Sent to a Utah Troubled-Teen Program: Your Rights as an Adult Survivor

Why are so many survivors connected to Utah?

For decades, Utah has been home to a large share of the country's youth programs. Many sat in southern Utah, around St. George, Hurricane, Kanab and the open desert of Washington and Kane Counties. Others operated along the Wasatch Front, in Utah County near Provo and Orem, and in rural towns off I-15 and US-89.

Kids were sent here from all over the country. Many were transported in the middle of the night. Many could not call home without staff listening.

If that was you, you are not alone, and what happened to you is not a secret you have to keep.

What rights might an adult survivor have?

A civil case is a lawsuit for money damages. It is separate from any criminal case, and you do not need a criminal charge or conviction to bring one.

Depending on the facts, a civil case might be brought against:

• The individual who harmed you
• The company that owned or ran the program
• A parent company, management company or investor group
• People and businesses that transported, referred or contracted with the program

The goal is accountability. A case can force a program, and the people behind it, to answer for what happened in sworn testimony and documents.

Does it matter that I was a minor at the time?

Yes. Utah law treats harm to children differently in several ways.

For childhood sexual abuse, Utah has a specific statute, Utah Code 78B-2-308 (https://le.utah.gov/xcode/Title78B/Chapter2/C78B-2-S308_2022050420220504.pdf). In the current code text on le.utah.gov (last amended in 2022), a survivor may sue the person who committed the abuse "at any time." Claims against someone who negligently permitted the abuse generally must be filed within four years after the survivor turns 18, or within four years after discovering the abuse if that comes later.

That statute speaks to claims against individuals. Claims against a program company may be governed by other deadlines. Parts of the statute, including a provision that tried to revive older claims, have been challenged in court, and the legislature has considered changes in recent sessions. That is why timing should be reviewed with a lawyer, case by case.

For harm that was not sexual abuse, such as physical abuse, neglect or dangerous restraint, other limitation periods apply. Deadlines can be short and depend on the facts.

What if the program was "licensed"?

A license is not a defense to abuse. Utah has licensed many of these programs for years, and in 2021 the legislature added new rules for what it calls "congregate care programs" through S.B. 127, now codified at Utah Code 26B-2-123. That law covers outdoor youth programs, residential treatment programs, residential support programs and therapeutic schools serving children.

Those rules limit restraint and seclusion and require more frequent inspections. If your time in a program came before those changes, the older rules and general duties of care still matter.

What if I signed something, or my parents did?

Parents often signed long enrollment contracts. Some included waivers or arbitration clauses. A document like that does not automatically end a survivor's case. Whether it applies to you, and whether it can be enforced, is a legal question that depends on the exact wording and the facts.

Don't let a piece of paper you never saw decide this for you. Bring it, or describe it, at your review.

What should I do first?

You don't have to have everything figured out. A good starting point:

1. Write down the program name, location and the years you were there, as best you remember.
2. Save any letters, photos, journals or texts from that time.
3. Note names of staff and other students, if you remember them.
4. Talk to a lawyer before you post publicly or contact the program.

You set the pace. If talking about it is hard, we can go slowly.