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Abstract

Although there is a consensus that children receiving mental health treatment in youth residential programs should only be restrained and secluded in emergency situations, youth residential program staff routinely restrain and seclude children in non-emergency situations, causing significant physical and psychological harm to the child and, on occasion, leading to the child’s death. Current federal and state laws do not adequately regulate this practice, nor correct a business model that wrongly prioritizes profits over a child’s well-being, but private action through 42 U.S.C. § 1983 may provide a powerful remedy to victims of the troubled teen industry and the necessary incentive for the industry to change its ways. The collection of youth residential programs, known colloquially as the troubled teen industry, is well-known for problematic and abusive practices and a troubling lack of federal oversight. Youth residential programs provide much-needed behavioral health services for a wide range of children, thereby taking in an exorbitant amount of public funds and attracting significant interest from private equity investors focused only on short-term profits. The unfortunate result of this business model is that staff frequently restrain and seclude children out of convenience and as a means of coercion, discipline, and retaliation. Although a patchwork of state and federal laws and regulations generally prevents the use of restraint and seclusion for these purposes, it has been increasingly difficult to enforce these laws and hold programs accountable as the troubled teen industry continues to grow. Even when parties initiate legal action against youth residential programs, monetary judgments do not provide the necessary incentive for operators of these programs to change. This Note explores the possibility of initiating private action under 42 U.S.C. § 1983 for a violation of rights provided under the Children’s Health Act of 2000 for children harmed by the unlawful use of restraints and seclusion, and how injunctive relief may bring the troubled teen industry, on the whole, into compliance.

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