Teen Rescue V California - Amended Complaint

Case 2:19-cv-00457-JAM-EFB Document 8 Filed 04/04/19 Page 1 of 26
1 Kevin T. Snider, State Bar No. 170988

2
Counsel of record
Matthew B. McReynolds, State Bar No. 234797
3 PACIFIC JUSTICE INSTITUTE
4 9851 Horn Road, Suite 115
Sacramento, CA 95827
5 Tel.: (916) 857-6900
6 Email: ksnider@pji.org
mmcreynolds@pji.org
7
8 Attorneys for Plaintiffs
9 IN THE UNITED STATES DISTRICT COURT

10 FOR THE EASTERN DISTRICT OF CALIFORNIA
11 ) Case No.: 2:19-cv-00457-JAM-EFB
TEEN RESCUE, CARLTON )
12
WILLIAMS as an individual and on )
13 behalf of all others similarly situated, ) VERIFIED AMENDED
14 ) COMPLAINT FOR TRO,
Plaintiffs, )
15 PRELIMINARY AND PERMANENT
) INJUNCTIONS AND
v. )
16 DECLARATORY RELIEF [42 U.S.C.
) 1983]
17 XAVIER BECERRA, Attorney General )
18
of the State of California, in his official )
capacity, WILLIAM LIGHTBOURNE, ) [Demand for Jury Trial]
19 Director of the State Department of )
20 Social Services, in his official capacity, )
Butte County Department of Children’s )
21 Services Division and DOES 1-50, )
22 )
Defendants. )
23
24
25
26
27
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Verified Amended Complaint
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1 INTRODUCTION
2 1. The Community Care Facilities Act requires that private boarding
3 schools allow students full autonomy on matters of religion and sexual identity. No
4 exception is provided for religious educational institutions. A religious ministry
5 that operates a Christian boarding school brings a facial and as applied
6 constitutional challenge to the Community Care Facilities Act and its regulations.
7 2. The school has a statement of faith, employs only Christians, and
8 intertwines a Christian perspective in all subjects taught. Further, the school deals
9 with negative behaviors through spiritual guidance, schedules daily religious
10 devotions, and provides opportunities for: (1) the study of Christian courses, (2) a
11 weekly Wednesday evening Bible study, and (3) a Christian church service on
12 Sunday. It does not provide equal opportunities for other religions or secular
13 worldviews. As part of its structured environment, the school houses the boys and
14 girls separately and has sex-segregated learning environments. The theological
15 position of the school is conservative. Specifically as it relates to human sexuality,
16 it holds a hetero-normative view of relationships. Sexual relationships are confined
17 to a man and a woman who are married to each other. In order to help pupils stay
18 focused on their studies, it discourages, and indeed prohibits, physical and romantic
19 entanglements between or among the sexes. This biblically-based manner of
20 running the school places the institution in conflict with the Community Care
21 Facilities Act. Violation of the Community Care Facilities Act is a criminal
22 offense.
23 3. A class representative of the parents and guardians of the students
24 challenges the Community Care Facilities Act because of the unconstitutional
25 interference with the free exercise of religion and parental rights. In sum, the
26 parents choose to enroll their children in this private Christian school because of
27 the academic course of study, the structured environment, to encourage their
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1 children in elements of proper social behavior necessary for good citizenship, and
2 the desire to inculcate in their children the moral standards and religious beliefs
3 provided by this religious institution.
4 JURISDICTION AND VENUE
5 4. This Court has jurisdiction over this action under 28 U.S.C. §§ 1331and
6 1343(3)-(4) which confer original jurisdiction on federal district courts in suits to
7 reduce the deprivation of rights, privileges and immunities secured by the United
8 States Constitution and federal law.
9 5. The Court has jurisdiction over the request for declaratory relief
10 pursuant to 28 U.S.C. §§ 2201 and 2202 and Rule 57 of the Federal Rules of Civil
11 Procedure, and includes a request for a speedy decision and an advance on this
12 Court’s calendar under FRCP 57.
13 6. Venue is proper under 28 U.S.C. § 1391(b) because the acts giving rise
14 to the claims alleged herein has occurred, and continues to occur, in the Eastern
15 District of California.
16 PARTIES
17 Plaintiffs
18 7. Plaintiff, Teen Recuse, is a religious California corporation established
19 pursuant to section 501(c)(3) of the Internal Revenue Code. Part of its ministry is
20 the establishment of a Christian boarding school as explained in detail below.
21 8. Plaintiff, Carlton Williams, individually and on behalf of all other
22 persons similarly situated, by Plaintiff’s undersigned attorneys, brings this
23 complaint as a class action. He is the custodial parent of a child who boards at, and
24 is enrolled in, the school.
25 Defendants
26 9. Defendant, Xavier Becerra is now, and at all times mentioned herein,
27 the Attorney General of California. The Attorney General, by and through his
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1 agents, has enforced and continues to enforce the law subject to constitutional
2 challenge herein, the Community Care Facilities Act. The acts of the Attorney
3 General and his agents as described herein were done under color of state law.
4 General Becerra is sued in his official capacity.
5 10. Defendant, William Lightbourne is now, and at all times mentioned
6 herein, the Director of the State Department of Social Services. The Director, by
7 and through his agents, has enforced and continues to enforce the law subject to
8 constitutional challenge herein, the Community Care Facilities Act. Under the
9 Community Care Facilities Act the Director heads the State Department of Social
10 Services. The Department sets standards and makes determinations regarding the
11 applicability of the Community Care Facilities Act. The acts of the Director and
12 his agents as described herein were done under color of state law. Director
13 Lightbourne is sued in his official capacity.
14 11. Defendant, Butte County Department of Children’s Services Division,
15 through its employees, has acted as an agent for the co-Defendants, General
16 Becerra and Director Lightbourne, to enforce the Community Care Facilities Act.
17 12. Plaintiffs are ignorant of the true names and capacities, whether
18 governmental, individual, corporate, associate, or otherwise, of DOES 1 through
19 50, inclusive. Plaintiffs are informed and believe and thereon allege that each of
20 the fictitiously named Defendants is in some way responsible for or participated in,
21 or contributed to, the matters and things complained of herein, and are legally
22 responsible in some manner therefor. Plaintiffs will seek leave to amend this
23 Complaint when the true names, capacities, participation, and responsibilities have
24 been ascertained.
25
26
27
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1 Class Action Allegations

2
13. Plaintiff, Carlton Williams, brings this action for a class of persons
3
defined as follows:
4
5 All custodial parents and guardians of students currently enrolled and
boarding at River View Christian Academy.
6
7 14. These persons are collectively referred to as the Parent Class.
8 15. The Parent Class satisfies the numerosity, commonality, typicality, and
9 adequacy prerequisites for suing as a representative party under Rule 23.
10 16. Numerosity: The proposed class consists of approximately 72 persons
11 all of whom are custodial parents or guardians of students currently enrolled and
12 residing at River View Christian Academy.
13 17. Ascertainability. Class members are readily identifiable from
14 information in Plaintiff Teen Rescue’s possession.
15 18. Typicality. Mr. Williams’ claims are typical of the Parent Class in that
16 each has a child currently enrolled and boarding at River View Christian Academy
17 and ordinarily has done so after a site visit and review and execution of an identical
18 contract. (Exhibit 1). The members of the proposed class have chosen to enroll
19 their child at this religious private school because of the academic course of study,
20 the structured environment, and the desire to inculcate in their children the moral
21 standards and religious beliefs provided by River View Christian Academy.
22 19. Adequacy. Mr. Williams will fairly and adequately protect the
23 interests of the proposed Class. His interests do not conflict with Parent Class
24 members’ interests, and he has retained counsel experienced in successful class
25 action litigation to vigorously prosecute this action on behalf of the Class.
26 20. Commonality. Mr. Williams and Parent Class members’ claims raise
27 predominantly common factual and legal questions that can be answered for all
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1 Class members through a single class-wide proceeding. For example, to resolve

2 any Parent Class members’ claims, it will be necessary to answer the following
3 questions. The answer to each of these questions will necessarily be the same for
4 each class member.
5
6 a. Whether the requirements of the Community Care Facilities Act
relative to moral standards and religious practices can be imposed
7 upon a religious boarding school when such stand as irreconcilable
8 with the school’s religious beliefs and practices;
9 b. Whether a custodial parent or guardian has a parental right under the

10 Fourteenth Amendment to send their child to a private religious
boarding school in order to provide a desired inculcation of moral
11 standards and religious beliefs and to further have their child
12 exposed to a structured environment in order to improve their
academic level;
13
14 c. Whether a custodial parent or guardian has a parental right under the
15 free exercise of religion clause of the First Amendment to send their
child to a private religious boarding school in order to provide a
16 desired academic course of study, a structured environment to
17 encourage elements of proper social behavior necessary for good
citizenship, and the desire to inculcate in their child the moral
18
standards and religious beliefs provided by the religious institution.
19
20 21. In addition to satisfying the prerequisites of Rule 23(a), Mr. Williams
21 satisfies the requirements for maintaining a class action under Rule 23(b).
22 Common questions of law and fact predominate over any questions affecting only
23 individual members, and a class action is superior to individual litigation.
24 22. The members of the proposed class seek only equitable relief rather
25 than damages.
26
27
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1 STATEMENT OF FACTS
2 History of the River View Christian Academy
3 23. River View Christian Academy is a Christian school that is one of the
4 ministries of Teen Rescue. Started in 1993, the school ministry of Teen Rescue
5 was operated in southern California as Julian Christian High School dba Julian
6 Youth Academy until a wild fire (called the Cedar Fire) in southern California
7 destroyed the campus in 2003. It moved to a 250 acre campus in northern
8 California and in 2012 took its current name.
9 24. River View Christian Academy is financed through a combination of
10 tuition and donations from private nongovernmental sources. All income is
11 through the private sector. To be clear, River View Christian Academy does not
12 receive any money from federal, state, county or municipal sources.
13 Courses of Instruction & Other Activities
14 25. The courses of instruction at the River View Christian Academy
15 include Language Arts (English I-IV, American Literature, English Literature,
16 English 800); Science (Integrated Physics and Chemistry, General Science III,
17 Biology, Earth Science, Chemistry, Physics, Astronomy); Social Science (Civics,
18 World History, World Geography, American History, Government and Economics,
19 20th Century American History); Mathematics (Pre-Algebra, Algebra I-II,
20 Geometry, Pre-Calculus, Trigonometry, Consumer Math); Foreign Language
21 (Spanish I-III, French I-II); Electives (Personal Financial Literacy, College Planner,
22 High School Health, Careers in Nursing, Careers in Manufacturing, Digital Art,
23 Culinary, Dog Breeding, Music Appreciation, New Testament Survey, Old
24 Testament Survey).
25 26. Plans are being made for the installation of greenhouses for the
26 inclusion of agricultural studies.
27 27. The school has athletic teams. Moreover, some students performed
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1 volunteer work in community outreach with the recent fire.

2 28. Students who academically qualify take courses for college credit.
3 29. Each course integrates a Christian worldview into every subject. For
4 example, parts of the biology course will provide explanations based upon
5 intelligent design rather than macro-evolution. Instruction in an English course
6 may involve the selection of a portion of scripture to dissect the grammar, structure,
7 or literary elements of the text.
8 30. Electives include religious instruction in Old and New Testament
9 Survey.
10 Campus
11 31. River View Christian Academy sits on a 250 acre campus in Shasta
12 County. Upon entering the campus, the first image encountered is a prominent
13 Latin cross. (Exhibit 2).
14 32. There are 30 buildings and full amenities for a school, including but not
15 limited to, classrooms, library, cafeteria, basketball court, swimming pool, lake,
16 baseball diamond, athletic field, library, dorms, administration building, rec room,
17 and weight room. (Exhibit 3).
18 33. The cafeteria stands as the largest structure and is used for large
19 assembly gatherings. On the walls are various faith-based inspirational art and
20 signs.
21 Religious-Institution
22 34. In addition to the integration of Christian thought into every subject,
23 River View Christian Academy has a faith statement which reads:
24
What We Believe
25
26 1. The Bible is the only inspired, infallible, and authoritative Word of God
(2 Tim. 3:16; 2 Pet. 1:21).
27
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1 2. There is only one God, eternally existing in three persons: God the
Father, God the Son, and God the Holy Spirit (Matt 28:19; John 15:26;
2 I John 5:7).
3 3. We believe in the deity of our Lord Jesus Christ, in His virgin birth, His
sinless life, His miracles, His vicarious and atoning death, His bodily
4 resurrection, His ascension to the right hand of the Father, and in His
5 personal future return to this earth (Matt 1:18-23; 16:16; 28:6-7; Heb
4:15; Luke 1:26-27; 8:22-25; John 2:11; 14:13; Isaiah 53:7; I John 2:1-
6 2; I Cor. 15:3; Eph. 4:8-10; Rom. 8:3; Acts 1:1; Rev. 1:7).
7 4. A person is cleansed from sin only through genuine repentance and
faith in the precious blood of Jesus Christ (Rom. 10:9-10; Acts 3:19).
8 5. The Holy Spirit dwells within the Christian, giving him/her sanctifying
9 power to live a life glorifying to God (Gal. 5:16; Rom. 8:1-17).
6. Water baptism symbolizes to the world our identification with Christ
10 (Rom. 6:3-4).
11
12 35. River View Christian Academy is Christian but not affiliated with a
13 denomination. It holds orthodox doctrines and theologically conservative beliefs in
14 the tradition of Evangelical-Protestantism.
15 36. All River View Christian Academy staff are required to be Christians.
16 However, students are not required to be Christians.
17 37. Evangelical church services are provided on Sundays. Bible studies are
18 offered on Wednesdays. Christian-based guidance and counsel is provided to
19 students by volunteers who are pastors or mature Christians.
20 38. Daily religious devotions appear from 8 to 8:30 each morning on the
21 Monday through Friday schedule.
22 Therapeutic Activities & Behavior Modification
23 39. River View Christian Academy does not employ mental health
24 professionals such as school psychologists, marriage and family counselors,
25 psychiatrists, psychoanalysts, or social workers.
26 40. Disruptive, negative, antisocial, or otherwise inappropriate conduct by
27 students is not dealt with through therapy administered by mental health workers.
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1 41. River View Christian Academy is not a boot camp or wilderness camp.
2 Staff do not employ corporal punishment to change behaviors. They do not seek to
3 modify behaviors through withholding food or denying medical treatment to the
4 sick or injured. They do not place students in solitary confinement.
5 42. Instead, River View Christian Academy provides a combination of a
6 structured environment and spiritual guidance.
7 43. Concerning a structured environment, the school has schedule and rules
8 of conduct for students that are similar to any public or private school. Disciplinary
9 actions for violation of rules include removal of privileges, writing sentences,
10 separation from other students when appropriate, (e.g., in cases such as threats of
11 violence or fighting), detention, suspension, and expulsion. School discipline falls
12 within the ordinary scope of what is administered in public and private secondary
13 schools throughout California.
14 44. As to the spiritual guidance, such is provided through opportunities to
15 study the Bible, attending a church service at River View Christian Academy,
16 prayer, pastoral counseling, or spiritual discussions with older mature Christians.
17 45. Plaintiffs are informed and believe and thereon allege that the Attorney
18 General and Director, through their agents, view the structured environment and
19 spiritual guidance of River View Christian Academy as a “behavioral based
20 service” as per Cal. Health & Safety Code § 1502(a)(19). Behavioral based service
21 is not defined in the Health and Safety Code, but Plaintiffs are informed and
22 believe and thereon allege that the term means behavior modification.
23 Students
24 46. River View Christian Academy’s website has a tab which reads: “Does
25 Your Teen Need Help?” The
26 text under the tab states:
27
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1 It is often very difficult for parents to determine whether the struggles

that their child are having are normal teenage struggles, or something
2 that they should be more concerned about. Many times what a
3 struggling child needs most is to be in a structured and positive
environment, removing them from the negative influences that are
4 leading them down the wrong path. If your child is exhibiting these
5 behaviors, or you are concerned about other students with these
behaviors influencing your child, it could be a sign that they could be
6 helped by a change to a more positive environment at RVCA.
7 47. River View Christian Academy’s website further explains symptoms
8 that parents may notice in their teenage child which would indicate that River View
9 Christian Academy may be a viable option. These include, rebelling against
10 authority, disdain for the family, dabbling in drugs and alcohol, running away,
11 stealing, among other behaviors that show that they are heading down a wrong
12 path.
13 48. Students are typically enrolled in River View Christian Academy for 18
14 months. The success rate is high. Follow up with the students shows that more
15 than 90% of the students completing the full 18 months are successfully integrated
16 back into public high schools, college, the work force, or the military.
17 49. However, about 7% of students do not experience a change of heart and
18 pick back up where they left off on travelling down a negative path which they
19 carry into their 20s. This includes typical problems such as substance abuse,
20 promiscuous and volatile relationships, unreliability in employment and the like.
21 50. Although many students are enrolled at River View Christian Academy
22 because they are troubled, some are enrolled because the structured environment is
23 conducive to their unique academic and spiritual needs rather than any volitional
24 shortcomings. Some students are enrolled because their parents see the
25 environment at their child’s local public high school as negative. The student is not
26 troubled, but his or her parents believe River View Christian Academy provides the
27 best academic and spiritual environment for their child to succeed.
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1 51. River View Christian Academy staff perform a detailed review of

2 applicants and will decline to enroll students who have severe psychiatric problems.
3 Moreover, River View Christian Academy does not enroll students declared
4 dependents of California’s juvenile courts under Cal. Welfare & Institutions Code §
5 300 or those who have become wards of the court pursuant to Cal. Welfare &
6 Institutions Code §§ 601 and 602.
7 Parents
8 52. The typical student enrolled in River View Christian Academy has not
9 had success in the public school system. Parents therefore are looking for a non-
10 governmental option.
11 53. Parents are fully informed that River View Christian Academy is
12 Christian, that all staff are Christians, that courses are taught from a Christian
13 worldview, and that students will be exposed to a Christian environment. To
14 ensure full disclosure, a 40-page contract is executed by a school official and a
15 parent or guardian. A parent-handbook is also provided in which the Christian
16 nature of River View Christian Academy is explicitly set forth. Unsurprisingly,
17 parents or guardians ordinarily take a physical tour of the campus before signing
18 the contract.
19 54. Parents and guardians are not only fully informed about the spiritual,
20 academic, and structured environment, they choose to enroll their children in River
21 View Christian Academy because of those conditions.
22 55. The parents’ decision to send their children to River View Christian
23 Academy is based upon their desire to inculcate the parents’ moral standards,
24 religious beliefs, and elements of good citizenship.
25 56. The parents’ decision to send their children to River View Christian
26 Academy is rooted in their sincere, deeply held, religious convictions.
27
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1 Community Care Facilities Act

2 57. Until 2016, River View Christian Academy was exempt from licensure
3 under the Community Care Facilities Act. Under 22 CCR § 80007 community
4 care facilities regulations do not apply to any school dormitory or similar facility
5 under the conditions below:
6
7 a. the school is registered/certified by the California State Department
of Education by filing an annual private school affidavit;
8 b. the school and dormitory are on the same grounds;
9 c. children are six years old or older;
d. the program operates only during normal school terms unless the
10 academic program runs year-round;
11 e. the school’s function is educational only;
f. the school program is not designated as providing rehabilitative or
12 treatment services;
13 g. the school’s function does not promote intent to provide community
care services, and the facility does not accept children who are in
14 need of such services, including but not limited to children with
15 developmental disabilities, mental disorders or physical handicaps;
juveniles declared dependents of the court under Welfare and
16 Institutions Code section 300, and juveniles declared wards of the
17 court under Welfare and Institutions Code sections 601 and 602;
h. the facility does not receive public funds for care including but not
18
limited to Federal Aid to Families with Dependent Children –Foster
19 Care and Supplemental Social Income/State Supplementary
Payment; and,
20
i. no public or private agency, including but not limited to county
21 welfare department and probation offices, provides social services
to children in the facility.
22
58. The Community Care Facilities Act was amended in 2016 by Senate
23
Bill 524. The Bill changes the definition of private alternative boarding school to
24
mean “a group home licensed by the [D]epartment [of Social Services] to operate a
25
program…to provide youth with 24-hour residential care and supervision, which, in
26
addition to providing educational services to youth, provides, or holds itself out as
27
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1 providing, behavioral-based services to youth with social, emotional, or behavioral

2 issues.” Cal. Health & Safety Code CCR § 1502(a)(19).
3 59. The regulations related to the Community Care Facilities Act place
4 restrictions on schools relative to religion. Specifically, students are to be “free to
5 attend religious services or activities of his/her choice and to have visits from the
6 spiritual advisor of his/her choice.” See, 22 CCR § 80072
7 60. The Community Care Facilities Act and the accompanying regulations
8 are irreconcilable with a religious school.
9 61. Violation of the Community Care Facilities Act criminalizes as a
10 misdemeanor any willful or repeated violation of any of its rules or regulations.
11 The penalty is a $1,000 fine and/or imprisonment in the county jail for up to 180
12 days. Cal. Health & Safety Code § 1540.
13 62. The religious practices of River View Christian Academy violate
14 portions of the Community Care Facilities Act.
15 63. This regulation poses an existential threat to religious schools such as
16 River View Christian Academy. River View Christian Academy only allows
17 spiritual advisors who by profession and conduct adhere to the faith statement.
18 Additionally, River View Christian Academy only provides Christian Bible studies
19 and Christian church services. It intentionally excludes spiritual rituals, counsel,
20 totems, services, and practices inconsistent with the Christian faith.
21 64. The Parent Class specifically sends their children to River View
22 Christian Academy because of the spiritual guidance provided.
23 65. Thus, it would be a profound interference with the free exercise of
24 religion of both River View Christian Academy and the Parent Class to place River
25 View Christian Academy under the Community Care Facilities Act.
26 66. The Community Care Facilities Act addresses moral issues in a manner
27 that is inconsistent with the religious beliefs and practices of River View Christian
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1 Academy. The Community Care Facilities Act gives students the right “[t]o be free
2 from acts that seek to change his or her sexual orientation, including efforts to
3 change his or her gender expressions, or to eliminate or reduce sexual or romantic
4 attractions or feelings toward individuals of the same sex.” Cal. Health & Safety
5 Code § 1502.2(d)(1)(P). River View Christian Academy holds the religious
6 convictions that sexual activities are proper only between a man and a woman who
7 are married to each other. Moreover, River View Christian Academy does not
8 allow any sexual or romantic encounters or entanglements between students of any
9 kind. That stands as a universal rule and applies between boys and girls, boys and
10 boys, and girls and girls. In addition to the religious basis for the rule, River View
11 Christian Academy has this rule in order to prevent distractions to academic
12 endeavors by the students.
13 67. In view of the rights of students to sexual autonomy related to sexual
14 orientation under the Community Care Facilities Act, a private alternative boarding
15 school must “submit a staff training plan to the department [of Social Services] as
16 part of its plan of operation” to include the rights of youth in the area of “[c]ultural
17 competency and sensitivity in issues relating to the lesbian, gay, bisexual, and
18 transgender communities.” Cal. Health & Safety Code § 1502.2(c)(4). In that
19 River View Christian Academy holds a theologically conservative position on
20 sexual ethics described above, Teen Rescue is informed and believes and thereon
21 alleges that it is impossible for it to propose a plan consistent with its religious
22 beliefs and practices that the State of California will approve.
23 68. Because of this, neither the Attorney General nor the Director can bring
24 River View Christian Academy under the Community Care Facilities Act as written
25 and remain consistent with the religion clause of the First Amendment.
26 69. The enforcement of the Community Care Facilities Act by the
27 Defendants against the school ministry of Teen Rescue is done under color of law.
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1 Search Warrants And Investigations

2 70. On February 1, 2011, officials from the California Community Care
3 Licensing alleged that a complaint was submitted that Julian Youth Academy (the
4 school’s prior name) was operating an unlicensed group home. On December 9,
5 2011, four licensing program analysts, a licensing program manager and an
6 Investigation’s Bureau investigator made an unannounced visit to River View
7 Christian Academy with a search warrant. The purpose of the visit was for
8 California Community Care Licensing to perform an onsite investigation in
9 response to the allegation of an unlicensed group home. Interviews of staff and a
10 review of records were made and photographs taken. As to the latter, a comment
11 was made by one of the investigators to the other investigators not to take
12 photographs of the library as this would make River View Christian Academy look
13 like a school. On November 14, 2012, a further site visit was conducted with a
14 Licensing Program Manager and a program Administrator. At that time they
15 conducted five interviews of employees and five interviews of students which state
16 officials falsely referred to as “clients.” More than two years passed since the
17 alleged complaint was submitted before a letter from the Department of Social
18 Services was dispatched to the school. The letter read in pertinent part, “I am
19 writing to you in reference to the complaint our department received on February 1,
20 2011. We have completed our investigation and determined the allegation to be
21 unfounded.”
22 71. On March 2, 2015, an official from the California Community Care
23 Licensing again appeared at River View Christian Academy and alleged that a
24 complaint was submitted that the school was operating an unlicensed group home.
25 This appearance was unannounced. The Licensing Program Manager was not
26 admitted to the campus by River View Christian Academy. The official reviewed
27 the River View Christian Academy website and issued a report that the language in
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1 the website which states that the school program is designed for “struggling
2 teenagers in need of full-time supervision and redirection” indicates that the “web
3 site does not clearly meet the intention of the regulations.” The findings were
4 noted as “inconclusive.”
5 72. Since the Community Care Facilities Act was amended in 2016, the
6 California Department of Social Services asserts that River View Christian
7 Academy falls within the definition of private alternative boarding school and thus
8 is subject to the Community Care Facilities Act, the jurisdiction of the California
9 Department of Social Services, and is enforced by the California Attorney General.
10 This allegation rests upon a warrant, dated January 8, served at the campus of River
11 View Christian Academy. (Exhibit 4). The warrant was by application of the
12 Community Care Licensing Division of the California Department of Social
13 Services in which the Attorney General and his deputies provided legal
14 representation before the Superior Court of California, in and for the County of
15 Shasta.
16 73. The warrant provided for the physical inspection of the grounds,
17 interviews of staff, leadership, volunteers, clients/children/ residents and “any other
18 potential witness” along with the collection, inspection and review of documents
19 related to matters enumerated in the Community Care Facilities Act. This includes,
20 records related to the following:
21
22 a. staff meetings on behavioral interventions;
b. records or evidence that shows that…RVCA operates as a
23 community care facility;
24 c. monitoring of food intake;
d. behavioral based services;
25 e. rehabilitative or treatment services;
26 f. conversion or other therapy for social, emotional, or behavioral
issues;
27 g. the acceptance of children with developmental disabilities, mental
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1 disorders or physical handicaps;

h. the acceptance of juveniles declared dependents of the court under
2 Welfare & Institutions Code § 300 and juveniles declared wards of
3 the court under Welfare & Institutions Code §§ 601 and 602 (See
Cal. Code of Regs., tit., § 80007(a).) (Citations in original).
4
74. The warrant identified the address of River View Christian Academy in
5
Shasta County where it stated “at which the programs New Day for Children, Inc.,
6
or River View Christian Academy.” Hand-written in pen was the words “or Teen
7
Rescue, Inc. DBA Julian Christian Academy.” The handwriting does not appear to
8
match the writing of the Superior Court judge, Hon. Stephen H. Baker where he
9
dates and signed the warrant on the last page. Further, his initials are not in the
10
margin where the interpolation occurs in the text. Because of that, Plaintiffs cannot
11
confirm whether Judge Baker wrote or otherwise approved of the changes made to
12
the warrant.
13
75. The search of the campus involved 17 investigators accompanied by 16
14
uniformed and armed members of the California Highway Patrol with two attack
15
dogs. Before the unannounced swarm of the school campus, members of the
16
community reported to employees of River View Christian Academy that they
17
observed this force gather at a staging area in a nearby town and drive as a convoy
18
to the targeted area.
19
76. Plaintiffs are informed and believe and thereon allege that the 17
20
investigators were employed or contracted by the California State Department of
21
Social Services, under the direction of Director Lightbourne and his agents, and the
22
California Department of Justice, under the direction of General Becerra and his
23
agents. Plaintiffs are further informed and believe and thereon allege that the
24
investigators also included employees of Butte County Department of Children’s
25
Services Division. Said employees acted as agents of Director Lightbourne and
26
General Becerra in order to enforce the Community Care Facilities Act.
27
77. Upon arrival, they spread out and began searching the buildings,
_________________________________________________________________________________________________________
28
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1 scanning, and in some instances, removing and confiscating school papers.

2 78. Investigators sought to interrogate employees and students. Because of
3 the warrant and the potential criminal liability related to the Community Care
4 Facilities Act, counsel for Teen Rescue advised the staff not to speak to
5 investigators. No instructions were given to students to not speak with
6 investigators. Some students spoke with investigators and some refused. Based on
7 subsequent discussions between staff and students, Plaintiffs are informed and
8 believe and thereon allege that investigators coerced students to speak to them by
9 deception. Investigators threatened students that if they did not answer questions
10 the students would be taken.
11 79. The Teen Rescue director challenged the warrant because there were
12 hand-written changes on the document. This stopped the search and questioning
13 for a short period of time. After making telephone calls, the search resumed.
14 Although the warrant was open from January 8 to February 2, the investigators and
15 Highway Patrolmen left after just five hours.
16 80. Because of the amendment to the Community Care Facilities Act, the
17 Defendants assert jurisdiction over River View Christian Academy and seek to
18 compel compliance with the Act. As explained in this Complaint, bringing a
19 theologically conservative school such as River View Christian Academy within
20 the Community Care Facilities Act and the Act’s regulations would violate the free
21 exercise rights of both the religious institution and the Parent Class. Further, it
22 would interfere with the parental rights of the Parent Class.
23 Urgent Need For Immediate Relief
24 81. The Complaint in the above-encaptioned case was filed on March 13,
25 2019.
26 82. Counsel for Plaintiffs was in communications with Counsel for the
27 Attorney General and the Director and, at the request of defense counsel, on March
_________________________________________________________________________________________________________
28
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1 27, 2019, stipulated to an extension of time to file a responsive pleading to May 7,

2 2019.
3 83. On March 28, 2019, an organization called New Day for Children,
4 FACESS, and Together Freedom were personally served with notices by the agent
5 of Defendant Lightbourne that they were operating an unlicensed facility at the
6 location of River View Christian Academy. (Exhibit 5). The notices give them a
7 mere sixteen (16) calendar days to file an application to be licensed under the
8 Community Care Facilities Act or be subject to fines of $200 per day and other
9 “civil and criminal penalties.” Under the Community Care Facilities Act the
10 criminal penalty for which these three nonprofit corporations are subject to is six
11 (6) months in jail. Cal. Health & Safety Code § 1540.
12 84. New Day for Children, FACESS, and Together Freedom are nonprofit
13 charitable corporations pursuant to section 501(c) of the Internal Revenue Code.
14 These three organizations do not operate facilities, educational or otherwise, of any
15 kind. They do not have employees and do not hold title or lease the property where
16 the River View Christian Academy campus is located. None of these corporations
17 teach a class, referee a basketball game, sweep a floor at River View Christian
18 Academy, or engage in the operations of the Academy or any other educational
19 entity. The three corporations exist only in a fundraising capacity to assist parents
20 and guardians of pupils enrolled in the school with tuition and related expenses.
21 Nonetheless, these nonprofits are being threatened with jail by agents of Defendant
22 Lightbourne if they do not submit an application for a license of a facility that they
23 do not run and lack the authority to run even if they were so inclined.
24 85. On April 2, 2019, a nearly identical notice was received by Plaintiff,
25 Teen Rescue at the River View Christian Academy campus. (Exhibit 6). Even
26 though Defendant Lightbourne is represented by counsel, as is Teen Rescue, his
27 agents directly served Teen Rescue.
_________________________________________________________________________________________________________
28
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1 86. The notice was dated March 28, 2019, and gives Teen Rescue until
2 April 13, 2019, to file an application for a license or face a fine of $200 per day. If
3 Teen Rescue continues to operate River View Christian Academy it will be subject
4 to criminal prosecution with incarceration up to 180 days in jail.
5 87. Between April 2-3 counsel for Plaintiffs left numerous voicemails to
6 opposing counsel (Ismael Castro, Laurie Adamson and Judy Wong) to speak with
7 them about this urgent development. After eight voicemails, Judy Wong responded
8 by e-mail writing, “We presently only represent CDSS with respect to the federal
9 lawsuit. We do not represent CDSS with respect to issuance of this notice. It
10 appears that CDSS’ notice follows the inspection of the River View facility and is
11 consistent with its licensing enforcement duties.”
12 88. The representation of opposing counsel stands as inconsistent with the
13 filings made in the California Superior Court in Shasta County. There all three
14 attorneys represented the California Department of Social Services in the papers
15 filed with that Court to obtain the warrant related to CDSS’ enforcement duties.
16 See Exhibit 4 at p. 1.
17 89. In addition to fines and prosecution, Plaintiffs, and each of them, have a
18 reasonable fear that Defendants will attempt to close down the school. This could
19 occur even before the Defendants file a responsive pleading based on the extended
20 timeframe stipulated to by the parties to May 7, 2019.
21 90. Immediate relief is required to maintain the status quo while this Court
22 has an opportunity to rule on the constitutionality of the Community Care Facilities
23 Act. Absent immediate relief from this Court, the River View Christian Academy
24 and the Parent Class will be irreparably harmed. Moreover, the pupils will be
25 removed from school during the middle of a school term. As described above,
26 many of these students have experienced difficulties and an unscheduled move
27 would cause hardship on them educationally, and emotionally spiritually.
_________________________________________________________________________________________________________
28
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1 FIRST CAUSE OF ACTION:

Violation of The Free Exercise of Religion
2 All Plaintiffs Against All Defendants
3 (42 U.S.C. § 1983)
4 91. River View Christian Academy and the Class Representative, Mr.
5 Williams, hereby incorporate the foregoing paragraphs as though fully set forth
6 herein.
7 92. The Community Care Facility Act and its supporting regulations
8 impose requirements on River View Christian Academy regarding student
9 autonomy in religion and sexual identity. In view of the latter, the law requires
10 River View Christian Academy to submit a plan for training in cultural competency
11 and sensitivity in issues relating to the lesbian, gay, bisexual, and transgender
12 communities. The law further imposes restrictions on the use of “behavioral-based
13 services to youth with social, emotional, or behavioral issues.”
14 93. Compliance with the Community Care Facility Act will violate the
15 sincerely held religious convictions and practices of this Christian ministry. The
16 Community Care Facility Act has no religious exemption.
17 94. Requiring River View Christian Academy to comply with the scope of
18 Community Care Facility Act and thus fall under the enforcement jurisdiction of the
19 Attorney General and the Director of the State Department of Social Services will
20 violate this religious educational institution’s rights to the free exercise of religion as
21 protected by the First Amendment.
22 95. Enforcement of the Community Care Facility Act is done under color
23 of state law and exposes Teen Rescue and its employees to criminal liability for
24 exercising their religion.
25
26
27
_________________________________________________________________________________________________________
28
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1 SECOND CAUSE OF ACTION:

Violation of Parental Rights Under the First & Fourteenth Amendments
2 Parent Class Against All Defendants
3 (42 U.S.C. § 1983)
4 96. The Class Representative, Mr. Williams, hereby incorporates the

5 foregoing paragraphs as though fully set forth herein.
6
97. The rights of the parents to direct the education and the inculcation of
7
moral standards, religious beliefs, and elements of good citizenship are protected
8
under the liberties guaranteed by the Fourteenth Amendment.
9
10 98. Moreover, the rights of the parents to direct the education and the
11 inculcation of moral standards, religious beliefs, and elements of good citizenship
12 are entwined with the free exercise of religious rights of the Parent Class.
13 99. By bringing River View Christian Academy under the Community
14 Care Facility Act, California substitutes its judgment with that of the parents on
15 matters of religion and moral issues.
16 100. The Community Care Facility Act forces residential educational
17 programs into group home and foster care-type licensing structure. As such, the
18 Parent Class is not afforded an exclusively faith-based residential educational
19 option.
20 101. Additionally, enrolling their children in a school that is regulated and
21 under the jurisdiction of the California Department of Social Services is not tenable
22 for the Parent Class. The California Department of Social Services is the guardian
23 of a dysfunctional and dangerous network of group homes and foster care providers.
24 For example, the group home and foster care system in California is responsible for
25 over 40% of recruitment of minors into sex trafficking in the State. Further, 28% of
26 children in California foster care are abused in some fashion. Nearly half of the
27 children never finish high school and 66% are arrested, homeless, or dead one year
_________________________________________________________________________________________________________
28
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1 after leaving foster care. The Parent Class stands appalled by the prospect of putting
2 their children under the jurisdiction of this state entity in charge of the licensing,
3 regulation, and monitoring of this failed and disreputable system.
4 102. What is more, the Parent Class does not wish to have California
5 countermand parents on what religious exercise and beliefs they want for their
6 children by requiring, under threat of criminal sanctions, that River View Christian
7 Academy defer to the wishes of individual students on religious practices on the
8 campus.
9 103. Bringing this religious school under the jurisdiction of the Department
10 of Social Services in order to enforce the religious and sexual orientation
11 requirements of the Community Care Facility Act violates the parental rights of the
12 Parent Class.
13
14
15 PRAYER FOR RELIEF
16 WHEREFORE, the Plaintiffs respectfully pray that the Court grant:
17 1. An order temporarily restraining Defendants, and their agents,
18 from enforcing the Community Care Facilities Act against Teen Rescue’s
19 school ministry operated through the River View Christian Academy
20 2. An order declaring that the Community Care Facilities Act is
21 unconstitutional under the religion clause of the First Amendment on its
22 face and as applied to River View Christian Academy;
23 3. An order declaring that application of the Community Care
24 Facilities Act to River View Christian Academy unconstitutionally
25 interferes with the free exercise of religion rights and the parental rights of
26 the Parent Class;
27
_________________________________________________________________________________________________________
28
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1 4. An order preliminarily enjoining Defendants, and their agents,

3 school ministry operated through the River View Christian Academy;
4 5. An order permanently enjoining Defendants, and their agents,
6 school ministry operated through the River View Christian Academy;
7 6. An order declaring the respective rights and duties of the parties
8 relative to the jurisdiction and enforcement powers of the Director of the
9 California Department of Social Services and the Attorney General under
10 the authority of the Community Care Facilities Act over Teen Rescue’s
11 school ministry, River View Christian Academy;
12 7. All relief of whatever kind available under FRCP 56;
13 8. Reasonable attorneys’ fees pursuant to 42 U.S.C. § 1988(b) and
14 other applicable statutes;
15 9. Costs incurred as a result of Defendants’ actions and this lawsuit;
16 and,
17 10. Other and further relief as the Court deems just and proper.
18
19 Dated: April 4, 2019
20
/s/ Kevin T. Snider ooooooooo
21 Kevin T. Snider
22 Counsel of Record
Matthew B. McReynolds
23
24 Attorneys for the Plaintiffs
Teen Rescue and Carlton Williams
25
26
27
_________________________________________________________________________________________________________
28
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1 VERIFICATION
2 I, Phillip Ludwig, am the Chief Executive Officer of Alternatives

3
Women’s Center which is the Plaintiff in the above-captioned matter. I have read
4
5 the VERIFIED AMENDED COMPLAINT FOR TRO, PRELIMINARY AND
6 PERMANENT INJUNCTIONS AND DECLARATORY RELIEF and am familiar

7
with same. The contents are true and accurate and known to me by personal
8
9 knowledge except for those matters asserted on information and belief. As to those
10 matters, I believe them to be true.
11
I declare under penalty of perjury, under the laws of the United States and the
12
13 State of California, that the foregoing is true and correct. Executed this fourth day of
14
April, 2019, in the County of Riverside, City of Elsinore, State of California.
15
16
_________________________________
/S/
17
Philip Ludwig
18
19
20 DEMAND FOR JURY TRIAL
21 Plaintiffs demand a jury trial on all causes of action and claims to which they
22 have a right to a jury trial.
23
/s/ Kevin T. Snider ooooooooo
24 Kevin T. Snider
25 Counsel of Record
Matthew B. McReynolds
26
27 Attorneys for the Plaintiffs
_________________________________________________________________________________________________________
28
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Case 2:19-cv-00457-JAM-EFB Document 8-1 Filed 04/04/19 Page 1 of 1
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Teen Rescue V California - Amended Complaint

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Teen Rescue V California - Amended Complaint

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Case 2:19-cv-00457-JAM-EFB Document 8 Filed 04/04/19 Page 1 of 26

1 Kevin T. Snider, State Bar No. 170988

9 IN THE UNITED STATES DISTRICT COURT

1 Class Action Allegations

1 Class members through a single class-wide proceeding. For example, to resolve

9 b. Whether a custodial parent or guardian has a parental right under the

1 volunteer work in community outreach with the recent fire.

13 denomination. It holds orthodox doctrines and theologically conservative beliefs in

14 the tradition of Evangelical-Protestantism.

16 However, students are not required to be Christians.

18 offered on Wednesdays. Christian-based guidance and counsel is provided to

19 students by volunteers who are pastors or mature Christians.

21 Monday through Friday schedule.

22 Therapeutic Activities & Behavior Modification

24 professionals such as school psychologists, marriage and family counselors,

25 psychiatrists, psychoanalysts, or social workers.

26 40. Disruptive, negative, antisocial, or otherwise inappropriate conduct by

1 It is often very difficult for parents to determine whether the struggles

1 51. River View Christian Academy staff perform a detailed review of

1 Community Care Facilities Act

1 providing, behavioral-based services to youth with social, emotional, or behavioral

1 Search Warrants And Investigations

1 disorders or physical handicaps;

1 scanning, and in some instances, removing and confiscating school papers.

1 27, 2019, stipulated to an extension of time to file a responsive pleading to May 7,

1 FIRST CAUSE OF ACTION:

1 SECOND CAUSE OF ACTION:

4 96. The Class Representative, Mr. Williams, hereby incorporates the

1 4. An order preliminarily enjoining Defendants, and their agents,

2 I, Phillip Ludwig, am the Chief Executive Officer of Alternatives

6 PERMANENT INJUNCTIONS AND DECLARATORY RELIEF and am familiar

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