FREQUENTLY ASKED QUESTIONS
Frequently Asked Questions about the Troubled Teen Industry
Why are there are so many different types of troubled teen programs?
There are so many different types of troubled teen programs because all these facilities fall outside the definition of regular (i.e. normal) healthcare and educational facilities. They are not, for example, regular hospitals or regular boarding schools. They operate outside these definitions primarily to avoid licensing, inspection, and regulation. People reasonably expect these facilities to be subject to the same laws and regulations as other schools, hospitals, etc but they are not.
How many U.S-owned troubled teen programs are there abroad?
This is unknown. Nobody in authority keeps track of this information. We are unable to offer an estimate on the number of U.S-run troubled teen programs operating on non-U.S soil at this time.
How many teenagers are held in troubled teen programs?
Because the U.S. Government doesn’t know how many of these facilities exist either inside the United States or overseas, it is consequently the case that no-one knows how many teenagers are privately incarcerated in them by their parents at any one particular time.
Estimates vary wildly, from 10,000 to 100,000 teenagers.
The best data we have available was provided by NATSAP to the Congressional Inquiries. They asserted that in 2006, approximately 16,000 teenagers were being held in 180 programs that their organisation listed. However, there are potentially many hundreds more programs than those listed by NATSAP. We believe that realistic estimates should consequently be around 50,000 at this present time.
Are all the children held in these facilities American citizens?
The overwhelming majority of teenagers held in these facilities are American citizens.
However, we are aware of citizens of the following countries also having been involuntarily interned in these facilities by their parents, often in direct contravention of those country’s laws: Canada, Mexico, Jamaica, the United Kingdom, France, Germany, Australia, Japan, Hong Kong, and Brazil. Potentially there are many more countries involved; making this a truly international incident.
Is it legal for American children to be held in these facilities?
Sadly, yes.
This is due to the uniquely high level of ‘parental rights’ in present in American law and culture. Parents (or legal guardians) delegate their parental powers to programs via power of attorney, which enables the program to act in loco parentis.
However, it should be stated that this delegation of parental rights by power of attorney is far beyond the scope of the original intention of the law, and as such it is considered by some legal scholars to be illegal; though a test case in this area is presently unlikely.
Despite this, parental rights – and therefore their delegation – are not absolute. Parents are required by U.S. law to act reasonably; which is legally considered to mean a requirement to act in the best interests of the child and to act in good faith towards their children. If it can be established that a parent did not act accordingly, then the parent(s) make themselves liable to criminal and/or civil prosecution, by the state and/or their child.
Note: Some teenagers might be court-ordered to attend a program in lieu of a jail sentence.
Is it legal for American children to be held in these facilities?
Sadly, yes.
This is due to the uniquely high level of ‘parental rights’ in present in American law and culture. Parents (or legal guardians) delegate their parental powers to programs via power of attorney, which enables the program to act in loco parentis.
However, it should be stated that this delegation of parental rights by power of attorney is far beyond the scope of the original intention of the law, and as such it is considered by some legal scholars to be illegal; though a test case in this area is presently unlikely.
Despite this, parental rights – and therefore their delegation – are not absolute. Parents are required by U.S. law to act reasonably; which is legally considered to mean a requirement to act in the best interests of the child and to act in good faith towards their children. If it can be established that a parent did not act accordingly, then the parent(s) make themselves liable to criminal and/or civil prosecution, by the state and/or their child.
Note: Some teenagers might be court-ordered to attend a program in lieu of a jail sentence.
Is it legal for non-American children to be held in these facilities?
This depends on the laws of the particular country in which a child normally resides (i.e. their citizenship status).
If the child is from the United Kingdom or a European Union member state, it is illegal to remove a child under the age of 16 from their home country against their will, or to otherwise keep them held in another country – especially in an institution – against their will. A criminal offence is committed by undertaking these very acts themselves; though parental motives might be considered to be mitigating or aggravating factors in sentencing. Ignorance of the law is not a defense.
Potentially serious criminal charges can be brought against you, which could see you facing imprisonment if you remove a child from their home country, or hold a child against their will abroad.
For children aged 16 and 17 in the United Kingdom and the European Union, the same information applies, although the law expressly guarantees significant independence of children at these ages from their parents; save in very few circumstances (e.g. marriage). At this age, parents do not have the right to sign on their child’s behalf.
Is it legal for non-American children to be held in these facilities?
This depends on the laws of the particular country in which a child normally resides (i.e. their citizenship status).
If the child is from the United Kingdom or a European Union member state, it is illegal to remove a child under the age of 16 from their home country against their will, or to otherwise keep them held in another country – especially in an institution – against their will. A criminal offence is committed by undertaking these very acts themselves; though parental motives might be considered to be mitigating or aggravating factors in sentencing. Ignorance of the law is not a defense.
Potentially serious criminal charges can be brought against you, which could see you facing imprisonment if you remove a child from their home country, or hold a child against their will abroad.
For children aged 16 and 17 in the United Kingdom and the European Union, the same information applies, although the law expressly guarantees significant independence of children at these ages from their parents; save in very few circumstances (e.g. marriage). At this age, parents do not have the right to sign on their child’s behalf.
Is it true that parents hire people to come and ‘kidnap’ their children to these facilities?
Yes, this is also sadly true. They are referred to as ‘troubled teen transporters’, ‘escorts’, or by the slang term ‘goons’.
No-one knows how many of these companies exist, but it is believed to be over 20. These companies are not regulated or subject to any specific laws. In fact, one very well-known ‘troubled teen transporter’ is a twice-convicted child molester and alcoholic.
It should also be noted that as parents delegate parental rights via power of attorney to ‘transporters’, they legally enjoy the same civil and criminal immunity that a parent would normally enjoy. This means that ‘transporters’ cannot be sued for negligence even if a child dies in their care. This is something most companies do not divulge, and something most parents do not realize.
What are the reasons behind parents sending their children away to these facilities?
There are too many possible reasons to list here. Sometimes the reason revolves around one or two issues, whereas sometimes it involves a multiplicity of issues. There are broadly three categories which explain parental reasoning – as shown below – with some examples for each category:
1) Legitimate reasons: Heavy drug-use; using very dangerous drugs; alcoholism; criminality; gang involvement; and violence.
2) Over-reactive reasons: Minor drug experimentation; minor/moderate truancy; falling grades; mild depression; and normal teenage rebellion.
3) Completely illegitimate reasons: Being gay, lesbian, bisexual or transgender; not believing in ‘god’; not attending church or following a particular religion; or choices in clothing, music and personal tastes.
There is evidence to support children having been sent away for all the above reasons; it is not simply conjecture.
What are ‘educational consultants’?
‘Educational consultants’ are supposedly experts in either educational and/or behavioral healthcare provision for teenagers. They claim to offer an independent service – for a substantial fee – to parents looking for specialized educational and/or behavioral healthcare for their children.
However, the reality is that many ‘educational consultants’ are not qualified in education or behavioral healthcare; and neither are they licensed teachers, therapists or counsellors, etc. Anyone can call themselves an education consultant! It is yet another aspect of the troubled teen industry which is subject to no regulation whatsoever, and as a result, parents get conned and children get harmed.
Do educational consultants get kickbacks from programs?
We cannot say that every educational consultant gets kickbacks from programs, but many do.
There are a lot of educational consultants who take hundreds, or thousands, of dollars from families under the pretence of providing a bespoke and independent service, when in fact they only ever refer families to programs which are paying them hundreds, or thousands, in kickbacks.
Educational consultants are best understood as an extension of a program’s marketing arm.
Programs that are desperate for custom regularly use educational consultants for this purpose – and frequently these are programs that have had a bad press – which means the job of the educational consultant is to ‘hard-sell’ the program the parent, who would otherwise probably avoid the program like the plague.
What kind of licenses do programs have?
Shockingly, many programs have no licenses at all – and many more do not have the correct licenses they should have obtained!
Because each program varies in what it provides, different programs require different licensing. However, programs should have one or more of the following licensed for the below-stated reasons:
A residential license – any program where a teenager will be residing on the premise for any period of time should have a residential license. This is because any residential premises should meet health and safety requirements (e.g. fire safety and electrical safety regulations) and provide adequate standards of provision (e.g. clean, warm, living facilities; and appropriate shower and bathroom facilities, etc). If it does not have this license, the facilities are likely unsafe and unsuitable.
A psychological or behavioral healthcare license – any program providing any psychological, emotional or behavioral support, including support for learning challenges or disabilities, should have a license to provide these services. If a facility does not have this license, then you should not consider it to be a legitimate treatment facility.
An educational license – any program providing any form of education to teenagers should have an educational license. If it does not, the education provided is likely a sham.
A drug or substance abuse treatment license – any program providing drug or substance abuse treatment services or counselling require this license. If a program provides these services without such a license, then it is not providing legitimate care.
There is never an excuse for a program not to have correct licensing. If they are legitimate facilities, then why would they not be able to easily acquire a license?
Please also be aware that many facilities advertise themselves as “licensed residential treatment programs”, when in fact, they only have a residential license and not any treatment licenses. You must check all program licenses.
Are there any scientific studies showing the efficacy of troubled teen programs?
Programs regularly claim to have research which demonstrates how effective their program, or their particular type of program, happens to be. However, almost all of these studies are directly funded by programs or their parent companies and are therefore biased; because the studies show exactly what the programs want the studies to show. Additionally, these studies are riddled with methodological problems which do not stand up under scrutiny. For a detailed explanation of these matters, please see ASTART’s review of studies in this field.
The U.S. Surgeon General has declared that there is no evidence to support the efficacy of any troubled teen program; and furthermore, some programs which have previously been praised in these pieces of research for their “treatment modalities” have since been closed down by authorities for having dangerous and damaging treatment modalities.
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