Protection and Advocacy Did Not Have Probable Cause To Suspect Abuse and Neglect

In Disability Law Center v. Discovery Academy, 53 IDELR 282 (D. Utah 2010), the court concluded a Protection and Advocacy agency was not entitled to access to student records at a therapeutic boarding school as the agency did not produce any factual evidence that the school used inappropriate seclusion and restraint techniques. The P & A agency claimed there was probable cause to believe neglect had occured and argued that it had sole authority under P & A for Individuals with Mental Illness Act (PAMI) to decide whether there is probable cause to investigate. This argument was rejected as the agency would be able to conduct what was effectively a "warrantless search and seizure" of the school's records--a practice that would raise serious constitutional concerns. Court records state "The [agency] fails to provide any factual support for what the allegations were, who made the allegations, what the substance of the complaint was, or the name of the supposed victims of the abuse."