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Mental Health Needs of Juvenile Offenders: Juvenile Justice Guide Book For Legislators
Mental Health Needs of Juvenile Offenders: Juvenile Justice Guide Book For Legislators
Mental Health Needs of Juvenile Offenders: Juvenile Justice Guide Book For Legislators
Introduction
65-70%
Without treatment, the child may continue on a
path of delinquency and eventually adult crime.
Effective assessments of and comprehensive responses
to court-involved juveniles with mental health needs
can help break this cycle and produce healthier young
Between 65 percent and 70 percent of the
people who are less likely to act out and commit
2 million children and adolescents arrested
crimes. The importance of screening and treatment
each year in the United States have a
are also discussed in the Delinquency Prevention &
mental health disorder.
Intervention chapter of this guidebook.
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Juvenile Justice Guide Book for Legislators
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Mental Health Needs of Juvenile Offenders
Screening
Mental Health Assessment According to the National Center for Mental
and Treatment Health and Juvenile Justice, youths who immediately
Mental health disorders are more complicated and receive a mental health screening are more likely
difficult to treat in young people than in adults. to have their problems identified and treated. In
Because adolescence is a unique developmental period many jurisdictions, however, screening only occurs
characterized by growth and change, disorders in teens after a juvenile has been adjudicated and placed in a
are more subject to change and interruption. Ongoing correctional facility.
assessment and treatment, therefore, are important.
Efforts in Pennsylvania to improve the quality of
services and care in juvenile justice have included
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Juvenile Justice Guide Book for Legislators
the use of screening protocols to identify young and held for detention hearings. The findings
people with immediate needs as well as those who of these evaluations and subsequent treatment
require further assessments. All young people in recommendations are required to be reported to the
Pennsylvania detention centers are screened using the juvenile court.
Massachusetts Youth Screening Instrument, Version
2 (MAYSI-2). Assessment
Some states have approached juvenile mental
health issues from a different standpoint. Namely,
they require evaluations of juveniles based on the
All young people in Pennsylvania
seriousness or type of their offense. For example,
detention centers are screened
in 2007, lawmakers in North Dakota and Oregon
using the Massachusetts Youth passed laws requiring alcohol and drug education,
Screening Instrument, Version assessment and treatment for juveniles who commit
2 (MAYSI-2). alcohol-related offenses. Under a 2009 law in
Tennessee, juveniles charged with offenses that
would be felonies for adults must undergo court-
Screening has resulted in a more effective response ordered psychiatric evaluations.
to youths with mental health needs, including
promoting awareness and competency among
detention professionals in the state. To encourage Under a 2009 law in Tennessee,
even more effective screening, Pennsylvania, in juveniles charged with offenses
2008, strengthened a juvenile’s right against self-
that would be felonies for adults
incrimination by restricting the use of statements
and other incriminating information obtained
must undergo court-ordered
during mental health and substance abuse screenings. psychiatric evaluations.
Illinois and Texas have passed similar legislation in
recent years.
The state must pay for the mental health evaluation
Nevada has also recently passed a law requiring
unless it is determined that the juvenile’s parents can
screening for mental health and substance abuse
afford to reimburse the state.
problems for juveniles who are taken into custody
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Mental Health Needs of Juvenile Offenders
The Cook County, Ill., Juvenile Court Clinic has a been creating policy directives for prompt and complete
forensic evaluation process being adopted in other evaluation of youth in the juvenile justice system.
jurisdictions. The clinic consults with the court Although juvenile courts routinely have discretion to
upon request, provides forensic clinical assessments, order mental health evaluations, a new law in Idaho
and provides information on community-based requires mental health assessments and treatment
mental health resources and education programs. plans before the child reaches the court. The law was
A clinical coordinator informs judges and intended to ensure prompt assessment, which can
probation staff about the juvenile’s mental health include convening a “screening team” of officials from
evaluation and treatment needs. Likewise, in the health and welfare, probation, juvenile corrections, and
last three years, Arizona, California, Colorado and other agencies, along with the child’s parents.
New Hampshire have all established courtroom
procedures that enable attorneys and judges to Linkages to Competency
request mental health screenings for juveniles Mental health assessment is also crucial to address
involved in delinquency proceedings. the legal issues surrounding a juvenile’s competency
to understand the adjudicatory process and to
thoughtfully participate in and make decisions as
part of that process. The prevalence of mental health
Other jurisdictions have created
issues among juvenile offenders and the impact on
specialized courts to serve youth
legal competency are also addressed in the Adolescent
with mental health needs. Development and Competency chapter.
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Juvenile Justice Guide Book for Legislators
developmental immaturity, with limited guidance Virginia’s statute, for example, directs how the issue
in law on how to deal with this. As discussed in the of competency is to be raised and evaluated. Charges
Adolescent Development and Competency chapter, against an “unrestorably incompetent” juvenile
developmental immaturity distinguishes many are to be dismissed in one year for a misdemeanor
juveniles from adults in important ways that make offense, and in three years from the date the juvenile
them less able to assist in their defense or to make is arrested in what would be a felony case.
important decisions as part of the process. This
suggests that, in defining standards of competency
for juveniles, simply applying the same standards as In Arizona, case law supports
those used for adults will not work.
a finding that, under state
At least 10 states—Arizona, Colorado, Florida, law, a juvenile need not have
Georgia, Kansas, Minnesota, Nebraska, Texas, an underlying mental disease,
Virginia and Wisconsin—and the District of
defect or disability to be found
Columbia specifically address competency in their
juvenile delinquency statutes. incompetent. In that case,
a juvenile court found that
immaturity affected the ability
Virginia’s statute, for example, of two juveniles to understand
directs how the issue of proceedings against them.
competency is to be raised and
evaluated. Charges against an
Absent statutory direction, courts in other states also
“unrestorably incompetent”
recognize and review juveniles for incompetence. In
juvenile are to be dismissed in one Arizona, case law supports a finding that, under state
year for a misdemeanor offense, law, a juvenile need not have an underlying mental
and in three years from the date disease, defect or disability to be found incompetent.
the juvenile is arrested in what In that case, a juvenile court found that immaturity
affected the ability of two juveniles to understand
would be a felony case.
proceedings against them.
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Mental Health Needs of Juvenile Offenders
A number of screening tools and comprehensive Detention can be a poor choice for juveniles for
assessment instruments are available to juvenile justice whom a mental health disorder may bring about a
system personnel. No one screening or assessment heightened sense of trauma and acute feelings of
can predict with flawless accuracy future behaviors or depression, anxiety and even suicide. Detention also
the mental health status of an individual. However, can interrupt therapy and medication for juveniles
experts recommend that juvenile justice systems use already receiving them.
standardized, proven instruments with young people at
Diversion programs being used in communities
different points in the juvenile justice process.
throughout the country include models identified by
the National Center for Mental Health and Juvenile
Diversion to Community-Based Justice. The Integrated Co-Occurring Treatment
Mental Health Treatment Model in Akron, Ohio, is an intervention program
Community-based treatment is an option for juveniles that serves youths in the justice system who exhibit
who do not pose a danger to public safety and for mental health problems and substance abuse.
whom detention intensifies their mental problems and
creates difficult-to-manage situations for corrections The program provides diversion services for youth
systems personnel. referred by the court and also offers a reintegration
program. Juveniles go through an extensive
Diversion programs typically allow a juvenile to assessment, followed by individual and family
complete certain requirements in lieu of being therapy interventions.
processed for adjudication. Assessment, paired with
diversion at the early stage in the juvenile justice
process, is a promising way to prevent a juvenile’s
The Ohio program provides
further involvement in the system, also discussed
in the Delinquency Prevention & Intervention
diversion services for youth referred
chapter. Diversion to the community is considered by the court and also offers a
appropriate for many youth who have committed reintegration program. Juveniles go
minor offenses. Effective diversion policy requires through an extensive assessment,
adequate community-based mental health services
followed by individual and family
and alternatives to incarceration.
therapy interventions.
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Juvenile Justice Guide Book for Legislators
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Mental Health Needs of Juvenile Offenders
Health Association. The program helps youths with for community-based, intensive treatment and
serious emotional disturbances and their families by supervision pilot programs for mentally ill juveniles
developing integrated care plans designed to address involved in the criminal justice system. The law
each family’s unique situation. requires juvenile justice and mental health agencies
to collaborate in this effort. Beginning in 2004,
Colorado created a legislative oversight committee
The Dawn Project helps and a task force for the continuing examination of
youths with serious emotional the treatment of people with mental illnesses in the
justice system. The task force is required to report its
disturbances and their families by
findings on an annual basis to the General Assembly
developing integrated care plans and is authorized through 2015.
designed to address each family’s
unique situation.
Beginning in 2004, Colorado
created a legislative oversight
Minnesota’s largest county was awarded $520,000
committee and a task force for
from the federal Local Collaborative Time Study,
through the Children’s Mental Health Collaborative the continuing examination of the
and the Juvenile Justice Coalition of Minnesota, to treatment of people with mental
provide mental health intervention services and work illnesses in the justice system. The
toward systemic changes for justice-involved youth task force is required to report
with mental or co-occurring disorders. Legislation in
its findings on an annual basis
several states has specifically addressed collaboration.
California requires the Department of Youth to the General Assembly and is
Authority and the Department of Mental Health to authorized through 2015.
collaborate on training, treatment and medication
guidelines for youths with mental illness who are
under the jurisdiction of the Department of West Virginia law also encourages collaboration,
Youth Authority. allowing the Division of Juvenile Services to convene
multidisciplinary treatment teams for juveniles in
Colorado law instructs the Department of Human
their custody. As appropriate, team members include
Services to select one urban and one rural site
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Juvenile Justice Guide Book for Legislators
Conclusion
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