Regular readers of The New York Times know that columnist Nicolas Kristof is a forceful advocate on behalf of human rights around the world. In his column on Thursday, January 28th — “Kids in Crisis (Behind Bars)” — he addresses serious human rights abuses that don’t require a trip half-way around the world to discover.
Instead, he addresses one of the most gut-wrenching aspects of our broken, dysfunctional criminal justice system — the physical and sexual abuse of children in juvenile and adult correctional facilities across the country.
This is followed by an account of a 16-year-old arsonist in an adult prison who was raped and beaten so badly he ended up hanging himself.
So we have a couple of serious problems here: prison rape, youth sexual assault, and subjecting under-18s to adult prison. Though, of course, juvenile prisons are no better.
While incredibly beside the point, I’d also want to express my annoyance at the above article’s consistent referral to teens as children, which we NYRAnians are saying ad nauseum they are NOT! Of course, maybe the label is fitting here, in another thing we point out a lot, as these under-18s are subjected to adult time for adult crimes yet when law-abiding have no adult rights or privileges. But again, this is all a little beside the point, yet still merited a mention. (more…)
In early November, NYRA’s project, the Community Alliance for the Ethical Treatment of Youth were invited to speak at the North Carolina conference of the Independent Educational Consultants Association (IECA). IECA is a trade organization representing educational consultants, many of whom refer parents (and their teens) to abusive behavior modification programs. These referrals constitute a major pipeline into dangerous, abusive and emotionally destructive programs. Despite their unusually hostile reception, it is admirable they invited CAFETY to their conference.
Reports indicate the debate was one of the most discussed and highest profile events of their conference. It was definitely an event that put CAFETY and all of us opponents of abusive behavior modification programs on the radar of educational consultants. For those interested in it, IECA described the debate.
One of the most interesting parts of the debate centered on the question of the age of medical consent. Washington state requires that all individuals 13 and up consent to medical treatment. This law, as best we can tell, has had a major impact on reducing or eliminating abusive programs in Washington state and limiting the number of Washington state youth sent to programs in other states. As people debate the benefits of regulating the residential treatment industry (especially with HR 911 on the table), medical consent is a law that NYRA, CAFETY and others have thought of as an ideal, youth rights-centered way to reduce or eliminate the harm of the troubled teen industry. I am glad to see it be a major topic of discussion at the IECA conference. (more…)
With the new DSM (Diagnostic and Statistical Manual of Mental Disorders V) coming out in 2012 , version 5 has already been marred in controversy, lack of transparency, and predictably, an increase in the number of contributors with industry ties (nearly 70%)–up 14% from the last installment. What does this mean for young people? We can probably expect more “disorders” in the near future, and with “Bipolar Disorder” crawling down into the cradle these days, the probability doesn’t seem so far off. We already have kids as young as four on psychoactive medications for conditions not proven to exist in childhood (expect them to be “proven to exist” in the near future), an over-abundance of ADHD diagnoses for kids who just need to play, and for teens, the old favorite–”Oppositional Defiant Disorder.”
What’s next? How about “Video Game Addiction,” a move to target young people by pathologizing their passtimes. How about the fact that the APA DSM revision team retained a certain professional by the name of Zucker who continues to procure psychiatric “treatments” for LGBT youth, with the belief that it is caused by “poor parenting.”
In this age where everyone and his uncle can be diagnosable, and particularly in light of all the targetted pathologizing of young people, perhaps it would be fun to throw the noose back at the society that is creating all these unnecessary “epidemics” with a taste of their own medication–a little something we can call “Over Protective Parental Disorder.” Let’s just try it on for size and see if it fits just as well: (more…)
Increasingly, children seem to have no standing in the public sphere as citizens and as such are denied any sense of entitlement and agency. Children have fewer rights than almost any other group, and fewer institutions protecting these rights. Consequently, their voices and needs are almost completely absent from the debates, policies and legislative practices that are constructed in terms of their needs. This is not to suggest that adults do not care about youth, but most of those concerns are framed within the realm of the private sphere of the family and can be seen most clearly in the moral panics mobilized around drugs, truancy and kids killing each other.
And:
As the protocols of governance become indistinguishable from military operations and crime-control missions, youth are more and more losing the protections, rights, security or compassion they deserve in a viable democracy. The model of policing that now governs all kinds of social behaviors constructs a narrow range of meaning through which young people define themselves. Moreover, the rhetoric and practice of policing, surveillance and punishment have little to do with the project of social investment and a great deal to do with increasing powerful modes of regulation, pacification and control - together comprising a “youth control complex” whose prominence in American society points to a state of affairs in which democracy has lost its claim and the claiming of democracy goes unheard.
As if hearing such a forceful defense of youth from one of the foremost advocates of our cause wasn’t enough to make my day, I noticed he also quoted me. Very cool.
So I’m doing some research on Redding v. Safford (more on that later) and I see the US Supreme Court granted certiorari to another case on the same day as Redding. It looked to be about special education and who gets the bill for it. Somewhat dry stuff from a youth rights perspective, so I was about to move on when I noticed something from the LA Times description:
An Oregon case the justices agreed to take up will decide a dispute over special education.
Federal law says schools must provide a “free appropriate public education” to students with a disability. This can include paying tuition at a private school, but it is unclear whether parents first must try a public program before they can claim reimbursement for the cost of a private school.
Last year, the 9th Circuit said the Forest Grove School District must pay the $5,200 monthly cost of a private program for a child with attention deficit disorder. The court will hear the appeal in April.
The ‘disability’ the student had was ADD. That seemed like an odd disability to require a special private school. I probed deeper.
In the case at hand, unidentified Oregon parents decided to withdraw their son from the Forest Grove School District because they felt the student was not receiving adequate education and services.
During his freshman year of high school, the boy was referred for an evaluation to determine whether he had a learning disability that qualified him for services under IDEA. The team of specialists unanimously concluded that student, known in filings as T.A., did not have a learning disability and therefore was ineligible for special education. T.A.’s mother, who attended the meeting, agreed with that determination. No one ever followed up on either the reference to “[p]ossible 504” in the psychologist’s report or the references
to “suspected ADHD” in the School District’s staff meeting notes.
At some point during the next year, T.A. began using marijuana. Eventually, his use became regular, and he exhibited noticeable personality changes. T.A. ran away from home. The police brought him back a few days later. T.A.’s parents took him to a psychologist and, eventually, to a hospital emergency room.
Dr. Fulop, a psychologist hired by T.A.’s parents, met with T.A. a number of times in early 2003. Dr. Fulop held several lengthy sessions immediately after T.A. ran away from home, and he eventually diagnosed T.A. with ADHD, depression, math disorder, and cannabis abuse. Dr. Fulop recommended a residential program.
His parents enrolled him in Mount Bachelor Academy, a residential private school that describes itself as “designed for children who may have academic, behavioral, emotional, or motivational problems.” His parents requested a hearing to require the school district to evaluate T.A. in all areas of suspected disability. A multi-disciplinary team of school officials acknowledged T.A.’s learning difficulties, his diagnosis of ADHD, and his depression, but a majority found that T.A. did not qualify under the IDEA in the areas of learning disability, ADHD, or depression, because those diagnoses did not have a severe effect on T.A.’s educational performance.
Many red flags went up after reading this, so I looked into Mount Bachelor Academy. Sure enough, the Fornits crowd have their eye on the program. It sounds like one of the behavior modification programs we all know and love (i.e. hate).
After some brief searching I have yet to find any information about the case on Fornits, CAFETY, CAICA, or ISAC. So either I’m wrong in assuming Mount Bachelor Academy or the advocate community just hasn’t been alerted yet. Well I’m happy for NYRA to break the news!
I just let CAFETY know, they/we are mobilized on it. I e-mailed Bazelon. I need to spread the word to everyone else as well. The more help the better.
This was recently posted in the Behavior Modicification board on the forums. The post tells the story of a boy sent to a treatment program by his father without the mother’s consent.
Despite this being a sad story, nothing struck me as particularly surprising about it. People send thier kids off to behavior modification programs everyday. It was only a matter of time before a kid was sent off without both parents consent. I didn’t notice anything odd until the second or third time I had read the thread. The title stuck out to me. “14 year old boy robbed from his mother and put in a program,” the title read. “14 year old boy ROBBED from his mother….”
Bill could give federal oversight to private clinics for children and would require FDA inspections
In a move that could have implications for D.C.’s troubled special education system, a panel of lawmakers Wednesday passed sweeping legislation that gives federal authorities the right to inspect private children’s clinics and schools.
The bill would require the federal Department of Health and Human Services to inspect therapeutic schools, clinics, camps and ranches every two years and to fine or shut down any outfit that fails minimum standards for safety and care. It passed the House Education and Labor Committee by a vote of 27-16.
Proponents of the measure said it would protect children and their families from fly-by-night operators who promise miracle cures to mentally ill or disabled children and then warehouse the children with little regard to their safety or welfare.
Thousands of D.C. kids have been shipped to camps and clinics all over the country for decades. There have been repeated complaints of abuse and low standards, but as The Examiner has reported, D.C. officials were hardly aware of where the kids were, let alone what was happening to them.
It’s a program that will cost taxpayers nearly $210 million this year.
Tom Kiley, spokesman for health committee Chairman George Miller, D-Calif., told The Examiner that the bill was necessary to keep kids out of harm’s way.
“A number of children from the District, like thousands of children from all over the country, have been sent across state lines to residential programs where physical, sexual and emotional abuse has occurred,” he said in an e-mail. “We want to make sure that kids are safe no matter what state or setting they are in.”
The legislation has encountered resistance from trade associations linked to the lucrative private clinic and camp industry.
Opponents of the bill said it’s an unnecessary layer of government interference imposed on an industry that’s capable of policing itself.
Miller’s bill now moves on to the full House floor for passage.
As the article said, the bill passed committee and is now going to the full House. This bill is absolutely critical for the rights of youth and their health and safety as well. All NYRA members are strongly urged to support this bill. Typically NYRA is in a position where we are arguing for rights, equality and freedom against those who are too willing to strip away freedom and equality for the idea of health & safety.
This issue however is one of the rare ones where such interests align. Moreover the issue of abuse in teen residential treatment centers shows quite clearly that denying equal rights to youth does not keep them safe but instead exposes them to more danger, more harm, and more risk. These programs generally paid for by parents who just “want what’s best for their kids” are rife with physical abuse, sexual abuse, emotional abuse and mental abuse of all kinds.
It makes me sick to think that when the country is paranoid about sexual predators lying in wait for our children on MySpace there are dozens and dozens of well documented cases of sexual abuse and much worse at these camps that doesn’t get near that level of public fear and panic. Why? Why does the media focus all their fear mongering on “stranger-danger” and the Internet instead of on real threats like Tranquility Bay, Peninsula Village, Ivy Ridge and all the rest.
I can think of only two reasons: ignorance and control.
It is plausible, and for some time I assumed this was the chief reason, that most in the mainstream media simply hadn’t heard of these programs. Hadn’t heard of the abuse that regularly occurs there. Hadn’t heard of the death, abuse, and trauma that youth are subjected to.
This can no longer be assumed.
Thanks to the amazing work of Rep. George Miller the issue of abuse in the “troubled teen industry” has gotten national press exposure. Victims have had their day in the spotlight testifying in front of Congress. Several victims who I know personally were there to testify. And, to the media’s credit, they wrote stories about the bill and did pieces on the news about it. Yet compared to the coverage devoted to MySpace, video games and any other mythical dangers for our youth this coverage pales in comparison.
So my only thought left is that the main issue here is one of control. If kids are abused, killed, and traumatized for life under the watchful eye of parents or authority figures for their “own good” then society seems to be generally ok with that. Maybe the authority crossed a line, and maybe we should keep a closer eye on what goes on there, but generally nothing to get too upset over.
If, on the other hand, a young person is abused or kidnapped because of their own poor choices, well that’s simply the end of the world. They properly supervised. They weren’t properly controlled. This is the true crime and the true danger that society fears.
This isn’t to say that when left to their own devices youth don’t make bad decisions. They do. Sometimes those bad decisions have very serious consequences. But adults make many bad decisions themselves. Obviously responsible parents, teachers and mentors need to step in to avoid or mitigate the worst and most long lasting consequences that can befall their kids, but for everything else those mistakes and bad decisions are an important part of life. The beauty of bad decisions is that each and every one of them teaches an important lesson. An important lesson that leads to far more good decisions being made in the future.
When you are put in danger by someone else (as opposed to yourself) you don’t learn anything except fear and how to cope.
Misuse of authority is some how less threatening to people than misuse of freedom. While this is no doubt an issue that affects all levels of society and all institutions, it is particularly acute and troubling for youth. Thus we have hysteria over Grand Theft Auto 4 and a passing mention of teen torture camps.
But now is not the time for more doom & gloom worrying. Now is the time for action, now is the time for optomism. While the media and public at large may still be wandering in the wilderness, Congress at least has their head on straight. HR 5876 is the single best youth rights bill in Congress in years. NYRA activists, supporters, leaders and members must do absolutely everything in their power to pass this bill.
Why do we defend the rights of youth? Among the numerous reasons, we’ve had enough of the testimonials.
So many young people come to us with their accounts of their lives at home and school. To what many people would dismiss as dramatic teenage whining, we listen. Unlike everyone else in their lives, we take them seriously. Why would they be the liars, but their parents and teachers are necessarily telling the truth? Their ages? Obviously a poor factor there. What else? Oh, you mean age was the only reason? Well, in that case, your theory is faulty, so let’s go with that the young victims are truthful.
Each year, over 2,000 children and teens die at the hands of their parents, and 350,000 more are severely abused. Why don’t we hear about this? Because, God forbid, the media or politicians make any statements pointing out fault with the traditional family. Instead, they’d rather pretend the greatest dangers to a kid are that he watches Dragonball Z and plays Mortal Kombat, and conveniently ignore that his father beats him every night. And, of course, only the former will be called into blame when he shoots up his school someday.
Young guys get hauled off to spend the night in jail because they shoved their mothers, as the police have no interest in the abuse the mother was causing beforehand, and simply tell the young victim that she had every right to do it.
Girl is forced into a psychiatric ward because her parents insist she is crazy, and the ward takes their word for it rather than testing her. The reason she is having these issues, most likely the psychological torture her parents put her through for years, is unimportant to these people.
Corporal punishment remains a legal parenting tool, even for teens. People don’t want to believe parents would hit their kids for reasons other than discipline. They’ll pretend the girl getting brutal swats from a belt on a regular basis because she disagrees with her father’s political views doesn’t exist.
And the abuse only breeds more abuse. The abused grew up with this distorted idea of love, so this is what they give, as they become abusive spouses and parents themselves. They believe their children are theirs to do as they wish with, just as their own parents believed of them. And the casualties are numerous and societally overlooked.
Don’t forget the infamous behavior modification facilities. Parents can just ship their kids off to these places if they don’t like their behavior. The facilities institute “tough love” measures to “cure” teens of undesirable behavior, but most of these places are unregulated and utilize potentially deadly restraint practices, and brutal disciplinary measures. Dozens have died, and hundreds more come out psychologically damaged. Why must they endure this? They have no trial. Their parents merely signed a form, and off they went. But does the media care? No. They’re more interested in Barack Obama’s priest’s anti-American remarks than the suffering of innocent American teens.
So it’s up to us to make the change. Once we get the voting age lowered and empower youth to realize they are entitled to the same human rights as adults, that they do not have to live as oppressed children but as capable young citizens, then we can see some real change. Kids are abused because their abusers believe them to be inferior and subhuman, and no one cares enough to tell them otherwise. Kids are property, and they believe the extremely dangerous and lethal excuse that this is for their own good.
So next time you think youth don’t need rights or that their suffering is petty, you seriously need to take a closer look. Prepare to be appalled. Prepare to be unable to sleep at night knowing the prevalence, wondering what’s going on with the young voiceless residents in your neighbor’s house. This can’t continue.
Politicians and public interest groups are always looking to protect youth. They have a long list of so-called bad guys that they believe are a danger to young people. Even if in all this, they ignore the very many actual dangers youth face every day. Maybe there are things they find much more important than the well-being of young citizens. But then, who’s going to help young people? Who really cares about them? I’ll tell you who.
That’s us! We’re the National Youth Rights Association, or NYRA for short. I’m Katrina Moncure, secretary of NYRA and board member. There I am holding my cat, Midnight.
Anyway, NYRA has many goals. We want to lower the voting age to 16. We want to lower the drinking age to 18. We want all youth curfew laws abolished. Those are our major goals, but we have lots of others, too. (more…)
It is idle to talk of civil liberties to adults who were systematically taught in adolescence that they had none; and it is sheer hypocrisy to call such people freedom loving. - Edgar Friedenberg
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