If there are any lawyers/law students out there, I’d appreciate someone weighing in on this. During the week since I first started posting about Zach’s story, a few people have raised legal questions or potential legal issues about his situation. (My updates on the story are here, here , here and here.)
Of course, the huge caveat here is that we haven’t heard anything from Zach since he entered Refuge on the 6th, and we probably won’t until he’s done with the program, sometime in the next several days. Until then, no one has any idea how he feels or what he wants.
My entirely unstudied opinion is that there are few, if any, legal options. here Most of the issues raised concerned whether placing a kid in a place like Refuge constitutes child abuse or a human rights violation. My guess is that the answer, legally, is probably “no.” Given that Zach is a minor, if his parents want him to be there then there he will be until the program endshis time is up. Furthermore, my guess is that attempts to convince Tennessee state government agents would be met with a similar answer, unless there was tangible proof that Zach’s life or health were in danger. (Of course, is mental health could be in danger, which could potentially also place his life in danger, considering the possibility of suicide. Zach, though, didn’t indicate any likelihood of harming himself just prior to entering the program). So, there will likely be little cooperation from state government agents or officials in that regard.
From my perspective, there’s really only one legal option, and that can’t really be pursued uptil after Zach is released, and only then if he wants to pursue it and has the means to do so. That option is to become an emancipated minor. Problem is, near as I can tell, there is no emancipated minor status in Tennessee. So that option is not available.
So, legally speaking, is Zach’s story a dead end? Are there any real legal options he could pursue if he wants to? I don’t know, but my best guess is there are few, if any, legal options here.
Again, legal minds of the blogosphere, I’m interested in hearing what you have to say on this.
Legally, I doubt there is much…
However, you’d think the media would pick up on this. I’d like to see Anderson Cooper interviewing Zach’s parents.
I’m venturing way out of my area of expertise, but it’s conceivable that a benefactor could seek to intervene (essentially seeking habeus corpus) and asking the court to appoint a guardian ad litem to represent the child.
I would think that it would have to be either a relative or the local child welfare bureaucracy. I don’t think ACLU-type advocates would have standing.
Tennessee doesn’t have a statute providing for emancipation of minors, but they do have “judicial emancipation,” which means that there is case law supporting emancipation depending on the facts of the case.
Morgan v. Morgan, 1988 Tenn. App. Lexis 792 (1988)
Zack would need his own attorney, of course.
I’m not sure how relevant this is, but there were several cases related to another brainwashing camp (that had nothing to do with homosexuality) called Tranqulity Bay in Jamaica, where it was proved that the child was put in harm’s way and guardianship was changed. I don’t have Lexis and can’t check specific cases, but it may be an avenue to consider.
There may be a state law regarding involuntary mental health inpatient admissions of minors. Although even if they have one it probably refers to a very narrowly defined type of institution.
Actually… there are a few more options as well.
For the immediate situation, Zach is currently being held in an unlicensed instution. The “camp” does not have a license of any sort from the TN Dept. of Health — which is required to treat mental disorders and substance abuse. This includes for prevention services. With this, they may just have enough to get a temporary injunction.
As for court, in Tennessee any adult has standing in the Youth Court, which will have jurisdiction of Zack for now.
This was a comment on Zach’s blog by one of Zach’s friends:
Jun 18, 2005 12:25 AM – vote for pedro writes:
For everyone who reads Zach’s page, here’s an update on Zach. He has to do an extension for 6 weeks. So he wont be able to get online or anything. But he thanks everyone for their love and support. And he’s doing okay. He’s probably changed slightly because of being in that kind of environment for so long but he is still the awesome zach that we know him as. There has been a phony on Myspace pretending to be zach. This is the only page that’s the real zach’s myspace.
(www.myspace.com/specialkid )
In an email I received from Miss Poppy (a response to an email I’d sent regarding my concern that LIA try to make “an example” of Zach or enact some form of retribution for the bad press), she suggested the possibility of contacting Tennessee Children’s Services at 1-877-237-0004 as they’d be obliged to investigate. Having no evidence of anything that would stand up as child abuse or direct endangerment (though I’d guess this experience is quite dangeroud from an emotional perspective), I’d be hesitant to contact them; however, if they are (as Dan suggested) operating something that must be considered some form of “mental health treatment” (a rehab program of any kind should be considered as such) without the proper licensure from the state, I’d think requesting investigation would be warranted.
It would be nice if the “legal” shows on talking head TV would cover this sort of story as there are many legal and civil rights issues in this sort of situation that have to be considered.
I don’t think this page about emancipation of minors can be relied on, it says Texas has no such status but I know that we here do have such a thing. You have to be at least 16 and the judge details what disabilities of minority will be removed in the emancipation order.