In 2007, the U.S. Government Accountability Office published the results of a comprehensive study investigating the underlying causes of abuse in residential treatment facilities. According to the GAO, there was “significant evidence of ineffective management” in most cases it studied “with program leaders neglecting the needs of program participants and staff. This ineffective management compounded the negative consequences of (and sometimes directly resulted in) the hiring of untrained staff; a lack of adequate nourishment; and reckless or negligent operating practices, including a lack of adequate equipment. These factors played a significant role in the deaths GAO examined.”

Consistent with the GAO’s findings, most abuse cases in residential treatment facilities are the result of the facility’s failure to follow 3 common sense safety rules - which state a residential treatment facility must:

1. Hire qualified staff;
2. Train its staff; and
3. Supervise its staff.

These basic but important safety rules are the front-line defense in preventing abuse and harm to our children.

Residential treatment facilities must hire qualified employees to prevent harm to children.

Residential treatment facilities must conduct regular background checks to verify whether the employee has a criminal history. Background checks should be conducted annually to ensure the employee is continuing to abide by the law and has not demonstrated a propensity for violence, sexual misconduct, or abusing alcohol or illegal drugs.  Beyond the background check, residential treatment facilities should call the prospective employee’s past employers and references. The facility should be especially aware of red flags commonly associated with sexual predators who often seek employment at these facilities. Such red flags include sporadic employment history, living in different states, volunteering for youth groups in which he/she does not have a child, etc.

Residential facilities should also seek employees who have experience working with troubled teens provided the employees’ history and credential have been verified the employee’s former employer. Too often, residential treatment facilities seek to maximize their profits by employing an inexperienced individual (without a significant employment history to investigate) simply because the individual will accept working for a lower wage. Such hiring practices opens the flood gates for predators and places our troubled youth at risk.

Residential treatment facilities must train employees to prevent harm to children.

Residential treatment facilities are required to train staff members on it policies and procedures to protect the children they serve. Such training should include:

• When physically restraining a student is necessary and the proper methods of doing so to prevent physical injury to the child,
• Proper boundaries between staff members and students - including the prohibition of any student and staff member being left alone together,
• Protocols establishing how students and staff members should communicate and interact with one another,
• Protocols for medication administration,
• Identifying and reporting any forms of abuse by a staff member or student
• Protocols for handling reports of abuse

Residential treatment facilities must supervise employees to prevent harm to children.

Training employees on proper protocols and procedures is a useless endeavor if the residential treatment facility does not supervise its employees to ensure its policies and procedures are being followed.  For instance, having a policy prohibiting one on one staff interaction with a student is merely lip service and does nothing to protect our children if the facility allows one on one interactions to occur without consequence.

The same holds true when a facility does not have standards in place to review employee conduct and fails to discipline employees who violate safety policies. When a facility turns a blind eye to employee misconduct, it is ratifying the misconduct. Thus, the residential treatment facility is responsible for any harm the employee perpetrates on an innocent child.

At Carlson Injury Law, we specialize in holding residential treatment facilities accountable for betraying the trust of parents and allowing children under their watch to be abused.

If abuse is suspected, Utah requires that the suspected abuse be immediately reported to the “nearest peace officer, law enforcement agency, or office of the division.” Utah Code Ann. §62A-4a-403.  By law, your identity will be kept confidential if you desire it to be. Though the law only requires that you report the suspected abuse to a law enforcement agency or to the Department of Child and Family Services, we strongly recommend that you report the abuse to both agencies to ensure swift action is taken to protect your child.

An experienced lawyer at Carlson Injury Law can assist you in making sure appropriate action is taken by these agencies to protect your child. 

It is imperative that you document the signs of the abuse. Being very specific in your statements and reporting can make all of the difference. This will also be very helpful for your attorney if legal action is necessary. These documentations include:

• Writing down the descriptions of the injuries and the suspicious events (dates and times are important!)
• Writing down interactions with staff members (including date, time, staff member name)
• Written statements from any witnesses who saw/suspects the abuse
• Taking pictures of your child’s injuries
• Noting any changes in the child’s behavior (including when the changes began)

You should never feel like you are overreacting when you see signs of abuse. It is better to report possible abuse and it turn out to be nothing than to have to deal with a tragic ending.

If there is any suspicion your child has been abused, you should immediately remove your child from the facility.  At Carlson Injury Law, we have a developed strong understanding of what to look for in a therapeutic facility to ensure your child is being placed at the safest facility possible. Please contact Carlson Injury Law today at (801)845-4577 to receive a free parent guide listing the red flags you should be aware of before placing your child in a residential treatment facility.

You should see immediate medical treatment for your child if abuse is suspected.  A doctor’s examination will hep identify any signs of physical abuse and can run appropriate tests, including blood work to ensure your child has contracted any sexually transmitted diseases if he or she was sexually abused. Additionally, your child should be seen by a mental health professional who can identify the emotional trauma your child sustained and recommend the best course of treatment. From years of experience handling abuse cases, Carlson Injury Law has built a strong network of leading medical experts.  Please feel free to contact us today at (801)845-4577 for guidance on seeking medical treatment for your child.