STATE ASKS COURT TO HALT CHALLENGER PROGRAM
Lois M. Collins and Lane Williams
The Deseret News
Representatives from the Department of Human Services and the state attorney general's office Thursday sought a temporary restraining order against the Challenger Foundation.
Instead, 4th District Court Judge Ray M. Harding scheduled a probable-cause hearing for Thursday, Aug. 30, at 3 p.m.
The Office of Licensing and an assistant attorney general will explain at that time why the controversial wilderness therapy program should be closed and its youthful participants removed.
The Challenger Foundation has been under close scrutiny by state licensing officials and law enforcement officers from the Kane County Sheriff's Office since a 16-year-old participant died while participating in the program.
Kristen Chase, Ponte Vedra, Fla., collapsed and died during a day hike June 27. An autopsy showed her death was heat-related.
The foundation and two of its officers have been charged with negligent homicide in connection with her death. President Steve Cartisano and field director Lance ``Horsehair'' Jagger also were charged with five counts of child abuse, a Class B misdemeanor. The negligent homicide charge is a Class A misdemeanor. Arraignment is set for Sept. 13.
The request for the restraining order cites three categories of complaints, including false advertising, child abuse and neglect and licensing violations. Including attached affidavits, the document is about a half-inch thick and lists more than 20 alleged violations.
A licensing official was in the desert near Escalante to review the program last week. Among other things, he found that one of the program participants was 11 years old - two years too young to meet state requirements, which say a youth must be at least 13 to be enrolled in the program.
A Human Services spokesman said officials also found that some of the counselors were not familiar with new licensing regulations - another state requirement.
In July, the department released new, tougher standards that will govern Utah's wilderness youth therapy programs.
Terry Twitchell, department information officer, said, ``Human Services can close the programs, but the long hearing process means it would take a month to six weeks.''
The department is reluctant to wait that long and opted instead to ask the district court for an immediate temporary restraining order. Challenger is operating with a conditional license.
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Summit Quest injunction sought Department of Human Service officials also are seeking an injunction against Summit Quest.
If granted, the injunction would order it either to comply with the terms of its conditional license or cease operating.
Michelle Sutton, 15, Pleasanton, Calif., died May 15 of dehydration while participating in the outdoor wilderness program in the Arizona desert.
The program was granted a conditional operating license in Utah after the death, which still is being investigated by Arizona law-enforcement officials.
That conditional license has expired and the program now is operating without the state's permission, which is required by a law that went into effect July 1.