heritage schools, inc.
provo, ut
Staff List,
Background, and Survivor Statement(s)
HEAL SPECIAL REPORT:
heritage schools'
ENROLLMENT AGREEMENT REVIEW |
HEAL has found
multiple problems with Heritage Schools, Inc.'s
(Heritage/Heritage's) enrollment
agreement including apparent unconscionable terms and
contradictory terms leaving us to believe that Heritage is running a money-making scam on families in need of
assistance. We will be alternating between purple
background and/or words for HEAL critiques and questions and
a light pink with red words
for the words of Heritage Schools, Inc. in their
enrollment agreement
(as was retrieved from heritagertc.org on October 8th, 2010).
(Included in this review are the
Data Sheet
and
Application.) HEAL will not repeatedly
link to the enrollment agreement in full throughout this review,
and, we advise readers to scroll back and/or open the enrollment
agreement in a new window while reviewing our work for accuracy
or if additional contextualization is preferred. This is
an independent review and if you are in need of legal assistance
or advice, please
consult with an attorney. |
DATA SHEET (page
1)
"Heritage is a non-profit...for adolescents ages 12 to 18..."
"Average length of
stay is 14 months. Minimum length of stay is six months."
"Heritage typically
works with clients who are experiencing one or more of the
following: ....Psychotic Disorders, Conduct Disorder,
Oppositional Defiant Disorder, Aspergers, Learning Disorders,
Identity Disorder...and Conduct Disorder." |
Heritage claims to operate as a non-profit. However, HEAL
has been unable to ascertain any financial data on this program
and therefore believes it should be investigated to insure
legitimacy of practices and procedures.
We have included the
age range and average length/minimum length of stay for
information purposes only. We may refer back to the above
information. It is a concern that a child would spend 14
months on average in such an environment.
HEAL would like
parents to make note that this program claims to treat children
with psychotic disorders and to use potent anti-psychotic drugs
on children in their care. In many programs,
anti-psychotic medications are misused on non-psychotic
individuals and this may be a point of concern for families
considering Heritage.
In addition, the
program mentions conduct disorder twice and attempts to treat
children with Aspergers, who typically need a very set limit of
unexpected stimuli to remain functional, in a shared environment
with psychotics who, by the very nature of their diagnoses, are
prone to unlimited and unexpected outbursts. At best, it
shows irresponsibility on the part of the program in housing
children with such diverse needs in closed quarters. This
is a concern. |
DATA SHEET (page 2)
"The on-campus
education program..."
"Joint Commission
of Healthcare Organizations (JCAHO)"
"Our educational
program is accredited by the Northwest Association of Schools
and Colleges, and earned credits are transferable to other
schools and colleges."
"Heritage holds
memberships in and/or affiliates with various local and national
organizations."
"Heritage
networks with private practitioners, educational consultants,
agencies, and other treatment programs to arrange for
appropriate after-care and continuity of treatment."
"Fostering
spiritual growth is a keystone in the Heritage system. The
Spirituality Program is a voluntary program which involves the
youth, our chaplain, and a mentor." |
The school and
program are all on-site. This reduces the opportunity for
children to report abuse by isolating them to a locked/"secured"
environment. This is a concern.
The Joint Commission
accredits this program. The issue is that the
Joint
Commission itself has been under repeat fire by Congress for
failure to protect patient's rights and patient's safety
standards. This is a serious concern.
The Northwest
Association of Schools and Colleges no longer exists. It
has split into two separate, but, related organizations.
If Heritage is still accredited, it would be accredited through
the
Northwest Association of Accredited Schools. In our
research, we have found that the
Northwest Association of Accredited Schools is a fraud/scam.
In fact, the "accrediting" agency has changed names again to
distance itself from all the bad press and is now called the
Northwest Accreditation Commission. It is currently
unconfirmed, but, it appears that the Northwest Association of
Accredited Schools and other agencies are no longer operating
and/or are under investigation.
Heritage's
associations and/or affiliations include NATSAP (bumblers and
frauds as revealed in the
Congressional Hearings) and the
IECA. In
addition, survivors of this program have reported to HEAL that
Heritage receives from and sends children or threatens to send
children to
Provo Canyon School. This is a serious concern.
Heritage should specify and list all programs with whom they do
business and/or "network".
It is a concern
that many of the programs, especially in Utah, try to use
behavior modification to "convert" children to the religion of
choice of the facility. Often, this is a perversion of
Mormonism. And, this is a serious concern. Any
program that claims spiritual growth is a "keystone" of their
program is likely "faith-based" and attempting to convert all
children held at the facility to the owner's belief system.
This is unethical and a serious concern. |
DATA SHEET (page 5)
"FREQUENTLY ASKED
QUESTIONS"
"It is the policy of
Heritage Schools, Inc. that the adolescent has no outside
contact for the first two weeks following admission. The
therapist will then set up a regular weekly calling time for the
adolescent and the parents. The therapist and adolescent
will also call every other week for a family therapy session."
"Only radios are
allowed. Any clock radio that also includes a CD or tape
players will be returned to the parents/legal guardians." |
It is a warning sign
of an abusive program to bar contact during any period of the
child's stay. Please see
www.heal-online.org/warn.htm for additional warning signs
and questions you should ask any program you consider for your
family. It
is a mild concern that children are not allowed their own choice
in music with expected limitations on obscenity/vulgarity.
|
DATA SHEET (page
6)
"CLOTHING & PROPERTY GUIDELINES"
"Adolescents are not
allowed to wear dark clothing."
"Any identification
cards will be confiscated. Heritage provides ID for
traveling."
"UNACCEPTABLE
PROPERTY (This list is not all inclusive and is subject to
change without warning. These items will be sent back to
parents/legal guardians or destroyed): ....black pens....tea;
seeds w/shells....gum (blow pops included)...novels, calendars
(nothing pornographic or written by Stephen King, Dean Koontz,
Cromwell, etc.)...fingernail clippers,
Q-tips....bandanas...sports (pro/college) emblems...nothing with
rainbow logos (including jewelry)..." |
Dark clothing should
be permitted for children in mourning or who are menstruating.
This is a ridiculous rule and therefore a concern.
It is a concern that
children will not have access to their identification cards.
HEAL recommends parents and/or teens keep the identification
cards at home to insure they are not misused, mishandled, nor
misplaced.
Most of the
"unacceptable property" list is a bit ridiculous. Stephen
King and Dean Koontz should look into filing suit against
Heritage for interference with a prospective business interest
in preventing adolescents or their parents from
purchasing/reading their work. Again, this is not legal
advice and if you need legal advice,
consult an
attorney. |
DATA SHEET (page 7)
"Male adolescents
are not allowed to have their heads shaved, wear their hair in a
ponytail, have their hair longer than two inches past the
hairline in the back or past the middle of the ear on the sides,
or have hair hanging over their eyes in the front.
Hairstyles of male and female adolescents may not draw undue
attention to the adolescent." |
The primary concern
here is that individual style is not allowed or permitted and
the guidelines are extremely strict and considerably racist.
Many American Indian tribes and other ethnic groups wear long
hair as part of their faith and culture. It is a serious
concern that Heritage does not promote diversity and acceptance
of individual beliefs and styles. |
DATA SHEET (page 8)
"CONTRABAND AND
LOCK-UP DESIGNATIONS"
"This contraband
list is not inclusive. Contraband is any item deemed
inappropriate, suggestive, dangerous or poses any type of risk
to other clients or staff at any time by the Safety Officer or
Campus Supervisor." |
The "contraband
list" is extensive and ever-growing based on the whims of
Heritage staff. This is a concern as changes without
warning that result in the destruction of personal property is
disrespectful and leads to an unstable environment and chaos.
In addition, the "contraband list" includes items that would be
unreasonable to list as "contraband" and these are additional
concerns as it shows the unreasonable practices in place at this
program from their own admission. |
DATA SHEET (page
9)
"MEDICATION PROCESS"
"The Psychiatrist is
the only one who prescribes medications for psychiatric
diagnosis while at Heritage. On occasion our Family Nurse
Practitioner may write an order, but this will occur only when
there has been a conference between the Psychiatrist and the FNP." |
It is a serious
concern that Heritage contradicts itself by stating that the
Psychiatrist is solely charged with and able to prescribe
medications for children at the facility and then stating that
the Nurse may write an order. Parents should investigate
what the procedure is for approval and what exactly Heritage
means by a "conference". For instance, does Heritage mean
by conference a meeting before or after each order written by
the nurse? Or, is this "conference" something that is a
training meeting only held once with the psychiatrist on a
scheduled basis or irregular basis? Psychiatric
medications are not over-the-counter for a reason and have
serious side effects that include lifelong disease, disability,
and/or death. This is a serious concern. |
DATA SHEET (pages 12
& 13)
"MEDICATIONS USED AT HERITAGE WITH THEIR SIDE EFFECTS"
"The list of side
effects is not all-inclusive."
"SEROQUEL"
"Haldol"
"Thorazine"
"Mellaril"
"We most often
use them to help our clients think more clearly and logically
and to stabilize mood."
"TRILEPTAL,
TEGRETOL, TOPAMAX, NEUROTIN, DEPAKOTE"
"LEXAPRO" |
HEAL has not
included all of the "medications" listed by Heritage. But,
we have included in the above most of the drugs that are a
serious concern and include serious risks to the health of
children and adults.
Seroquel,
Haldol,
Thorazine, and
Mellaril
are not used to assist individuals in thinking more clearly.
In fact, these drugs are typically used to sedate patients who
are experiencing psychotic episodes. So, at best, Heritage
is being accurate in stating it is used to stabilize mood.
But, even this suggests an understatement and that Heritage
misuses anti-psychotics. This is a serious concern.
Trileptal,
Tegretol,
Topamax,
Neurotin, and
Depakote
all have severe side effects and children should not be given a
drug cocktail that is life-threatening and potentially deadly.
Trileptal is approved to treat seizures only. If it is
used on your child for another "off-label" purpose at Heritage,
this is a serious concern and the authorities/FDA should be
notified immediately. Tegretol was found to double
suicidal thoughts in test groups compared to placebo.
Topamax is prescribed primarily for epilepsy and migraine
headaches. It includes risks of birth defects and
increased suicidal thoughts. This is a serious concern.
HEAL assumes that Heritage means Neurontin, not Neurotin above.
Neurontin is also to be used to stop seizures. If Heritage
is prescribing medications that cause seizures and using the
above to treat that side effect, the drug causing the seizures
should be discontinued. This is common sense and not
intended as medical advice. Always consult a physician
when considering treatment options.
Lexapro has
resulted, even years after discontinued use, in strokes and
other serious injuries. If you would like to speak with a
HEAL volunteer with firsthand experience with Lexapro, please
e-mail us. |
Application (page 1)
"Interstate Compact
Agreement...It is used as a means to ensure that facilities are
in compliance with the laws of both states involved, and enables
a governing body to ensure that the placement is in the child's
best interest."
"$200.00 for
Medication Account made payable to Superior Pharmacy" |
HEAL believes that
Heritage Schools, Inc. may qualify as a
Residential Treatment Center according to
laws defining "Residential Treatment Center". Here is
how the law defines "Residential Treatment Center" in relation
to Interstate Compact Placement Request forms:
"Residential
Treatment Center:
a group care facility which provides a specific treatment
program outside the realm of a medical hospital, psychiatric
hospital or institution for the mentally retarded or mentally
ill; e.g., a residential program for the treatment of
alcohol/drug abuse. The receiving state is not obligated to
supervise this type of placement made by the sending state."
(Taken from ocfs.state.ny.us on September 20th, 2010)
So, based on the above, this contradicts the statements
made by Heritage that Utah or the home-state will supervise and
agrees to provide such supervision by receiving/recording the ICPC form. This is a blatantly false statement as Utah has
made no such agreement and/or no such agreement could reasonably
be implied given that the above statement that "The receiving
state is not obligated to supervise this type of placement"
openly contradicts the statement made by Heritage that the
states follow up or use the form to assist in insuring children
are properly placed at the program.
Misleading statements, deception, and more await those looking
to do business with Heritage Schools, Inc.
Superior Pharmacy is a division of
Omnicare which has lost multiple lawsuits for fraud.
This is a serious concern. |
Application (page
1a)
"Religion"
Adolescent's Soc.
Sec. #"
"Referred to
Heritage by"
"Guarantor's SS#"
"Employer's
Address"
"Employer's Phone
#" |
It is not unusual to
ask for someone's religion on a program application. It is quite
common. But, this program seems particularly opposed to
religious diversity and it is a concern that a child with a
different upbringing may be exposed to religious beliefs or
practices that are confusing or not in line with family values.
It is a minor
concern that the program wishes to know the social security
number of the child. HEAL members would be very upset if
the scammers/programs with which we have personal experience had
access to our private financial information.
Parents should
ask why the referral question is asked and determine if Heritage
provides any form of compensation for receiving referrals?
If compensation of any kind is exchanged, this raises a myriad
of ethical concerns. Two judges in Pennsylvania were
recently found guilty of taking illegal/unethical "kickbacks"
from privately run lockdown programs for teens. So, this
is a serious concern.
It is also a
concern that Heritage asks for the parent or financial
"guarantor's" employer's name, address, and phone number as well
as the guarantor's social security number. This
information is not required by many other programs in this
industry and if it doesn't make sense or isn't necessary for
enrollment, then it is overly invasive and suggests ulterior
motives for requesting such information. |
Application (page
1b)
"Father's Name"
"SS #"
"Annual Income"
"Mother's Name"
"SS #"
"Annual Income"
"Other Parent
Involved"
"SS #"
"Annual Income" |
Heritage is way
over-stepping here. They want the social security number
and annual income of both parents and, if divorced, the current
spouses of the child's parents. This is very invasive and
too much personal financial information to be sharing with
Heritage or any similar facility. |
Application (page
1c)
"Describe the problems you would like your adolescent to work on
at Heritage" |
Parents generally
consider these scam programs as a "last resort". And,
therefore, are really not in a position to determine what
problems the child legitimately has and/or what should be
addressed by a therapeutic setting. This is something the
professionals, psychologists, etc., should be determining with
the assistance and voluntary participation of the adolescent.
So, asking such questions of the parents really suggests
something other than a professional and therapeutic program. |
Application (page
1d) "FAMILY
HISTORY"
"Describe the
history of the relationship of your adolescent with his/her
father" |
The above
question/description request is made of the person filling out
the application in regards to the child's relationship with
multiple family members and friends. This is a concern as
the person filling out the application is most likely not
objective and not a mental health professional nor able to
adequately know the real relationship between their child and
any family member other than him/herself (the person filling out
the application). This is a concern and also suggests
unprofessional practices in place at Heritage. |
Application (pages
1f & 1g)
"Behavioral"
"Emotional"
"Describe your
adolescent's overall strengths" |
The program is
asking the person filling out the application to describe and
detail the behavioral and emotional problems they attribute to
their adolescent child. This is unprofessional. It
makes sense to request any previous professional evaluations for
the program's records, but, treating parents as if their
opinions regarding their child's behavioral/emotional state to
understand the real problems that may exist for the child, is
unprofessional and a matter of serious concern.
Again, strengths and
weaknesses are very subjective. A quiet child may be a
studious child, but, considered shy/withdrawn to more
socially-inclined parents. Again, professionals should be
determining the strengths of the child, not the parents. |
Application (pages
1h & 1i)
"On an IEP?"
"Has the
adolescent ever experienced a safety hold"
"A safety hold
means to "physically hold" or "physically restrain" the
adolescent if he/she is at risk for harming him/herself or
others."
"Describe any
violence, bizarre activity, gang affiliation, or cult activity"
"Describe any
trauma your adolescent has experienced (physical or sexual
abuse, rape, violence or witness thereof" |
It is a concern that
this program accepts interstate placement and public funds
(taxpayer money) for Individual Education Plans through school
districts given that the accrediting agency for the educational
portion of this program has been and continues to be under fire
for misrepresentation and fraud. This is a serious
concern. Also, the fact that they receive public funding
requires that they meet constitutional guidelines and respect
the rights of minors in the program. Much of their
documentation suggests they do not respect the civil rights of
children in their program and this is a serious concern.
Heritage uses the
term "safety hold" to refer to the practice of restraint.
This is a concern as later they state they do not restrain
children or use any form of physical/corporal punishment, but,
that they do use "safety holds". Safety holds is simply a
euphemism for the restraint practices that have resulted in
multiple deaths at other facilities. This is a serious
concern.
It is a serious
concern that this program appears to be homophobic in
disallowing "rainbow" themed clothing and inquiring about
"bizarre activity". "Bizarre activity" and "cult activity"
is very subjective and many would consider much of the state of
Utah to be
engaged in "cult activity" and covering up for polygamous cults
and child rapists like Warren Jeffs. So, it is a serious
concern.
Traumas should be
discussed with the patient directly and it can and will feel
like a violation of trust if the program knows all the details
of past traumas without the patient's participation or consent.
This is a serious concern. |
Application (page
1j) "Does
the court have legal/temporary custody?"
"Is the
adolescent court ordered into treatment?" |
Again, if Heritage
is accepting court-ordered placements it must follow the law in
regards to the civil rights of minors in the program. This
is a serious concern. Parents should also realize that
adjudicated youth are likely placed at this facility and that
their children who may have minor issues of depression or
self-esteem may be exposed to a criminal element if enrolled in
a facility like Heritage that accepts adjudicated youth. |
Application (page
1l)
"Sexually Active?"
"If female, has
your adolescent ever been pregnant or had an abortion?" |
Your child's sex
life, or lack thereof, is none of your business if they are of
legal age of consent. It is inappropriate for your child's
sexual activity, lack thereof, and family planning/birth control
issues to be discussed or shared without the minor's
participation and voluntary consent to share such private
information. The application itself shows a gross lack of
respect for the dignity and privacy of children entering the
program and is a serious concern. |
Application (page 2)
"If telephone calls
or visits are not considered helpful to the adolescent, they may
be restricted by the primary therapist or treatment
team....In-coming mail shall be opened in front of Heritage
staff to check for contraband. Mail can only be restricted
if a court order is in place or the treatment team deems it
therapeutically necessary."
"Any transfer of
the adolescent to another phase of the program."
"Adolescents and
their families have a right to personal privacy. No
audio/visual recordings, one-way mirrors, movies or photographs
will be used without the adolescent and his/her family being
advised as to its use and waiting for written permission."
"Heritage does
not do research or use experimental drugs."
"Such concerns
are presented to the therapist or customer relations
representative. Should the adolescent or family feel that
the matter has not been satisfactorily resolved, they may
contact the following: a. Clinical Director b. Board of
Directors"
"The clinical
staff will assess the need for protective services for an
adolescent." |
Monitoring and
restricting access to the outside world by barring phone calls
and censoring/monitoring mail from a parent/parent approved
sender are signs of an abusive program. Please see
www.heal-online.org/warn.htm for more warnings signs and
questions you should ask any program you consider for your
family. The
second segment refers to the use of a "phase" or "level" system.
This suggests that Heritage RTC is a behavior modification
program using
coercive
thought reform methods which are ineffective and harmful.
It is also a warning sign of an abusive program.
It is good that
the program won't use any images, audio, or other information
without written consent. It is important that young adults
be made the authority in how video/photos of themselves are
used. Whether this is the case at Heritage is unclear.
Heritage claims
it does not do research, yet, they have a "research coordinator"
and below we will expose how they are involved in research
projects with the University of New Hampshire. So, this is
a concern and again shows a contradiction in their statements
about the program.
All or most of
the psychiatric drugs mentioned in the medication information
documents reviewed above are experimental and have not been
around long enough to determine all dangers and long-term
effects of the drugs. So, this statement is misleading.
It is a concern
that the "grievance" procedure ends in-house and it is left up
to the treatment team whether or not to notify proper
authorities. This is a concern as it suggests that
children will not receive immediate assistance from legitimate
authorities in the event of abuse. Parents should be aware
that it is the program's best interest to cover up abuse and
avoid being exposed to investigation. Since Heritage has
complete control of the children at their facility, it provides
little protection for the children against abuses. |
Application (page 3)
"DISCIPLINE AND
CONTROL CONSENT"
"Other less
desirable activities are provided as an alternative."
"One-to-one
(Student Buddy) This method is used when it is thought
that the support of a currently higher functioning peer would be
in the best interest of the adolescent in order to succeed."
"Processing Off
Unit and Away from Stimulus"
"Passive Physical
Restraint or Holding"
"Mute from
Interaction with Others or a Specific Client"
"Physical
restraints are prohibited when used solely as a means of
punishment."
"The withholding
of emotional response or stimulation for extended periods of
time is prohibited."
"If a parent or
guardian feels that any disciplinary measure that has been used
was cruel, unusual, inappropriate, or not in the best interest
of his/her adolescent, the Executive Director should be notified
immediately. Should the parent feel that the matter has
not been satisfactorily resolved, the parent's concerns may be
addressed in a written complaint to the Governing Board or the
Professional Services Organization. It is the sincere wish
of the staff at Heritage Schools, Inc. that the parent will
bring all concerns regarding the treatment of his/her adolescent
to the therapist's attention." |
What does Heritage
mean by "less desirable activity"?
What does Heritage
mean by "succeed"? Also, it is common in programs to place
one child in an authority position over another. It is
possibly true that the "buddy" does not have the authority to
discipline the other, but, this "buddy" is acting as a spy for
the program and instilling/enforcing program "values".
This appears to be more of a cult than a treatment center.
Placing a child in a "buddy" system where "higher level"
children are given "leadership" over "lower level" children is a
warning sign
of an abusive program.
If "off unit"
status is temporary and to provide a quiet space for those with
Asperger's, it is inappropriate. Asperger's clients
require very few changes in environment and can be overwhelmed
by regular environmental changes. Moving an Asperger's
client from one environment to another as deemed necessary by
Heritage poses a risk of lack of continuity and confusion in the
Asperger's client and is therefore not remotely helpful or
therapeutic. If "off unit" is more of an isolation tactic,
it is another concern and suggests inappropriate practices at
Heritage.
It is a serious
concern that this program practices any form of restraint and
does not limit its uses of restraint to instances of imminent
threat of physical harm to self or others. Everyone is
always arguably "at risk" of harming self or others and such a
vague description of circumstances suggests that restraint is
misused at Heritage.
What does
Heritage mean by "extended periods of time" and how is this
prohibition enforced? How long has a child ever spent in
isolation while at Heritage? At other programs, children
report being kept in isolation for months, and even years, at a
time. If Heritage only keeps children in isolation for one
month or less, it may consider itself complying with its own
standards by comparison. However, one month, even a few
days, in isolation is considered torture. And, this is a
serious concern.
It is a serious
concern that Heritage does not provide the specific agencies and
contact information for authorities that should be notified in
the event Heritage has broken the law in some manner by
inflicting cruel and inhuman treatment on children in their
care. It is also a concern that Heritage expects to handle
all complaints in-house and tries to avoid involving the
authorities with their operations. |
Application (page 4)
"I authorize
Heritage Schools' licensed medical staff to arrange for general
medical, dental, and laboratory services (all lab work will be
billed to parents) for my adolescent while enrolled at Heritage.
It is my understanding that upon admission, a physical exam will
be completed. This exam will include a pelvic exam and
cultures for females who have been sexually active."
"An adolescent
and/or their room and property may be searched at any time the
treatment staff deems it therapeutically necessary for the
well-being and safety of all." |
It is a concern that
an invasive and/or violative procedure such as a pelvic exam
will be performed against the will of the child. If the
child is modest and/or has a history of sexual abuse such an
exam will be traumatic. Why is Heritage so interested in
the sexual experiences and activity of female residents?
This is excessive and not required by many programs in this
industry.
It is also a
concern that the program searches the person/body of clients and
their personal space whenever they feel like it. Strip searches
and other civil rights violations are never "therapeutic" and
should not be labeled as such to cover up the fact that Heritage
is more a prison than a therapeutic treatment center. |
Application (pages 5
& 6)
"Heritage accepts no liability for billing errors."
"The psychiatric
staff in conjunction with the treatment team determines the need
for medication. The psychiatric staff are the only ones
who prescribe medications for psychiatric diagnosis."
"You have the
right to disagree with the treatment plan which may include a
psychiatric medication regime. However, if your decision
hinders (in our opinion) the treatment progress of your child,
then your case will be reviewed to determine the appropriateness
of placement in our facility." |
Heritage accepts no
liability for billing errors. This is a concern because
other programs in the industry have been reported to have
charged for medical services, including lab work, never
performed or ordered. And, that includes Medicaid fraud,
which Omnicare (the provider's of pharmaceutical services to
Heritage) has been found guilty of and liable for in the past.
Above we see a
more honest look at how medication is prescribed as needed on
the determination of the "treatment team" and the "treatment
team" is likely not qualified or licensed to determine the use
of psychiatric medications. Of course, this is why only
the "licensed" psychiatrist or psychiatric nurse can write a
prescription. This is a serious concern and does not
instill confidence in the practices at Heritage.
It is a concern
that the program does not wish to take the family's wishes or
the child's wishes into consideration and threatens dismissal
from the program if they don't obey the program. This also
makes Heritage seem more a cult than a therapeutic environment
for struggling families. |
Application (page 7)
"PARENT'S RIGHTS
RESPONSIBILITIES AND ETHICS CONSENT"
"You have the
right to refuse participation in any research project without
affecting treatment services."
"You have the
right to know that once a client demonstrates responsible
behavior, he/she will have earned the privilege to participate
in therapeutic activities off the campus."
"You have the
rights to visit your adolescent according to the rules of the
Center."
"You have the
right to conduct private telephone conversations with your
adolescent."
"You have the
right to know that if restrictions are necessary, they will be
reviewed regularly by the treatment team."
"You have the
right to know that Heritage Schools, Inc. is not liable for lost
or stolen articles." |
On page 2 of the
application above, Heritage clearly states that it does not
conduct research. However, in the second segment above, it
clearly states that that clients can refuse to participate in
research projects. This is contradictory and a serious
concern.
Parents should inquire how long, on average, a child spends in
lockdown without access or experience in the outside world.
Parents should also ask what is meant by "responsible behavior"
in regards to children who have learning or other mental health
issues that are not related to behavior. Heritage should
clarify the purpose and methods utilized in their program.
It is a concern
that the program dictates when parents can visit their children.
This is an obscene over-step on the part of Heritage and parents
should be welcomed and encouraged to visit their children as
often as possible. Heritage and similar programs would do
well to set open telephone access and visitation schedules on
evenings and weekends to insure families have ample opportunity
to participate in the healing process. Barring visitation
is a sign of an abusive program. For more warning signs
and questions you should ask any program you consider for your
family, visit
www.heal-online.org/warn.htm.
It is good that
the program recognizes your right to have a private conversation
with your child, but, does the program recognize your child's
right to a private conversation? Most programs use
"speaker phone" or have a staff member listening on the line
even if the child is technically "alone" in the phone area.
This is a serious concern and parents should inquire as to how
privacy is granted and watch for signs that privacy has been
violated (i.e. staff member tells parent that child confessed to
saying things to parent about the program and that staff wanted
to follow up, even though child never made such a confession).
This is a serious concern.
Restrictions
include the monitoring and censoring of mail and denial of
visitation and phone "privileges" with family. This is a
serious concern as monitoring/censoring mail is a violation of
children's civil rights and this was confirmed in the federal
court decision of
Milonas and
Rice v. Provo Canyon School (another program in Provo, UT).
And, the final
line is a disclaimer so that if your child's property is lost or
stolen that the program will accept no liability. Of
course, they also "reserve the right" to destroy any of the
child's property it sees fit to destroy, so, it isn't surprising
they take no responsibility for their own actions in this
regard. And, since they don't take responsibility for
their own actions and/or failures to act, how can they possibly
instill such a sense of responsibility in others? |
Application (page
10a)
"Survival is an attitude that produces fear and pain, conflict
and distance. It means repeating what is familiar even if
it limits one's growth and satisfaction. Heritage is
committed to helping adolescents go beyond reaction and survival
to experiencing choice and responsibility, where young people
can feel they are a source of change and empowerment in their
own lives."
"The child has a
trust of control by others." |
HEAL believes
Heritage is revealing a peek into their program in the first
segment. Regardless of whether or not your child is in a
"reactionary/survival" mode prior to arriving to Heritage, they
will be made to regress or recede to such a state on the early
phase(s) of this program. This will be used to cause a
split in identity between "old self" and "new program approved
self" and in the end, the child learns to trust those who wish
to control him/her. Anyone with a lick of sense knows that
devoting yourself to the purposes of other humans who exert
control over you is subjecting yourself to abuse and slavery.
These are not values that children should be adopting in a free
society. |
Application (page
11) "Should
holding become necessary, it is done according to the Crisis
Prevention Institute regulations, and every effort is made to
inflict no pain."
"In the event an
adolescent reaches a level of agitation and/or out of control
behavior that he/she is at risk for presenting a danger to
himself/herself or others, the adolescent may be placed in a
seclusion area. The adolescent is monitored by staff at
all times." |
The above
shows both that the program uses restraint, as explained above,
and also uses isolation/seclusion. Parents should inquire
as to how the staff monitor the seclusion area and if staff are
ever left alone (one on one) in the seclusion area with a child.
Victims of other programs have reported being sexually assaulted
in isolation. And, the environment of the seclusion area
should be fully explained and maintained at the highest level of
dignity for the child. |
Application (page
12a) "The
parents/guardians may have one 20-minute phone call per week
with their adolescent. Telephone calls made by the
adolescent to the parents/guardians must be on a collect-call
basis or a calling card may be used."
"We do not allow
adolescents to make phone calls to extended family members or
friends unless the adolescent's therapist approves those calls."
"All visits to
the adolescent must be pre-approved with the parents, primary
therapist, and the treatment team, and all visitors must check
in with the Heritage receptionist at the time of the visit."
"Heritage
Schools, Inc. may restrict an adolescent's telephone calls,
visits, incoming and/or outgoing mail at the request of the
parent/guardian. Both parents must approve any
restrictions." |
The adolescents can
only make one call to parents per week and that is on a
collect-call basis scheduled by the therapist. So, this is
not open access to call home or to a telephone. And, that
is a serious concern. It is an additional concern that
parents cannot call their children, but, must wait for the
therapist to schedule a call. This is exerting to much
control over the family as a whole and inappropriate given the
relationship between the consumer/family and the program.
Parents should
inquire if Heritage restricts calls, visits, etc. without
parental approval of such restrictions. According to other
areas of the application and data sheets, Heritage will restrict
calls and contact with the outside world for at least the first
two weeks of the program. And, this is a concern and
contradicts the implications of the above sections of the
application. |
Application (page
12b)
"Heritage Schools, Inc., dba Heritage Residential Treatment
Center"
"I/We acknowledge
that recipients can forward e-mail messages to other recipients
without the original sender's permission or knowledge."
"I/We acknowledge
that e-mail users can easily mis-address an e-mail."
"I/We acknowledge
that e-mail is easier to falsify than handwritten or signed
documents." |
The above consent
form to use e-mail to communicate between the family and the
program is a little difficult to understand in regards to
purpose. Acknowledging that their are risks involved with
using internet technology is not the same as assuming the risk
or voiding liability of someone who mishandles
private/confidential information. This is a minor concern
and Heritage should look into improving this waiver/consent
form. |
Application (page
13) "I do
hereby release Heritage Schools, Inc., its agents and employees,
and any other agency (such as a referring School Board), its
members, trustees, agents, officers, contractors, volunteers and
employees harmless from any claims, losses, injuries (including
death), costs and expenses arising (solely or in part) out of my
child's participation in any such recreational programs, or for
loss or damage to my child's property which may occur as a
result of my child's participation in recreational activities,
including the high-risk activities." |
It is a concern that
a blanket waiver that includes the event of a child's death is
expected of parent's to sign who are entrusting the welfare of
their child to Heritage. It is also a concern that
injuries occurring otherwise in the program may be incorrectly
attributed to "recreational activities" and this may confuse
families who are due compensation for losses sustained by any
negligent, intentional, or otherwise act or failure to act on
the part of Heritage that results in serious injury or death.
|
Application (page
16a)
"Superior Care Pharmacy, Inc., an Omnicare Company" |
HEAL has included
the above to highlight the location in the documents that shows
that Superior Care Pharmacy is an Omnicare Company.
Omnicare has lost multi-million dollar lawsuits for defrauding
Medicaid. This is a serious concern. |
Application (pages
17a 17b)
"The Attorney-in-Fact is authorized to request, receive, and
review any information, verbal or written, pertaining to the
Client's physical or mental health, including medical and
hospital records, to execute any release, waivers, or other
documents that may be required in order to obtain such
information, and to disclose such information to such persons,
organizations, and health-care providers as the Attorney-in-Fact
shall deem appropriate. The Attorney-in-Fact is authorized
to employ and discharge health-care providers including
physicians, psychiatrists, dentists, nurses, and therapists as
the Attorney-in-Fact shall deem appropriate for Client's
physical, mental, and emotional well-being. The
Attorney-in-Fact is also authorized to incur reasonable fees and
expenses for such services."
"The
Attorney-in-Fact is authorized to physically restrain the Client
should the Client become a danger to himself/herself, or to
anyone else as deemed necessary by the Attorney-in-Fact."
"The Principal(s)
hereby ratify and confirm all that the Attorney-in-Fact shall
lawfully do or cause to be done by virtue of this Power of
Attorney and the powers herein granted and hereby indemnify and
hold the Attorney-in-Fact harmless therefrom."
"In the event the
Principal(s) deliver to the Attorney-in-Fact an express written
notice or revocation of this Power of Attorney, then immediately
upon the Principal(s) taking physical custody of the Client from
the Attorney-in-Fact." |
The above includes
snippets from the Power of Attorney form. The
"Attorney-in-Fact" refers to Heritage and the form assigns
parental authority to the program. It appears this power
of attorney must be revoked by express written notice to the
program and that the parents must immediately take physical
custody of their child upon such revocation. In other
portions of the agreement, the program requires 30 days notice
of removal. So, if a family decides the program is
harmful, or at least, not helpful, and decides to remove their
child, they must give 30 days notice. But, once written
notice or revocation is received, the program demands parents
immediately retrieve their child. This is confusing and
contradictory and raises additional concerns regarding the
policies and practices in place at Heritage. |
Application (page
18a)
"HERITAGE RESIDENTIAL TREATMENT CENTER, a Utah corporation
(hereinafter called "the Treatment Center")"
"The Client shall
be enrolled in the Treatment Center's program commending
on...and continuing with the mutual consent of both parties,
until the treatment team determines the Client has successfully
completed treatment."
"In the event the
Treatment Center recommends discharge of the Client because of
clinical readiness or treatment plan completion, then the
Client's enrollment shall end at such times as determined by the
treatment staff in conjunction with the Sponsors."
"In the event the
Treatment Center recommends discharge of the Client because of
clinical necessity, i.e. Client not responding to treatment, or
continued placement in the facility is determined not to serve
the Client/Sponsor/Treatment Center's best interest, or if the
Treatment Center is forced to discharge the Client due to
non-payment of fees...the Treatment Center agrees to notify the
Sponsors of such intent thirty (30) days prior to the
discharge." |
Long-term
institutionalization prepares children for a life in prison, not
college and success. It is a concern that this program
takes over a year before "completed" and that the program, which
benefits financially from high enrollment levels, is solely in
charge of the discharge date and will even extend beyond what is
necessary to accommodate itself and/or the parents. A
young adult's personal liberty should be of higher import to
those who claim to be American. |
Application (page
18b)
"Accordingly, should the Sponsors voluntarily elect to withdraw
the Client prior to the end of the contract period, the Sponsors
shall provide the Treatment Center's business office with a
written notice of intent to withdraw the Client no fewer than
thirty (30) days prior to the intended date of discharge."
"supervised work
experiences as appropriate/necessary"
"work projects"
"The Sponsors
give such consent, fully accepting the risks which are
associated with custodial care. These risks include but
are not limited to risks that the Client's problems may not
improve, risks that the Client may without permission leave the
Treatment Center facility and be unattended, risk of physical
injury, risk of sexual violation and pregnancy, and other risk(s)
of physical or mental harm including suicide and other forms of
self-injury."
"The Sponsors,
simultaneous wit the execution of this Agreement, shall appoint
the Treatment Center as the Client's true and lawful attorney
for the purpose of providing custodial care and educational and
clinical services, and shall assign to the Treatment Center all
of the Sponsors' powers of care and custody during the period of
enrollment of the Client." |
Heritage should
clarify whether or not they mean that the parents must give
30-days advance notice before removing their child or if they
mean that, in the event a child is scheduled to
"graduate/complete" the program, the program requires at least
30 days notice before the treatment team "approved" graduation
date if the withdrawal occurs that close to completion.
HEAL includes the
fact that there are work projects and work "experiences" at this
program even though in the data sheets the program states that
it does not force or use work as a punishment/disciplinary
measure. This is a concern as, again, it appears to show a
clear contradiction regarding the practices and methods claimed
and used by Heritage.
"The Sponsors
give such consent, fully accepting the risks which are
associated with custodial care. These risks include but
are not limited to risks that the Client's problems may not
improve, risks that the Client may without permission leave the
Treatment Center facility and be unattended, risk of physical
injury, risk of sexual violation and pregnancy, and other risk(s)
of physical or mental harm including suicide and other forms of
self-injury."
Seriously, after
reading the fact that leaving your child at Heritage puts them
at risk of sexual violation, pregnancy, physical or mental harm,
how could you possibly still be considering this program and if
your child is there, why aren't you on your way to Provo to
retrieve them?
Readers will
notice that the program wants all the powers and rights of
custodianship, but, refuses the legal responsibility associated
with such custodial arrangements. This is a serious
concern and one parents shouldn't ignore. |
Application (pages
18c & 18d)
"The Sponsors further agree that any amounts due under this
Agreement, which amounts are more than thirty (30) days
delinquent, shall incur a monthly finance charge in the amount
of twelve percent (12%) APR."
"The Treatment
Center assumes no liability for injuries, illness, or other
damages occurring to the Client during the term of the Client's
enrollment, including any resulting from Client's participation
(on or off the Treatment Center campus) in programs and
activities of the Treatment Center."
"The Treatment
Center makes no representations or warranties as to the quality
or quantity of education or treatment other than those made in
writing and signed by an authorized Treatment Center official."
"The parties
acknowledge that this Agreement constitutes a business
transaction within the State of Utah." |
A non-profit program
should not be charging interest. This is a serious concern
and should possibly be investigated by authorities.
It is a concern that
Heritage takes no responsibility for the children in the program
and places all liability on the parents. This is a serious
concern and parents should really think about what they are
agreeing to with this contract.
The third segment
is basically a disclaimer and/or semi-admission that they do not
provide adequate or quality educational or therapeutic services.
So, this is a major concern.
It makes sense
that since the program is located in Utah, that they wish for
Utah to have governing venue. This is reasonable and
another reason why family's shouldn't send their children out of
state for "help". |
Application (page
19)
"Research Aims"
"Research
Protocol" |
Pages 19-24 describe
a research study being conducted by NATSAP and the University of
New Hampshire. Heritage states your family's participation
in this research is on a voluntary basis and will not effect
your treatment services. However, HEAL points out that on
page 2 of the application, Heritage claims it does not do
research. Another opportunity to point out misleading and
deceptive practices in place at Heritage.
HEAL recommends
you do not place your child/loved one in Heritage Schools, Inc.
and that you rescue your child if they are currently "enrolled"
in this program. |
HOME
|