JUDGE DELAYS CHALLENGER HEARING 1 WEEK

The Deseret News

A hearing in federal court to check the progress of negotiations between the state and Challenger Foundation over licensing the wilderness program for troubled youths has been postponed one week until Oct. 27.

U.S. District Judge Bruce Jenkins had been scheduled to hear an update on the case on Oct. 20, and lawyers for both sides had hoped to wrap up their talks by Friday.

Neither Assitant Attornery General Paul tinker nor Challenger attorney Thomas Taylor were confident on Thursday thatn an agreement would be reached even by the new court date.

However, both said the postponedment was due to a scheduling conflict, not problems with negotiations.

Tinker and Taylor are trying to come up with a way to license the program under the state Department of Social Services that will satisfy both department officials and Challenger founder Steve Cartisano.

Althought the state Division of Youth Corrections already has established licensing requirements for wilderness programs, Cartisano has contended they do not apply to Challenger because his program does not accept adjudicated youth.

Last August, the attorney general's office had threatened to shut down the 63-day course aimed at taming rebellious teenagers through forcing them to fend for themselves in the southern Utah desert.

The program had come under scrutiny after the boyfriend of a 17-year-old participant successfully sued for her release on the grounds that her rights were violated because she was forced into the program against her will.

Challenger responded to the state threat by going to court for a temporary restraining order and preliminary injunction.