Zehnder Report #1

February 26, 2005

Isabelle Zehnder
Investigative Reporter

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Licensing for 'therapeutic' schools?
Salt Lake Tribune

February 5, 2005

    A Senate committee hesitantly endorsed a bill on Friday that seeks to provide more oversight of Utah's thriving teen-help industry.
   Some lawmakers voiced concern that the measure could be construed to apply to boarding schools and not just live-in behavioral modification programs.
    Senate Bill 176 would create a new licensing category of troubled-teen programs dubbed "therapeutic schools." The measure defines these schools as residential treatment facilities catering to students "who have a history of failing to function at home and in school," private schools that offer room-and-board and "specialized supervision," or treatment programs for emotionally and behaviorally disabled youths.
   There are currently no state licensing requirements for such schools, said sponsoring Sen. Chris Buttars.
   "There is no oversight, no standardized mechanism to address complaints," he said.
   The West Jordan Republican carried similar legislation last year, but was criticized for having a conflict of interest as head of a residential treatment facility, the Utah Boys Ranch.
    Buttars has since retired, but says he is no less committed to keeping kids safe. He has made one concession - excluding boarding schools from this year's version of the bill - in an attempt to avoid a run-in with Robert Lichfield, founder of a chain of controversial boarding schools who has dumped tens of thousands of dollars into key Republican campaigns.
    Nevertheless, the director of one of Lichfield's programs, Majestic Ranch, testified at Friday's hearing in opposition to Buttars' bill.
    The definition of therapeutic school "is so muddy that any school like us would be drawn in," said Tommy Johnson, director of the facility near Randolph.
    Johnson said the 60 students who live and attend class at the ranch are there voluntarily and primarily for an education. The school offers private psychological counseling, but not routine or mandatory behavioral treatment.
    "We don't cater to kids with severe disabilities or psychological disorders," said Johnson, who fears the ranch would have to expand its services and charge more tuition if required to be licensed as a therapeutic center.
    Johnson said she isn't opposed to regulation and stresses she endorses another oversight bill sponsored by Panguitch Republican Sen. Tom Hatch. Senate Bill 107 focuses on giving state regulators more leeway to crack down on unsafe group homes. It has passed the Senate and is expected to come before a House committee soon.
    Buttars admitted his proposed regulations would apply to the Majestic Ranch, but said, "they should come under these rules."
   The school has been investigated three separate times for alleged abuse, resulting in one criminal charge and conviction.
    Sen. Greg Bell, R-Fruit Heights, expressed a desire to give schools like the ranch some regulatory relief, but said "Let's pass [Buttars' bill] out and debate it on the floor."