How can we help?
- Why choose McNicholas & McNicholas, LLP
- What is the troubled teen industry?
- Abuse and neglect in troubled teen and sober living facilities
- The scope of the problem in California
- National troubled teen industry statistics
- Who can be held legally responsible in troubled teen and sober living cases?
- Damages available to survivors and families
- How can survivors of the troubled teen industry fight back?
- Frequently asked questions
- Do you have a California troubled teen industry and sober living attorney near me?
- Contact a California troubled teen industry and sober living attorney today
Why choose McNicholas & McNicholas, LLP
At McNicholas & McNicholas, LLP, we’re dedicated to our clients. With decades of trial experience and recognition from top publications and organizations (including U.S. News Best Law Firms®), we’re proud to advocate for victims of the troubled teen industry and sober living facilities. Our attorneys are survivor-centered. We listen to our clients’ stories to truly grasp their trauma. This allows us to build effective claims and better pursue the damages our clients are legally entitled to.
The team at McNicholas & McNicholas, LLP, has experience handling complex institutional abuse cases. We understand that parents and survivors aren’t just seeking compensation – they want accountability for those who caused the harm. We approach troubled teen industry and sober living abuse cases aggressively with relentless advocacy. We pursue justice for every client we represent. If you’ve suffered injuries or trauma while in a troubled teen or sober living program, contact McNicholas & McNicholas, LLP, today. We’re here to help.
What is the troubled teen industry?
The troubled teen industry refers to a broad range of programs for youth who appear to be struggling with emotional, behavioral, or substance abuse problems.
There are many different types of programs for troubled teens, including:
- Therapeutic boarding schools. These programs typically provide academic instruction alongside counseling or therapeutic services in a residential setting.
- Wilderness programs. Here, teens work through trauma or stress in a natural environment. These programs are often sold as a transformative experience and a way to toughen up ‘soft’ kids.
- Boot camps. When teens have a lack of motivation or struggle with behavioral issues, boot camps are designed to get them into shape. The behavior modification camps often rely on harsh, military-style tactics.
- Residential treatment, including sober living centers. Long-term facilities offer treatment for issues like addiction and eating disorders. When drugs or alcohol have threatened well-being, a rehabilitation center will attempt to break bad habits and offer redirection.
- Gay conversion programs. Some programs have historically promoted harmful practices such as conversion therapy, but California banned sexual orientation change efforts (commonly called conversion therapy) for minors. Since then, many other states and Washington, D.C. have enacted full or partial bans on sexual orientation change efforts due to their harmful, discriminatory and ineffective practices.
Regardless of the type of troubled teen industry program, facilities often target troubled youth and market themselves as a place that can help by combining supervision, discipline, and therapeutic benefits.
While some troubled teen and sober living programs are subject to state licensing and regulation, oversight and enforcement gaps have been widely documented, increasing the risk of abuse and neglect. This means there may not be program models to follow, staff qualification requirements, or safety practices and policies, making it more likely that the line between legitimate treatment and abusive programs can be crossed.
Abuse and neglect in troubled teen and sober living facilities
Survivors of abuse and neglect in the troubled teen industry may have experienced various forms of abuse, including physical, emotional, and sexual abuse, as well as neglect and exploitation. Common examples include:
- Sexual assault
- Physical assault
- Use of physical restraints or holds
- Verbal and psychological abuse
- Medical neglect
- Intimidation or threats by staff
- Forced isolation, confinement, punishment
- Failure to report abuse or injuries
- Deprivation of basic necessities such as food and water
- Retaliation against residents who speak out
The scope of the problem in California
As of June 30, 2023, state data indicates there were nearly 1,000 residential drug and alcohol recovery and treatment facilities in California, with roughly 500 serving six or fewer residents and about 480 serving more than six residents. According to the California State Auditor, Orange County has one of the highest proportions of small residential treatment facility beds per capita among California counties.
There is significant uncertainty regarding how many individuals may be affected by troubled teen and residential sober living treatment programs in California. Estimates range from conservative (1,500-5,000 teens in programs and 15,000 parents) to middle ground at 12,000 potential victims. High ranges indicate over 100,000 individuals moving through facilities annually, although this number is inflated as it doesn’t focus on potential victims of abuse. However, more data is needed to confirm these numbers.
National troubled teen industry statistics
According to Breaking Code Silence, as of 2022, there are over 10,000 programs within the troubled teen industry, and there are 120,000 to 200,000 minors currently in congregate care facilities across the U.S. Congregate care includes residential care with inpatient services.
Estimates suggest that tens of billions of dollars in public funding flow annually to youth residential and congregate care systems nationwide, including facilities commonly associated with the troubled teen industry. Still, despite the large payout, facilities operate without meaningful oversight. The lack of oversight has resulted in assault, abuse, neglect, civil rights violations, hospitalizations, and even death.
Advocacy groups and investigative reporting have documented that since the 1970s, hundreds of children have died in programs commonly associated with the troubled teen industry, though comprehensive government data is lacking. These deaths are believed to be almost all preventable.
Causes of preventable deaths included:
- Restraints by undertrained or untrained staff members.
- Suicides where no precautions were taken for students known to be actively suicidal
- Neglect, both medically-related and not.
- Injuries or deaths occurring during escape attempts.
Together, these statistics about the troubled teen industry highlight the detrimental consequences of allowing privately operated youth programs to function without oversight and accountability in the United States.
Who can be held legally responsible in troubled teen and sober living cases?
There are several parties who may be liable when someone has suffered in the troubled teen industry, including:
- Facility owners and operators. The company that owns or operates a troubled teen or sober living residential program may be liable for failing to provide safe living conditions, proper supervision, and adequate staffing.
- Parent companies. Parent companies may set policies or control operations that engage in unsafe practices.
- Management companies. When overseeing daily operations, management companies may be found liable for failing to prevent or address known risks.
- Staff members and supervisors. Individuals may be held liable for directly committing abuse or failing to intervene when they know it’s happening.
- Other entities that enabled or ignored abuse. Other entities may be responsible if they were aware of harmful conditions and failed to take reasonable steps to prevent or stop abuse.
While liability depends on the specific facts of each individual case, an experienced attorney can help you identify all responsible parties and guide you through your available legal options.
Damages available to survivors and families
Survivors deserve justice for what they have been through. An experienced attorney can help you seek compensation for economic and non-economic damages.
Economic damages
- Medical expenses for physical injuries
- Medical expenses for therapy or psychiatric treatment bills
- Lost wages and loss of earning capacity
- Long-term care needs
Non-economic damages
- Pain and suffering
- Emotional and psychological trauma
- Loss of enjoyment of life
Punitive damages may also be available (where permitted by law).
How can survivors of the troubled teen industry fight back?
Survivors of the troubled teen industry can fight back by speaking up, sharing stories, seeking legal guidance, and holding institutions accountable through civil action. Advocacy organizations are a good place to start.
For example, the #BreakingCodeSilence movement encourages survivors to share stories. Breaking Code Silence collects firsthand accounts from survivors, families, and former participants involved in residential treatment, wilderness therapy, and other out-of-home programs. The organization doesn't publish government-level statistics, but its reporting helps identify recurring patterns across the troubled teen industry.
Working with elected officials is another way to fight the troubled teen industry.
Survivors can also consult with an attorney to understand whether or not they can file a lawsuit to seek justice for being wronged.
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