HEAL is an
egalitarian network of activists self-empowered to plan events, create
change, and make the world a better place for all life. Our goals
include the liberation of humans, nonhuman animals, and the earth! We
work in cooperation with like-minded organizations that put compassion
in action!
This program is
confirmedly abusive.Please
do not send your child to this program.If your child is currently enrolled at Eagle Ranch Academy,
rescue them immediately.
The background sound for
this page is an audio recording (a conversation between parents
and child at Eagle Ranch Academy in St. George, Utah in December of
2009).
This conversation exposes
cult-like seminars
(reportedly identical to the experience reported
here), beatings, drugging
children with undisclosed psychotropic drugs, humiliating punishments
that include spitting on children, and more. Please do not subject
your child to Eagle Ranch Academy and rescue them if they are there now!
Eagle Ranch Academy
repeatedly states it is not a medical facility. However it
advertises itself as such
online.
This is additional evidence of deceptive marketing practices.
Check out the staff and
background information for Eagle Ranch Academy,
click here.
On January 5th, 2010, we
received the following postcards sent from a girl currently held against
her will at Eagle Ranch Academy. We are working around the clock
to aid in the rescue of this girl. Her postcards detail cult-like
(fake) personalities and the limitations on what she is allowed to write
home. The audio on this site is of the girl and her family.
Also, the postcards evidence that all letters/cards are not being sent
or delivered as promised by Eagle Ranch Academy. These are her
words:
Lexy writes about all of the other postcards she sent ( I
never got) and her frustration in not hearing from me. (
because I never got them) She talks about how she would
like to write more, but they won't allow her to write
freely.
She speaks about the meds they put her on because she wasnt able
to sleep and that at the time she sent this particular
postcard, that the medicine was not working.
I wanted you to be aware that this letter was sent after I
went to see her on the first week in Dec ( when we made the
recording ) so when she writes to me 'not to send her
anything' to 'save it for myself' what she is REALLY telling
me is to keep that money and use it towards an attorney
since she is aware money is tight and that my income can't
compare to her fathers.
She also says she hopes to 'see me for Christmas' but
'UNDERSTANDS if I can't see her '.
We spoke when I visited her & she understood at that
time that when I began the process of getting her removed
from ERA , the first thing ERA would do would be to shut
off any contact with one another.
Submitted with Postcard from Lexy's mother.
Eagle Ranch Academy has barred contact between Lexy and Jamie
at this time without the legal right to do so. HEAL is in
the process of assisting in the rescue.
One thing for you to note on this particular postcard is the
#3 that is circled with a 4 beside it. When I visited
Alexis, we agreed we would start marking each postcard to
one another so that we would be able to distinguish if we
were receiving all postcards that we sent to one another.
That means that this postcard was #3 out of 4 that she had
sent me.
I have never received postcard # 4.
You now have ALL correspondence from my daughter to me since
she was first brought to ERA on Oct.22, 2008.
Comment above submitted by Jamie Kinsman, Lexy's mother.
Additional information exposing that ERA is withholding
communications between parents and their children at ERA.
This is illegal.
Eagle Ranch Academy claims
they do not take
adjudicated youth or youth in foster care (
WASHINGTON COUNTY COMMISSION MEETING
MINUTES June 7, 2005--Scroll
down on linked page for title). This is a lie. According to
an article on
alternatives for adjudicated youth written in October of 2008, Eagle
Ranch Academy does take adjudicated youth. Please see our page at
www.heal-online.org/utah.htm for the "conflict of interest" that
arises when the State Corrections or Welfare Agencies contract with
programs like Eagle Ranch Academy. In such an event, Child
Protective Services cannot investigate abuse allegations in the state of
Utah.
Below, we have posted
excerpts from the
Admissions Packet given to parents upon their child being accepted for
enrollment at Eagle Ranch Academy (ERA). Like other contracts,
this one has many illegal and/or unconscionable terms. We will
point these out as they come up in the paperwork:
E
AGLE
RANCH
ACADEMY,
INC.
Admissions / Enrollment Information
2009
(Title/Cover Information
for Enrollment Packet Sent to Parents)
"We need your help to maximize the effects of
our Staff. As we make our assessment of your Child during our
Admissions/Intake Process, we will provide you with some very
specific steps for you to take to help your Child progress in
our Program." -Eagle Ranch Academy Admissions/Enrollment
Information (page 2)
This is the first hint in the paperwork that the
ERA requires complete and blind support of their process and
methods from parents. It requires that control be given
completely to ERA over family relationships. This is
unhealthy and does not promote family unity.
"Our Program is unique among Youth Development
Centers as your Child will be monitored and supervised by
qualified therapists and professionals on a 24 hour 7 day a week
basis." -Eagle Ranch Academy Admissions/Enrollment Information (page
2)
This statement is misleading. A Child will
be monitored by "qualified therapists" and/or "professionals" (defined
as someone paid for their work). They state on
page 11 under
enumerated line 27, "staffing", that "Sponsor [parent/guardian]
understands that ERA's staff are hired not necessarily on the
basis of their credentials but to provide supervision and carry
out the structured environment [cult practices/brainwashing]
designed to benefit students at ERA. Under heading 25 of
the same page, "Disclaimer of Warranties", ERA states "that ERA
makes no warranties, express or implied, that its services will
ultimately benefit the student or sponsor. They contradict
their assurance of qualified staff in describing or disclaiming
the statement later in the text of the contract. This
makes the statement in the letter an illusory promise and
suggests deceptive marketing practices.
"Eagle Ranch Academy is not a medical facility..." -Eagle
Ranch Academy Admissions/Enrollment Information (page
2)
This statement is accurate in the sense that ERA
is not licensed as a medical facility and is not subject to the
regulation and oversight of a medical facility. However,
this is a devised omission to admit or file for actual licensing
for the type of services they actually provide and therefore is
suggestive of fraud and deceptive marketing. ERA claims to
have a physician and psychiatrists on staff on
page 4 of the
packet. And, they require permission to prescribe and
administer psychoactive drugs (page
20). But, because they claim to regulators that it is
not primarily a medical facility, it is not subject to
regulation. And, since they are also not primarily a
school, they do not receive oversight from the Department of
Education. ERA is a behavior modification facility.
It is simple language manipulation to confuse authorities and
parents alike and as both "medical and/or educational"
facilities, it ought to be regulated as such and a little
language manipulation should be examined, not allowed to
befuddle courts, regulators, and legislators.
"Additionally, it is understood if the
applicant/resident is recalcitrant, refusing treatment, and
unwilling to participate in the Program at anytime during
residency, Eagle Ranch Academy reserves the right to immediately
discharge, and although ERA will assist you with the following,
it cannot assume responsibility for transportation, monitoring,
or making arrangements for transfer to another facility. Eagle
Ranch Academy is a voluntary program that challenges young
adults to participate in the recovery process." -Eagle
Ranch Academy Admissions/Enrollment Information (page
2)
This statement is also misleading and suggestive
of deceptive marketing. They state that ERA is a
"voluntary program". Voluntary means to participate on the
basis of one's own will and consent. The first "phase" of
programs like ERA is to "break the will" of the child. So,
to advance in this program, a child would end up being there
arguably "voluntarily", but, this is a perversion of the meaning
of voluntary. The contract also states, "Sponsor covenants
and agrees to cause Student to conform to all obligations on the
part of the Student as contained in the Agreement..." (page
7) The parental authority is transferred from the
parent to the program through the power of attorney (which may
be illegal in itself, we will review later) "agreement" in which
the parent is to sign over the power of attorney rights for
their child to the program. However, parents do not have
the legal authority to sign away a child's right to
representation. (Scott
v. Pacific West Mountain Resort) So, the contract may
put the contracting parties (both program and parents) in a bind
if they are charged with conspiracy. Conspiracy is when
two or more people agree to commit an illegal act or to reach a
legal end by illegal means. Since it is illegal to sign
away the rights of a child, even if you are the parent, this
suggests that parents may be prosecuted for conspiracy.
"...It is important to sign the Release of
Protected Health Information form (HIPAA) so we can discuss your
Child
's
case with your Child's
Clinician. 2. Provide ERA with copies of all Mental &
Emotional Treatment Records including – Discharge Summaries,
Treatment Termination Summaries, Results of Psychological &
Psychiatric Testing, Hospital Discharge Summaries, and
Educational Testing Summaries." -Eagle Ranch Academy
Admissions/Enrollment Information (page
3)
Since ERA is not a medical facility and not
licensed as such, why do they require such extensive medical and
mental health records? They do not abide by HIPAA, yet,
they require information that is protected under privacy laws.
Utah has no Patient's Rights laws and no Utah physician is
required to comply with HIPAA requests. It is strange that
a non-medical facility requires such extensive information and
suggests that it is only a "non-medical" facility when it comes
to regulation.
"ERA
provides assistance in billing your Insurance Company." -Eagle
Ranch Academy Admissions/Enrollment Information (page
3)
ERA accepts health insurance for payment.
However, it is a wonder if the health insurance companies that
cover ERA understand that it is not a medical facility and not
regulated as such. It is highly recommended by HEAL that
all health insurance providers remove any unregulated facilities
from those they cover.
"ERA is not a medical facility, but if we can
provide the appropriate level of care that your Child needs, we
will do so at a much more cost efficient level than a medical
facility is able to do."-Eagle Ranch Academy
Admissions/Enrollment Information (page
4)
So, they provide medical care to save money and
avoid being reported by outside care providers on charges of
suspected child abuse. But, this, according to them, does
not make ERA a medical facility. Since they are not
regulated and are a "limited liability company", they think they
can avoid regulation and responsibility. Are these the
people you want in charge of your child? They are very
good at manipulation and deception. These are not
responsible or ethical skills or practices.
They also use Solutions Financial as a resource
for financing the program for parents. Solutions Financial
is an off-shore "brokerage firm" in New Zealand. It is all
very suspect and suggests illegal and unethical business
dealings.
"ERA is licensed by
the Utah State Department of Human Services to operate and does
operate a facility in St. George, Utah for the purpose of
providing rehabilitation and educational services for students
with special needs."-Eagle Ranch
Academy Admissions/Enrollment Information (page
6)
The Utah State Department of Human Services
allows programs like ERA to be self-regulated. There is a
blatant conflict of interest in allowing, for instance, Jeff
Smith, (co-owner of Logan River Academy in Utah) to sit on the
licensing board to determine the fate of programs, like his own.
It is not a banner of legitimacy to be licensed in the state of
Utah. Logan River Academy was co-founded by Robert Crist
(founder of notoriously abusive
Provo Canyon School).
And, many former staff from Cinnamon Hills Youth Crisis Center
(owner--Jack L. Williams, co-founder of Provo Canyon School) and
Provo Canyon School itself are currently
employed at
Eagle Ranch Academy. Other high-ranking officers of
ERA formerly worked for Aspen Education Group. Aspen
Education Group recently had two programs closed in Oregon due
to wrongful death and abuse (including forcing teen girls to
give lap dances as therapy at Mount Bachelor Academy).
And, being licensed in Utah or associated with these other
nefarious programs is certainly not suggestive of anything
except corruption.
"Contract Period. This
Agreement is for a minimum of 6 months. The pre-assessment
provided by ERA will indicate an expected program length, with a
minimum of 6 months. Early termination by Sponsor shall be
in accordance with the provisions of this Agreement.
Notwithstanding the minimum contract period, ERA has the right
to dismiss the Student at any time, as set forth in this
Agreement."-Eagle Ranch Academy
Admissions/Enrollment Information (page
7)
This is an unconscionable clause. The
Sponsor [Parent/Guardian] is given horribly unequal rights in
regards to terminating the arrangement. The parent must
agree to six months and the program can terminate the contract
at any time. This is a prime example of an unconscionable
term. Many courts find that when one party to a contract
is bound to a set term and the other can cancel anytime, that
the contract is void.
"The Sponsor [Parent/Guardian]
understands these risks and agrees to hold harmless and release
ERA and its staff from all liability associated with medical
care." -Eagle Ranch Academy
Admissions/Enrollment Information (page
8)
Since ERA claims that they often provide
in-house medical care when possible, excusing them from
liability for their own "miscalculations", negligence, and/or
willfully wrongful conduct in regards to providing appropriate
medical care when needed is an unconscionable term.
"Sponsor hereby gives consent
and authorization to ERA staff to physically intervene, control,
and detain the Student for and including, but not limited to,
the following purposes: To prevent the Student from jeopardizing
the safety of self or others, to prevent the flight of the
Student into a dangerous or unsupervised situation, to prevent
the destruction of property. The Sponsor authorizes ERA to
use Positive Control Systems intervention techniques."
-Eagle Ranch Academy
Admissions/Enrollment Information (page
8)
The problem with the first part is that the use
of physical force and restraint are not limited to the
prevention of harm to self or others. That is the legally
allowed reason, and only reason, anyone should ever be
manhandled. This is likely an unconscionable or illegal
term. The second issue is in regards to Positive Control
Systems intervention techniques. What is this?
Description below:
Well, we don't really find a description
online of what a Positive Control System is... But, we did
find a number of programs that claim to use this system.
Many of these programs are confirmedly abusive (some hyperlinked
for examples and convenience):
Basic PCS Program
Our Programs
The
Basic PCS Program and Basic PCS
Instructor programs of Positive
Control Systems®have served as
the Crisis Intervention program
of choice to our clients for the
past 15 years.
We are now adding an Advanced
PCS Programs that will act as
continuing education for our
Veteran Basic Positive Control
Systems® Instructors.
This is a partial list of
the agencies working with
juveniles who are currently
using Positive Control Systems®
Crisis Intervention programs:
Click Here
to Search HEAL for Information on the Programs Listed in the
Left Column
Many of the programs listed to the
left are confirmedly abusive. Two Aspen Education Group
programs were recently closed in Oregon due to wrongful death
and abuse. At Mount Bachelor Academy, an Aspen program,
girls were forced to give lap dances as "therapy". Cross
Creek Programs are part of the WWASPS system and notoriously
abusive. Please understand that PCS claims this is a
partial list of programs in that system and it is our belief
that most, if not all, behavior modification programs in the
United States are using similar methods to defraud families and
abuse children. In December, 2009 a "nurse" at Cedar Ridge
Residential Treatment Center was arrested and is being charged
with raping children at the facility. Cedar Ridge did not
take disciplinary action until charges had actually been filed.
The word of the victims and evidence of abuse was not enough for
that facility, it wouldn't remove a reported threat to children
without criminal charges having been filed. This is a very
abuse-friendly standard.
For information on the types of fraud, abuse, criminal and
civil wrongs committed by programs, visit
www.heal-online.org/ebook.pdf.
Based on the given information and the fact that HEAL is
currently working to help rescue a child from this facility, we
believe that Eagle Ranch Academy is abusive and that it and the
other facilities listed to the left should be avoided by
families who wish to put an end to a crisis, not exacerbate
their family's problems.
"12. Authorization of Search
and Seizure. Sponsor [Parent/Guardian] hereby authorizes
ERA personnel to search the person and personal effects of
Student at any time. ERA is further authorized to
confiscate any and all items deemed by ERA to be contraband or
counterproductive to the Student's successful completion of the
Program. The disposition of all items confiscated by ERA
shall be left to the sole discretion of ERA. Sponsor
understands and agrees that ERA expressly disclaims any and all
responsibility for the care or return of confiscated items." -Eagle
Ranch Academy Admissions/Enrollment Information (page
9)
Again, parents cannot sign away the
legal/constitutional rights of their minor children. This
is an illegal clause. Also, it is highly unethical to
refuse responsibility for any items confiscated that are the
property of the minor or his/her family. Even prisons do
an inventory checklist of what a prisoner enters the prison with
and must return those items upon release of the prisoner.
The standards of private prisons like Eagle Ranch Academy should
live up to the standards of prisons if they are going to operate
as lockdown facilities with complete control of their inmates
and their property.
"14. Visitation. Upon
completion of the admission/intake assessment process, ERA will
establish a visitation schedule for the Sponsor and possibly the
family to visit Student on campus and/or in the surrounding
area. Near the end of the program, ERA suggests a home
visit for no longer than seven days. Student must be on
appropriate level for all visits, as determined by ERA.
Visits may be canceled at any time by ERA, with or without
notice, when Student's level drops or loses privileges from not
working appropriately on behavioral, therapeutic, or educational
goals."-Eagle Ranch Academy
Admissions/Enrollment Information (page
9)
It is not appropriate for a program to deny
parents access to their children at any point during the child's
enrollment. This is a sign of an abusive program.
For more warning signs and questions to ask, visit
www.heal-online.org/warn.htm.
"17. Runaway Expenses... In
the event of any complaint, demands, claims, or legal actions
alleging injury, death, or any other type of damage as a result
of the runaway of a Student, Sponsor shall indemnify, defend,
and hold harmless ERA and its officers, directors, employees,
and agents from any and all damages, loss, or expense, including
court costs and reasonable attorney's fees."-Eagle
Ranch Academy Admissions/Enrollment Information (page
10)
It is unreasonable for someone acting in the
"parent's position" per the power of attorney agreement
mentioned below to require indemnity for their own wrongful
acts. This is an unconscionable term. To require a
family to defend a program that may have directly caused the
injury or death of a child is unconscionable.
"21. Release; Discharge;
Indemnification. Sponsor [Parent/Guardian] agrees to
indemnify and otherwise does forever release, discharge, and
hold harmless ERA and each of its present and former officers,
directors, partners, shareholders, agents, independent
contractors, employees, predecessors, successors, assigns,
parents, affiliates, subsidiaries, insurers, and attorneys, and
the agents and employees of any of them, from and against any
all actions, causes of action, obligations, costs, fees,
sanctions, damages, losses, claims, liabilities, and demands
(hereafter collectively referred to as "Claims") in any way
based upon or arising from or related to (a) any damages to
person or property, including bodily injury or death, caused by
the Sponsor's Student if he/she runs away from ERA's facilities
or premises, and (c) any willful or negligent act committed by
Student while enrolled at ERA. This release, discharge,
and indemnification shall survive the termination of the
Agreement. If either party receives notice of a pending or
threatened claim arising from or related to this Agreement, the
party shall promptly give written notice thereof to the other
party." -Eagle Ranch Academy
Admissions/Enrollment Information (page
10)
So, basically what we have here is a requirement
that parents/guardians force and guarantee their child's
cooperation in the program. And, as stated above, the
parent is to be held liable for the child's success or failure
in the program. ERA gives no guarantee or warranty that
the program gives any benefit to the child. And, in the
event of injury or death (which will be arguably attributed to
any child that is not cooperating with staff or "working the
program") the parents will not hold ERA responsible for its own
negligence or willful wrong-doing if the Student was in any way
arguably "at fault" for the situation resulting in injury or
death. This is unconscionable. (see: -Eagle
Ranch Academy Admissions/Enrollment Information (page
11)
"25. Disclaimer of Warranties.
Sponsor hereby acknowledges that ERA makes no representation,
covenant, promise, or commitment to Sponsor or to Student that
the educational and rehabilitation service to be furnished by
ERA to Sponsor will cause Student to progress, develop, improve,
or otherwise advance in terms of social, ethical, moral, or
educational respect. Sponsor further acknowledges that
each student is different and his/her Student may not respond to
the services that will be provided by ERA as set forth herein.
Sponsor further acknowledges that ERA makes no warranties,
express or implied, that its services will ultimately benefit
the Student or Sponsor." -Eagle Ranch
Academy Admissions/Enrollment Information (page
11)
Eagle Ranch Academy disclaims that their program
works, will work for your child, or that you or your child will
see any benefit at all from having been subjected to ERA's fraud
and abuse (a.k.a. behavior modification program).
"24. Mail and Phone Calls.
Sponsor hereby acknowledges that because of the risk of
potentially negative influences from outside on the Student's
development and progress, including the potential for the
mailing of drugs or other substances to students enrolled at
ERA, ERA reserves the right to open and screen all of Student's
incoming mail and to monitor all of Student's outgoing phone
calls." -Eagle Ranch Academy
Admissions/Enrollment Information (page
11)
It was decided in the case of
Milonas v.
Provo Canyon School that it is illegal to monitor, open,
censor, the mail of children placed in behavior modification
facilities. This is an illegal clause.
"26. Unauthorized
Actions of Employees. The Sponsor understands and agrees
that ERA 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 therefore agrees to hold harmless and release ERA
from all liability or damages for any actions of ERA staff that
act outside the training they have received or the scope of
their constituted responsibilities or realm of their
employment...
27. Staffing. Sponsor understands
that ERA's staff are hired not necessarily on the basis of their
credentials, but to provide supervision and carry out the
structured environment designed to benefit students at ERA." -Eagle
Ranch Academy Admissions/Enrollment Information (page
11)
There are a couple of problems here. ERA
admittedly does not make hiring quality and professional
training a requirement to supervise children in its program.
And, since ERA is not making quality staff a priority and states
that they provide listed duties and very limited training to
staff, it leaves a likelihood for "human and judgment error"
that can result in serious injury, abuse (including rape and
sodomy), and death. Yes, the staff can and should be held
individually responsible for the harms they cause.
However, under the legal doctrine of Respondeat Superior, ERA is
responsible for the actions of its employees and the requirement
for something being within the "scope of employment" has
included what an employee does on site while on a scheduled
break even if it is against the stated policies of the employer
if the court finds that the act of the employee was not so far
outside the scope of employment (i.e. lunch break, away from
office, not work-related) that it would be ridiculous to hold
the employer liable. But, in the case of a human error by
staff during a "routine" physical intervention that results in
severe injury or death, ERA would and should be liable for the
acts of its employees. This is why #26 is unconscionable.
"30. Protection of
Community Image. The Sponsor understands that upon leaving
ERA, their child will not go to school or live within 100 miles
of ERA, unless (1) permission is given in writing by ERA, (2)
their child is 18 years of age, or (3) the Student is living
with the parents. Sponsor agrees that failure to comply
with this provision would result in the Sponsor being
responsible for paying ERA the normal monthly fee for the period
of time involved." -Eagle Ranch Academy
Admissions/Enrollment Information (page
12)
This is just a weird provision. Why would
it hurt ERA's image if a graduate decided to live near the
facility after graduating? If it is a wonderful place and
community and a child is healed from whatever issues they came
with, wouldn't they be an asset to the community? Wouldn't
it benefit ERA to have successful graduates live in the
neighboring areas and let people know what a "great program" it
is? Why the secrecy? What is the purpose of this
provision?
"31. Conflict of Interest.
The Sponsor [Parent/Guardian] understands and agrees under
strict penalties of damages that they will not contract with any
ERA employees or former employees for any related or even
non-related services while the Student is enrolled in ERA or
upon discharge or for a period of one year after the Student is
discharged from ERA, without specific and written permission
from the Director. The Sponsor also agrees under the same
penalties that they will not allow their child to live with or
reside in the home of an employee or former employee, upon
discharge, or for a period of one year after the Student is
discharged from ERA, without specific and written permission
from the Director." -Eagle Ranch
Academy Admissions/Enrollment Information (page
12)
What is the purpose of this requirement?
Many contracts requiring non-competition agreements are
dismissed are voided because it is an unfair restraint on trade
and commerce. The fact that the agreement includes
"non-related services" would likely be construed as an unfair
restraint on trade by a court of law.
"32. Sponsor Cooperation.
Sponsor agrees to give ERA and ERA personnel full cooperation
throughout the program in order to maximize the benefits of the
program for the Student and Sponsor." -Eagle
Ranch Academy Admissions/Enrollment Information (page
12)
This passage is a concern because it requires
parents to blindly adhere to ERA policies, procedures, and
recommendations. Any treatment plan that does not leave
room for questioning it, is cult-like and ought to be avoided.
"Without limiting or
qualifying the general Power of Attorney granted and delegated
by Sponsor to ERA, Sponsor specifically grants to ERA the
following powers:
To provide or obtain all medical records, dental,
psychiatric 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.
To guide and discipline the Student as deemed necessary
and reasonable by ERA (but not physical punishment)
To physically restrain the Student as deemed necessary
should he/she become a danger to him/herself or to anyone
else, as deemed necessary by ERA.
To allow the Student to participate in all activities.
To search the person and personal effects of the Student
at any time, including, but, not limited to, all mail sent
to or by Student, and seize and confiscates any items deemed
by ERA to be contraband or counterproductive to the
Student's successful completion of the ERA Program.
The search of the Student's person ay require Student to
remove all of his or her clothing and may include a strip
search of all or any portions of Student's body, including
cavities in which contraband could be hidden.
To restrict the Student's access to telephone calls, and
visitors, and to otherwise monitor the Student's
participation in telephone calls and visits when the same
are allowed." -Eagle Ranch Academy
Admissions/Enrollment Information (page
15)
The power of attorney form required by ERA is
likely illegal. From what we can gather, a power of
attorney to transfer parental authority for care purposes is
limited to six months. After six months, the power of
attorney is expired (according to
sources
we've reviewed). As mentioned above, a parent cannot sign
away the rights of a minor child. A parent can only sign
away his/her own rights. As stated before, the monitoring
and censoring of incoming and outgoing mail is illegal.
And, this agreement appears to be void or voidable for
illegality and/or unconscionability. A parent cannot agree
to allow a child to be abused.
On
page 18 of the Admissions Packet is the HIPAA release form
so ERA can gather all the medical records on your child.
Since ERA is not a medical facility, there need for that
information is highly questionable.
"I understand that authorizing the disclosure of
my Protected Health Insurance is voluntary and that I need not
sign this authorization in order to receive services." -Eagle
Ranch Academy Admissions/Enrollment Information (page
19)
Why is Eagle Ranch Academy being paid by Health
Insurance when it is not a recognized medical facility?
What insurance carriers are being scammed here? On the
same page, ERA refers to the Student's discharge. The use
of the word "discharge" as opposed to "graduation" or
"dismissal", suggests that it is a medical facility.
However, they clearly state throughout the contract that they
are not a medical facility. Since they are not a medical
facility, they are not subject to the same rules and regulations
as other facilities. This is a concern.
"PERMISSION FOR PROGRAM
ITEMS...My student has permission to attend any church of
his/her choice...Eagle Ranch Academy has my permission to use
name, photos, and audio-recordings of my Student in brochures or
publicity...Eagle Ranch Academy has my permission to use my name
for referrals to prospective Parents...I agree that my Student
may be tested at any time that drugs or alcohol are
suspected...I grant permission to staff at Eagle Ranch Academy
to transport my Student to and from activities...I grant
permission for a staff to dispense medications to my Student as
prescribed by a Physician..."-Eagle
Ranch Academy Admissions/Enrollment Information (page
20)
There are so many problems and conflicts of
interest with the above permission statements. It is
highly inappropriate to pressure distressed families into
allowing confidential information about treatment for their
children to be used for publicity and advertising of the
program. It is also disturbing that ERA has an "in-house"
physician and psychiatrist that can and do prescribe
psychoactive drugs and that by permitting the dispensing of
prescribed medications after granting parental authority through
the power of attorney is a very dangerous combination.
Parents should require that all medications be approved by them
before being administered. Most programs do not allow for
a pre-notification of administering dangerous psychiatric drugs
including nerve-damaging anti-psychotics. This is a
serious problem. The agreement or permission to violate
the privacy rights of a minor child while in a compromised
position is exploitative and likely unconscionable and/or
illegal.
"CONSENT TO RECEIVE
PSYCHOACTIVE MEDICATIONS"-Eagle Ranch
Academy Admissions/Enrollment Information (page
21)
This is a requirement of the state of Utah.
However, the permission granted is for unspecified dosages or
medications. This is a serious concern. Another
concern is that coupled with the permission requested above,
this leaves a lot up to ERA. And, it is HEAL's experience
that programs abuse the use of drugs as punishment of the
children in their care. Since it is not regulated as a
medical facility, reviewing the drugging and care of children at
this facility is not happening. This is a serious concern,
especially since Utah allows patient/student records to be held
by the program and do not have any laws requiring that medical
records in Utah be shared with any other physician or caregiver.
This is a serious concern.
Also, when gaining the "consent" of the minor child for the
medication, is coercion used? ERA is a coercive behavior
modification program. And, gaining consent by abusing a
fiduciary responsibility or through deliberate coercive
tactics/techniques is unconscionable and would be arguably
ineffective in a court of law.
ERA uses Omnicare as an emergency medical care
provider. (Eagle Ranch Academy
Admissions/Enrollment Information (page
27)) Omnicare lost a lawsuit filed by the United
States of America for fraud and violating the false claims act.
Omnicare also received illegal kickbacks. (see: US
District Court, District of Massachusetts, Civil Action #
06-10149-RGS, United States of America v. Omnicare, Inc.
http://www.phillipsandcohen.com/CM/NewsSettlements/United%20States%20v%20%20Omnicare%20Mariner%20et%20al%20%20complaint.pdf)
Omnicare is in trouble again (January
15th, 2010) for accepting kickbacks for experimenting on
troubled teens.
The contract is filled with arguably illegal and
unconscionable terms. In fact, some of the agreements are
prima facie illegal and unconscionable. The above is the
opinion of a student of the law. Please consult an
attorney.
A Letter to Parents Regarding a December,
2009 LGAT Seminar Hosted by ERA
Dear
Parents,
Welcome to ERA Seminars! We are
excited to confirm your enrollment in the upcoming Emotional
GrowthAwakening Level 1 Seminar on December 3 - 4, 2009.
This is an experiential seminar, rather than the traditional
lecture format. The program includes group interaction,
self-disclosure, individual and group feedback. You will be
asked to take an intensive look at yourself, your self-limiting
beliefs, attitudes and assumptions.
At times the seminar will seem
confrontational and emotional: at other times, joyful and
loving. It is all part of a process that has been developed and
fine-tuned over a number of years. It works if you give it the
opportunity to do so. When carried through to its conclusion,
the seminar yields tremendous rewards, including greater focus
and clarity, as well as a closer relationship with your son or
daughter.
The insights
gained in the Awakening Seminar will enhance your mutual
understanding, and help begin the rebuilding of your family
relationships. This is the same seminar your student attends so
our goal is to put you on the same page.
Your seminar will be
held at Crystal Inn – 1450 S. Hilton Dr. Please arrive
at 8:45 a.m. on Thursday to pre-register and get your name tag.
Plan on two full days. (You MUST attend both days and be
there the entire time. This is not a seminar you can arrive at
late, leave early, or miss a portion to make phone calls or
attend to other business). The tentative hours are as
follows: the estimated starting time is 9:00 a.m. each day. The
approximate ending time is between 6:00 and 8:00 p.m. These
will be the hours unless otherwise specified by your facilitator
during your training. We need you there the full time, willing
to work on yourself, so we ask that you not see your student
during the seminar days. This will help you get the full benefit
of the training.
Plan to eat breakfast each morning prior to the seminar. You
will have short breaks throughout each day and one long lunch
break. Due to the amount of material we cover, we do not break
for dinner. We do not provide any meals or refreshments. Water
will be available on breaks. You may want to bring snacks to eat
on breaks.
There will be no cell phones, or pagers allowed in the seminar.
If you have any physical limitations, please let us know so we
can accommodate you better. Wear comfortable clothing, come with
an open mind, and have fun.
Thanks for supporting your student by attending this training.
We appreciate the dedication you have to understanding your
child and yourself more fully.
If you have any questions or concerns please call Angie at Eagle
Ranch Academy:
P.S.
Be sure to discuss the visitation schedule with your child’s
therapist before making travel plans. We want to make sure you
have that opportunity if it is available to you. If you’d like
to stay at the Crystal Inn, make sure and let them know you are
with Eagle Ranch Academy, attending a seminar and they will give
you a special room rate. Their phone number is: 435-688-7477
Confrontational approaches to therapy have been
repeatedly denounced as ineffective and harmful. See
www.heal-online.org/ebook.pdf. Another concern is that
in the letter below, ERA allows for "input" from parents and
prior physicians, but, does not state that such input will
include final decision authority regarding the medicating of a
youth in the program. With the above contract provisions
allowing the child to be given any prescribed medications and
the letter below changing the physician from the child's family
doctor to on-site psychiatrist at ERA is a concern. Here
is that letter:
Below is a series of quotes from a "Q & A" with the Executive
Director of Eagle Ranch Academy. To see the entire Q & A
packet, click
here.
"Q.
What happened the first few hours after my child arrived at
Eagle Ranch Academy?
A.
Upon arrival, your child was immediately transferred from their
escort to the Program or Assistant Program Director who took
your child to our family room and spent a few minutes talking to
them. Two staff members escorted your child to a private room
and spent time getting to know your child and outlined our
program. During this process the two staff members that were
with your child were of the same gender as your child. All
personal clothing, etc., are stored and given to you during your
first campus visit. Your child was then issued formal Eagle
Ranch Academy uniforms and all other personal items needed
during their stay at ERA. A current student was then assigned as
a mentor or “buddy” that will be with your child for the next
few days." (Page
1)
First, if this is a "voluntary only" program, why do children
need to be transported by "escorts" (paid kidnappers who arrive
in the middle of the night/very early morning to shock,
restrain, and spirit away a child to an arguably illegal
lockdown facility)? In the introduction letter of the
enrollment packet above, ERA states it is a voluntary program
and that children in the program must be there voluntarily.
This is obviously a deceptive statement as coercion is used to
get the child to "volunteer" to remain in the program. If
you deprive a person of any hope of going home and promise
nothing but torture and pain for non-compliance, you can
probably get them to "volunteer" for anything. This is not
the true volunteerism that comes from the will or desire of the
individual volunteering, but, coerced conformity. The
manipulation of language in this sense is dubious and suggests
that ERA is an abusive program.
It is very nice to say that
the two staff "spent time getting to know your child", but, the
reality is they performed a strip search including possibly
restraining your child to the ground, ripping off their clothes,
and having untrained and unqualified staff perform a full body
cavity search on your child. If your child has any history
of being physically or sexually abused, this will re-traumatize
them and no extra care will be used to safeguard a sexual
assault victim from a violent takedown and strip search if the
staff "deem it necessary" (and they will/do). The fact
that it was a strip search is reinforced by the fact that the
director finds it necessary to state that the two staff members
are the same gender as the child being searched. The Q & A
claims that all personal items will be returned, but, the
contract above states that ERA keeps no inventory and accepts no
responsibility for lost or stolen items. So, their
promotional materials (i.e. Q & A form) contradict the contract
and point to deceptive marketing practices.
The assignment of a "buddy" is typically the assignment of an
"upper level" student who will be given control over your child
and will use manipulation, lies, abuse, and sabotage to "help"
your child be broken so he/she too can become a slave to the
program and begin the process of "earning" the right to be
treated like a human being. The fact that the "buddy" is
assigned for a few days is also misleading. The "buddy"
will remain until your child shows signs of submitting to the
program.
"Q.
What are the living conditions like?
A.
Your child was assigned to a family unit. This family consists
of 12-16 students. Each family has at least three staff members
with them at all times. They were assigned to a cottage in which
they live. Each cottage has its own living room, bathroom, and
two bedrooms. Your child has two other roommates." (Page
1)
If the "family unit" and/or cottage consists of 12-16 students
and their are only two bedrooms per cottage, how is it possible
for only three children to share one room. Either the
rooms are packed with additional children or the housing
conditions are being described in a dishonest or misleading way
by ERA.
"Q.
What correspondence can I have with my child?
A.
Parents are allowed to send postcards immediately. Postcards
from your child to you will be allowed as soon as your child
completes the Self Discovery packet, this usually takes 3-5
weeks. For monitoring purposes, please do not send letters in
sealed envelopes. Once your child earns the privilege, weekly
social phone calls will be scheduled. You can expect to receive
the first phone call from your child once they have competed
their Self Discovery packet. This is usually within 4-6 weeks of
their enrollment at ERA. After that, you will have a weekly
scheduled phone call. This call is monitored by our therapist or
by a staff member and will be up to 10 minutes in length.
Here we see the way ERA tries to circumvent your child's privacy
rights by requiring all mail be in the form of a postcard.
This allows for no private communication between parent and
child and allows for ERA to monitor all communications.
This is a sign of an abusive facility. For more warning
signs, visit
www.heal-online.org/warn.htm. The fact that it will be
likely months before your child "earns the privilege" of
speaking with you by phone is another huge red flag and points
to an abusive behavior modification program. Behaviorists
have advised behavior modification professionals to describe
their practices in terms of "education
and development", but, the truth is, they are using coercive
and psychologically damaging torturous practices to change your
child's personality and behavior.
"Q.
What sort of assignments are they required to complete their
first few weeks?
A.
The first assignment we had your child do is to complete the
Self Discovery packet, which includes writing an “Amnesty”
paper. This is the first thing they are required to do. It is a
“coming clean” paper. They explain to themselves everything they
have done up to this point in their life to get them to where
they are now. Once the amnesty paper is completed, it is a
starting over point for your child. Our staff is very specific
and particular with this paper and it usually takes several
drafts to get it to the point where it can be signed off by
every staff member. This paper will be read during the first
face-to-face visit you have with your child. This is a very
emotional time for both you and your child. A staff member will
be with you and your child throughout your first campus visit.
They also are required to write several essays, Who Am I, which
looks at how they define themselves; Why Am I Here, their
feelings on why they ended up at Eagle Ranch Academy; and “The 7
Habits of Highly Effective Teens,” in which they have several
worksheets to complete on each habit. We will begin working on
their class schedule as soon as we get all the necessary
paperwork and have it evaluated." (Page
2)
The "Amnesty Paper" is also known in the industry as a "moral
inventory" letter and often a child is forced to exaggerate
and/or manufacture wrong-doing and bad behaviors in order to
reinforce your position in thinking you made a good decision
(you didn't, if your child is at ERA). It is not a "coming
clean" paper at all. It is a way to break a child by
making him/her his/her own worst enemy. It is the first
step in creating a dissociative disorder in your child.
And, it is used to humiliate, extort, and abuse your child.
For more information on these types of letters, please see the
Turning Winds journals at
www.heal-online.org/turnwinds.htm. Since the staff
members are poorly qualified as insinuated by the contract for
ERA, it is difficult to understand why they are given authority
to determine the validity of a child's efforts. How is
progress evaluated? Who does the evaluating? And,
what purpose does it serve to force a child to spend over a
month detailing "real" and imagined wrongs they've committed.
And, if your child is a victim of abuse, do you understand the
damage that blaming themselves for that abuse can do to them
psychologically? It can create a life-long acceptance of
being treated as sub-human. This is not therapeutic and
ERA is just another scam, in our opinion.
"Q.
What is the program my child is expected to complete?
A.
Our program is a Value Based Program. This program consists of
eight values, Accountability, Honesty, Forgiveness, Acceptance,
Integrity, Respect, Trust, and Service. Your child is
given a packet on each value and is expected to do a series of
worksheets, assignments, book reports (both oral and written),
and service projects for each value. Each staff must read,
evaluate, and sign off before your child can graduate from that
core value. To prevent one staff member from“holding out”
and not sign the value sheet, all members of our Treatment Team,
(Program and Assistant Program Directors, Clinical Director,
Educational Coordinator, After Care Specialist, and all
Therapists), will review and make a joint decision if the
student is ready to move on to the next value. We also offer our
Emotional Growth Seminars, Level One, Level Two, and Level Three
Teen Seminars. This is an intense three day seminar each student
will be required to participate in. These are the same seminars
we encourage you to attend." (Page
2)
Doesn't that sound nice? It is a "Value Based Program".
Basically, it is an 8 level behavior modification program.
It is very important to ask what ERA means by Accountability,
Honesty, and the other levels/values. It is quite common
that words we understand and use on the outside or re-defined
and misused within the program. Asking what is meant by
each Value and what is expected would be a good start.
But, HEAL would recommend just saying "no" to ERA. Also,
like WWASPS (reminder, it uses the same "Positive Control
Systems" model as WWASPS programs) it requires intensive
brainwashing seminars as part of its system. This is a big
red flag for an abusive and fraudulent program. We
reiterate our suggestion that no child be placed in ERA or any
similar program.
"Q.
As
a Parent what is my involvement?
A.
You are encouraged to be actively involved throughout the entire
process while your child is away from you. You have an
individualized Parent Page where you can see pictures of your
child and read weekly progress reports. The password and user
name will be sent to you the first weekend your child is here.
We offer adult seminars at least every other month and encourage
you to take advantage of these life altering experiences. Your
child will also go through these seminars as part of their
process while they are here. The seminars are free to two family
members, usually parents and/or guardians. There is a small fee
of $50.00 per person if you have additional family members that
would like to attend. We encourage you to have as many family
members as possible to attend these seminars." (Page
3)
It is not encouraging if you are not allowed contact with your
child for weeks and/or months and only supervised contact for
even longer. This cult wants as many members of your
family as you can get to buy into it so it can keep raking in
the money. Don't buy it.
"What academic programs will my child be
involved in while at Eagle Ranch Academy?
A.
We offer an interactive internet based academic program through
3DLearn, which is a fully accredited program. Depending on the
level, your child will earn 4-6 credits per semester with each
semester lasting about 4 months. It is a self-paced program and
they can accelerate at their own speed." (Page
3)
This
is not appropriate accreditation. There is no safeguard or
assurance that the educational services provided will result in
a valid diploma or degree. And, self-regulation is often,
if not always, a recipe for fraud, abuse, corruption, and
disaster. SACS is therefore not a "legitimate" accrediting
agency in our opinion and therefore, 3DLearn is very
questionable. This is a correspondence course run out of
Florida. It is not a school in Utah. So, what' is
ERA? Not a school and not a hospital or medical facility.
Based on their methods, we would suggest it is a cult and advise
you not fall victim to their money-making scheme. How do you get
accredited by SACS?
Again, self-regulation and review is not
oversight or enforcement of consumer protection laws. It
is a trade association similar to NATSAP. See
www.heal-online.org/accreditation.htm for additional
information and problems with "accrediting" agencies for this
industry.
"Q.
How do you handle my child if they refuse to comply with the
program?
A.
We believe in using natural and logical consequences. We do not
believe in time out rooms or isolation rooms. We believe in
isolating your child within a group, meaning they may be allowed
to attend an activity but will not participate." (Page
3)
Well, it doesn't really matter what ERA claims to "believe", it
matters what they actually do. Does ERA ever use isolation
or timeout rooms or observation rooms? Yes, in fact in the
contract (page 8,
section 11, "Discipline of Student") ERA admits to
using isolation and claims that the "multipurpose room" is used
for these purposes. Naming a room "multi-purpose" instead
of "observation", "time out", or "isolation" when it is used for
isolation is deceptive. In addition, ERA states they believe in
active shunning of a child who isn't complying. Again, if
it is a "voluntary only" program, why is a child punished if
they don't comply? This is a coercive tactic and not in
line with previously stated positions of ERA. These
contradictions further support the concern that ERA uses
deceptive marketing and language manipulation to confuse
families and hide their actual activities.
Below, we will be reviewing the "Program Summary" provided to
parents by Eagle Ranch Academy. We will be quoting
excerpts and providing an analysis for those excerpts as we have
above. For the complete text of the Summary,
click here.
"The program is made up of several
areas of growth. There is group living, school, individual
therapy, group therapy, and learning to be part of a community.
These areas of growth are held together through our value
system. We incorporate 8 core values. The students will
gain an understanding about how these values relate to
themselves as individuals. They learn these values through
packet work, group processing, and living the values here at
ERA. There growth is determined by their willingness to
engage in this process. Certain privileges are connected
to completing and living the value they are working on. The
process to complete a packet is finishing the work in the packet
and presenting it to their family pod. They will need to have
their peers and family staff sign off on their packet saying
they are striving to live this value. Once their staff and peers
have signed the packet they will receive their next packet." (Page
1)
This should be read as to highlight the 8 level system that they
claim are values. It is important that the child's
"willingness to engage in this process" (submit to brainwashing
and character destruction) be understood to insinuate that
privileges, including speaking with parents, will be delayed as
long as the child resists the behavior modification/coercive
thought reform. Also, having so many people (including
peers) be in charge of when a child "progresses" is not in line
with a professional or therapeutic atmosphere that respects the
integrity of the individual.
During the first 5 weeks (or so) your child will have no
privileges. Self-Discovery is "phase
one", but, only part of phase one. It is important to
look at the privileges they later earn and for everyone to
understand that some of these are basic needs and that denial of
these is done for the purpose of humiliation, isolation, and
control. For further humiliation, the child is forced to
write a long letter and is encouraged to manufacture wrong-doing
to make the letter as shocking as possible to reinforce a
parent's bad decision in choosing ERA.
"Accountability" is a continuation of phase one (or the
forced
betrayal of self phase). One problem with these lists
is they don't specify what each item is or what is required for
each assignment. In addition, the first brainwashing
seminar is required at the end of this level and is considered a
"earned privilege". This privilege is coupled with the
right to wear shoes and to have a very brief and
moderated/monitored call with parents. These are not
privileges and generally would motivate no person free from
oppression and coercion to adhere to the program.
Again, what are these assignments and what is the environment in
which they must be completed? Also, what off-campus
activities? Some programs farm children out to work at
local farms or hotels. What are these activities?
What proof is there that your child is participating in the
off-campus activity suggested to you by the program? Also,
being farmed out as free/slave labor; having a
supervised/moderated visit with parents; and attending a "staff
training" seminar for the move from Level 1/Phase 1 to Level
2/Phase 2 (the
betrayal of peers phase) in which children are put in charge
of other children in the program as lower level "staff".
This is indicative of an abusive and cult-like program.
Again, these are not privileges that would motivate a
normal/healthy individual as they serve the program more than
the individual.
What is the hotel visit? Is it similar to the strange
travels of program directors/staff with children to local hotels
for overnights outside the program? And, what happens at
this hotel? Some programs in Utah have reportedly
participated in sex-trafficking of minors under their control at
hotels they also own in Utah. Without additional
information, we do not know that this would be considered a
"privilege" to a healthy individual or someone on the road to
health. A seminar is also not a privilege to anyone that
is outside of the cult network that is WWASPS/Aspen Education
Group/ERA/etc... If anything, it is a painful assignment
that will likely result in permanent psychological harm.
This is no privilege.
A home visit is a "privilege", but, also very painful and
frightening for children who've been tortured for months and are
afraid of doing anything that might extend their stay at ERA or
knock them down to a lower level with more abuse and no contact
with the outside world. This is a mixed blessing at best.
And, again, a seminar is not a privilege by reasonable
standards. Acceptance is the result of Phase 2 and is
likely the beginning of the shift to
Phase 3
(the child is experiencing a complete mental breakdown and
dissociative disorder is created by trauma/shock "therapy").
The child is likely moved up from being a "buddy" staff to being
a "leader" or "junior staff" over more children. This is
inappropriate and lends itself to abuse.
Integrity is the beginning of
Phase 4
(child is now adherent and salesperson for the program/cult and
aids in the control and abuse of others) and is being prepared
for release or short-term employment selling the program without
compensation. Preparing to go home for good is an "earned
privilege" and what exactly is "on committee"? Neither
sound like the type of reward children or young adults should be
conditioned to accept for hard work and progress. This is
a disturbing practice.
The 2nd Home Visit is often used by programs to bait parents
into sending a sibling or someone else to the program or prepare
to do so upon the upcoming "graduation" of the currently
enrolled child. By this time, the enrolled child should
have already begun naming names and exposing siblings to
institutionalization as part of their new "faith" in the program
alone for their achievements and success. This is
psychologically harmful and does not help a child's self-respect
or self-esteem.
Service
• Service Paper
• Book Report “5 People You Meet in Heaven” or
“Man’s Search for Meaning”
As you can see above, there is mention of "Step 8". This
is because the values are actually euphemisms for the different
phases/levels within the ERA program. Graduation of any
educational program should be an honor, not a privilege. A
privilege is granted by authority, not earned through hard
work. The use of the term "privilege" to describe
something a child has earned through hard work is insulting to
the individual and continues to reinforce the program's
"success" over the child's "progress". This shows the
sociopathic and narcissistic nature of those within the program
industry that always give themselves complete credit and zero
liability. This is an unreasonable and unconscionable
position for both individuals and programs.
Below are portions of a declaration submitted by Paul
Arslanian, director of ERA, for a hearing to determine placement
of a teen at ERA. It is followed by the "evidence"
submitted of the mother's concerns that Paul claims is
"threatening and outlandish", both claims are false as you will
surely see in the information presented. The names of the
parties have been removed to protect the innocent at the request
of the protected party.
First, of course ERA believes it is appropriate. They
would lose $7500+/month if they stated it was not appropriate
and could be admitting to fraud and other illegal actions if
they stated they were holding her without holding the belief
that such placement was appropriate. If the mother of a
child in a program believes it is inappropriate or asks
questions about the practices of the program and receives the
run around (as this mother has from ERA), then that mother has
every right to "make a stink" about what is going on. Line
5 assumes that the teen in question is not already a productive
member of society. Having problems of any kind is not a
judgment of being useless. And, suggesting such is
undermining to any child's self-esteem. Line 6 is absurd.
The "evidence" attached and copied below proves nothing but the
fact that a mother is genuinely concerned about her child and
the alleged fraudulent and abusive practices at ERA.
A mother has every right and responsibility to fight for her
family and her children. Stating that a mother inquiring
and investigating a lockdown facility denying her contact with
her own child is "interfering" with their business and/or
ability to treat children is ridiculous. Since ERA has not
responded with answers to questions posed by this mother, it is
highly unlikely that ERA has devoted any real time to deal with
this problem other than to defend their position with innuendo
and further deception.
HEAL encourages Paul Arslanian and Eagle Ranch Academy to
immediately discharge all children in the facility and refund
all monies due to insurance companies and families likely
defrauded by ERA, including the child referenced in these recent
communications.
When
we try to enlarge the file to the left it becomes less legible.
Additional e-mails are below. Start at the bottom for
earliest and read upwards for more recent communications.
-----Original Message-----
From:
To: dan@eagleranchacademy.com
Sent: Tue, Dec 15, 2009 10:02 am
Subject: Re: Alexis Kinsman
I do not believe that Paul has any real
information about my daughter since he is
not her therapist so whatever my intentions
are regarding Alexis certainly does not
mean I should be excluded from weekly
discussions regarding her well being at your
facility.
Jamie Kinsman
-----Original Message-----
From: Dan Afualo <dan@eagleranchacademy.com>
To:
Sent: Tue, Dec 15, 2009 9:23 am
Subject: Re: Alexis Kinsman
Sorry, after our call last week and
knowing of your intentions to have Lexi
discharged I assumed any further
correspondence from you would be through
Paul.
Can we talk today at 3:30pm my time?
Dan
On Mon, 14 Dec 2009 19:06:08 -0500
-- wrote:
> > I am wondering why you have not
contacted me for our >weekly conference
call regarding Alexis?? > > > Jamie
Kinsman
> =
-----Original Message-----
From:
To: pga@eagleranchacademy.com
Sent: Thu, Dec 10, 2009 8:25 am
Subject: Documents - Alexis Kinsman x2
Again, I am requesting all of the documents I
have not yet received without my signature.
The more you ignore my requests, the more
obvious it becomes you are withholding these
items because you are aware that you and your
facility, along with *** tricked me into
placing my daughter into your facility by
misleading me & commiting intentional fraud.
Jamie Kinsman
Subject: Re: Documents - Alexis Kinsman
Paul,
Perhaps you need to look at the
agreement you have on file that was
signed and stamped by a Judge in San
Diego County.
It states that "each parent shall have
access to medical AND school records
pertaining to the child"
It was also told to me and my husband by
both yourself and Gerry Thamert in the
meeting that we had on Dec.4th that I
would receive the contract and
enrollment documents in its entirety as
I should having as much right to those
documents as *** does. Yet, I have
only received 9 pages.
I am also entitled to the
personalized/individualized treatment
plan that was supposedly done when my
daughter arrived at your facility.
Thank you.
Jamie Kinsman
-----Original Message-----
From: Paul Arslanian <pga@eagleranchacademy.com>
To:
Sent: Wed, Dec 9, 2009 1:58 pm
Subject: Documents - Alexis Kinsman
Jamie,
Bonnie forwarded your
email to me requesting
documents from us. We
will be happy to release
those documents you
requested, if ***
gives us written
authorization to do so.
Or you can get them
directly from him.
Paul
NOTICE: This email,
including attachments,
contains information
that is confidential and
may be protected from
disclosure by HIPAA
laws, the work product
doctrine and other
applicable protections.
Any use, dissemination
or reproduction of this
communication by any
unauthorized person is
prohibited. If you have
received this
communication in error,
please notify the sender
and delete the email and
any attachments.
-----Original Message-----
From:
To: bonnie@eagleranchacademy.com
Sent: Wed, Dec 9, 2009 8:31 am
Subject: Alexis Kinsman
This is my third request asking for these
specific documents that do not have my signature
on them Bonnie.
Although I am use to everyone there ignoring my
requests and disregarding my emails since that
is how I have been treated from the beginning, I
am still asking that these items be sent to me
as was told to me they would be by both Gerry in
the meeting I had with him and other staff, and
by Paul.
Is there a problem getting these sent to me???
Jamie Kinsman
The contract signed by both parents states
clearly that BOTH parents are allowed access to
any and all medical/school records that pertain
to our child, Alexis Kinsman.
-----Original Message-----
From:
To: bonnie@eagleranchacademy.com
Sent: Mon, Dec 7, 2009 1:39 pm
Subject: Re: Alexis Kinsman
Hmmm, I don't believe that is the case Bonnie, you
might want to check again.
Let me help you locate which documents I did not
receive from your facility while I visited last
Friday, Dec.4th, 2009. The following documents which
I believe you have on file, do NOT have my
signature.
1) Power of attorney form.
2) Eagle Ranch contact information
3) ERA authorization for the release of protected
health info ( information)
4) Permission for program items
5) Consent to receive psychoactive meds (
medications)
6) Interstate compact laws
7) Interstate on the placement of children request
form
8) Permission to obtain school records
9) Assignment of insurance benefits
10) Credit card policy
11)Omnicare financial responsibility ( 2 forms)
12) ERA Academic background form
13)Permission for field trips
14) CONSENT to examination AND treatment
15) Runaway information
16) I also need a copy of the submitted custody
arrangement/ ERA contract submitted by *** for my
records .
Please copy and scan these documents and send to me
via email.
I also understand that when the child is admitted
that she receives an assessment which allows your
"team" to form an "individual" treatment plan. I
however, have never received a copy of what that
personalized assessment is nor has anyone spoken to
me about what sort of personalized treatment my
daughter is actually getting.
I need a copy of that as well.
Thank you,
Jamie Kinsman
-----Original Message-----
From: Bonnie Johnson <bonnie@eagleranchacademy.com>
To:
Sent: Mon, Dec 7, 2009 1:06 pm
Hi Jamie,
Hope your visit with Alexis went well and you
had a safe trip home. Paul asked me to review
our file for any documents which you have not
signed. There are no other documents in the file
other than what you received a copy of which do
not have your signature on them.
Take Care,
Bonnie
It is not unreasonable for a person who has been intentionally
deceived into signing their child over to a secretive facility
that treats questions as "threatening" to their program (cult)
and who has been denied contact with their child by said program
and has had both the postcards sent to and from the child denied
by the program to question the program and demand the immediate
release of their child. Any parent whose child was being
held quasi-illegally in another state by people who refuse to
allow contact, bar or censor communications, and refuse to
answer basic questions about their program has every right to
demand the release of their child and pursue
legal
action against the offending facility.
Special Note: Confidentiality/non-disclosure requirements
of an e-mail message that are posted at the end of the message
or unenforceable and actionable by the receiving party.
See below:
press box
E-mail Confidential
Who's afraid of Time Inc.'s legal disclaimer?
By Jack Shafer
Posted Tuesday, June 1, 2004, at 6:42 PM ET
The other day, a Time Inc. journalist of my acquaintance
sent me an e-mail from his corporate e-mail account. I read
it quickly and was about to hit the delete icon when I
spotted this extraordinary 114-word "disclaimer" sloshing
around at the bottom. It read:
This message is the property of Time Inc. or its
affiliates. It may be legally privileged and/or
confidential and is intended only for the use of the
addressee(s). No addressee should forward, print, copy,
or otherwise reproduce this message in any manner that
would allow it to be viewed by any individual not
originally listed as a recipient. If the reader of this
message is not the intended recipient, you are hereby
notified that any unauthorized disclosure,
dissemination, distribution, copying or the taking of
any action in reliance on the information herein is
strictly prohibited. If you have received this
communication in error, please immediately notify the
sender and delete this message.
Thank you.
Ignoring the e-mail's threats, I forwarded it to my
175-pound Samoan attorney for his opinion, and he convinced
me that Time Inc. has much more to fear from me than I have
to fear from Time Inc. In fine Socratic fashion, my counsel
walked me through the disclaimer, sentence by sentence,
encouraging me to add my own thinking to our exercise. Here
are my notes.
This message is the property of Time Inc. or
its affiliates.
My attorney noted that it's probably true in the
technical sense that an e-mail message from one of its
employees sent via Time Inc.'s e-mail system is Time Inc.'s
property. For that reason, Time Inc. employees should
probably use their personal e-mail accounts for personal
notes.
But sending me an e-mail—like sending a letter—creates an
implied license for certain uses. What sort of uses? Surely
I have the right to delete it or to print it for my records.
I know of nothing in U.S. law that would bar me from sharing
it with my friends or even quoting the message in print. Of
course, there are limits to what one can do with e-mail or
other correspondence. U.S. copyright law gives every letter
and laundry list automatic copyright protection, so if you
published a slew of e-mail from a correspondent and he sued
you alleging copyright infringement, a court might find that
you deprived him of the financial rewards of his literary
labors and render a decision against you. But I doubt very
much if that's going to apply to one in a billion e-mails.
The first sentence of the Time Inc. disclaimer also got
me to thinking: If the message is Time Inc.'s corporate
"property," what is it doing in my in-box without an
invitation? Trespassing?
It may be legally privileged and/or
confidential and is intended only for the use of the
addressee(s).
Or it may not be, as my attorney noted. Correspondence
between an attorney and his client is usually considered
"legally privileged," but an e-mail from a Time Inc. wage
slave to me? Not automatically. If the message is privileged
or confidential, shouldn't Time Inc. let me know and not
leave me dangling with the vague "may be" language? And when
the disclaimer declares the message is "intended only for
the use of the addressee(s)," to what "use" is it referring?
Reading and burning it?
No addressee should forward, print, copy, or
otherwise reproduce this message in any manner that would
allow it to be viewed by any individual not originally
listed as a recipient.
Note the operative word, "should." My attorney says this
is nothing more than a request—only a fool would consider it
a binding contract.
If the reader of this message is not the
intended recipient, you are hereby notified that any
unauthorized disclosure, dissemination, distribution,
copying or the taking of any action in reliance on the
information herein is strictly prohibited.
My Samoan attorney says Time Inc. might have a case if
the message contained a trade secret intended for a
recipient other than me and I distributed it. But sending a
confidential or valuable message via insecure e-mail is a
funny way to preserve a secret. If Time Inc. wants to keep
its communications safe, it should invest in some sort of
encryption software that allows privileged readers to open
the mail but prevents them from forwarding, printing, or
otherwise duplicating it.
Microsoft, which publishes Slate,
even makes a product for such occasions.
If you have received this communication in
error, please immediately notify the sender and delete this
message.
This, too, is only a request. (See above.)
The oddest thing about the Time Inc. disclaimer isn't its
dubious legal language, but its placement at the bottom
of the e-mail message. It's one thing to ask a correspondent
to agree to terms of confidentiality before they read the
message, but to dictate the terms afterwards? Ridiculous! If
you really want to get the goat of a Time Inc. journalist,
send him some extraordinary dish about your company via
e-mail but then type the Time Inc. disclaimer into the end,
substituting your company's name for that of Time Inc.
As stupid as the Time Inc. disclaimer may be, they come a
lot stupider. In 2001, the
Register, a U.K. information technology Web site,
enlisted its readers to gather the
longest,
most PC, and
most incomprehensible disclaimers on the Internet.
******
After reading, please burn this Web posting and then send
your most hilarious disclaimer to
pressbox@hotmail.com. (E-mail may be quoted by name
unless the writer stipulates otherwise.)
DISCLAIMER: FAIR USE NOTICE: This may contain
copyrighted (C ) material the use of which has not
always been specifically authorized by the copyright
owner. Such material is made available for
educational purposes, to advance understanding of
human rights, democracy, scientific, moral, ethical,
and social justice issues, etc. It is believed that
this constitutes a 'fair use' of any such
copyrighted material as provided for in Title 17
U.S.C. section 107 of the US Copyright Law. This
material is distributed without profit.
Here are the statement(s) regarding abuse:
COMING SOON!
If you would
like to submit your statement of abuse/violations at Eagle Ranch
Academy, please
contact us for information.
When
we try to enlarge the file to the left it becomes less legible.