Children’s removal from school upheld
March 29, 2008 - 9:00 pm
CARSON CITY -- A federal judge has ruled in favor of the state Division of Child and Family Services, which was sued by some of the parents of 30 children the agency removed from a Christian-based boarding school after hearing claims of sexual activity, neglect and other problems.
The ruling by U.S. District Judge Larry Hicks of Reno against the unlicensed Abundant Life Academy in White Pine County was praised Friday by the state attorney general's office, which represented the division.
Deputy Attorney General Andrea Nichols said division employees had evidence that was "quite startling," and "were trying to protect the children" by moving them in April 2005 to state facilities and arranging to return them to their families.
In his 18-page decision dismissing the lawsuit against the division, Hicks said Thursday that the state "had a compelling interest" that superseded the rights of the protesting parents who had given the academy custody of their children.
The judge added that division staffers received two complaints about the safety and well-being of the students. Staffers also went to the academy where they saw the living conditions and got reports from some students that substantiated the complaints.
The complaints included allegations that some students were sexually active with one another and with staff members, and that supervision and medical care were inadequate.
Also, 17 boys were being housed in a gutted trailer that lacked electricity, running water or bathrooms.