolation from family, and threats of prolonged stays if compliance is not met.
Sexual abuse: Staff exploiting their authority to prey on vulnerable children. Reports include inappropriate touching, sexual assault, and systemic cover-ups.
One high-profile example is Provo Canyon School, which has faced multiple lawsuits and investigations for abuse dating back decades. The accounts of mistreatment at this facility, and others like it, are not isolated incidents but rather systemic issues that require legal and legislative intervention. As attorneys, we recognize that these centers thrive on a system of inadequate oversight and legal loopholes that prioritize profit over the safety of children. While Utah has passed legislation aimed at increased accountability, enforcement remains a significant challenge.
Child Abuse Laws in Utah
Under Utah law, child abuse encompasses a wide range of actions that harm or endanger a minor. The state’s legal code, specifically Utah Code § 76-5-109, defines child abuse as any act or failure to act that results in:
Physical injury caused by non-accidental harm, including bruises, fractures, burns, or other forms of bodily harm.
Sexual exploitation or abuse, such as inappropriate touching, sexual assault, or coercing a child into sexual acts.
Emotional abuse that severely impairs the child’s mental or emotional health.
The law categorizes child abuse as either a misdemeanor or a felony, depending on the severity of the offense and the harm caused. Aggravated offenses, such as those involving severe injury or sexual abuse, are prosecuted as felonies with significant penalties, including imprisonment. For sexual abuse specifically, Utah Code § 76-5-404.1 governs offenses like sexual abuse of a child, which includes any intentional touching of a child’s intimate parts or the clothing covering them for sexual gratification.
Utah has enacted several legal protections to support survivors of child abuse:
Extended Statute of Limitations:
For felony sexual offenses involving minors, charges must be filed within 10 years after the victim turns 18 (Utah Code § 76-1-301.1). This recognizes that survivors of childhood abuse often take years to process their trauma and come forward.
Civil claims for child sexual abuse can sometimes be brought even after this period, depending on the circumstances and whether the abuse occurred within a private or institutional setting.
Confidentiality Protections:
Survivors of sexual abuse, particularly minors, are afforded privacy protections under Utah law. Court proceedings and records involving minors are often sealed to protect their identity and prevent further harm.Restorative Justice Measures:
Utah allows for restitution to be paid to survivors as part of sentencing in abuse cases. This financial compensation aims to cover the costs of therapy, medical treatment, and other damages resulting from the abuse.
Key Reforms in 2021: Overhauling Utah’s Troubled Teen Industry
The year 2021 marked a significant turning point in Utah’s approach to regulating youth residential treatment centers, often referred to as the “troubled teen industry.” These reforms were driven by years of public outcry, survivor testimonies, and increasing scrutiny of systemic abuse in these facilities.
The catalyst for change came as high-profile survivors, such as celebrity Paris Hilton, publicly shared their harrowing experiences at facilities like Provo Canyon School. Their accounts, combined with investigative reporting and lawsuits, exposed a pattern of abuse, neglect, and lack of accountability within the industry.
In response, Utah lawmakers passed SB127, also known as the Youth Residential Treatment Programs Amendments, which introduced sweeping reforms to improve oversight, enhance protections for youth, and hold facilities accountable for misconduct.
What SB127 Changed
Ban on Dangerous Restraints and Seclusion Practices
Prior to 2021, youth treatment centers frequently used physical restraints and seclusion as punitive measures or methods of control. These practices often caused physical injuries and severe psychological trauma. SB127 banned certain types of restraints, such as those restricting breathing or circulation, and severely limited the use of seclusion. Seclusion is now allowed only when a child poses an imminent danger to themselves or others, and it must be closely monitored.
Enhanced Reporting Requirements
Facilities are now required to report all incidents of abuse, neglect, or injuries to the Utah Department of Health and Human Services (DHHS) within 24 hours.
Failure to report incidents can result in penalties, including fines and potential revocation of a facility’s license.
Limitations on Overmedication
A recurring issue in many Utah facilities was the overuse of psychiatric medications to sedate children. Survivors have described being given medications without consent or explanation, leaving them in a constant state of sedation.
SB127 requires that facilities obtain proper consent for administering medication and mandates regular reviews to ensure medications are being used appropriately.
Transparency Measures
Facilities must disclose their policies and practices to parents and guardians before admission. This includes outlining the use of restraints, seclusion, and medication, as well as providing a clear grievance process for complaints.
Inspection reports and records of abuse allegations are now more accessible to the public, ensuring greater accountability.
Increased Oversight and Random Inspections
SB127 authorized random, unannounced inspections by state regulators to ensure compliance with the law. These inspections are intended to prevent facilities from masking abusive practices or preparing for pre-scheduled evaluations.
Stronger Penalties for Noncompliance
Facilities that fail to meet the new standards face harsher consequences, including significant fines and the risk of being shut down. Previously, penalties for violations were minimal, allowing many centers to continue operating despite repeated infractions.
Empowering Survivors
At Mortensen & Milne, we are dedicated to seeking justice for survivors of abuse in youth treatment centers across Utah. Our firm has been involved in several significant legal cases, including:
Diamond Ranch Academy: We represent the family of 17-year-old Taylor Goodridge, who tragically passed away due to alleged medical neglect at this facility. Our lawsuit contends that staff ignored Taylor's deteriorating health, leading to her untimely death.
Elevations RTC: We advocate for Finn Pool, an 18-year-old who has filed a lawsuit alleging neglect and abuse at this treatment center. Finn's case highlights systemic issues within the facility, including prioritizing financial concerns over patient well-being.
Through these cases, we aim to hold these institutions accountable, secure justice for the victims and their families, and drive systemic change within the troubled teen industry.
If you or someone you love has been harmed in a Utah youth treatment center, we encourage you to seek legal advice. Survivors deserve justice, and families deserve answers. At Mortensen & Milne, we are here to listen, advocate, and fight on your behalf.
For more information, or to schedule a consultation, contact us today. Together, we can bring light to the darkness of these abuses and work to ensure they never happen again.
