Residential treatment facilities, designed to provide care for vulnerable children, are supposed to be safe havens. However, recent findings have unveiled a troubling reality. Children in these facilities, run by some of the country’s largest behavioral health companies, are at risk for sexual and physical abuse, dangerous physical restraints, and overmedication. These issues are compounded by weak oversight and a system that prioritizes profit over the well-being and safety of children. At Fadduol, Cluff, Hardy & Conaway, P.C., we stand against such injustices, ensuring that these facilities and their corporate lawyers are held accountable.

Senate Committee Findings

A landmark report by the Senate Finance Committee has highlighted the severe abuses occurring in residential treatment facilities. The report, the result of a two-year investigation, examined four major operators of these facilities: Universal Health Services, Acadia Healthcare, Vivant Behavioral Healthcare (for-profit companies), and Devereux Advanced Behavioral Health (a nonprofit organization). The investigation revealed rampant civil rights violations, including the overuse of seclusion and “chemical restraints”—injections intended to keep children calm, often administered even when the children were already compliant.

Sen. Ron Wyden, D-Ore., chair of the committee, emphasized the gravity of the situation, stating, “American tax dollars are funding the kind of abuse our investigators found.” The report detailed that some facilities receive over $1,200 per day per child from Medicaid yet fail to provide adequate care. Instead, they often pack facilities to capacity and under hire qualified staff, treating children as mere payouts rather than individuals in need of care.

Disturbing Incidents and Legal Violations

The 130-page Senate report documents numerous incidents of maltreatment and violations at these facilities. These include graphic allegations of sexual assaults by staff members against children and numerous accounts of physical abuse. For instance, at Universal Health Services facilities, staff members reportedly dragged or threw children, pushing them into fences, walls, and furniture. Similarly, Acadia Healthcare facilities saw repeated violations, including the simultaneous use of seclusion and chemical restraints, prohibited by federal regulations.

In one particularly harrowing incident at a Universal Health facility in Oklahoma, a female staff member admitted to molesting a girl and planned to have an “intimate relationship” with her after she turned 18. Despite reports of misconduct, the staff member continued to work at the facility and stood outside her victim’s window nightly until she was eventually terminated.

Advocacy and Legislative Action

During a Senate hearing, advocates and former residents of these facilities highlighted the stark contrast between the facilities’ promises and the grim reality. Reagan Stanford, an attorney with Disability Rights Arkansas, described the facilities as selling themselves as specialized providers, while in fact, they fail to deliver safe and adequate care.

Sen. Mike Crapo, R-Idaho, addressed victims directly, condemning the abuse and neglect they suffered. He stressed the need for facilities to be held to the highest standards and subjected to routine oversight. Sen. Wyden expressed hope for legislative action to address these issues, although no timeline for introducing a bill was provided.

Holding Corporations Accountable

At Fadduol, Cluff, Hardy & Conaway, P.C., we are committed to fighting against abuse and neglect in residential treatment centers. Our firm serves Texas and New Mexico, and we are dedicated to ensuring that these facilities and their corporate lawyers cannot hush up the rampant mistreatment. We believe that every child deserves a safe environment and proper care, and we will not stand idly by while these injustices continue.

Over four years ago, Fadduol, Cluff, Hardy, & Conaway Law Firm joined forces with three other law firms to tackle Acadia Healthcare Company, Inc. This collaboration culminated on July 7 with one of New Mexico’s largest personal injury verdicts. A Rio Arriba County jury awarded $485 million to a minor female client who was sexually abused in foster care under Acadia’s subsidiaries.  The work and results done by Fadduol, Cluff, Hardy & Conaway were referenced in various locations throughout the Senate Report.

The legal team argued that Acadia Healthcare was negligent in protecting the child despite repeated reports of abuse in the foster home. Josh Conaway, partner at Fadduol, Cluff, Hardy & Conaway, emphasized the jury’s recognition of the victim’s value and the imperative that companies prioritize child safety.

Conaway expressed gratitude to their courageous client and highlighted the verdict as a message that victims’ rights must be respected. Conaway noted that the verdict signaled that companies could not neglect child safety for-profit and lauded the jury’s decision to hold Acadia Healthcare accountable.

The Senate report urges the companies involved to conduct comprehensive staffing reviews, install more security cameras, and adhere to existing federal regulations on restraints. Additionally, state and federal oversight agencies must ensure companywide improvements are made rather than isolated fixes at specific sites.

An Advocate for You and Your Family 

The findings from the Senate Finance Committee are a call to action. The abuses documented in residential treatment facilities are unacceptable, and it is imperative that we hold these companies accountable. At Fadduol, Cluff, Hardy & Conaway, P.C., we are committed to advocating for the rights and safety of children. If you or someone you know has been affected by these issues, contact our office at 866-433-0927 or visit our website for a Free Consultation. Together, we can fight for justice and ensure a safer future for our children.

Fadduol, Cluff, Hardy & Conaway, P.C. is a leading law firm serving Texas and New Mexico, specializing in holding residential treatment centers accountable for abuse and neglect.