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WASHINGTON, DC -- Representative George Miller (D-CA) today asked the General Accountability Office to conduct a comprehensive investigation of residential treatment programs for children – commonly called “boot camps” – in light of repeated allegations of child abuse and fraud at these programs in the United States and abroad.
Very little is currently known about the programs, which have sprung up all over the country since the early 1990’s and which Miller estimates now serve thousands of American children. Miller said today that Congress needs more information about these programs so it can monitor and regulate them effectively.
“Across the country and abroad, treatment facilities that in many cases appear to be unregulated, unlicensed, and unaccredited are enrolling thousands of American children. In countless cases, children have reported acts of physical and emotional abuse by staff members at these facilities,” said Miller, the senior Democrat on the House Education and the Workforce Committee. “Yet Congress has nothing more than alarming anecdotal information about the true extent of this problem.
“There is no issue more serious than the health and safety of our children. Congress needs this information so it can act to keep children safe.”
In 2003, newspapers reported allegations of abuse at residential treatment programs operated by the Utah-based World Wide Association of Specialty Programs and Schools (WWASPS), which now has facilities in the United States and Jamaica. Between 1996 and 2004, state, local, and international authorities shut down at least eight facilities operated by or affiliated with WWASPS, according to press reports.
In November 2003, Miller asked then-U.S. Attorney General John Ashcroft to investigate WWASPS for allegations of “child abuse, human rights violations, fraudulent and deceptive advertising, fraud and unjust enrichment under the Internal Revenue Code, and violations of other Federal civil or criminal laws.” Despite repeated requests from Miller for an investigation, the Justice Department never launched one.
In April 2005, Miller introduced legislation, H.R. 1738, intended to prevent child abuse at residential treatment facilities in the U.S. and abroad.
In August 2005, the Child Welfare League of America called for a GAO review of residential treatment programs.
The full text of Miller’s letter to the GAO is below.
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December 21, 2005
Mr. David M. Walker, Comptroller General
Government Accountability Office
441 G Street, NW
Washington, D.C. 20548
Dear Mr. Walker:
In my capacity as the Senior Democratic Member on the House Committee on Education and the Workforce, I am requesting a study by the GAO of residential treatment programs and the companies that own and operate them. This study is urgently needed because of allegations of child abuse, human rights violations, fraud, and other violations of law by companies that operate these facilities.
Since the early 1990’s, hundreds of these programs – sometime referred to as behavior modification facilities or boot camps – are believed to have been established by U.S. companies both within the U.S. and abroad. Thousands of American children are enrolled in these programs. The true size of the industry is not known; in 2004, the Chicago Tribune reported that “a trade association and other experts say the schools are a $1 billion to $1.2 billion industry that serves 10,000 to 14,000 school-age children.”
While there may be programs that provide high-quality services to help troubled adolescents get back on track, the long history of allegations against many residential treatment programs demands that Congress become more informed about the industry in order to prepare legislation to better regulate it.
For example, the World Wide Association of Specialty Programs and Schools, or WWASPS, operates several behavior modification facilities in the United States and abroad. State, local, and international authorities closed at least eight WWASPS facilities between 1996 and 2004 for running afoul of the law. In 2004, Mexican authorities shut down a WWASPS facility in Ensenada, Mexico, called Casa by the Sea, for violations of immigration statutes, the improper distribution of pharmaceuticals, and indications of child abuse, according to The New York Times.
More recently, in May 2005, police in New York State were dispatched to the Academy at Ivy Ridge because of a riot during which 11 children fled the campus. In August, Ivy Ridge agreed to pay $1.65 million in refunds and fines because it had issued 113 diplomas even though it was not licensed or accredited to do so. John Sullivan, an assistant New York Attorney General, told Knight-Ridder that the case was “one of the largest educational fraud cases in New York state history.”
In order to help Congress get a full understanding of potential problems with residential treatment programs, I ask that you answer the following questions:
Overview of industry
- How many of these residential treatment companies and facilities exist in the United States? (These may also be referred to as behavior modification facilities or “therapeutic” or “specialty” boarding schools.) Which companies have the largest market share in the industry? How many facilities, operated by or affiliated with U.S. companies, exist outside of the United States? How many American children do these facilities serve? Please provide data about the demographic and economic backgrounds of these children.
- What forms of financing or financial support (i.e., loans, grants, scholarships, health insurance) are available to students and parents to pay for tuition, room and board at these residential treatment facilities? What role do foundations or other third parties, such as the C.S. Landre Foundation, play in providing funds for children to attend residential treatment facilities?
State regulations and industry standards
- Which states already have licensing or accreditation requirements for residential treatment facilities for children? Which states maintain safety, mental health, or educational standards for these programs? What are those standards, and how effective are they?
- What existing Federal laws, if any, help states in their efforts to monitor residential treatment facilities?
- What industry standards, if any, exist among residential treatment programs? Are there any trade organizations that represent the industry? What industry referral sources exist to help parents identify and select programs?
Allegations of fraud
- How many residential treatment programs are authorized and accredited to provide educational services and award diplomas? What evidence exists of residential treatment programs misleading and defrauding clients about their educational services and ability to award diplomas?
How do these programs and companies represent themselves to potential clients? For example, what advertising and marketing techniques do these companies and programs use to attract clients?
Allegations of abuse
- Please conduct a thorough review of allegations of human rights violations, child abuse, child sexual abuse, and other allegations of mistreatment of children. What evidence of physical or emotional abuse of children by employees of residential treatment programs exists? Which programs have been shut down based on findings of abuse or mistreatment of children?
Special tax treatment
- What special tax treatment, if any, do these residential treatment facilities receive?
- Do any of these residential treatment programs qualify as an institution such that the costs of tuition, meals, lodging and transportation are deductible medical expenses under the Internal Revenue Code?
- Do tuition and/or fees paid to residential treatment programs for some types of services constitute special education expenses and therefore qualify as deductible medical expenses under Internal Revenue Code laws and regulations?
Justice Department authority to conduct investigations
- What authority does the U.S. Justice Department have to conduct civil and criminal investigations of residential treatment programs?
If you have any questions about this request, please call Cheryl Johnson on my staff at (202) 225-5700. Thank you in advance for your prompt consideration of this request.
Sincerely,
GEORGE MILLER
Senior Democratic Member
Committee on Education & the Workforce
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