Name

Unit/Position

Academy of Eastern Arizona in Holbrook, AZ--NOW CLOSED

Re-creation Retreat in Fredonia, AZ  (Soderquist and Taylor reportedly opened Re-creation Retreat together.)

HEAL SPECIAL REPORT:

ACADEMY OF EASTERN ARIZONA'S ENROLLMENT AGREEMENT REVIEW

HEAL has found multiple problems with Academy of Eastern Arizona's enrollment agreement including apparent unconscionable terms and contradictory terms leaving us to believe that Academy of Eastern Arizona is running a money-making scam on families in need of assistance.  We will be alternating between "quoted text" from pages of Academy of Eastern Arizona's enrollment agreement (as was downloaded from   on October 10th, 2010 easternarizonaacademy.com) and HEAL's questions/concerns.  HEAL will not repeatedly link to the enrollment agreement in full throughout this review, and, we advise readers to scroll back and/or open the enrollment agreement in a new window while reviewing our work for accuracy or if additional contextualization is preferred.  This is an independent review and if you are in need of legal assistance or advice, please consult with an attorney. 

Enrollment Agreement (Pages 2 & 3)

"This form is crucial in the assessment of your daughter's suitability for enrollment in Academy of Eastern Arizona."

"Father's Name"

"Occupation"

"Date of Birth"

"Social Security #"

"Employer Name"

"Employer Address"

HEAL's Questions/Concerns

HEAL has included the above to show that this program claims to be a "girls only" facility.  At this time, we have no reason to believe this program takes boys. 

The father's name and information requested is also requested from the mother and/or any other legal guardian.  This is a lot of personal, private information that could be used for improper ends and isn't required by other programs in this industry.  It is a serious concern that Academy of Eastern Arizona requests so much personal identification information from the parents.

Enrollment Agreement (Page 4)

"Describe your daughter's relationship with her family"

"Has your daughter used drugs or alcohol?"

HEAL's Questions/Concerns

The "Student History" information is both very subjective and subject to the emotional perspective of frustrated parents as opposed to professionals.  HEAL is not including all of the questions on the form in our review.  It is a concern that the child is not being consulted and other family members are not being consulted regarding their opinions regarding familial relationships and the causes of any stress in the family.  This will not provide truly accurate information for any "assessment" the Academy of Eastern Arizona (Academy/Academy's) could legitimately perform, if any.

Parents should inquire as to the licensing and qualifications of Academy of Eastern Arizona to determine if they are licensed and properly qualified to provide drug/alcohol abuse treatment services.  It has been HEAL's experience that many programs claiming to be drug abuse treatment facilities, are not licensed nor qualified to provide such services and this is a serious concern.

Enrollment Agreement (Page 5)

"Has your daughter demonstrated any sexually active behaviors (promiscuity or other inappropriate behaviors)"

HEAL's Questions/Concerns

If a teen is of legal age of consent for sexual activity, parents should be looking into appropriate sex education and information services and not trying to prevent their young adult from exercising their legal right.  See www.heal-online.org/teenrights.htm for more information and resources.  Parents may also benefit from reviewing our Parenting Guide at www.heal-online.org/parent.htm.   

Enrollment Agreement (Pages 7-8)

"Past Inpatient Treatment History"

"Facility Name"

"Does your daughter take birth control pills?"

HEAL's Questions/Concerns

Academy of Eastern Arizona includes three sections for three separate treatment facilities where the teen has previously been held.  It is a serious concern that a child would be repeatedly subjected to an industry that's programs obviously do not work.

It is a concern that the Academy asks specifically about birth control when all medications a child is currently taking is to be reported on other forms.  Why does the Academy focus so much on a young woman's reproductive rights and habits, especially at an "all girl" program?

Enrollment Agreement (Page 11)

"Goal in life I desire for my student"

"Objectives to work toward or problems of my student"

HEAL's Questions/Concerns

Parents should be interested in their children's talents and life goals and support all of those goals that are reasonable and legal.  It is not up to parents to decide anyone else's life goal(s).  It is up to every individual to decide his/her own life goals.  A parent who finds this desirable is suffering from mental health issues such as controlling, domineering characteristics that are unhealthy and often abusive.  Often, the parents need more therapy than the children when the children are struggling.

It should be up to professionals and the teen to determine what problems legitimately exist and what goals should be advanced.  Again, such a question suggests a need for the parent to seek therapy and look at their own controlling behaviors that are causing disruption in the family.

Enrollment Agreement (Page 12)

"Enrollment Contract made by, between, and among Academy of Eastern Arizona (hereinafter the "School"), a private school with therapy organized and existing under and by virtue of the laws of the State of Arizona with its principal place of business at or near Holbrook, and the undersigned, whether one or more "hereinafter the "Client" or "Sponsors"), for benefit of the child or ward of client (hereinafter the "Student"):"

"Upon the completion of this agreement, the School agrees to review for the admission the above named Student and promises to undertake and provide the following services and facilities; room and board; routine academic services and testing; all routine therapeutic services as needed; supervised use of recreational equipment and facilities; supervised work projects; psychological consultation; personal amenities and haircuts."

"This agreement will begin on the date Student is physically admitted to Academy of Eastern Arizona, and be in effect for a period of six months."

"All students accepted on the condition that they will complete individual education and treatment goals."

"The monthly rate for services described under section 2 shall be $5,300.00 per month to include services listed in section 2 of this contract."

"in addition to the above payment, the Sponsor(s) agree to pay for the following expenses incurred by the Student, which will be billed to the Sponsor(s) monthly, as they arise; all Medical and Dental expenses; prescribed medications; airline or other forms of transportation (including admission and discharge travel expenses); request for academic transcripts to be sent to more than one facility and special academic or psychological testing beyond that which is normally coved by the School."

"an initial payment consisting of the enrollment fee of $2,500.00 plus the first months tuition costs are due upon admission."

"The Sponsor is responsible for timely payment of monthly tuition amounts and agrees to be reimbursed by insurance."

"The rate described under 4.a. shall be subject to annual increase."

"Sponsor(s) agree to be financially responsible for the costs of repairing or replacing any School property or personals, or for the replacement of any property belonging to others which may be located at the facility which has been damaged, defaced or destroyed by the Student, or for any damage resulting from injury to third person caused by the Student."

HEAL's Questions/Concerns

Academy of Eastern Arizona claims to be a private school operating in Arizona and under Arizona law.  What parents should know about Arizona laws regarding Private Schools:

    "1.  There are no statutory prerequisites for establishment of a private  school in Arizona.

    2.  The State Board of Education has no power to regulate private or parochial schools in Arizona.

    3.  There are no statutory qualifications for teachers who teach in private schools.

    4.  There is no statutory minimum number of students in order for a school to qualify as a 'private school.'"

This means that the Academy of Eastern Arizona is not regulated by the State of Arizona.  And, this is a serious concern and suggests that the Academy is misleading families by suggesting there are laws and regulations in place that simply do not exist. 

We included the second segment to show the "services" covered by the $5,300.00 monthly tuition rates for this "school".

There is a minimum stay of 6 months that is required by the program.  However, the "condition" of the agreement mentioned in the fourth segment above shows that the program expects children to stay until the program decides they can leave and expects parents to "renew" the contract on a monthly basis after six months until program approves the child's "graduation".

If the program were to last 12 months (a year), the program costs would be a minimum of $63,600.00 (+ enrollment fee of $2,500.00=$66,100.00).  This is more than a year's tuition at Harvard University, including room and board in 2010.  This appears to be a total scam as there is no regulation and the costs exceed those of one of the best universities in the country.  "Harvard University will increase tuition next school year by 3.8 percent, the school announced yesterday, bringing the annual cost of a Harvard education, including room and board, to $50,724." (Source: boston.com, March 19th, 2010)  The Academy of Eastern Arizona is required to meet no educational standards by the laws of Arizona and charges over $10,000 more per year than Harvard.  Parents should really think about what this means for themselves and their families.

And, that minimum of $66,100.00 does not cover additional fees for medical and academic services that the program claims are not "routine" services for the Academy.  This is a serious concern and families concerned about their financial future and their child's future, should avoid being scammed by unregulated programs like this one.

Parents should ask how often insurance companies reject claims for payment in covering the costs of Academy of Eastern Arizona prior to assuming it is covered or will be covered and being stuck with a hefty bill for services likely not rendered.

It is a concern that the program holds the family accountable for any losses the program suggests are caused by the child.  Parents should demand that any claims for damages of this kind be proven and consult their child before paying anything to the program.  This is also a seemingly unconscionable clause as the program refuses to take responsibility for items lost, stolen, or damaged by the program staff or others that belong to the child. (see below for more information)

Enrollment Agreement (Pages 13 & 14)

"An accounting of the expenses incurred by the School while assisting the Sponsor(s) in finding and returning the student to the School will be made to the Sponsor(s).  Sponsor(s) will be responsible for one-half of such expenses."

"The School is not liable financially or otherwise, for the loss, damage, or theft of any of the student's property during their stay."

"The Sponsor(s) also agree to pay 18% annum on any unpaid balance that becomes over 60 days past due both during the treatment and if any default occurs."

"The School is not liable for any injuries, illness or other damages occurring to the Student during the term of enrollment, including any resulting from the Student's participating (on or off campus) in programs or activities of the School."

"The School is not responsible or liable for any lost, stolen or damaged personal property of the Student during the term of enrollment, including any resulting from the student's participating (on or off campus) in programs or activities of the School, nor is the School liable for any lost, stolen or damaged personal property of the Student which is the result of actions on the part of another Student."

"However, said transcripts and records shall not be released until all balances owing the School under this contract are paid in full."

"Sponsor(s) agree to be subject to jurisdiction of Utah Courts in any dispute between the parties of this agreement...Moreover, the parties agree that Utah law shall govern this agreement."

"The School reserves the right to terminate this agreement at any time upon seven (7) days advance notice to Sponsor(s).  In the event of such termination by the School, the School shall refund any unused portion of tuition paid."

'Sponsor(s) retain the right to terminate the agreement at any time without penalty provided a thirty (30) day advance notice has been given to the facility administrator in writing.  In the event that the Sponsor(s) withdraws the student prior to the completion of the treatment without thirty (30) days notice, the Sponsor(s) shall pay the School one (1) month tuition for the breach of this agreement."

"THE UNDERSIGNED AGREE(S)-that in the event that other healthcare professional providers, including, but not limited to other hospital(s), furnish services to the student while in the School, the consent(s), assignment(s), guarantee(s), and release(s), herein above set out, apply to other providers and services."

"This agreement constitutes the entire agreement between the parties except as may be noted by attached addendum when appropriate."

HEAL's Questions/Concerns

The Academy of Eastern Arizona (Academy/Academy's) policy on accepting 50% of recovery costs in the event of a runaway is a more fair policy than the more prevalent policy in the industry of holding parents 100% responsible for such costs.  However, since the Academy is taking on the power of attorney (see below) and responsibility of the child while enrolled, it would be most ethical for them to accept full liability in the event of a runaway.  This is especially true where the program model inspires children to escape.

HEAL has included the second segment to show that the Academy does not accept any responsibility for loss, damage, or theft of the child's property and expects families to bear the costs associated with such loss or damage.  This is appears to be an unconscionable clause as it is not balanced by the program's policy when it is responsible for such losses and damage.  (see page 11 and 12 review above)

It is unconscionable to charge an 18% interest rate on late payments.  This is excessive and not in line with protecting one's financial interests, but, more with profiting off the errors of others.  This is an unethical term.

It is a serious concern that if a child is harmed by the program or program staff that the program refuses and denies any and all responsibility in the event of such injuries/harm. 

It is a minor concern that the program will withhold transcripts and prevent a child's successful re-entry into public or legitimate private schools.  This shows that the Academy puts its profits over the welfare of children in its program. 

It is a concern that the program claims to operate "near" Holbrook, formerly operated under a different name in Cedar City, Utah and claims in the contract that Utah law governs the contract/agreement and shall be the venue for lawsuits.  This is a concern as the program is apparently misleading the public and families by claiming to be governed by Arizona laws and then by Utah laws.  Which is it?

What does the Academy mean by "unused portions"?  How is the refund amount, if any, determined?

It is a serious concern that the program demands 30 days notice and if that is not given that the parents pay for an additional month of the program regardless of the parent's desire to no longer be associated with this "school".

It is a serious concern that if the program contracts with other programs or providers that they expect a release waiver that covers all possible liability to apply to such programs and services.  They are more interested in protecting their business relationships than their clients.  And, this is a serious concern.

The contract provides for no specific provision of services other than that which the program considers "routine".  The "routine" of Academy of Eastern Arizona is reportedly a level-system based behavior modification program and if that is the "routine" of their services, it is not in line with respected and accepted educational or therapeutic services.  This is a serious concern, especially given the costs associated with the program.

Enrollment Agreement (Page 15)

"POWER OF ATTORNEY"

"KNOW ALL MEN BY THESE PRESENT, that I/we ___________the parent(s)/legal guardian(s) ("client"), do hereby certify to Academy of Eastern Arizona, that I/we are true and lawful attorney in-fact for _________, ("student"), and that said student is my/our daughter or legal ward."

"We hereby execute this Power of Attorney for the purpose of providing custodial care, educational, group, and milieu therapy services in connection with Academy of Eastern Arizona."

"Without limiting or qualifying the general Power of Attorney granted and delegated by Client to Academy of Eastern Arizona in the paragraph above, Client specifically grants to Academy of Eastern Arizona and it's representatives the following powers:

"To transport the Student from their home to the Academy of Eastern Arizona facility and to house the Student in said facility until the Student's completion of or departure from the Program."

"To guide and discipline the Student as deemed necessary and reasonable by Academy of Eastern Arizona (but not to include physical punishment.)

"To physically restrain the Student should he/she become a danger to himself/herself or to anyone else, as deemed necessary by Academy of Eastern Arizona."

"To search the person and personal effects of the Student at any time, and seize and confiscate any items deemed by Academy of Eastern Arizona to be contraband or counterproductive to the Student's successful completion of the Program."

HEAL's Questions/Concerns

It is a concern that the program promotes the "kidnapping"/"escort" approach and provides said approach in-house.  The program coming to "spirit away" a child in the middle of the night, regardless of intention, is causing serious trauma to the child and as an initial experience with the program is counterproductive to establishing a trusting and healthy relationship with the child.  This show of absolute control and force in the "kidnapping" of the child from their home shows that this program does not care about the mental health of children it claims to serve.

It is a concern that the program both claims it does not use physical punishment, while also claiming to assign "work projects" as punishment (which is of a physical nature and depending on task can result in permanent injury) and moreover that the program uses "physical restraint" and violates the child's privacy rights by performing unnecessary strip searches and other searches on the children.  These are serious concerns as many children have been killed in similar programs due to the misuse of restraint.  Parents have the right to waive their own rights, but, not the rights of their minor children.  See www.heal-online.org/legalarguments.htm for more information.  And, if you need legal advice, please consult an attorney.  This is an independent review and not intended to be used in place of legal advice/services.

In addition, the program uses "himself/herself" in referring to students who may be restrained.  This is where some of the confusion regarding the students they accept comes in and why we stated at the beginning that the program claims to be an "all girls" program. 

Enrollment Agreement (Page 19)

"In addition, please send a copy of the transcript to:

High School Programs

BYU Independent Study

120 Morris Center

Provo, UT 84602"

HEAL's Questions/Concerns

So, all educational services are provided by BYU's "independent study" program.  So, the Academy of Eastern Arizona is not providing any educational services, but, contracts with BYU to provide educational services.  How can this program operate primarily as a school and not be a school at all?  This is a serious concern.

Enrollment Agreement (Pages 21-22)

"Please note that the facility phone policies and privileges apply regardless."

"I/We further give informed consent for the Student to participate in all programs and activities of the school, including, but not limited to, educational or therapeutic programs, work projects, training programs, and various forms of recreation and athletics..."

"I/We further agree to release the School, its employees and its agent from all liability for any injury to the student caused by any act or omission on their part in the course of such field trips, activities, and leaves, and to indemnify and hold harmless the School, its medical staff, its employees and its agents from all claims, costs and losses incurred as the result of any act of the Student while on such field trips, activities and leaves."

I/We understand that the use of reasonable restraint and/or confinement may be necessary, if severity of symptoms or behaviors warrant, in order to protect the Student from harming herself or others, or destroying School property.  Should such restraints and/or confinement become necessary during the Student's admission.  I/We understand and agree to indemnify the School, its employees or agents from any loss due to injury that may occur as a result of such restraint and/or confinement."

HEAL's Questions/Concerns

Like other programs, the Academy likely limits the child's contact with the outside world and/or includes a "communication blackout" period during early phase(s) of the program.  This is a warning sign of an abusive facility.  For more warning signs and questions parents should ask any program they consider for their family, see www.heal-online.org/warn.htm. 

It is unlikely that the families are providing informed consent as most programs in the industry do not properly explain their harmful and ineffective methods to families.  Often most of the practices are explained in a manner that is not accurate or truly explicative of their practices.  Stating your are providing "informed consent" and actually being informed of all risks and practices of the program prior to signing are two different subjects in regards to programs such as Academy of Eastern Arizona.

It is a serious concern that the program wishes for parents to indemnify the program against its own wrongdoing.  This is unethical and does not show a responsible nature of those operating this program that claims to teach something it does not exemplify in life or action.

It is a serious concern that the program uses restraint as was covered above.  It is also a serious concern that the program uses isolation.  Some survivors of other programs have reported being kept in isolation (confinement) for months at a time.  This is considered torture by international human rights authorities and is a serious concern.  Parents should ask what is the longest any child has spent in a restraint hold.  Parents should also ask what is the longest amount of time a child has spent in "confinement" in the program and under what circumstances are restraint and isolation commonly used to resolve presenting issues.

Enrollment Agreement (Pages 25-26)

"This is intended to assure that children are placed into licensed, safe placements and that the state laws in the sending and receiving states are followed.  Even parent placements are regulated by this compact agreement, unless placing directly with a relative."

"INTERSTATE COMPACT PLACEMENT REQUEST"

"RESIDENTIAL TREATMENT CENTER"

HEAL's Questions/Concerns

HEAL believes that Academy of Eastern Arizona is not licensed as a residential treatment center in Arizona and solely operates as an unregulated private school.  Although, it may qualify as a Residential Treatment Center according to laws defining "Residential Treatment Center".  Here is how the law defines "Residential Treatment Center" in relation to Interstate Compact Placement Request forms:

"Residential Treatment Center: a group care facility which provides a specific treatment program outside the realm of a medical hospital, psychiatric hospital or institution for the mentally retarded or mentally ill; e.g., a residential program for the treatment of alcohol/drug abuse. The receiving state is not obligated to supervise this type of placement made by the sending state." (Taken from ocfs.state.ny.us on September 20th, 2010)

HEAL sincerely and heartily suggests you do not place your child in Academy of Eastern Arizona and rescue them if they are there now.

Enrollment Agreement (Pages 27 & 28)

"I wish that myself/child may participate in these activities knowing that they are dangerous.  I accept and assume all the risks of injury (including death) to myself, child, and or property."

"In exchange for being permitted to participate in these activities, for myself, my heirs, guardians and legal representatives, I release and agree not to make or bring any claim of any kind against land owners, horses owners, instructors, animals and anyone assisting, for any injuring (including death), to myself child or property whether from any ones negligence or not, or any other cause, arising out of my participation in these dangerous activities.  I also agree that if anyone makes any claims of any injury to me (including death), or any damage to my property, I will keep all those released by this agreement free of any damages or costs because of those claims."

"I AM AWARE THAT THESE ACTIVITIES CAN BE HAZARDOUS AND THAT I COULD BE SERIOUSLY INJURED OR EVEN KILLED.  I AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED, AND AGREE TO ASSUME ANY AND ALL RISKS OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN."

HEAL's Questions/Concerns

HEAL has already discussed at length our concerns regarding the release and waivers.  However, we would like to point out that the "informed consent" suggested by previous segments of the review contradict the notion that risks are "unknown".  Regardless, the language of the above should inspire intelligent people to avoid Academy of Eastern Arizona.

Enrollment Agreement (Page 30)

"CONSENT AND AUTHORIZATION TO TRANSPORT"

"I, ___________, the parent/guardian of________________, do hereby give my Permission for Daniel Taylor and/or representative of Academy of Eastern Arizona to transport my child to Academy of Eastern Arizona located in Holbrook, Arizona via airplane and/or automobile."

HEAL's Questions/Concerns

The program claims to operate "in or near" Holbrook throughout much of the documentation.  In addition, Integrity House operated out of Cedar City, Utah and Academy of Eastern Arizona is a "name change" of that program.  The owners and staff of Integrity House are the same as that of Academy of Eastern Arizona.  And, the program claims to be governed by Utah law for the contract and by Arizona law for the school.  Arizona does not regulate private schools at all and this is another area of concern already addressed above.  The issue here is that parents do not really know exactly where there children are being spirited away to and/or whether their children will be in Utah or Arizona during their stay.  The educational services (correspondence courses) are provided from BYU in Provo, Utah and parents should find out where exactly their children will be held once taken by Taylor or his "goons".

Medical Provider Forms

"North Country Community Health Center, Inc."

"Family Healing Center"

"1401 W. Florida, Holbrook, AZ 86025"

HEAL's Questions/Concerns

Medical services for this program appear to be provided by the above company at the above location.  We provide this only as additional information and to show that we did review those forms as well.

Based on all of the above, we sincerely advise against placing any child in Academy of Eastern Arizona and recommend families bring their children home.