Survivors Outside Utah: You Can Still Bring a Case About a Utah Program

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

Survivors Outside Utah: You Can Still Bring a Case About a Utah Program

Quick answer

Many people harmed in Utah programs were sent here from states across the country, and many no longer live here. Where you live today does not, by itself, stop you from bringing a case about what happened in Utah.

Why do so many out-of-state survivors have Utah cases?

For years, families across the country were referred to Utah programs by educational consultants, therapists and school counselors. Kids were flown into Salt Lake City or St. George, or driven in from neighboring states, and taken to programs in the desert, the mountains or the suburbs of Utah County.

When they left, they went home. Years later, many are raising families in other states and wondering whether a Utah case is even possible.

It often is.

Where would my case be filed?

A case about harm at a Utah program is often filed in Utah, where the program operated and where many witnesses and records are. In some situations, a case may be filed in another state, such as where the company is based or where key events like recruiting and contracting took place.

Which court is right depends on who the defendants are, where they did business and which state's law applies. That is a strategic decision made early, with you.

Will I have to move or travel to Utah?

Usually not much. Much of a modern civil case happens by phone, video and email. Many meetings, document exchanges and even some sworn testimony can be done remotely.

Some steps may require travel, such as a mediation or a trial. If that happens, we plan for it well ahead and talk through what support you need.

Which state's deadlines apply?

This is one of the most important questions for an out-of-state survivor, and it does not have a one-size answer.

Utah has its own limitation periods, including a specific statute for childhood sexual abuse, Utah Code 78B-2-308. Your home state may have different rules. In some cases, more than one state's law could matter. Parts of Utah's statute have also been litigated.

Deadlines can be short and depend on the facts. Don't assume you are too late, and don't assume you have unlimited time. Ask.

Can a Utah lawyer help me if I live elsewhere?

Frank Stucki, Esq., MBA is licensed in Utah and represents survivors connected to Utah programs, wherever they live now. When a case belongs in another state's courts, we can work with local co-counsel licensed there so your case is handled properly.

What about other survivors from my program?

Many programs housed dozens or hundreds of kids each year. Other survivors may be spread across the country. Their accounts can help show patterns, such as the same staff, the same methods or the same failure to act.

You don't need to find anyone else before calling. And you never have to share your story with other survivors unless you choose to.

How do I get started from out of state?

  1. Note the program name, town and approximate dates.
  2. Gather anything from that time: letters, photos, school transcripts, discharge papers.
  3. Note how you got there, including any transport company or consultant your family used.
  4. Call or send a message. A first conversation can happen entirely by phone or video.

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.