{"id":19171,"date":"2022-06-26T22:11:00","date_gmt":"2022-06-27T05:11:00","guid":{"rendered":"https:\/\/www.unsilenced.org\/?p=19171"},"modified":"2022-06-27T12:04:46","modified_gmt":"2022-06-27T19:04:46","slug":"pennsylvania-legislation-report","status":"publish","type":"post","link":"https:\/\/www.unsilenced.org\/pennsylvania-legislation-report\/","title":{"rendered":"Pennsylvania Legislation Report"},"content":{"rendered":"

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As you review this report, please consider donating. Your contribution will help us continue our work advocating for survivors and youth. Every donation makes an impact, no matter the size. Thank you for your support!<\/p>\n<\/div>

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Completed by:<\/p>\n

The Unsilenced Policy Team<\/p><\/h4><\/span>

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Pennsylvania Legislation Report<\/h1><\/span>
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2022<\/h1><\/span>
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2022<\/h1><\/span>
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Introduction<\/h1><\/span>
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The ‘troubled teen’ industry is a network of residential programs that claim to provide treatment for the behavioral and developmental needs of youth. The industry\u2019s lack of transparency and accountability has led to widespread abuse of youth, resulting in hospitalizations, prolonged trauma and death.<\/h3><\/span>
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Today, there are an estimated 120,000 – 200,000 minors in residential programs across the United States. These youth are placed each year by state child welfare agencies, juvenile justice courts, mental health providers, refugee resettlement agencies, school districts\u2019 individualized education programs, and by parents.<\/p>\n

Many of these youth have trauma histories, which are only exacerbated by being removed from their communities and institutionalized. Youth with lived experience describe these programs as being carceral, harsh, and abusive.<\/p>\n

An estimated $23 billion dollars of public funds annually are used to place youth in residential programs. Daily rates for residential treatment ranges from $250-$800, costing up to $292,000 per year, per child.<\/p>\n

It is overwhelmingly clear that our communities and agencies are over-relying on residential placements that are negatively impacting the youth they serve.<\/p>\n<\/div><\/div><\/div><\/div><\/div>

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Introduction<\/h1><\/span>
<\/div><\/div><\/div><\/div><\/div>
<\/div><\/div><\/span>

The ‘troubled teen’ industry is a network of residential programs that claim to provide treatment for the behavioral and developmental needs of youth. The industry\u2019s lack of transparency and accountability has led to widespread abuse of youth, resulting in hospitalizations, prolonged trauma and death.<\/h3><\/span>
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Today, there are an estimated 120,000 – 200,000 minors in residential programs across the United States. These youth are placed each year by state child welfare agencies, juvenile justice courts, mental health providers, refugee resettlement agencies, school districts\u2019 individualized education programs, and by parents.<\/p>\n

Many of these youth have trauma histories, which are only exacerbated by being removed from their communities and institutionalized. Youth with lived experience describe these programs as being carceral, harsh, and abusive.<\/p>\n

An estimated $23 billion dollars of public funds annually are used to place youth in residential programs. Daily rates for residential treatment ranges from $250-$800, costing up to $292,000 per year, per child.<\/p>\n

It is overwhelmingly clear that our communities and agencies are over-relying on residential placements that are negatively impacting the youth they serve.<\/p>\n<\/div><\/div><\/div><\/div><\/div>

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Pennsylvania Legislation<\/h1><\/span>
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<\/i><\/i><\/span>Residential Treatment Facility<\/span><\/a><\/h4><\/div>
\n\n
\n \n\n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n
\n General Oversight and Transparency <\/td>\n \n Title 55 Chapter 3800<\/a> <\/td>\n <\/tr>\n
\n Oversight Agency <\/td>\n \n Department of Human Services <\/td>\n <\/tr>\n
\n Which state agency oversees investigations? <\/td>\n \n Office of Children, Youth, and Families <\/td>\n <\/tr>\n
\n Are investigations and outcomes visible to the public online? <\/td>\n \n No <\/td>\n <\/tr>\n
\n Is this type of program required to be licensed by the state? <\/td>\n \n Yes, except for child residential facilities operated directly by the department <\/td>\n <\/tr>\n
\n Is a list of licensed facilities available to the public? <\/td>\n \n Yes<\/a> <\/td>\n <\/tr>\n
\n Can complaints be filed online? Is the reporting portal easy to find? <\/td>\n \n No <\/td>\n <\/tr>\n
\n Does the state conduct unannounced site visits? How many per year? <\/td>\n \n Yes. Annually <\/td>\n <\/tr>\n
\n Are background checks required, including volunteers? <\/td>\n \n Yes for staff. No for volunteers.<\/a> <\/td>\n <\/tr>\n
\n Is a full-time licensed clinician required to be on staff? <\/td>\n \n Yes. \u00a73800.54. Child care supervisor (d) The child care supervisor shall have one of the following: (1) A bachelor\u2019s degree from an accredited college or university and 1 year work experience with children. (2) An associate\u2019s degree or 60 credit hours from an accredited college or university and 3 years work experience with children. <\/td>\n <\/tr>\n
\n Is parental consent required to make any changes to a child's medical or mental health treatment plan, unless an emergency? <\/td>\n \n Yes when possible. However, not required in an emergency <\/td>\n <\/tr>\n
\n Does the state require that parents be notified of an emergency involving their child within 24-hours of the incident occurring? <\/td>\n \n 24-hours is not specified <\/td>\n <\/tr>\n
\n Does the state require notification within 24-hours of a program admitting, discharging or major treatment change for children under its care? <\/td>\n \n No <\/td>\n <\/tr>\n
\n Does the state require that a licensed psychiatrist provide an initial mental health evaluation and to maintain detailed records of the child's care and treatment plan? <\/td>\n \n No <\/td>\n <\/tr>\n
\n Does the state require mandatory child abuse response training for all staff working with children in residential settings? <\/td>\n \n No <\/td>\n <\/tr>\n
\n Does the state require medical response training for all staff working with children in residential settings? <\/td>\n \n Yes. Required before working alone with children and within 120 days of being hired <\/td>\n <\/tr>\n
\n Does the state require 1:4 staffing ratio or higher? <\/td>\n \n Yes, but ratio varies depending on age of children and if they are sleeping. <\/td>\n <\/tr>\n
\n Ban on Conversion Therapy for LGBTQA+ youth? <\/td>\n \n No<\/a> <\/td>\n <\/tr>\n
\n Does the state have regulations on admissions processes that require well-defined admissions criteria and demonstrated needs based policies for acceptance? <\/td>\n \n Yes. There is a requirement for a placement process in which the facility assesses and documents the needs and circumstances of the child and if that facility can meet those needs and provide service. <\/td>\n <\/tr>\n
\n Are the parents and the admitted child required to be informed of their rights, the process to report violations of those rights, and the program's role in protecting those rights before admission? <\/td>\n \n Yes. \u00a73800.31 <\/td>\n <\/tr>\n
\n Does the State define institutional abuse and neglect? <\/td>\n \n No <\/td>\n <\/tr>\n
\n Are there civil penalties for violations of institutional child abuse and neglect? <\/td>\n \n No Information <\/td>\n <\/tr>\n
\n Does the State prohibit mail censorship? <\/td>\n \n Censorship is prohibited for outgoing mail but incoming mail from people other than state, federal or county officials and the child's lawyer may be opened and read if there is reasonable suspicion of contraband or material that may jeopardize the child's well being. \u00a7 3800.32 <\/td>\n <\/tr>\n
\n Does the state require that youth have access to guardians, legal counsel, welfare advocates, religious clergy and family\/friends via telephone as frequently as can be facilitated? <\/td>\n \n No. Youth have the right to communicate with others by telephone but it is subject to \"reasonable facility policy and written instructions from contracting agency or court.\" <\/td>\n <\/tr>\n
\n Does the state require that children be allowed visitors in private during normal visiting hours? <\/td>\n \n No. Not private unless the visitor is the child's attorney <\/td>\n <\/tr>\n
\n Is it required that youth receive individualized and appropriate mental health treatment that is evidence-based? <\/td>\n \n An ISP (Individual Service Plan) is developed for the youth but whether mental health treatment that is evidence-based is not specified <\/td>\n <\/tr>\n
\n Is medical and psychological experimentation on youth prohibited without the express consent of all involved parties? <\/td>\n \n No Information <\/td>\n <\/tr>\n
\n Is it required that youth receive education that is of the same quality and outcomes as their assigned public school? <\/td>\n \n Yes, a Department of Education-approved school program or one under contract with local public school district <\/td>\n <\/tr>\n
\n Is it required that youth receive age-appropriate sexual education, access to sexual healthcare, and menstruation supplies? <\/td>\n \n No Information <\/td>\n <\/tr>\n
\n Are youth provided with access to advocacy services and representation? <\/td>\n \n No Information <\/td>\n <\/tr>\n
\n Does the state require parental consent to all treatment received? <\/td>\n \n No. Whenever possible, general written consent is to be obtained during admissions. For non-routine treatments, if a parent is not able to consent than it can be ordered by court. Emergency treatment does not need parental consent. <\/td>\n <\/tr>\n
\n Is a grievance procedure required for youth and families? <\/td>\n \n Yes, the child and parents have the right to lodge grievances without a fear of retaliation - Child's Rights, 3800.31 <\/td>\n <\/tr>\n
\n Is youth consent required for all treatment received? <\/td>\n \n It depends on age and type of treatment. Under the Mental Health Procedures Act (50 P. S. \u00a7 \u00a7 7101\u20147503), a child who is 14 years of age or older can consent to mental health treatment, including the administration of psychotropic medication. <\/td>\n <\/tr>\n
\n Does the State have zoning and occupancy requirements for structures being used to house youth in residential settings? <\/td>\n \n Yes. \u00a73800.102 <\/td>\n <\/tr>\n
\n Does the state prohibit aversion therapy? <\/td>\n \n Yes <\/td>\n <\/tr>\n
\n Is physical restraint prohibited? <\/td>\n \n No. Applying pressure or weight on the respiratory system is prohibited. The prone position (face down on the floor) is not permitted on pregnant girls. The position of the physical restraint or the staff member applying the restraint must be changed every 10 consecutive minutes. A person not involved in the physical restraint must observe and document the physical and emotional condition of the child at least every ten consecutive minutes during the whole physical restraint. 3800.211, Manuel Restraints <\/td>\n <\/tr>\n
\n Is chemical restraint prohibited? <\/td>\n \n No. For emergency use only. The drug must be ordered by a licensed physician and must be administered by a licensed\/certified\/registered medical personnel on an emergency basis. Immediately prior to administering the drug, the physician must have examined the child and given a written order. This is also a must for re-adminstering the drug. Vitals must be monitored and documented by physician at least once per hour. Physical needs of child must also be met. 3800.209, Chemical Restraints <\/td>\n <\/tr>\n
\n Is mechanical restraint prohibited? <\/td>\n \n Yes. Mechanical restraint is prohibited. Devices that are used to help support body positioning or balance after a medical procedure is permitted. This is includes helmets and wheelchair belts and are not considered mechanical restraints for the purpose of keeping the patient safe. <\/td>\n <\/tr>\n
\n Is seclusion prohibited? <\/td>\n \n Yes. Prohibited, a restrictive procedure may be used only to prevent a child from injuring himself or others.\u00a7 3800.202. Appropriate use of restrictive procedures. Seclusion in a locked room is prohibited <\/td>\n <\/tr>\n
\n Is there a Bill of Rights for youth in care? <\/td>\n \n No <\/td>\n <\/tr>\n <\/table>\n<\/div>