Legislative Watch
 
Bills affecting the rights of juveniles to be free from parental or institutional abuse.

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Congress

Background:  On April 20, 2005, Congressman George Miller (left) introduced HR 1738 -- "End Institutional Abuse Against Children Act" -- into the United States House of Representatives.  The bill has been assigned to the Committee on Education and the Workforce and to the Committee on International Relations.

The bill would: (1) provide $50 million in funding to states to support the licensing of child residential treatment programs. States would have to monitor the programs regularly to ensure their compliance with licensing requirements; (2) establish federal civil and criminal penalties for the abuse of children in residential treatment programs; (3) expand federal authority to regulate programs located overseas but run by U.S. companies and provide civil penalties for program operators that violate federal regulations; and (4) require the State Department to report any abuse of American children overseas.

For press release from Congressman Miller, click here.

For a copy of the bill, click here.

Share you views with Congressman Miller about this bill:
Hon. George Miller
2205 Rayburn HOB
Washington, DC 20515
(202) 225-2095
George.Miller@mail.house.gov

Share you views about this bill with your own U.S. Representative.  To look up contact information for the Representative from your congressional district, click here

Letter to Congressman Miller from the National Association of Therapeutic Schools and Programs

  Requests from Multidisciplinary Task Force re: HR 1738

- Letter from Dr. Alison Pinto asking for support for HR 1738
  * includes a letter for mental health professionals & child advocates to sign
  * includes a letter for parents to sign


Background:  On April 14, 2005, Rep. Lynn Woolsey (left) introduced HR 1672 -- Rights for Abducted Children Act of 2005 -- into the United States House of Representatives.  The bill has been assigned to the House Committee on the Judiciary.

The bill would amend the Victims of Crime Act of 1984 so that children who are victims of a "family abduction" would be eligible for victim's compensation and assistance.

For a copy of the bill, click here.

Comment:  This bill is a step forward to the the extent that it acknowledges the national problem of abductions of children by family members and moves beyond the current focus on the left-behind parent as the only victim of a family abduction.  Findings in the bill acknowledge that children who are abducted by family members suffer emotional trauma and other harm and that child psychologists classify family abductions as a form of child abuse.  However, the bill falls short of the mark to the extent that it does not include situations where both parents hire someone to abduct their child and transport the child against his or her will to a private residential facility without court approval. 

This bill offers an opportunity for conversations with the sponsoring organization -- the Polly Klass Foundation -- about the national problem of family abductions perpetrated at the instigation of both parents.  It also affords an opportunity for the consideration of legislation to regulate abduction-for-hire businesses which trap children and escort them against their will to "boot camps" or "behavior modification programs" or other businesses operating private residential programs.  An abducted child is a victim of abuse and experienced trauma regardless of whether he or she is abducted at the behest of one parent or both parents.

Please contact the Polly Klass Foundation and the author of HR 1672 to share your views with them about the lack of regulation of the the interstate transportation of children who are abducted by businesses at the behest of one or both parents.

Contact information:

Rep. Lynn Woolsey
attn: Kristen Mastro Marino
2263 Rayburn House Office Building
Washington, DC 20515
Assistant to Rep. Woolsey
(202) 225-5161
(202) 225-5163

Polly Klass Foundation
attn: Jenni Thompson
P.O. Box 800
Petaluma, CA 94953
(707) 769-1334


Montana

Background:  Senator Trudi Schmidt (left) sponsored a bill (SB 101) which, in its original version would have required state regulation and licensing of youth residential therapeutic programs. 

The bill, as amended, was approved by the Senate (28-22) on Feb. 16, 2005 and sent to the House.  The amended version only requires registration of such facilities and calls for an interim study and report to the Legislature by 2007 on the issue of mandatory licensing.

The amended bill was tabled on March 22 in the House Education Committee.  This effectively kills the bill. 

Informational Briefing: (June 2005) Senator Schmidt is holding an informational briefing at the state capitol in Helena.  Various agency heads will hear about abuses at residential juvenile facilities in Montana and about the need for state licensing and oversight.  These agencies have already heard from business owners who run these facilities and who have lobbied against licensing bills.  Senator Schmidt feels that it is time for them to hear about the other side of the issue.  At her request, the Emancipation Project has supplied information which Senator Schmidt will share with the agency representatives about abuses at unlicensed and unregulated juvenile facilities. 

Contact info for Senator Trudi Schmidt.

Background information about the bill and lobbying efforts against it:
Minutes of Interim Committee, June 29, 2004
Report of Interim Committee, October 2004
Summary of Woodbury Reports, March 15, 2005
Major Lobbying by Spring Creek Lodge, Billings Gazette, Mar. 20, 2005


Utah

Background:  Senator Chris Buttars (left) sponsored a bill (SB 176) which would have require state regulation and licensing of private "therapeutic schools" for minors.  The bill was approved (3-0) by the Senate Health and Human Services Committee on February 4, 2005 and sent to the full Senate. 

Senate Bill 176 defined these schools as residential treatment facilities catering to students "who have a history of failing to function at home and in school," private schools that offer room-and-board and "specialized supervision," or treatment programs for emotionally and behaviorally disabled youths.

A representative of Majestic Ranch, a facility housing more than 60 children ages 7 to 12, testified against SB 176 at the committee hearing.  A story in the Salt Lake Tribune reported that Majestic Ranch has been investigated three separate times for alleged abuse, resulting in one criminal charge and conviction.

Update: 3-1-05:  The licensing requirements for therapeutic schools contained in SB 176 have been merged into SB 107 by Senator Thomas V. Hatch (left). The amended bill was passed by the Legislature today. 

Update: 3-17-05:  SB 107 was signed into law by Governor Jon Huntsman today. As a result, residential facilities such as Majestic Ranch will have to be licensed by the State of Utah and will be subject to routine inspections by child protection agencies.
 

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