7 FAM 1780
BEHAVIOR MODIFICATION FACILITIES
(CT:CON-804; 04-30-2018)
(Office of Origin: CA/OCS)
7 FAM 1781 INTRODUCTION
(CT:CON-102; 02-27-2005)
Numerous camps, schools, or similar behavior modification
facilities (BMFs), have opened in the United States and abroad for the purpose
of re-educating or modifying the behavior of minors. Because these children
are often kept in these facilities at their parents wishes, but against their
own desires, you may find them a difficult group to deal with and to monitor.
It is the Departments policy not to interfere with the legitimate rights of
parents to educate or raise their children as they see fit, so long as the
living conditions and discipline meet generally acceptable norms. Though these
facilities may be operated and staffed by U.S. citizens/nationals and populated
primarily by U.S. citizen/national minors, the host country where the facility is
located is responsible for compliance with local safety, health, sanitation,
and educational laws and regulations, including all licensing requirements of
the staff in that country. Information about such facilities is available in
the Department of State Fact Sheet Behavior Modification Facilities.
7 FAM 1782 Characteristics Of BMFs
And Students
(CT:CON-102; 02-27-2005)
While these facilities may differ somewhat based on
location, stated purpose, and the intentions and prior experience of the founders
and staff, there are several commonalities, including:
(1) The vast majority of students at these facilities
are U.S. citizens or nationals;
(2) Students are often adolescents who have had
serious behavior problems with their parents or guardians;
(3) In some instances, a U.S. state court has ordered
students to attend the Behavior Modification Facility;
(4) U.S. citizen/national parents who place a child in
these facilities typically sign a contract for their childs treatment that
authorizes the facilitys staff to act as agents for the parents;
(5) Contracts often give the staff blanket
authorization to take all actions deemed necessary, in their judgment, for the
health, welfare, and progress in the childs program;
(6) The facilities tend to isolate the children in
relatively remote sites;
(7) Many employ a system of graduated levels of earned
privileges and punishments to stimulate behavior change; and
(8) The Behavior Modification Facilities often
restrict contact with the outside world, and the childs communication
privileges may be limited.
7 FAM 1783 MONITORING AND REPORTING
7 FAM 1783.1 Authorities
(CT:CON-102; 02-27-2005)
You have significant and ongoing responsibilities for the
protection of minor U.S. citizens/nationals in your consular district, even
those placed there by custodial parent or parents. As noted above, the
Department will not interfere with legitimate parental rights, but we do have
certain obligations to monitor and protect the welfare of U.S. citizens or nationals abroad, particularly minors. Consular authority for the
protection of minors is derived from a variety of treaties, laws and
regulations, including:
(1) TREATIES. See Treaties in Force on the Department
of State Internet page to confirm whether a particular multilateral or
bilateral treaty is in force between the United States and the host country.
(a) Vienna Convention on Consular Relations (VCCR).
Article 5(h) and of the VCCR provides that consular functions include protection
of the interests of minors of the sending State.
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Article 5(h) Vienna Convention on Consular Relations
Consular functions include
(h) safeguarding, within the limits imposed by the
laws and regulations of the receiving State, the interests of minors and
other persons lacking full capacity who are nationals of the sending State,
particularly where any guardianship or trusteeship is required with respect
to such persons.
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Article 37 of the VCCR concerns host country
responsibilities in the event cases of guardianship or trusteeship.
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Article 37 VCCR
If the relevant information is available to the
competent authorities of the receiving State, such authorities shall have the
duty:
(b) to inform the competent consular post without
delay of any case where the appointment of a guardian or trustee appears to
be in the interests of a minor or other person lacking full capacity who is a
national of the sending State. The giving of this information shall, however,
be without prejudice to the operation of the laws and regulations of the
receiving State concerning such appointments.
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(b) Bilateral Consular Conventions. See the CA/OCS
Intranet page treaties feature for information about bilateral consular
conventions. Check Treaties in Force on the Department of State Internet page
to confirm the status of a particular treaty.
(2) Laws and Regulations.
(a) 22 CFR 71.1 Protection of Americans Abroad;
(b) 22 CFR 71.6 Services for Distressed Americans; and
(c) 22 U.S.C. 1731 Protection to Naturalized Citizens
Abroad.
7 FAM 1783.2 Consular Monitoring
Responsibilities
(CT:CON-102; 02-27-2005)
As soon as you learn of the existence of a Behavior
Modification Facility in your consular district, you should take the following
actions, even if you have received no complaints:
(1) Make an initial visit to the facility as soon as
possible;
(2) Develop and maintain contact with the facilitys
management and explain posts consular protection function in monitoring the
well being of U.S. citizen/national students;
(3) Identify and network with any host government
organization that has oversight or licensing responsibility for the facility.
These include the local child welfare, health, and education authorities. You
should strongly encourage these authorities to conduct their own independent
oversight of the Behavior Modification Facility;
(4) With the permission of the management, photograph
the facility, preferably using a digital camera to permit rapid transmission of
your photos to the Department (CA/OCS/ACS). You should assure the Behavior
Modification Facility leadership that these photographs will be used for
official government purposes only;
(5) Ensure that all U.S. citizen/national students are
registered with the consulate, and that you know how to contact their parents
or guardians;
(6) Determine if all the U.S. citizen/national
students are documented as U.S. citizens;
(7) Obtain written Privacy Act Waivers from each
student, if they are willing to provide one;
(8) Establish a schedule of visits to the facility,
and an opportunity to speak alone with the U.S. citizen/national students in a
location where you and the student are confident of not being monitored; and
(9) Once you have established a pattern of scheduled
visits, try to make occasional unannounced visits.
7 FAM 1783.3 Specific Consular
Actions in Suspect Cases
(CT:CON-102; 02-27-2005)
If allegations surface, or if for any reason you are
concerned about possible mistreatment or abuse of a student or group of
students, you need to take appropriate and immediate action.
7 FAM 1783.3-1 Verify the
Allegations
(CT:CON-102; 02-27-2005)
a. In some cases, abuse or mistreatment may be obvious,
but often it is subtle. In addition, sometimes students, particularly those in
the facility against their own wishes, may make false or exaggerated claims in
an effort to get out. You should try to verify abuse, and to develop an
informed opinion on the validity of any allegations. During your visits,
always ask individual students if they are aware of any other students who
might be having particular difficulties and then seek to interview anyone they
might name. If you request Behavior Modification Facility management to make a
specific student quickly available for an interview and they refuse, report
this to the Department immediately.
b. If a student alleges abuse or mistreatment, obtain
as much independent verification as possible, by actions such as:
(1) Examining, and if possible photographing, any
marks or bruises;
(2) Asking the student for the names of any witnesses,
and interviewing them separately;
(3) Describing the abuse in general to other students,
without identifying the alleged victim, to see if they verify the allegations;
(4) Get specifics. Having the victim describe in
detail where, when and by whom the abuse occurred. This is important not only
in verifying the abuse, but in taking appropriate follow-up actions; and
(5) If appropriate and possible, carefully examining
the facility for any physical evidence that might support the allegations, such
as a punishment box, whipping post, manacles or chains, etc.
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Note: Bring all such allegations to the Departments
attention immediately, even if you are still in the process of trying to
verify the abuse. Normally, the Department will discuss the allegations
directly with the parent, or ask the post to do so.
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7 FAM 1783.3-2 Consult with
Facility Administrators as Appropriate
(CT:CON-102; 02-27-2005)
The well being of the students under their care rests in
the first instance with the facility administration and ownership. That being
said, approaches in cases of abuse need to be carefully considered. In some
cases, raising alleged or confirmed abuse with facility authorities may be the
best solution, but in others, possible complicity on the part of facility
administration may make approaching them not only futile, but also increase
risks for the alleged victim or other students. In making this determination,
you should try to consult with the Department (CA/OCS/ACS) in advance, and
consider the following factors:
(1) How well and for how long have you (or the
mission) known the school and its practices?
(2) What input has the host government provided?
(3) What is your own best judgment as to the validity
and seriousness of the allegations?
(4) How strong is the possibility that this was an
isolated event, or attributable solely to one specific individual in the
facilities faculty or administrations?
7 FAM 1783.3-3 Discussing Cases
with Host Government Authorities
(CT:CON-102; 02-27-2005)
While host government authorities do have primary
responsibility for the conduct of facility administrators, and the welfare of
students, you should carefully consider at what level, and to what degree, you
place the matter in the hands of local authorities. Discuss possible
approaches with the Department, and consider various factors, including:
(1) Your opinion as to the effectiveness of host
authority oversight, and ability to take corrective action;
(2) Any prior experience with host authorities in this
or related areas; and
(3) The apparent relationships, official and
unofficial, between local authorities and the BMF administration.
7 FAM 1784 CUSTODY Issues
(CT:CON-102; 02-27-2005)
A parent, other relative, an interested neighbor or an
activist may all contact you to seek the release of a minor U.S. citizen/national from a Behavior Modification Facility. When you receive such a call,
you should immediately notify the appropriate geographic division within
CA/OCS/ACS.
7 FAM 1784.1 When Parents Or
Guardians Disagree
(CT:CON-102; 02-27-2005)
These cases are often complicated by the fact that the
child may have been placed in the facility by one parent over the strong
objections of the other. The threshold question to ask a person calling to
seek the release of a minor U.S. citizen/national from one of these facilities
is whether he or she has custody of the child. The Department will not
interfere with a parents custody rights as determined by a competent court,
but the answer to the question will have a significant bearing on the case. 7 FAM 1784.1-1
through 1784.1-4 reflect the four likely custody scenarios.
7 FAM 1784.1-1 The Caller Has
Sole Custody Of The Child
(CT:CON-102; 02-27-2005)
If the caller can establish through appropriate
documentation that he or she has sole custody of the child, you should:
(1) Assist the caller in communicating with the
Behavior Modification Facility, including informing the facility that the
caller wishes to withdraw the child. In some cases, this will be enough to
have the minor released from the Behavior Modification Facility;
(2) If the Behavior Modification Facility will not
release the child, advise the caller that he or she may wish to seek a court
order from an appropriate court in the host country where the facility is
located; and
(3) Another alternative might be for the parent to
contact local authorities who may be willing to revoke the childs immigration
status based on the parents request and U.S. custody order.
7 FAM 1784.1-2
The Caller Has Shared Custody Of The Child
(CT:CON-102; 02-27-2005)
If the caller can establish through appropriate
documentation that he or she has joint or shared custody of the child, or the
caller does not technically have custody but has a right to concur in where the
child lives/how the child is educated, you should assist the caller in
communicating with the BMF, including informing the BMF that the caller wishes
to withdraw the child. If the BMF declines to release the child:
(1) Inform the Department (CA/OCS/ACS) immediately;
and
(2) Advise the caller that he or she may wish to seek
a court order from the state granting custody, directing that the other parent
withdraw the child from the facility and return the child to the United States. Many courts that have issued custody orders regarding children prefer to
have the children remain in the United States where the court can monitor their
well being, and will amend the custody agreement to compel the childs return
to the United States.
7 FAM 1784.1-3 There Is No
Custody Agreement
(CT:CON-102; 02-27-2005)
In the absence of any custody agreement, both parents have
rights and obligations with regard to the child. In such cases you should
assist the caller in communicating with the BMF, including informing the BMF
that the caller wishes to withdraw the child. If the BMF declines to release
the child:
(1) Inform the Department (CA/OCS/ACS) immediately;
and
(2) Advise the caller to seek a court order from the
state granting custody, directing that the other parent withdraw the child from
the BMF and return the child to the United States.
7 FAM 1784.1-4 The Caller Has No
Custody Rights With Regard To The Child
(CT:CON-102; 02-27-2005)
If the caller is a parent who does not have custody (e.g.,
who has only visitation rights), or some other person with no rights with
regard to the child you should advise him or her that the only recourse is to
retain counsel in the United States and try to obtain a court order directing
that the parent who enrolled the child withdraw the child from the BMF and
return the child to the United States.
7 FAM 1784.2 When The Behavior
Modification Facility Claims Legal Custody
(CT:CON-102; 02-27-2005)
At times a parent, or both parents, may have signed a
document, usually as part of the admission requirement, relinquishing legal
custody of the child to the Behavior Modification Facility. If confronted with
such a document, you should ask for a copy, and request Departments guidance.
Depending upon the laws of the state in which it was signed, the age of the
child, and the laws of the host country, such a document may actually have very
limited validity. While powers of attorney for various specific purposes are
not unusual (medical treatment for minors, for example) most states in the United States do not permit a parent completely to abrogate their responsibilities for
minor children absent a court order. The Department, generally, will not
consider such a document adequate for the purposes of applying for a passport
or requesting repatriation assistance.
7 FAM 1785 Assisting A Childs Return
To The United States
(CT:CON-102; 02-27-2005)
A U.S. citizen or national child formerly in a Behavior
Modification Facility may request your assistance in returning to the United States under a variety of circumstances.
7 FAM 1785.1 Child Released at the
Request or One or Both Parents
(CT:CON-102; 02-27-2005)
Presumably, if both parents, or the parent having custody,
request the release of the child, they should also have the means to fund the
childs return. Your assistance would normally involve helping with logistical
arrangements. In some cases, however, you may encounter a situation where the
parent requesting return has no funds, and the other parent refuses to, or
cannot, assist. In such cases, a repatriation loan is usually appropriate,
with the parent requesting return signing the Form, DS-3072 Emergency Loan
Application and Evacuation Documentation.
7 FAM 1785.2 Child Released Over
The Objections of Parents
(CT:CON-102; 02-27-2005)
Occasionally you might encounter a case where the Behavior
Modification Facility has decided to release the child, or host government
authorities have intervened either to secure the childs release or by closing
the facility. It is also possible that in such circumstances both parents, or
the parent having custody, may not consent to the release, and may refuse to
assist in the childs return to the United States. You should:
(1) Notify the Department (CA/OCS/ACS) immediately;
(2) Department will contact parents, guardians and/or
courts as appropriate to address repatriation funding and ultimate destination;
and
(3) Often in such cases, the Department will approve
repatriation loan, and arrange reception by HHS/ACF/ORRs contractor,
International Social Services (ISS-USA), which will in turn place the child
with an appropriate social services organization (see 7 FAM 300).
7 FAM 1785.3 Child Has Escaped
From The Behavior Modification Facility Privacy Considerations
(CT:CON-449; 03-25-2013)
a. This is an extremely difficult situation, with the
decision regarding what action to take depending on a number of factors,
including the childs age, the wishes of the parent(s) or guardian(s), the laws
of the host country, the reason behind the escape, the presence or absence of
any abuse or allegations of abuse. Ultimately the overriding concern will be
the welfare of the child. If such a child appears at post, or otherwise comes
to your attention, you should:
(1) Notify the Department (CA/OCS/ACS) immediately;
(2) Determine the reasons behind the childs escape
from the facility;
(3) Be particularly alert for, and document any signs
or allegations of abuse; and
(4) Assuming the child is at age 14 or older, ask the
child to sign a Privacy Act waiver permitting you to notify his or her parents
or guardians.
b. Parents and legal guardians or persons acting
"in loco parentis" for their children usually may obtain information
that is otherwise protected by the Privacy Act.
c. Section (h) of the Privacy Act Rights of Legal
Guardians - provides...
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5 U.S.C. 552 (h)
"Rights of legal guardians: For purposes of this
section, the parent of any minor, or the legal guardian of any individual who
has been declared incompetent due to physical or mental incapacity or age by
a court of competent jurisdiction, may act on behalf of the individual.
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d. The OMB Privacy Act Guidelines note that subsection
Section (h), of the Privacy Act is "discretionary and that individuals who
are minors are authorized to exercise the rights given to them by the Privacy
Act, or in the alternative, their parents or those acting in loco parentis, may
exercise them in their behalf.
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"OMB Guidelines, 40 Fed. Reg. at 28,970; see also OMB
Guidelines, 40 Fed. Reg. 56,741, 56,742 (1975) (noting that "[t]here is
no absolute right of a parent to have access to a record about a child absent
a court order or consent").
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e. In the context of this subchapter, the explicit
wishes of minors must also be respected. Normally, if you have been advised by
a minor age 14 or older that he or she does not want any information released
to parent or guardian, you should honor those wishes absent the presence of
compelling circumstances affecting the health or safety of the minor child.
Bring the matter to the attention of CA/OCS/L immediately and we will provide
an advisory opinion on a case-by-case basis.
f. The Privacy Act's "health or safety"
condition of disclosure is the one most relevant to U.S. citizen/national
minors in overseas Behavior Modification Facilities. It provides
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5 U.S.C. 552 (b)(8)
No agency shall disclose any record which is
contained in a system of records by any means of communication to any person,
or to another agency, except pursuant to a written request by, or with the
prior consent of, the individual to whom the record pertains, unless
disclosure of the record would be: to a person pursuant to a showing of
compelling circumstances affecting the health or safety of an individual if
upon such disclosure notification is transmitted to the last known address of
such individual.
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g. Before a disclosure can be made, this exception
requires a "showing of compelling circumstances affecting the health or
safety of an individual...." therefore, information about a U.S. citizen/national may be released to a person who it can be said can reasonably be expected to
care for or assist the U.S. citizen/national. This section of the Act may also
be invoked to save the life of the U.S. citizen/national, notwithstanding
his/her written affirmation of his/her right to privacy.
h. The Privacy Act requires us to notify individuals in
writing whenever we invoke the "health or safety" condition of
disclosure with respect to information about them that is otherwise safeguarded
by the Act. Therefore, posts are requested to advise the Department (a) whenever
they avail themselves of this condition of disclosure and (b) any information
re the individual's last known address (the minors address) so that we may
attempt to effect the requisite notification. Questions about the Privacy Act
may be directed to CA/OCS/ACS or to CA/OCS/L at ASK-OCS-L@state.gov.
7 FAM 1785.3-1 If The Child
Concurs
(CT:CON-102; 02-27-2005)
You should:
(1) Notify the parents and determine their wishes;
(2) Assist in setting up direct private dialog between
parent(s) and child; and
(3) If they desire to have the child returned to the
Behavior Modification Facility, strongly encourage them to travel to post and
take charge of the matter personally.
7 FAM 1785.3-2 If The Child Does
Not Want Parents Contacted
(CT:CON-102; 02-27-2005)
Do not contact the Parents or the Behavior Modification
Facility without prior, express approval from the Department. If necessary, a
subsistence loan under EMDA II might be appropriate to provide care for the
child until a final decision is reached (see 7 FAM 380).
7 FAM 1785.3-3 If There Are Any
Signs Or Reasonable Allegations Of Abuse
(CT:CON-102; 02-27-2005)
Do not contact the Parents or the Behavior Modification
Facility without prior, express approval from the Department. If necessary, a
subsistence loan under EMDA II might be appropriate to provide care for the
child until a final decision is reached (see 7 FAM 380). If
warranted under the circumstances, notify host government authorities of the
evident or alleged abuse. If the conditions at the BMF, and/or the wishes of
the parent(s) seem in direct conflict with the childs welfare, the best
recourse may be the repatriation of the child to the United States, with
HHS/ACF/ORRs contractor International Social Services (ISS-USA) arranging for
reception and onward placement of the child with appropriate social services.
7 FAM 1786 through 1789 UNASSIGNED