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Name: | Chris Potter
([email protected])
| | Date: | 4/23/2013 2:26:08 AM | | Subject: | Keep her out of there, if you can | | | I don't know you, but what you say concerns me, and I felt I had to reach out. I wound up writing more than I intended. These are just my personal thoughts, I am not a legal professional, but have been involved in a couple situations like this to varying degrees.
From this same “Heal” site:
http://www.heal-online.org/meridell.htm
There are definite problems. It sounds like they like to zonk the kids out on drugs so they can mange them easier.
It also seems like they might be “front-loading” the google search so the first several search results are favorable. This is possible to do with the right software.
The handbook for inmates:
http://www.meridell.com/pdf/Program-Handbook-Bunk-Ranch-LaCasa.pdf
It maybe isn't one of the worst facilities, but it doesn't sound any better than being locked in a medium-security prison.
It is supposedly non-denominational, but seems to have pretty repressive rules and dress codes, and seems to be run more as if it were a fundamentalist religious school. There are several things about the handbook that bother me. It seems like a very repressive and controlled environment that likely may leave her in a worse state than when she came in.
I also notice they can control who the inmate communicates with on the phone or by mail. It also sounds like the “Level 2 suspension” is essentially solitary confinement.
The two things that you'll NEVER hear these places admit are:
(1) That the “child” doesn't really need treatment at their facility (they want to make money, and will come up with some reason why the “child” needs “help”.)
(2) That the parents are partly to blame for the problems. (The parents are usually the ones paying.)
The only good news is, that USUALLY most of these places will release the “child” immediately upon their 18th birthday. (Notice they want a copy of the “child's” birth certificate.) Normally the “child” will be put in a cab back to the airport, the day before their birthday. There are too many legal and liability issues involved with keeping a legally adult 18-year-old against their will. With only 4 months until her 18th birthday in August, at least it won't be a long stretch. Once she is 18, she can also tell her dad to go take a hike, and probably even get a restraining order to keep him out of her life.
But, there are some tricks they might pull to keep her longer, such as brainwashing her into thinking she needs to stay longer, or getting her so doped up she doesn't know what she's doing. They could also claim she is “a danger to herself or others”, the main reason why an adult can be kept against their will. I would advise her not to say or do anything that they can use against her; so they can say she is suicidal, violent or could harm others. This could be a very touchy situation.
But usually these facilities will let inmates go at the 18th birthday. They want minors that they can control without legal repercussions, and will look for another minor with rich parents to take her place.
If she isn't freed immediately on her 18th birthday, I would demand to speak with her, preferably face-to-face, if this facility is close enough; and assure that she isn't being held against her will. As her aunt, you should be closely enough related so that they should allow you to do this. If they don't, I would considering contacting a lawyer. Social services might also be helpful, but only if they aren't in the facility's back pocket.
Another possibility is the she could sue for emancipation from her father. If you agreed to provide a residence for her until her 18th birthday, and considering that it is only 4 months until her 18th birthday, a reasonable judge might accept an emancipation. It is probably going to depend on if she actually has bona-fide mental problems; or if this is just a power struggle with her father, with her father trying to get her to obey his will. (Note that a lot of these facilities will go along with a situation like this, claiming the “child's” problem is “disobedience”.) I wouldn't try to initiate an action like this, without at least consulting with a lawyer, and very likely plan on hiring one to represent her.
If you really want to play hard ball with your brother, you could also sue for guardianship. If you already have a poor relationship with him anyway, this could be a possibility, but will doubtlessly cause bad feelings long into the future. Again, part of this is predicated on if she actually has mental problems, or this is just a power struggle with her father. A guardianship action might claim that sending her to a facility is merely an unnecessary attempt at intimidation, that her father is being excessively controlling, hence he is emotionally abusive, and therefore not a fit parent. Obviously this could get nasty and involve big legal bills if pursued all the way. If her father has ever been abusive to her in other ways, particularly if there is some degree of proof, it might not be too hard too win. But anyway, things probably wouldn't be resolved until long after she's already 18.
Also note that recent decisions have made easier to sue a mental health doctor for malpractice. Even if they've already diagnosed her, it is possible to get a second opinion. An improper diagnosis for the purpose of keeping her there could leave her branded for life.
You probably don't want to initiate anything too legally complex or expensive. But by taking legal action, you might at least be able to delay things until she is 18, or at least so close the facility won't be interested in taking her.
Good luck. I would hate to see her locked away in a repressive facility, if it really isn't warranted. She lucky that she has someone to advocate for her, too many are completely alone. Many of these facilities are more interested in taking parent's money than actually helping.
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