Name

Unit/Position

The University of Phoenix does not have the specialized accreditation necessary for degrees in psychology.  (Source: http://ope.ed.gov/accreditation/Search.aspx)   It is accredited for teaching and nursing degrees.

The University of Phoenix does not have the specialized accreditation necessary for degrees in psychology.  (Source: http://ope.ed.gov/accreditation/Search.aspx)   It is accredited for teaching and nursing degrees.

Mark McGregor's business partner, Craig LaMont, started Oasis Academy in Provo, UT in 1994.

(This review does not constitute legal advice and is for information purposes only.  If you need legal assistance, please contact an attorney.)

We have provided the entire enrollment packet linked above and here for those who desire further contextualization.  In this review, we will be quoting from New Haven's documents followed by our review of those quotes.  We will not be linking to the enrollment packet throughout the remainder of the review and advise those who desire further contextualization to open the packet in a separate window while reading through the review.

Page 1 Quotes

"PLEASE BRING THE FOLLOWING ITEMS UPON ENROLLMENT"

"Copy of Picture ID (Driver's License/School ID)"

"Copy of Student's Social Security Card"

"Copy of Student's Birth Certificate"

"Official School Transcripts"

"The following fees must be paid to New Haven upon Student's admission:"

"Tuition for the first thirty (30) and last thirty (30) days of treatment;"

"Enrollment fee of $1,500; and"

"Student account deposit if $500"

HEAL Comments/Concerns

Why doesn't New Haven provide a photo id to "students" at this program?  Why does New Haven require a copy of a student's driver's license or school id?  Why does New Haven require the social security number of "students"?  Why does New Haven require the birth certificate of "students"?  Public schools cannot require the social security number of students, but, can request it.  And, since New Haven is a "residential treatment center" and as such does not need these documents in order to provide service, it raises concerns.  A primary concern is that the information may be misused by New Haven and/or their staff.  A recent case in South Carolina showed that staff at that program had written bad checks on the program account.  Providing sensitive and personally identifying information to unregulated programs like New Haven is ill-advised. 

Is New Haven RTC a school?  Utah lists New Haven School as a school that is "accredited" by the Northwest Association of Accredited Schools (NAAS).  NAAS has been sued as co-defendants with WWASPS.  And, NAAS was also sued for misappropriating the name of a non-active accrediting agency.  NAAS was forced to change names and is now NWAC.  NAAS was forced to change their name to NWAC after a lawsuit was filed for misappropriating the name of a legitimate accreditation agency.  NAAS was also a co-defendant in a lawsuit against the World Wide Association of Specialty Programs and Schools in 2006.  (Case Citation: Bruce Dungan, et al. v. World Wide Association of Specialty Programs and Schools, Inc., NAAS, et al., United States District Court, Northern District of New York, July 25th, 2006)  The attorneys representing the plaintiffs in this case were Hancock & Estabrook, LLP.  The lawsuit was filed as a class action.  Academy at Ivy Ridge was the basis of the lawsuit.  NAAS "accredited" this school.  Quote:   "Ivy Ridge Academy accreditation rejected:  The Academy at Ivy Ridge will not be allowed to resume issuing high school diplomas.  The State Education Department has rejected the Academy's application, according to stories Friday in St. Lawrence County newspapers and The Watertown Times.  A letter from the State Education Department to Ivy Ridge quoted in the Watertown Times says, "The Department's review revealed that AIR is principally a behavior modification program and not a school..."  For complete story, click here.  So, NAAS/NWAC accreditation does not provide effective assurance that the credits "earned" at New Haven are transferable.  This is a serious concern.

We will discuss the fees and costs of this program later in this review.  New Haven charges by the day at a rate of $475 per day.  (see page 7 below)  So, at the time of enrollment the total due is $30,500.  For two months of non-medical treatment with questionable academic services, this is too much.  And, based on our current review, we believe New Haven RTC is a scam that hurts families.  For a year at the daily rate, the total cost is $171,000.  That is more than three times the cost of a year of study at Harvard University including room and board.  "Harvard University will increase tuition next school year by 3.8 percent, the school announced yesterday, bringing the annual cost of a Harvard education, including room and board, to $50,724." (Source: boston.com, March 19th, 2010)   Why are families paying more than a year's tuition at Harvard for their children to attend a behavior modification program?  This is a serious concern.

Page 2 Quotes

"Sponsor Delegation of Custodial Authority.  The Sponsor affirms they are the legal parents or guardians of the Student (defined on the signature page) and that they expressly desire to enroll her in New Haven's treatment program.  The Sponsor agrees to temporarily delegate their parental or guardian powers regarding the care, custody and property of the minor-aged Student to New Haven, as the Student's true and lawful Attorney-In-Fact, by signing the Power of Attorney included as Exhibit D to the New Haven enrollment packet.  The Sponsor acknowledges that the Power of Attorney is only valid for a period of six (6) months according to Utah law...The Student's continued enrollment at New Haven is contingent upon the existence of a valid Power of Attorney and the timely receipt of additional Powers of Attorney from the Sponsor."

"Upon execution of this Agreement by the Parties and admission of the Student, as determined in the sole discretion of New Haven, New Haven agrees to provide the following general services to the Student: room and board, counseling and therapeutic services for the Student and Sponsor, educational and academic services, laundry services, nursing services, selected Student psychological and educational evaluations and assessments, personal Student supervision, supervised use of recreational equipment and facilities, supervised work experience as appropriate and/or necessary, and bookkeeping and clerical assistance with the Student's home school district or others on an as needed basis according to New Haven's policies and procedures. (A copy of the New Haven policies and procedures will be made available to the Sponsor upon request.)  Limited assistance with insurance and/or other agency forms or claim submission may be provided upon agreement by New Haven.  New Haven agrees to provide the services to the Student and to operate the facility in compliance with applicable state and federal law."

"Except as otherwise provided in this Agreement (or any Exhibit to this Agreement), Sponsor is financially obligated to pay all enrollment and program fees for the entire treatment period.  Sponsor's total program fee obligations under this Agreement will be billed to Sponsor in monthly installments...New Haven will not release the official transcripts of the Student's academic credits until all amounts due New Haven under this Agreement have been paid in full."

"The Sponsor understands and agrees that the following expenses, among others, are not covered by the program or enrollment fees: the costs associated with the transportation and escort of the Student to and from New Haven upon admittance, discharge, and any approved home or third-party visits; costs of any property damage and/or personal injuries the Student causes to the person or property of the New Haven facility, the Student (herself), other students, New Haven employees, contracted professionals, or any visitors or third parties while the Student is in the custody of New Haven or during any abandonment of the program by the Student; costs to locate a Student during an abandonment of the program; New Haven's costs to collect on any delinquent amounts owed by the Sponsor under this Agreement, including but not limited to reasonable attorney's fees and court costs; the Student's personal expenses; medical, dental, and prescription medication expenses; clothing purchases; hair cuts, escort fees (if applicable); other forms of commercial transportation (including reasonable costs of ground transportation) and staff escorts not associated with standard activities and programs of New Haven; costs assessed by the community or public library for loss or damage of materials or other fees; and costs associated with the replacement of any lost or damaged materials or books checked out to the Student from the New Haven media center." [ends on page 3]

HEAL Comments/Concerns

Parents should not assign their parental rights and authority over to any program.  A limited power of attorney for medical emergencies may be appropriate, but, anything more than that is excessive and puts children in harm's way.  We will discuss this further in our discussion of the power of attorney form on page 14.  Based on the timeframe of the power of attorney, it would appear that the minimum stay at New Haven is six months.  We have not seen a stated minimum period of enrollment other than the six month limit of the power of attorney form.  Six months at New Haven runs at approximately $85,000.  And, that cost does not include the "extras".  It is excessive and a mode of trickery to make people believe that if they charge so much it is worth it.  It is not.  An education at Harvard University is far more valuable than any of the services offered by New Haven.  And, it is a private university.  There is no reason for New Haven to charge what they charge except greed.  And, profit is the only thing they care about.  This is a serious concern.

"Therapeutic" is very loosely used by programs like New Haven to include forced and coerced manual labor provided to the program.  Parents should ask what counseling and therapeutic methods are used and look into whether there is criticism or whether the methods have been discredited by respected mental health professionals.  As shown above, the academic services are likely not legitimate and the credits likely do not transfer given the NWAC/NAAS accreditation scandals and issues. 

Who performs these psychological and educational assessments/tests?  Are they qualified to evaluate such tests?  If so, New Haven should provide that information.  At many programs in this industry such assessments are done by individuals without proper training or education in the field of mental health and they are encouraged to find problems so that there is an excuse to keep a child locked in a program as long as possible to rake in the money.  This is highly unethical and one of many reasons we do not support the behavior modification industry.  To learn more about the problem with behavior modification programs, see the free e-book at www.heal-online.org/ebook.pdf. 

Does New Haven staff "supervise"/watch children when using the toilet and showering?  At similar programs in Utah, that occurs and people of the opposite sex are allowed to watch the children.  This is a serious concern as it would show a violation of the child's privacy rights.  Such practices are used to humiliate and dehumanize children in programs in this industry and it is a serious concern. 

Are the children paid for their labor?  If not, New Haven is likely violating child labor laws.  This is a serious concern.

New Haven is not a licensed medical facility.  And, they may know how to "work the system" and get their hands on insurance money, but, insurance carriers shouldn't be paying for it.  HEAL members have written letters to insurance providers reporting fraud and other violations at other programs in Utah.  The response from one insurance carrier was that they had already paid the claim and therefore they would not investigate or look into a refund from the program.  It was a WWASPS' facility.  Regardless, insurance companies complain about false claims and even when reported to them, they refuse to take action.  There is a lot of corruption out there.  Families need to be more savvy in protecting their own interests.

What are the applicable state and federal laws in regards to residential treatment programs that don't fall into any recognized category?  Well, Utah's laws are discussed at www.heal-online.org/utah.htm and Utah does not safeguard children enrolled in residential programs in Utah.  There are no federal laws related to residential treatment programs or oversight of such programs at this time.  HEAL and other advocacy networks/organizations have been supporting federal legislation that would regulate the industry.  However, this legislation has repeatedly failed to pass.  The most recent introduction of this legislation was in 2009, HR 911.  HR 911 passed the house and "died" in the senate HELP committee.  See www.heal-online.org/teen.htm#action for new legislative efforts we are supporting to regulate the industry and protect children.  Also, see the e-book at www.heal-online.org/ebook.pdf for more information on legislative efforts.

Who determines the "treatment period"?  Is it agreed upon at the time of enrollment?  Is it reasonable to agree to a timeframe when no professional assessment has been done by New Haven to determine the "appropriate" length of stay?  Why are parents forced to pay for a timeframe that is not based on a legitimate evaluation of the needs of the child?  The "official transcripts" from New Haven are likely not worth the paper they are written on and should not deter families from rescuing their children if necessary.  Parents should contact an attorney and have them review the contract for unconscionable and illegal terms.  There are quite a few and they will be discussed throughout this review.

New Haven holds families responsible for all injuries they incur (including death) even those that are caused by intentional misconduct by New Haven.  This will be discussed further throughout the review, beginning with the discussion of page 4 below.  We include this here because New Haven refuses to take any responsibility for the environment they create and the reactions that environment induces while placing full responsibility on the families after deceptively marketing their services and disclaiming any oral or written statements not included in the contract that they may have provided to families considering New Haven.  The disclaimer is found on page 22 of the contract and will be further discussed in the discussion of that page below.  It is an unconscionable term to place the full burden of damages on the family when those damages are caused or result from New Haven's policies and/or conduct.  This is a serious concern.

Page 3 Quotes

"If an insurance provider will be covering all or part of the program, enrollment, or other fees, Sponsor shall be solely responsible to determine eligibility and pre-approval for such insurance benefits and to make all arrangements with the insurance provider to cover the costs."

"Except as otherwise provided in this Agreement, the student will be admitted to New Haven commencing on the Admittance Date listed on the signature page and is expected to remain in the New Haven treatment program until the Discharge Date listed on the signature page (the "Contract Period")."

"Student May Be Discharged For Any Reason.  The Parties agree that New Haven has the right to discharge the Student for whatever reason, as determined in the sole discretion of New Haven, including but not limited to a determination that (a) the Student is not responding to treatment, (b) continued placement in the facility is not in the best interest of the Student, the Sponsor and/or New Haven, or (c) the Student does not meet admission criteria after the initial assessment...In the event New Haven recommends early discharge of the Student due to clinical readiness, as determined in the sole discretion of New Haven, her enrollment will end on a date mutually agreed upon by the Sponsor and New Haven."

"Emergency Discharge.  New Haven will notify the Sponsor as soon as reasonably possible in the event New Haven determines, in its sole discretion, that an emergency discharge or transfer of the Student is necessary for the Student's own health or safety...At the time New Haven relinquishes physical custody of the Student to the Sponsor or Sponsor's agent during an emergency discharge, the Sponsor will not incur any further New Haven program fees or charges."

HEAL Comments/Concerns

Parents should understand that New Haven is not a licensed medical facility and that most insurance providers will not cover "treatment" at a program like New Haven.  It is also a concern that insurance monies that could and should be used for legitimate medical care may be misused or misappropriated if given to New Haven.  Insurance companies should really do due diligence and make sure that they are funding legitimate treatment and medical services before approving any payment to a facility like New Haven.

New Haven uses medical language such as "admittance" and "discharge" as opposed to "enrollment", "graduation", and/or "expulsion".  New Haven is not a medical facility and arguably not a school.  This suggests false advertising and is a serious concern.  By using medical language, New Haven is implying it is a medical facility.  It is not. 

If New Haven can discharge a child for any reason, then parents should be able to remove their children for any reason without penalty.  It is a serious concern that New Haven reserves the right to "discharge" a child and does not provide equitable relief for parents who wish to remove a child prior to New Haven's approval.  This is an unconscionable term and raises serious ethical concerns regarding the contract.

New Haven reportedly refers "emergency discharges" to other programs in Utah including Provo Canyon School.  This is a serious concern and parents should investigate any program New Haven recommends prior to giving the okay to transfer the child.  By not doing so, it puts the child in harm's way. 

Page 4 Quotes

"New Haven is not responsible for damage to the Student's person or property resulting from Acts of God. "Acts of God" may include but are not limited to earthquakes, tornados, fires, floods, hurricanes, lightning strikes, power surges or any other accident that is not a result of the gross negligence of New Haven."

"In the event of the Student's abandonment of New Haven's program, New Haven will contact the Sponsor as soon as reasonably possible.  Student discharge will become official after seventy-two (72) hours from the time of the abandonment.  The Sponsor may work with the New Haven Clinical Director to determine the possibility of re-admission.  The Sponsor remains financially responsible for all fees until the Student's abandonment becomes official."

"The Sponsor may withdraw the Student from New Haven at any time prior to the end of the Contract Period upon twenty-one (21) days written notice of the intent to withdraw the Student.  Should the Sponsor elect to withdraw the Student and the Sponsor fails to provide New Haven the entire twenty-one (21) day notice, New Haven reserves the right to charge program fees for twenty-one (21) days."

"Sponsor Informed Consent and Assumption of the Risks.  By signing this Agreement and the Recreational Activity Release of Liability and Express Assumption of Risk Agreement, which is Exhibit H to this Agreement, the Sponsor is acknowledging and representing to New Haven that they fully understand the dangers and risks to the Student associated with third-party custodial care, the services described in Paragraph 2, and the activities (including but not limited to recreational activities) and programs provided by New Haven in connection with its treatment program and that Sponsor agrees to assume any and all such risks.  Additionally, by signing this Agreement and Exhibit H, the Sponsor gives informed consent on behalf of the Student to participate in the New Haven treatment program and all recreational activities made available to the Student through the treatment program and acknowledges that New Haven is not designed or staffed to prevent student abandonment and is not liable in any way if the Student abandons New Haven's program...The programs and activities in which the Student may participate, may include but are not limited to pregnancy, drug and alcohol tests and psychological examinations), training programs, horseback riding, river rafting (Class 3 or lower), swimming, ropes course, snowmobiling, rappelling, rock climbing and other various forms of recreation and athletics.  To the extent there is any conflict in the terms between this Agreement and Exhibit H, the terms of Exhibit H will govern."

"Sponsor Waiver, Release and Indemnity.  In consideration of the enrollment of the Student and the services provided by New Haven, the Sponsor individually (and jointly and severally as the case may be), and on behalf of the Sponsor's executors, administrators, heirs, next of kin, representatives, successors and assigns, agrees to: (a) waive, release and discharge New Haven and its successors, assigns, parents, subsidiaries, affiliates, employees, managers, members, officers, directors, attorneys, agents and other representatives ("Released Parties") from any and all liability for death, disability, illness or personal injury of the Student, or damage or theft of the Student's property, occurring while the Student is enrolled with New Haven or during any period after the Student has abandoned New Haven's program, whether occurring on or off the New Haven campus, and covenants not to sue any of the Released Parties with regard to the same; and (b) protect, defend, hold harmless and indemnify each of the Released Parties from and against any and all claims, actions, causes of action, proceedings, suits, costs, liabilities, damages, and expenses, whether known or unknown (including but not limited to any abandonment of New Haven's program by the Student.  In addition to the waiver, release and indemnity above, the Sponsor has fully read, understands, and has signed the Recreational Activity Release of Liability and Express Assumption of Risk Agreement, which is Exhibit H to this Agreement, which provides an additional waiver, release, and indemnity in favor of New Haven." [ends on page 5]

HEAL Comments/Concerns

New Haven implies that they will take responsibility for injuries caused by their gross negligence in the first quote of page 4.  However, on page 21 (discussed below) they disclaim any harm caused by their intentional, negligent, and grossly negligent misconduct.  They try to cover this by claiming that "Exhibit H" governs the agreement regardless of what is stated in the contract.  And, this shows deception in the contract terms.  This is a serious concern and may constitute fraud and/or illegality of the contract.  Families who have contracted with New Haven should consult an attorney for legal help.

New Haven requires parents to sign over their parental rights and authority for the duration and disclaims any responsibility for the welfare of the child.  This is something someone with the custodial rights and responsibilities cannot do.  And, this is a serious concern.

New Haven does not place any time limit on their ability to "discharge" a student, but, restricts the parent's ability by creating a penalty for early removal.  This appears to be an unconscionable term and again raises serious concerns about New Haven.

Since "Exhibit H" is the governing language of the assumption of risk and release of liability waiver, we will discuss the issues in detail below in discussion of Exhibit H.  There is a conflict between the two sections as the one above does not disclaim injuries (up to and including death) caused by intentional, negligent, and grossly negligent misconduct on the part of New Haven.  This is unconscionable and arguably illegal.  This is a serious concern.

The same is true of the indemnity agreement and we will discuss the release and waiver in our review of Exhibit H which begins on page 20 of the contract.

Page 5 Quotes

"Sponsor acknowledges that in the course of enrollment of the Student, and from time to time throughout Student's enrollment in the treatment program, it may be necessary to restrain the Student, perform searches of the Student's personal belongings to confiscate contraband, or to administer urinalysis or blood tests for drug screenings of the Student.  The Sponsor hereby specifically consents to such activities as deemed necessary in the sole discretion of New Haven."

"Unauthorized Employee Actions.  The Sponsor understands and agrees that New Haven can only be responsible and/or liable for their employees to the degree that the employees operate within the scope of their employment and outlined job responsibilities.  This does not relinquish the staff member from their individual liability for damages and/or prosecution for their actions outside of their constituted job duties or realm of employment.  The Sponsor acknowledges and agrees that New Haven's standard policies and procedures for hiring employees are thorough and satisfactory to provide New Haven adequate and reliable information upon which to make its hiring decisions.  The Sponsor therefore agrees to hold harmless and release New Haven and its successors, assigns, parents, subsidiaries, affiliates, members, officers, directors, attorneys, agents and other representatives (other than the employee who acted outside of the scope of his or her employment) from all liability or damages for any actions of New Haven employees that act outside the training they have received or the scope of their constituted responsibilities or realm of their employment, and the Sponsor hereby waives any right to claim make any claim against New Haven for negligent hiring of employees."

"All information related to the Student's participation in the New Haven program, and all assessments, evaluations, reports, notes, and the like related to the Student are protected by federal HIPAA laws and will be held in strict confidence, provided however, that such information may be disclosed in accordance with applicable laws to New Haven, its employees, and third-party service providers on a need to know basis."

"Utah Law Governs this Agreement.  This Agreement shall be governed by and construed in accordance with the laws of the State of Utah.  The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state and federal courts located in Utah County, State of Utah...Failure of the Parties to enforce any term or provision of this Agreement shall not constitute or be construed as a waiver of such term or provisions or right to enforce the same.  If any provision of the Agreement is construed to be overbroad as written, the remaining provisions shall remain enforceable." [ends on page 6]

HEAL Comments/Concerns

If it is an all girl program, why are the girls subjected to pregnancy tests?  Is there something going on at the program that would subject them to becoming pregnant?  Parents should not agree to the use of restraint as loosely defined by New Haven.  Many children have been killed due to improper restraint in similar programs and this is a serious concern.  Does the search agreement include the "right" of New Haven to do physical/body searches on students?  If so, how often do such searches occur and are they warranted?  This is a serious concern because such searches violate the privacy rights of minors.  And, any program that violates a child's rights is not a good choice.

The paragraph denying liability for the actions of employees is not an accurate statement of the law.  There is a legal concept known as "Respondeat Superior" that places the responsibility on the employer for employee misconduct.  This is simply another trick to avoid taking responsibility for poor management.  How is a program that is supposed to teach responsibility going to do that when the program itself accepts no responsibility?  And, if families are not provided with the hiring standards of New Haven, they cannot possibly agree that those standards are sufficient.  This is a serious concern.

The claim that they must abide by HIPAA is contradicted in other places through out the enrollment packet.  On page 23 (discussed below), the parents are expected to sign a release to use the child's records, photographs, video, and voice of the child in promotional materials (including online).  This shows a clear intent not to respect the privacy and confidentiality of minors in the program and contradicts the notion that the program is protects the confidentiality of clients.  And, on page 11 (discussed below), the program includes language that the parents understand that signing a confidential records release for a non-health care provider is permitting them access to the information without requiring HIPAA compliance.  There is a lot of trickery in this contract and New Haven is best to be avoided.

New Haven advertises and accepts children on an interstate basis.  If New Haven does not wish to face lawsuits filed in other jurisdictions, it should limit it's scope of business to Utah County.  It is unreasonable to accept referrals and placements from all over the country (and world) and refuse to allow injured clients an opportunity to file complaints from their home state.  New Haven advertises and asks for business from other states.  The families who contact HEAL are advised against institutionalization and to seek local help in the event it is necessary.  These families wouldn't be aware of New Haven if New Haven wasn't marketing to them in their homes and through their local providers.  Therefore, New Haven should bear the risk of being sued from other states when receiving clients through out-of-state referrals.  And, the term seems unfair given the overall nature of the contract.  This is a concern.

Pages 7-9 Quotes

'TUITION FINANCIAL AGREEMENT"

"Enrollment Fee. One-time fee of $1,500.00 ("Enrollment Fee")."

"Program Fees.  Unless otherwise provided in this Tuition Financial Agreement, the cost of tuition program fees is $475.00 per day."

"Post-Discharge Service Fees.  The cost of Post-Discharge Service packages are as follows: HomeWorks Standard Package - $6,500; HomeWorks Support Only Package - $4,500; HomeWorks Coaching Only Package $2,500.  HomeWorks Education Only Package pricing varies according to the number of courses selected."

"Student Account.  New Haven will maintain an account for the student to cover the Student's incidental fees and personal expenses the Student may incur during her enrollment at New Haven ("Student Account").  Upon enrollment, an initial deposit of $500.00 shall be made into the Student Account."

"Fees Paid Upon Admission.  At the time of admission, the Sponsor agrees to (a) pay the applicable program fees for the first thirty (30) and last (30) days of treatment, (b) pay the Enrollment Fee, and (c) make the Student Account Deposit.  Student will not be admitted to New Haven if such fees are not paid in full at the time of admission."

"Monthly Program Fees.  The Sponsor shall pay New Haven program fees for treatment and services the Student is to receive during the month immediately following the payment due date.  Payment of tuition program fees is due the first (1st) day of each month.  The Sponsor will be billed on or around the twentieth (20th) day of each month for the subsequent month of treatment."

"Late Payments and Penalties.  Payments received more than fifteen (15) days after the due date will be assessed a late penalty fee of $50.00.  In addition, interest at an annual rate of 19% compounded daily, or the maximum rate permitted by applicable law, will be assessed on the unpaid balance (including late fees) commencing on the due date."

"A $200 convenience fee is charged for each online payment."

"Collection Costs.  The Sponsor agrees to pay New Haven for all collection costs incurred in connection with any amounts due under this Tuition Financial Agreement, including but not limited to reasonable attorneys' fees and court costs.  All obligations of the Sponsor hereunder shall be joint and several, as the case may be."

"The undersigned hereby authorizes New Haven to initiate charges against the undersigned's credit/debit card according to the terms of this Tuition Financial Agreement, specifically for late tuition charges and for Student's monthly personal expenses.  The undersigned acknowledges this authority will remain in effect so long as the Student is enrolled at New Haven."

HEAL Comments/Concerns

Why does a program that charges more than 3x Harvard Tuition require a $1,500 enrollment fee?  For a year at the daily rate, the total cost is $171,000.  That is more than three times the cost of a year of study at Harvard University including room and board.  "Harvard University will increase tuition next school year by 3.8 percent, the school announced yesterday, bringing the annual cost of a Harvard education, including room and board, to $50,724." (Source: boston.com, March 19th, 2010)   Why are families paying more than a year's tuition at Harvard for their children to attend a behavior modification program?  This is a serious concern.

What is HomeWorks?  HEAL was unable to locate any information on HomeWorks.  It appears to be an in-house service.  Shouldn't any "discharge services" be included in the outrageous tuition costs?  $171,000 could support two families for a year.  Why spend it on a scam like New Haven?

As stated above, New Haven credits likely do not transfer due to the faulty accreditation.  So, this is a serious concern.  And, shouldn't the extraordinary fees cover incidentals?  Shouldn't basic care be included in an annual fee of $171,000?  Think about it.  New Haven is "licensed" by the Department of Licensing.  However, this isn't impressive.  "Utah has no regulatory power over boarding schools within its borders, parents and state officials are discovering following a crackdown on a Costa Rican boarding school with Utah ties.  "There's no background check on any of those people," said Ken Stettler, director of licensing for the Utah Department of Health and Human Services. "What you get are untrained and unprepared staff who will dole out abuse because they don't know how to handle the kids." (Source: Deseret News, June 18th, 2003)  Why doesn't Utah have regulatory power?  Shouldn't they regulate programs and stop child abuse since they know it is occurring?  This is a serious concern and why no parent should send any child to Utah.

The motive of New Haven is clear, make as much money as possible while taking no responsibility for the harm they cause.  The penalties and interest rates are excessive and borderline usurious since they want to charge the maximum interest rate allowed by law in the event of late payment.  This is not putting families first.  And, it is a serious concern.

We recommend against enrolling anyone in New Haven.  And, we certainly recommend against giving New Haven your credit card or any other sensitive information subject to misuse.  Seriously, a $200 "convenience fee" for online payments?  Colleges charge $15 for a "convenience fee" when paying online.  $200 is extremely excessive and again this highlights the greed motive of programs like New Haven.

Pages 10-11 Quotes

"AUTHORIZATION FOR RELEASE OF INFORMATION"

"Patient Name"

"Date of Birth"

"SSN"

"This authorization permits the above Providers to disclose and deliver the following records to New Haven:"

"All of Patient's health information that the Provider has in his or her possession, including but not limited to information relating to Patient's medical history, mental or physical condition, any treatment received by the Patient, dates of treatment, social, psychiatric, and/or substance abuse diagnoses, immunizations, prognosis, counseling, school records, and/or therapy contained in the Patient's medical records."

"You further understand that you may refuse to sign this Authorization, and Provider cannot refuse to provide treatment, payment or deny eligibility to the Patient for benefits based upon your refusal.  You understand that if the persons or agencies authorized to receive this information are not health plans or health care providers, the released information may no longer be protected by federal privacy laws and they may re-disclose it to someone else."

HEAL Comments/Concerns

New Haven is not a licensed medical services provider.  Using a term such as "patient" paints a misleading picture of what New Haven is and what they are qualified to provide in terms of services.  This is a concern.

Why does New Haven require the social security number of "students"?  Even public schools and colleges cannot legally require that information.  This is a serious concern as such information can be misused and misappropriated.

How are medical records used by New Haven?  Since New Haven is not a medical facility, it is a concern that they would be given detailed records on any child enrolled in the program.

In addition, New Haven disclaims their confidentiality and HIPAA claims by including "you understand that if the persons or agencies authorized to receive this information are not health plans or health care providers, the released information may no longer be protected by federal privacy laws and they may re-disclose it to someone else."  This is a serious concern and puts families in harm's way.  HEAL advises against placing any child in New Haven RTC.

Page 12 Quotes

"I understand that I am financially responsible to New Haven for any charges not covered by this authorization or my insurance policy."

"In the interest of providing a standardized medication management system for individuals, and to improve the quality and safety of medication processes and care for its students, New Haven contracts with a pharmacy vendor; (Omnicare, Inc.) to supply medications."

"INSURED'S SSN"

"INSURED'S DOB"

HEAL Comments/Concerns

New Haven does not take responsibility for the harm they cause and this is a serious concern that has been addressed above and will be addressed again below in the discussion of "Exhibit H". 

New Haven contracts with Omnicare.  Omnicare has lost multiple lawsuits for fraud.  This is a serious concern.

It is also a serious concern that New Haven requires the social security number and date of birth of the parents/insured parties.  This is very sensitive information and New Haven has already disclaimed any duty to protect your information.  We advise against placing any child in New Haven.

Pages 14-15 Quotes

"KNOW ALL PERSONS BY THESE PRESENTS, that ___________________ the legal parent(s) or court-appointed guardian(s) ("Sponsor"), residing at _____________ make, constitute, and appoint Solacium New Haven, LLC, a Delaware corporation, doing business as New Haven Residential Treatment Center, and its authorized employees and agents ("New Haven"), located at 2172 East 7200 South, Spanish Fork, Utah 84660, to be the true and lawful attorney-in-fact for__________________ who was born on ________________ ("Student"), for the purpose of providing custodial care and educational and clinical services."

"The Sponsor hereby delegates to New Haven all the Sponsor's powers regarding care, custody and property of the Student that the Sponsor has as a parent or guardian, except the power to consent to marriage or adoption, as permitted by Utah law.  Without limiting or qualifying the general Power of Attorney delegated and assigned by the Sponsor in the paragraph above, the Sponsor specifically grants New Haven the following powers:"

"To provide or obtain any medical treatment and hospital care and to authorize a physician to perform any and all procedures that may appear to be medically necessary for the well-being of the Student, including without limitation the implementation of life-sustaining procedures, as determined in the sole discretion of New Haven"

"To obtain medical records or information (including any of the Student's individually identifiable health information and medical records regarding her past, present, or future medical or mental health condition, as well as any information or records governed by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the regulations promulgated thereunder) from  any physician or other medical provider who has treated or consulted with the Student at any time, or from any other person who for whatever reason as access to or possession of such records, and to execute releases therefore"

"To guided and discipline the Student as deemed necessary and reasonable by New Haven in its sole discretion (not to include corporal punishment)"

"To physically restrain the Student should she become a danger to herself, or anyone else, as deemed necessary by New Haven and its employees in their sole discretion"

"To allow the Student to participate in various activities which may commonly risk physical injury, including but not limited to traveling, horseback riding, river rafting (Class 3 or lower), swimming, boating, waterskiing, snow skiing, hiking, biking, contact sports, four-wheeling, snowmobiling, sledding, camping, ropes course, rappelling, rock climbing and other various forms of recreation and athletics in addition to various experiential therapies"

"To pursue all reasonable options to find and detain the Student upon her abandonment of the New Haven program, as determined in the sole discretion of New Haven."

"This Power of Attorney lasts even in the event of the Sponsor's disability and shall be effective until the earlier of (a) six (6) months from the date hereof or (b) the discharge of the Student from New Haven.  The signature of an authorized agent of New Haven, as attorney-in-fact, indicating acceptance of the delegation of Power of Attorney and concomitant responsibility for the care of the Student follows."

"I certify that on this ____ day of ____ 20__,  ___________________________, who is known to me or who presented satisfactory identification, has, while in my presence and while under oath or affirmation, voluntarily signed this document and declared that it is true."

HEAL Comments/Concerns

New Haven requires parents to assign their parental authority over to New Haven while accepting none of the responsibility for the welfare of the child or any harm (up to and including death) that may come to the child while enrolled at New Haven.  This is a serious concern as the terms appear to be quite unconscionable.  HEAL is relieved that New Haven resigns the authority to marry off girls enrolled in their program.  However, overall New Haven is best to be avoided.

It is a serious concern that New Haven can agree in the parents' stead to a child participating or being used in medical or psychiatric drug or other experiments.  Parents should only authorize care-givers to provide authorization for emergency medical care and should require all other medical services to be approved by the parents prior to any dispensation of medication or obtainment of services.  New Haven is not a medical facility and families should not provide medical records, protected health information, or other sensitive and identifying information to New Haven or any program that is not legally required to honor the confidentiality of that information.

How does New Haven define guidance and discipline?  This is a serious concern as often "guidance" is a euphemism for using pressure points and other painful stimulation to force a child to comply with the program.  And, discipline is often far more punitive than the contract suggests.  So, these are serious concerns.

New Haven claims to not use corporal punishment and then claims they do use physical restraint.  Restraint and "takedowns" are often used when unnecessary in programs like New Haven and such programs often avoid using de-escalation techniques that would deter the use of physical force.  Some programs have claimed that refusing to follow program directions, which are claimed to exist for the "safety" of the children, is putting the child or others at risk of harm.  And, this is one word game they play to allow for the use of physical force when it is not necessary and actually detrimental to the welfare of the child.

New Haven includes "work experience" and manual labor as part of their so-called "experiential therapies".  This is a serious concern and parents should investigate whether or not New Haven is in compliance with child labor laws.  Most likely, it is not.

Does New Haven or do the parents even have a right to detain a teenager against her will without due process of law?  This is a serious concern and the Milonas and Rice v. Provo Canyon School federal court decision shows that the courts do not believe parents have the right to place their children in private detention centers in violation of the child's due process rights. 

It is important to read all of any document before signing it.  Please read any contracts you consider signing carefully.  By "voluntarily" signing away your child's rights and your family's rights, you are putting you and your child in harm's way.  This is a serious concern.

Page 20 Quotes

"EXPRESS ASSUMPTION OF RISK AGREEMENT"

"BY SIGNING THIS AGREEMENT YOU, THE UNDERSIGNED PARTICIPATE (OR GUARDIANS OF PARTICIPANT), ARE WAIVING CERTAIN LEGAL RIGHTS."

"The following undersigned individuals being either (a) an individual of at least 18 years of age, or (b) the parent or guardian of a minor child ("Guardian"), do hereby affirm and acknowledge that they have been fully informed of the inherent hazards and risks associated with the recreational activities offered or sponsored by New Haven Residential Treatment Center ("New Haven"), in which they may participate.  Each of the parents or guardians, the minor child, or the adult student is referred to herein as a "Participant"."

"In consideration for being permitted to participate in any way in any Activity, Participant and/or Guardian hereby agrees, acknowledges and appreciates that:"

"Participant and/or Guardian acknowledge and agree that the Activities involve various inherent risks and may be extremely hazardous and that these risks are impossible to eliminate fully by even the most prudent and careful conduct on the part of New Haven.  Participant and/or Guardian expressly covenant that Participant's participation in any Activity is of Participant's own free will and Participant and/or Guardian assume all risk associated with such participation.  Inherent hazards and risks include but are not limited to:"

"Significant injuries, including the potential for serious physical and/or mental trauma or injury, including but not limited to broken bones, concussions and other head-related injuries, loss of limb, paralysis and even death"

"Minor injuries, including but not limited to sprains, bruises, burns, cuts, abrasions and whiplash"

"Injury resulting from Participant's fatigue, dizziness or lack of physical coordination"

"Injury resulting from Participant's inability to follow instructions or act in a manner consistent with Participant's abilities"

"Injury to person or property resulting from Participant's own negligence and/or the negligence of others, including employees, agents, volunteers, independent contractors or representatives of New Haven, including but not limited to operator error and guide decision-making errors, which may include misjudging terrain, rapids, weather, trails or route location"

"Risk of equipment failure and/or malfunction"

"Natural hazards including but not limited to surface or subsurface conditions of the property surrounding the site of the Activity"

"Risks inherent in outdoor Activities, including but not limited to impact of the body upon the water, injection of water into body orifices, encountering or collision with objects either natural or man-made, and attacks by or encounters with insects, reptiles and/or animals"

HEAL Comments/Concerns

New Haven has likely not explicitly explained their methods to families and on page 21 (reviewed below) require families to waive their rights for injuries (up to and including death) from both "known and unknown" risks and hazards.  The use of the word "unknown" on page 21 clearly identifies that there are risks that have not been expressed to the families at the time of signing the waiver/release form [Exhibit H].  This is a serious concern and further suggests deceptive practices on the part of New Haven RTC.

New Haven is not a voluntary program and children are placed in the program on an involuntary basis.  Claiming a child is participating in an activity or that parents have agreed to give New Haven authority to permit a child to participate in any activity (known or unknown to the parents) puts a child in harm's way.  This is wholly unacceptable and one of many reasons parents should avoid New Haven RTC.

Parents are paying greater than Harvard tuition for their child's "treatment" at New Haven.  And, this should suffice as sufficient consideration for New Haven safeguarding children and families from unreasonable risks of harm and trauma.  The fact that New Haven fails to safeguard or assume responsibility for such safeguarding raises serious concerns regarding their motives (greed/profit/etc.) and further affirms HEAL's position that New Haven should be avoided and no child should ever be enrolled in this program.

Parents have the right to waive their own rights, but, not the rights of their minor children.  Please see www.heal-online.org/legalarguments.htm for more information and consult an attorney for legal advice.  New Haven's terms encourage and/or aid parents to arguably violate the law and the rights of their children.  This shows a lack of care and concern for the law, legal standards, and child welfare.  Parents should avoid New Haven.

It is a serious concern that New Haven admits that their methods present an inherent risk of mental trauma.  Psychological harm is serious and debilitating.  Many adult survivors of programs like New Haven report suffering anxiety, post traumatic stress, and a variety of other issues directly related to the abuse and trauma experienced at New Haven and similar programs.  By avoiding responsibility for mental and physical harm (up to and including death), New Haven shows that it is not interested in protecting or respecting the rights and welfare of children in its care.  Please do not enroll your child in New Haven and remove them if they are currently enrolled.

Programs like New Haven often operate like a domestic abuser on a larger scale.  And, often a child is blamed for any physical abuse or other trauma they may suffer instead of the adults holding themselves accountable for their own misconduct.  This will be discussed in greater detail when we review page 21 below.  Children, and certainly young women, should not be conditioned to accept physical or verbal/mental abuse.  This is detrimental to the well-being of these young women and no child should be entrusted to New Haven.

In the above description, New Haven begins to disclaim and require waiver of a family's right to sue in the event of their own employees or agents negligence.  This is expanded to encompass gross negligence and intentional misconduct on page 21 which will be discussed below.  This is as serious concern and no family should ever waive their rights or give so much freedom from liability to anyone entrusted with the care of children.  This is a serious concern.

New Haven has a responsibility to maintain proper equipment and discontinue use of faulty equipment.  The fact that they ask families to excuse them of this responsibility is another unconscionable term and raises serious concerns regarding New Haven's standards and practices.

Survivors from other programs have reported being drowned and revived as a punishment.  This was reported by a survivor of a program in Mississippi.  HEAL finds it a serious concern that New Haven includes "injection of water into bodily orifices" in this waiver due to the issues at other programs.  And, we continue to advise against contracting with New Haven.  New Haven does not advertise itself as a wilderness program but contains terms generally applied to wilderness programs.  This is a serious concern as it suggests New Haven may also be operating as a wilderness program or taking children off-site for activities.  Often, programs will schedule such excursions on days they are scheduled for inspection to ensure that the children are not available to be interviewed by oversight agencies.  This is one of many reasons programs like New Haven are best to be avoided.

Page 21 Quotes

[Exhibit H cont.]

"Risks inherent in handling trained animals, especially horses, including the propensity for animals to behave in dangerous ways that may result in injury to Participant regardless of the animal's previous training and past performance, including the propensity to run, buck, bite, kick, shy, stumble, rear, trample, scratch, peck, fall, make unpredictable movements, spook, jump, butt, step on a person's feet, push or shove, all without warning or apparent cause"

"Risks associated with exposure to outdoor elements, including but not limited to avalanche, rock fall, inclement weather, thunder and lightning, severe and or varied temperature and all other natural conditions"

"Risks associated with exposure to cold or hot weather, including but not limited to frostnip, frostbite, heat exhaustion, heat stroke, sunburn, hypothermia and dehydration"

"Risks associated with accidents or illnesses that occur in remote places where there are no available medical facilities."

"Participant and/or Guardian understand that the description of these risks is not complete and that unknown and unanticipated risks may result in injury, illness or death to Participant."

"Participant and/or Guardian willingly agree to comply with all rules established by New Haven while participating in any Activity."

"Participant and/or Guardian, as applicable, hereby acknowledge that they are solely responsible for any hospital, medical or treatment costs arising out of any personal injury sustained by way of Participant's participation in any Activity."

"With respect to any and all injury, illness, disability, death, or loss or damage to person or property, Participant and/or Guardian, as applicable, for themselves and on behalf of their executors, administrators, heirs, next of kin, representatives, successors and assigns, and family members (collectively, the "Releasing Parties"), agree to protect, defend, hold harmless, and indemnify, and do release, remise and forever discharge New Haven and its successors, assigns, affiliates, present and former direct and indirect owners, employees, volunteers, independent contractors, managers, trustees, consultants, board members, officers, directors, attorneys, agents and other representatives (collectively, the "Released Parties") from and against any and all claims, actions, causes of action, proceedings, suits, costs, liabilities, damages, and expenses, whether known or unknown (including but not limited to all direct, special, incidental, exemplary, punitive, and consequential damages, losses of any kind and attorneys' fees), and however caused, including without limitation by intentional, reckless, negligent or grossly negligent conduct (collectively, "Claims"), that are based upon, result from, and/or relate in any way to Participant's participation in any of the Activities, including without limitation with respect to transportation to and from any such Activity.  Additionally, and without limiting the foregoing, Participant and/or Guardian, as applicable, for themselves and for all of the other Releasing Parties, waive any Claims, whether individually or collectively, may now or in the future have against New Haven or any of the other Released Parties with respect to the matters released hereunder, and agree not to initiate or prosecute or continue any Claim of any kind whatsoever against any of the Released Parties in any court or otherwise with respect to the matters released hereunder, including but not limited to any Claim under any common law, whether in law or equity, or federal, state or local statute, ordinance or rule of law."

HEAL Comments/Concerns

How often do the girls get to ride the horses?  Is the primary interaction with the horses as ranch-hands and not for recreation?  This is a serious concern because it reaffirms the possible violation of child labor laws at New Haven.  Since the staff are not accountable for their intentional and/or reckless misconduct which could arguably include startling or "spooking" horses causing likelihood of injury, this creates an unreasonable risk of harm and further suggests an unconscionable contract.  This is a serious concern.

New Haven does not accept responsibility for providing necessary protective gear and placing children in conditions where injury due to exposure to extreme heat, cold, and "natural" conditions are likely to occur.  Many children have died of dehydration and/or have suffered serious injury in wilderness programs throughout the United States.  This is a serious concern and since New Haven refuses responsibility for protecting the welfare of children enrolled at New Haven, parents should avoid it and remove any child currently enrolled.

New Haven chooses the locations where they take children in their program and should assume responsibility for any harm that may result from those choices.  It is a serious concern that New Haven refuses to take any responsibility for the welfare of children and places the full burden on the families while assuming the rights of the parents.  These are unconscionable terms and raise serious concerns.

New Haven admits that their are unknown and unanticipated risks involved in their methods.  In the previous page review above, New Haven claims that parents are expressly informed of all risks.  However, this is disclaimed in page 21.  This is a serious concern and suggests deceptive practices on the part of New Haven.

Children are forced/coerced to participate in New Haven activities.  And, this shows that such participation is not voluntary on the part of those children.  Therefore, claiming that participation is voluntary on the part of the child is false.  In addition, being that some of the risks/activities are reportedly unknown to the parents, claiming that the parent's consent is informed in regards to all risks is also false.  This contract provides no protection or arguably no legitimate service in exchange for the high costs to the families.  And, this is unconscionable and a serious concern.

New Haven should accept responsibility for any harm caused by New Haven's own wrongdoing.  New Haven's unwillingness to accept responsibility and liability for such harm further affirms that New Haven is a scam and best to be avoided.  Please do not enroll your child at New Haven and rescue her if she is there now.

In the main contract, it claims that Exhibit H governs in the event the main contract and Exhibit H differ.  And, they do differ greatly.  For instance, in the main contract New Haven implies it accepts responsibility for injuries resulting from gross negligence on the part of its agents and employees.  However, in Exhibit H and on this page, New Haven disclaims and demands to be indemnified and held harmless for its misconduct "including without limitation by intentional, reckless, negligent or grossly negligent conduct" on the part of its agents, employees, owners, directors, attorneys, and independent contractors.  This is a serious concern and shows that New Haven does not care about any harm they may and do cause because they believe their contract protects them from any civil or criminal actions even when they intentionally cause injury or death to a child.  This is a serious concern and no family should enroll any child at New Haven.

Page 22 Quotes

"By entering into this Release Agreement, Participant and/or Guardian, as applicable, are not relying on any oral or written representation or statements made by the Released Parties, other than what is set forth in this Release Agreement."

"Participant and/or Guardian, as applicable, agree that any and all disputes between them and New Haven or any of the other Released Parties arising from Participant's participation in any Activity, including claims for personal injury and/or death, WILL BE GOVERNED BY THE LAWS OF THE STATE OF UTAH and EXCLUSIVE JURISDICTION thereof will be in a state or federal court in Utah County, State of Utah."

HEAL Comments/Concerns

New Haven admits in the first quote of page 22 that they use deceptive marketing practices and that families are not to rely on any oral or written statements made by New Haven regarding their standards and practices that are not included in the release form [Exhibit H].  Like similar programs, New Haven disclaims its own marketing and other materials and admits to providing false or unreliable information to induce families into contracting with New Haven.  This is a serious concern and no family should ever do business with any business that openly disclaims its own statements.  This segment is nearly an open admission of fraud and a good reason to avoid New Haven and remove any/all children currently enrolled at this facility.

Utah is the one of the most, if not the most, corrupt states in the United States.  Judges are very "business/money friendly" and often do not protect the public interest.  This statement is based on our experiences in Utah and those of families we help at HEAL who have dealt with Utah courts.  Please see www.heal-online.org/utah.htm for additional causes of concern in regards to Utah.  Please do not enroll your child in New Haven and rescue them if they are there now.

Page 23 Quotes

"ART WORK AND PICTURE, LIKENESS AND IMAGE, AND CONFIDENTIALITY RELEASE"

"I, _________________, grant to New Haven Residential Treatment Center, ("New Haven") and its parent, subsidiaries, and other affiliate companies (collectively, the "New Haven Companies") the following rights with regard to my daughter ____________."

"I give permission for my daughter's art work to be photographed and/or displayed at New Haven and to be used for conference presentations, in print and online marketing materials and in connection with any other publications of the New Haven Companies, and I release the New Haven Companies from any claims or liabilities that may arise from such."

"By signing this waiver and release, I grant permission and a worldwide, irrevocable, perpetual, royalty-free license to the New Haven Companies, and to their employees and agents, to use my daughter's artwork for advertising and marketing in various media, including but not limited to television, internet, video and print media, for use in conference presentations, and in connection with any other publications, at the discretion of the New Haven Companies.  I grant this permission and license with the understanding that the New Haven Companies will not materially alter the original artwork or images."

"I grant the New Haven Companies permission for my daughter's photograph, visual likeness, image, or voice to be used for conference presentations, in print and online marketing materials and in connection with any other publications, and I release the New Haven Companies from any claims or liabilities that may arise from such use."

"By signing this waiver and release, I grant permission and a worldwide, irrevocable, perpetual, royalty-free license to the New Haven Companies, and to their employees and agents, to take and use photographs, and visual/audio images and likenesses of my daughter for advertising and marketing in various media, including but not limited to television, internet, video and print media, for use in conference presentations, and in connection with any other publications, at the discretion of the New Haven Companies."

HEAL Comments/Concerns

Parents have the right to waive their own rights, but, not the rights of their minor children.  See www.heal-online.org/legalarguments.htm for additional information.  The above waiver and release to use confidential information related to so-called "treatment" at New Haven negates any implication of abiding by HIPAA or protecting the privacy of children enrolled in the program.  This is a serious concern and shows the profit-motive of New Haven and the fact that New Haven is willing to exploit their clients from whom they already receive far too much compensation.  No parent should sign any such release in regards to their child and should not permit any program to use their child for self-promotion.  It is an additional concern that New Haven is a prominent member and participant in NATSAP and the AACRC and such an association further brings into question those organizations and their affiliates (i.e. CAFETY).

Page 24 Quotes

"All visits must be pre-approved by Parent(s)/Guardian(s), Treatment Team and/or Therapist"

"Calling privileges are permitted according to Levels Program"

"E-mail may be received but not sent by Student"

HEAL Comments/Concerns

It is a serious concern that parents cannot visit their child without permission from New Haven.  This is a warning sign of an abusive program.  Often, programs like New Haven will deny visits in order to cover up noticeable injuries or provide time for recovery for injuries to avoid suspicion or reporting to the authorities by the families.  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 serious concern that New Haven denies telephone access and uses a level system.  Both are signs of an abusive program.  A child who cannot call "911" or report abuse to family or the authorities is placed in harm's way without opportunity for outside help.  Please see www.heal-online.org/warn.htm for additional warning signs and questions you should ask any program you consider for your family.  For more information on problems with the use of a level system and what it implies regarding New Haven, see www.heal-online.org/ebook.pdf and www.heal-online.org/brainwashing.pdf. 

New Haven's restrictions on communications with the outside world are cult-like and suggest an overly oppressive and violative environment.  Please do not place your child in New Haven and rescue them if they are there now.

Pages 27-29 Quotes

"Welcome to New Haven!  The following is a consent form for an important research project we are conducting that evaluates the outcome of the treatment we provide to you and your daughter."

"In addition, we are collaborating with the National Association of Therapeutic Schools and Programs [NATSAP], contributing our data to a larger database containing information from many residential programs across the country." [end of page 27 quotes]

"In addition, the data we collect will be shared with the National Association of Therapeutic Schools and Programs (NATSAP, www.natsap.org)."

"We are asking you for permission to use the data from those forms already completed by you and your daughter for research purposes (including sending that data to NATSAP's research coordinator)."

"For your participation, each of you and your daughter will receive $10 each time you complete the forms after discharge...The forms can be completed online via a website that has been set up for the study, and/or forms can be mailed to you to complete."

"The greatest benefit of the study is to improve the program to provide better help to adolescents who enroll at New Haven.  Incidentally, you will also receive a ten dollar ($10.00) incentive to complete each series of questionnaires we ask you to complete after your daughter's discharge from New Haven." [end of page 28 quotes]

"New Haven Residential Treatment Center and The University of New Hampshire seek to maintain the confidentiality of all data and records associated with your participation and research.  You should understand however, there are rare instances when the researcher is required to share personally-identifiable information (e.g., according to policy, contract, regulation).  For example, in response to a complaint about the research, officials at the University of New Hampshire, designees of the sponsor(s), and/or regulatory and oversight government agencies may access research data."

HEAL Comments/Concerns

HEAL advises against participating in any research study conducted by New Haven as New Haven is not obliged to protect your confidentiality and this is a serious concern.

In addition, there are serious problems with NATSAP.  You may learn more by watching the Congressional Hearings available at www.beyondbusiness.net/congress.htm and www.beyondbusiness.net/congress2.htm.  NATSAP stated in a 2009 e-mail to HEAL, "NATSAP  does not have the authority to impose sanctions on a facility nor do we have the expertise and resources to conduct appropriate and thorough investigations into complaints against our members. "  NATSAP is nothing more than a "trade membership organization" and sharing confidential data with them is not a wise idea. 

$10 is laughable compensation for the extreme risk of confidentiality and privacy violations that may occur as a result of participating in such a study.  In addition, New Haven charges far too much for their disclaimed "services" and it is advisable to avoid New Haven and all affiliated/cooperating programs and organizations.

Based on all of the issues addressed on this review and survivor/family reports we have received regarding New Haven, we recommend no one place any child in New Haven and rescue/remove any children currently enrolled in this program.