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Provo youth facility sued
July 14, 2007
By Nathan Johnson
A Provo youth residential treatment
facility is being sued in federal court for refusing to release
patient records related to an investigation into abusive practices.
The Disability Law Center, a
nonprofit advocacy group, filed the suit against Discovery Academy,
which has operated in Provo since 1989. Robert Jeffs, legal council
for Discovery, describes the facility as a boarding school where
students who have various issues can come.
The Disability Law Center in Salt
Lake City is funded by the federal government and charged with
monitoring various facilities that service disabled people.
DLC has said that they have
received credible allegations about "potentially abusive practices
being used against a youth who was a resident of Discovery Academy."
The center further asserts that
"over the years, the DLC has received a number of complaints from
residents and parents alleging improper or abusive treatment at
these facilities."
The lawsuit centers, however, not
on the allegations of abuse, but on alleged refusal to open up
Discovery Academy facilities for investigation.
"Discovery Academy allowed only
limited access to its facility but refused the DLC sufficient access
to complete its investigation -- alleging that the disability
advocates did not have the authority to investigate because
Discovery Academy does not treat youth with disabilities," reads a
statement from Disability Law Center managing attorney Kerry
Chlarson.
Jeffs, however, said that he is
startled by the DLC accusations.
Jeffs said he and his clients have
provided advocates with reams of records and access on numerous
occasions. Further, Jeffs said, Discovery Academy has fully
cooperated with DLC when they have asked for records.
But what really surprised the
Discovery Academy legal council was that neither he, nor Executive
Director Brent Hall, had heard about the lawsuit before the Daily
Herald contacted them.
"We haven't heard from them in
months," Jeffs said.
And he said his suspicions are on
high alert. He speculated about the fact he didn't receive a copy of
the complaint.
"It makes me believe it is for
publicity purposes only," he said.
As for the alleged abuse, Jeffs
acknowledged that there have been inquires into one or two cases
involving residents at Discovery, but given that he had not been
apprised of the lawsuit nor seen copies of the complaint, he was
unable to comment.
Chlarson said that the DLC also did
not know for certain whether abuse was taking place.
"We have no way to know the merit
or lack of merit of these charges," he said.
The DLC generally does not work to
seek punitive damages, instead seeking to monitor facilities and
correct problems.
"Our role would be to remedy any
abuse we find," said Chlarson.
They did not, however strictly rule
out seeking damages if it could be used as a "tool for change."
Nathan Johnson can be reached at
344-2543 or at njohnson@heraldextra.com.
This story appeared in The Daily
Herald on page D1.
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