Maison Law can help you through a wrongful death claim if you’ve lost your child in a fatal incident at a troubled teen school in California. Parents send their children to these programs because they’re told they’ll get structure, support, and, most importantly, supervision. When that supervision breaks down and a child loses their life, it’s devastating. A wrongful death claim won’t bring them back, but it can help your family move forward. Set up a free consultation today to talk through your options.
Do We Need a Lawyer?
The last thing you and your family need when your child is enrolled in a “troubled teen” school is having something go wrong. But unfortunately, it can happen for a variety of different reasons. And when it happens because your child wasn’t being supervised properly, it can hurt even more.
Then, you’re left relying on what the school tells you, what’s included in an incident report, and whatever information you’re able to get on your own afterward. That’s usually the point when you and your family start thinking about talking with a lawyer, and that’s where we can help by::
- Walking through what happened and whether the program fell short of the supervision it was supposed to provide.
- Looking at what was actually happening day to day—not just what parents were told before enrollment.
- Gathering records like staffing schedules, behavior plans, incident reports, surveillance footage, and internal communications.
- Handling the back-and-forth with the program and its insurance company while your family focuses on your family.
As heartbreaking as these situations are, they usually don’t come down to one obvious mistake. More often, they’re the result of things being overlooked, ignored, or simply not handled the way they should’ve been. Understanding what happened starts with understanding what exactly negligent supervision means in this type of environment.
What Negligent Supervision Means in a Troubled Teen School
Every troubled teen school is run differently, but as a short-term residential therapeutic program (STRTP), they all have the same goal: keep its students safe. Some do that by closely supervising students because of behavioral or mental health concerns, while others allow more independence as students progress through the program.
Either way, though, the bottom line is that parents are relying on the people inside the school and program to keep their children safe. Supervision is at the forefront of this effort, but when it breaks down, serious incidents aren’t far behind. And in the worst cases, they turn fatal because of:
- Leaving students alone when they shouldn’t have been.
- Ignoring signs that a student was in crisis.
- Not following treatment, behavior, or safety plans.
- Using isolation, restraints, or other disciplinary practices without proper supervision.
- Not having enough trained staff members on duty.
- Ignoring violence, bullying, or abuse between students.
- Allowing unsafe conditions around campus.
- Failing to properly train employees.
- Missing warning signs that a student was at risk of hurting themselves or others.
Every fatal incident is different, but they often raise the same question: could this have been prevented if the program had provided the supervision it promised? And a good way to get started on answering that question is by getting information.
What Information Should We Look For?
After losing your child, it’s only natural to start asking questions about what happened. While every case is different, there are certain pieces of information that can make it easier to understand whether negligent supervision played a role. Some of that information may already be available to your family, including:
- Emails, text messages, or other communication with the program.
- Medical records from the hospital or emergency responders.
- Photos or videos of where the incident happened, if they’re available.
- Names and contact information for students, staff members, or anyone else who may have witnessed what happened.
The harder part is getting access to the records that usually stay with the program itself, including:
- Enrollment paperwork explaining what supervision the program agreed to provide.
- Treatment plans, behavior plans, or safety plans.
- Staffing schedules and supervision logs.
- Incident reports describing what happened and how staff responded.
- Medication administration records, when they’re relevant.
- Internal emails, messages, or other communications.
- Licensing records, inspection reports, complaints, or prior violations.
- Surveillance footage, if cameras were working.
Once those pieces start coming together, it starts to become easier to see the bigger picture of what happened. But it’s still about answering the still larger question: could it have been prevented and who was responsible?
Liability for Negligent Supervision in a Troubled Teen School
One of the biggest misconceptions about cases of fatal negligent supervision in a troubled teen school is that responsibility is obvious. In reality, it usually isn’t because of the variability of the environment. As we’ve already touched on, every program is different, and so is every student’s situation. And that’s at the core of every case.
But it still comes down to every program’s basic responsibility of keeping your child safe while under its care. And while it also depends on what actually happened, liability could (and usually does) fall on multiple people and groups in this type of case. Usually, that includes:
- The troubled teen school or residential treatment program
- The company operating the facility
- Administrators or supervisors
- Staff members who failed to act
- Doctors, counselors, or other healthcare providers
- Outside contractors
- Property owners if unsafe conditions led to the incident
Like most treatment programs, troubled teen schools have a lot of moving parts. The key is figuring out where the breakdown happened and whether it could have been prevented. And once you have that, you have the starting point of a wrongful death claim. From there, though, it’s about following through.
How the Wrongful Death Claims Process Works
Thinking about filing a wrongful death claim probably isn’t the first thing on your mind after losing your child. But as the days and weeks pass, families often begin looking for answers, accountability, and help with the financial burdens that follow such a devastating loss.
At its core, though, a wrongful death claim is still a civil claim. That means the law allows your family to take certain steps to get financial support for what you’re left dealing with. And whether you decide to go through insurance or file a lawsuit, you and your family could possibly recover damages for:
- Funeral and burial or cremation costs
- Medical expenses related to your child’s final care
- The loss of the love, companionship, guidance, and support your child would have continued to provide
Every family’s situation is different, so every claim looks a little different too. One thing to keep in mind is that California generally gives families two years from the date of death to file a wrongful death lawsuit. While that may seem like plenty of time, evidence like staffing records, surveillance footage, and internal communications can disappear much sooner.
Get Help After the Wrongful Death of Your Child at a California Troubled Teen School
Making the decision to send your child to a troubled teen school or residential treatment program is never easy. You do it because you believe they’ll be cared for, protected, and given the support they need. If that trust was broken and your child’s death could have been prevented, your family deserves answers.
At Maison Law, we can help your family understand what happened and guide you through the claims process so you have what you need to start moving forward. Set up a free consultation today to get the process started.
