Laws

This web site does not give out legal advice, nor does it provide contact for specific law firms or attorneys. Additionally, laws vary from state to state. Also, laws and administrative decisions and procedures are constantly changing. For advice specific to your situation, please consult your attorney.

What Are the Laws that Protect My Child While In an RTC?

Private residential treatment centers are not currently regulated by the federal government and only a handful of states require RTC’s to be licensed or monitored as a mental health facility. It is incredibly important for you to understand where to look for information about the history of care provided by any RTC you may consider.

How Can I Determine if the RTC is Following Proper Procedures and Laws?

In July 2008 the Federal Trade Commission released Facts for Consumers article on questions you should ask at residential treatment facility (http://www.ftc.gov/bcp/edu/pubs/consumer/products/pro27.shtm). 

Since many RTC’s are in states that do not require certification or licensing, you can check with the state attorney general (www.naag.org) Better Business Bureau (www.bbb.org) or the local consumer protection office (www.consumeraction.gov/state.shtml) for any negative reports.

Restraint and Seclusion

The are federally mandated restraint rules for children in psychiatric residential treatment centers. To view these rules please go to http://www.bazelon.org/issues/children/restraint/restraingtandseclusion.htm

Currently Congress is considering the Stop Child Abuse in Residential Programs for Teens Act 2009 which would mandate federal oversight and a 2-year review of all programs. You can keep track of this bill at http://www.govtrack.us/congress/bill.xpd?bill=h111-911