Records From a Closed Program: How Survivors Find Them

Troubled-Teen ProgramsBy Frank Stucki, Esq., MBA · · 3 min read

Records From a Closed Program: How Survivors Find Them

Quick answer

A program closing its doors does not always mean its records are gone. Licensing files, medical and school records, court cases, company filings and your own family's papers can often help piece together what happened.

Why do records matter so much?

Records can confirm dates, names and events that a survivor remembers only in fragments. They can show what staff wrote down at the time, and sometimes what they left out.

Records are not required to start a conversation with a lawyer. Your memory is evidence too. But records can make a case stronger and help answer questions about who was responsible.

Where do records go when a program closes?

It depends on the program and why it closed. Records may have been:

  • Transferred to a new owner or a sister program
  • Kept by a parent company or management company
  • Stored by a records custodian or a former clinical director
  • Sent to a successor school for academic files
  • Lost or destroyed, in some cases

Programs in Utah have been sold, renamed and reopened under new brands. A closed program in Kane County or Utah County may have a corporate cousin still operating today.

What government records might exist?

State licensing files. Utah licenses many youth programs through the Office of Licensing in the Department of Health and Human Services. Inspection reports, complaints and violations may exist. Since 2021, S.B. 127 has required quarterly inspections of congregate care programs and reporting of restraint and seclusion.

Public records requests. Utah's Government Records Access and Management Act gives people a right to inspect public records. Under Utah Code 63G-2-201, a person has the right to inspect a public record free of charge, and to copy it, subject to fees and request rules. Some records are classified as private, protected or controlled, and the rules for those are different.

Court records. Lawsuits, licensing disputes and criminal cases involving a program or its staff may appear in Utah's court system. The courts' Xchange case search covers many district and justice court cases, though juvenile, sealed and some other cases are excluded.

Police and DCFS reports. If something was reported at the time, local police or the county sheriff, such as in Washington or Iron County, may have a report. Child welfare records have their own confidentiality rules.

What about medical and therapy records?

If a program had nurses, therapists or a doctor, there may be a clinical chart. Patients generally have a right to request their own health records, and a lawyer can help with requests and any authorizations.

Also think about records outside the program:

  • Hospital or ER visits during your stay
  • Your pediatrician or family doctor before and after
  • Insurance claims your parents filed, which can list dates and providers

What about school records?

Many programs claimed to offer accredited schooling. Transcripts may have gone to your next school or your home district. A transcript can confirm dates of attendance, even if the program is gone.

What can my family and I gather?

Often the most useful records are already in a closet or an inbox:

  1. Enrollment contracts and invoices
  2. Weekly emails or call notes from therapists
  3. Letters you wrote home, especially ones staff reviewed
  4. Photos, newsletters and graduation certificates
  5. Transport receipts

Keep originals as they are. Don't write on them or reorganize them.

Should I contact the old program myself?

We usually suggest talking to a lawyer first. A records request can alert people to a possible case, and how it is worded matters.

No attorney fee unless there is a recovery. If there is no recovery, you will not owe an attorney fee.

This article is for general information only and does not create an attorney-client relationship. If you are in crisis, call or text 988 or call 911.

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Frank Stucki, Esq., MBA is licensed in Nevada, Washington and Utah. Cases in California and other states are handled with local co-counsel licensed there.