27. In addition to allegations
of neglect, as described hereafter, Diamond Ranch Academy Academy's staff,
acted in breach of their duty to provide a safe, nurturing, fair, clean,
competent, facility and staff to help Tyler and Janaye,whose parents thought
that they were choosing a summer camp setting where the youth could relax, play
sports with others, and be supported with professional counseling on a regular
basis to help them renew and recenter their lives.
28.Diamond
Ranch Academy's tactics and conduct injured these young people emotionally and
physically such that the effects thereof continue to plague them
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to
this day.
WHEREFORE,
Plaintiffs pray for judgment as hereafter stated.
CLAIM THREE
(Child
Abuse and Neglect)
29.
Plaintiffs incorporate herein all prior paragraphs and state:
30.
"It is the .. the
public policy of this state that children have the right to protection from
abuse and neglect, and that the state retains a compelling interest in
investigating, prosecuting, and punishing abuse and neglect, as defined in this
chapter", 62A-4a-201, Utah Human Services Code. Because of its complete
control over Tyler and Janaye, Diamond Ranch Academy owed them the highest duty
of trust and confidence and was required to act in their best interest.
Instead, Diamond Ranch Academy's conduct toward Tyler and Janaye, who were
minors, constituted abuse and neglect in violation of the public policy of the
State of Utah.
31.
Plaintiffs have the right to force Diamond Ranch Academy Academy to pay them
and their parents compensation for the abuse and neglect
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Diamond
Ranch Academy inflicted upon them as described above.
WHEREFORE,
Plaintiffs pray for judgment as hereafter stated.
CLAIM FOUR
(Fraudulent
Misrepresentation)
32.
Plaintiffs incorporate herein all prior paragraphs.
33.
Diamond Ranch Academy Academy held itself out to Tracy Sarno and Janet Yelding
as a therapeutic school. The Diamond Ranch Academy contract was one of
enrollment in a school, not enrollment in a "Residential Treatment
Program" for the purpose of behavior modification or rehabilitation. One
of the administration requirements is that information provided to parents
shall be accurate and factual, Rule 501-2(3). Tyler and Janaye's parents were
never advised that each licensed program must have a licensed physician or
consulting licensed physician, licensed psychologist, or social worker, or
professional
counselor,
Rule R501-19.
34.
Had they known such, it would have alerted them that the purpose of the program
was rehabilitative, not solely rehabilitative.
35.
Parents are not required by either the Diamond Ranch Academy contract or the
State Administrative code to be notified that such a licensed program is a
health care provider protected by the Utah Health Care Malpractice Act
requiring any legal action to be brought within two years
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of
its occurrence or the minor's majority, and to comply with prelitigation screening,
and to have its damages limited by law.
36.
Additionally, the enrollment contract requires the Parent to agree that Diamond
Ranch Academy is not liable for any injuries, illness or other damages
occurring to the Child during the term of enrollment, including anything
resulting from the Child's participating (on or off campus) in programs or
activities of the program.
37.
Diamond Ranch Academy intentionally and purposely concealed from Tyler and
Janaye's parents that it was a state-licensed residential treatment center
aimed at rehabilitation so as to be protected by the Utah Healthcare
Malpractice Act, and that their waiving any claim against Diamond Ranch Academy
was unenforceable on the one hand, and even if enforceable, was protected by
the Utah Health Care Malpractice Act's requirements on the other hand.
38.
These mislead the placement of Tyler and Janaye at Diamond Ranch Academy on the
one hand, and its prospectively seeking in turn to limit this action against it
on the other hand.
39.
Plaintiffs have sustained financial, mental, and emotional damage by Diamond
Ranch Academy's fraudulent concealment and
misrepresentation.
WHEREFORE,
Plaintiffs pray for judgment as hereafter stated.
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CLAIM FIVE
(Actual
and Constructive Fraud)
40.
Plaintiffs incorporate by reference all of the above stated allegations and state:
41.
None of the above disclosures was made to Tyler or Janaye's parents, the people/agencies
recommending the Diamond Ranch Academy program, or available via research at
the time.
42.
Because adverse facts about Diamond Ranch Academy were true, relevant, and concealed,
the parents relied on the absence of the adverse facts, which the Defendants
had a duty to disclose.
43.
By reason of the failure to make these disclosures to the plaintiffs and their resulting
detrimental reliance thereon, Diamond Ranch Academy is guilty of actual and
constructive fraud. The misrepresentations, and misrepresentations by silence,
and concealment of true adverse facts were made to the parents from the
beginning by phone conversations both before and throughout Tyler and Janaye's
period of time at Diamond Ranch Academy.
44.
These repeated intentional misrepresentations made by Diamond Ranch to the
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parents
were done in order to induce them to place and maintain Tyler and Janaye at
Diamond Ranch Academy.
45.
Defendants lied to the parents in promotional and marketing materials which represented
Diamond Ranch Academy to be a safe and secure environment, where Tyler and
Janaye would be well cared for, and provided a good education, summer camp
setting, medical care, and positive, professional therapy/counseling.
Defendants' representations were knowingly and actually
false.
46.
Because all Defendants acted in concert, they are all liable for the misrepresentations
alleged herein.
47·
Plaintiffs relied on these representations to their detriment; Tyler and Janaye
were emotionally and physically harmed at Diamond Ranch Academy and their parents
did not receive the quality care, services, and facilities paid for.
48.
Upon information and belief, Defendants knew when they made these representations
that they were false or at least misleading, and were made to induce the
plaintiffs to place and maintain Tyler and Janaye at Diamond Ranch Academy in
order to secure significant monthly fees.
49.
Upon information and belief, Defendants were aware that their facilities were not
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safe;
that Tyler and Janaye and the other youth at Diamond Ranch Academy were harmed
emotionally, physically, medically, and educationally, by unqualified, controlling,
and masochistic staff.
50.
Upon information and belief, Defendants were aware that the harm caused to children
at these facilities, including the minor plaintiffs so placed, was so grave that
were the truth known, the Utah Department of Human Services should have stepped
in and shut down Diamond Ranch Academy, but it did not. In fact, it
should
have and upon information and belief does know that Diamond Ranch Academy is a
menace to youth, but it likes the money the behavior modification industry
brings into the State of Utah more than the health, welfare, safety, and public
policy against child abuse that it is supposed to enforce.
WHEREFORE,
Plaintiffs seek judgment as follows:
1.
Special damages according to proof.
2.
General damages according to proof.
3.
Punitive damages according to proof.
4.
Such other and further relief to the Court seems just.
Dated:
December 3, 2014
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Thomas
M. Burton
20
