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HEAL SPECIAL REPORT:

harbor oaks boarding school'S ENROLLMENT AGREEMENT REVIEW

"Place of Birth"

"Place of Birth"

"Social Security Number"

"Race"

"Referred by"

"Address"

HEAL includes the above to highlight that this program requires the place of birth and social security number of "students"/children entering the program.  It is only a mild concern as the purposes for requesting such information are not made explicit in the forms.

We recommend parents ask Harbor Oaks why they wish to know who referred them to the program and if referrers receive any kind of incentive or compensation for such referrals.  If so, this is a serious ethical concern and parents should investigate thoroughly to insure that they are not being scammed.

"FAMILY INFORMATION"

"Mother"

"DOB"

"SS#"

"Father"

"DOB"

"SS#"

"Stepmother"

"DOB"

"SS#"

"Stepfather"

"DOB"

"SS#"

"I, ___________, the legal guardian of the above captioned child, do herewith transfer temporary physical care, custody and control of _____________ to Harbor Oaks Boarding School residing at 41 Beauty Spot Cove Road, Mars Hill, North Carolina, 28754."

"This instrument authorized the Harbor Oaks Staff to obtain any medical, dental, psychological, or psychiatric treatment for ________________, as deemed necessary by professionals in that field and to enroll him/her in school."

"This custody agreement shall remain in effect until such time as this stipulation is suspended by order of a court of competent jurisdiction, or until this parties to this agreement feel that said custody arrangement is no longer in the best interest and welfare of my child."

"I, ______________, affix my signature to this authorization because I feel the intent of said authorization is in the best interest and welfare of my child."

"...Second Party agrees to place Child for a minimum of six (6) months in the Program."

The above portion of the agreement also included blanks where the tuition fees would be in the agreement.  HEAL is yet unable to confirm the current monthly rates of "tuition" at this program.

A six month minimum for "therapeutic" or "lockdown" services is excessive and goes against what is suggested by legitimate mental health professionals.  For alternatives to institutionalization and parenting tips, see www.heal-online.org/parent.htm.

"THIS AGREEMENT, made and entered into this _______day of __________, 20___, by and between Harbor Oaks Boarding School, a Nonprofit Corporation, engaged in the care and rehabilitation of minor children on a Christian basis in a Christ-centered boarding school (hereinafter called the "FACILITY" or "FIRST PARTY")."

"Second party voluntarily and unconditionally, without coercion or force, temporarily conveys the care, custody and control of said minor Child to the Facility, expressly appointing the Facility as lawful attorney for said Second party and in said Second Party's name, place and stead for and to serve in loco parentis (in place of Second Party) of said Child for his (her) care, custody/safety, education and training (both secular and religious) and for all other responsibilities, real or legal, including all necessities which the facility deems essential for said Child.  This grant of temporary custody and control shall commence upon signing of the Agreement by the last party hereto and shall terminate as hereinafter provided.  This agreement does not replace the parental custody or rights in any way."

"Harbor Oaks or its Facilities are not liable for the said Child's destruction of any property on or off campus.  Financial responsibility, if any, will be that of the Second Party."

"Harbor Oaks is not liable or responsible for said Child's personal property either being lost or destroyed, including items, which were left by said child upon exit of program."

"Second party agrees not to interfere with the temporary custody or management of said Child in any way and shall not encourage or permit anyone else to do so."

"Second Party further acknowledges that said Second Party understands that Second Party's cooperation with the facility, not only in the financial support but also in the personal participation in the Facility's program, is essential to the success of the attempt by both the Second Party and the Facility to rehabilitate said minor." (segment ends on page 5 of agreement)

The second, fifth, and sixth segments quoted above appear to contradict each other.  The program claims that they will not override parental authority in the second, but, then demand absolute support, cooperation, and obedience from parents.  Since these terms appear to be contradictory, it suggests unconscionability and/or an illusory contract/agreement.

It is a concern that in the fourth segment this program refuses to accept any responsibility for any harm they cause to the child or his/her property, while in the third segment the program is demanding the family accept responsibility for incidents that may be erroneously attributed to acts or omissions of children while under the supervision of the program who should take responsibility for their own inability to manage the children in their care.  This is a serious concern and suggests hypocrisy is the way of this program. 

"Visiting privileges and other Second Party/Child contact will be at the discretion of the Facility, and Second Party agrees to be bound by such decisions of the Facility."

"At least (30) days prior to the termination date, (six month anniversary), the Facility will set a time to meet with the Second Party to discuss either a renewal of the Agreement or discharge of said Child."

"(Child to sign in agreement with parent at time of Admission)"

"I, _________, have read the above mentioned agreement signed by my parent(s), legal guardian(s) or person(s) having legal custody of me and, by joining I with them, consent to all of the terms and conditions of the same."

It is a serious concern that this program denies contact between children and their families during any point of their treatment at the program.  This is a warning sign of an abusive facility.  Please see www.heal-online.org/warn.htm for important information and questions you should ask any program you consider for your family.

It is a concern that the program renews the contract at intervals of 6 months each time.  This is puts families in an awkward position and may lend itself to further exploitation of children and extortion of family resources.  It is a serious concern.

Children (minors) cannot be held to contracts and by having them sign a contract so that such can be used to convince them they have already waived their rights is unconscionable and is a serious concern for anyone who cares about children's welfare and rights.

"Visitation privileges will be granted based upon student's behavior and level privileges.  Parent agrees to abide by visitation policies."

"PHONE CALLS may be made to the student weekly (as agreed upon by the parent and house parent for a convenient time schedule).  This will be in accordance with the Level status.  Level three students have more phone privileges than Level one and two students.  All phone calls will be two-way monitored by the Staff.  Any agreed changes to this must be annotated in an Amendment to Contract with signature from Second Party and Representative of Facility."

"MAIL - Incoming and outgoing mail will be read by Staff prior to distribution to/from students.  Parents will provide an authorized mailing list to Harbor Oaks no later than two weeks after placement.  Any agreed changes to this must be annotated in an Amendment to Contract with signatures from Second Party and Representative of Facility."

It is a serious concern that all phone calls are monitored by staff.  This reduces the opportunity for children to honestly report mistreatment, abuse, or other violations to their families or proper authorities.  Programs that control children to this extent are doing a disservice to the children and their families.  It is a serious concern and indicative of an abusive program.

It is also a serious concern that this program admits to violating the law and the legal rights of minors in the program by reading all incoming and outgoing mail.  This is a violation of the law.  This was decided in the case of Milonas and Rice v. Provo Canyon School.  A program that openly admits to one legal violation likely commits many others.  It is recommended that families do not enroll children in programs that openly violate the rights of children or other child abuse/welfare laws.

"Parent(s)/Guardian(s) and student hereby agrees to legal Christian arbitration in a legal disagreement with the Facility or its employees, volunteers, representatives, and agents.  A legal Christian arbitrator to be determined by mutual agreement of the parties will conduct such legal Christian arbitration."

"(I or We), authorize members of the Facility's accrediting organization, to review my child's __________, records as part of the annual accreditation requirement of the state of North Carolina."

It is also a concern that this program suggests it is accredited by the state of North Carolina when HEAL can find no evidence that this program is registered or licensed with any North Carolina agency.  At best, it suggests deception in advertising.

"Media Authorization"

"I hereby give further authorization for my Child to be:"

"Photographed or Video taped for training, publishing and video productions"

"Publish personal story and photographs of the Child"

"Allow interviews by television, newspaper and radio media"

"List an issues, which led you to the decision to place your child in a residential care facility:"

"Does your child have any tattoos or body piercing?"

We included the question regarding tattoos or body piercing because many cult-like programs will not accept children who have expressed themselves to the point of tattoos and body-piercings.  This is a concern because it shows an inability to accept all children and work with children to understand the children's points of view.  And, that is necessary, if a true and lasting positive change is going to be achieved for the individual children and their families.

Based on this review, we believe Harbor Oaks Boarding School/Wolf Creek Academy ought to be avoided.