Mental Health Needs of Juvenile Offenders

Mental Health Needs of Juvenile Offenders

Juvenile Justice Guide Book for Legislators

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

people who are less likely to act out and commit

crimes. The importance of screening and treatment

are also discussed in the Delinquency Prevention &

Intervention chapter of this guidebook.

Introduction

Children with mental health needs sometimes enter a juvenile

justice system ill-equipped to assist them. Between 65 percent

and 70 percent of the 2 million children and adolescents

arrested each year in the United States have a mental health

disorder. Approximately one in four suffers from a mental illness

so severe it impairs his or her ability to function as a young

person and grow into a responsible adult.

65-70%Between 65 percent and 70 percent of the 2 million children and adolescents arrested each year in the United States have a mental health disorder.

2

Mental Health Needs of Juvenile Offenders

American children and teenagers sometimes

experience conduct, mood, anxiety and substance

abuse disorders. Often, they have more than one

disorder; the most common “co-occurrence” is

substance abuse with a mental illness. Frequently,

these disorders put children at risk for troublesome

behavior and delinquent acts.

Behavioral disorders are characterized by actions

that disturb or harm others and that cause distress or

disability. Attention Deficit Hyperactivity Disorder

(ADHD) and conduct disorders are typical youth

behavioral disorders. According to the Center for

Disease Control, an estimated 9 percent to 10 percent

of approximately 5.4 million American children

suffer from ADHD, and 4.8 percent of them take

medication for their condition.

Emotional disorders occur when a child’s ability to

function is impaired by anxiety or depression. The

Center for Mental Health Services estimates that 1 in

every 33 children and 1 in 8 adolescents are affected

by depression, a potentially serious mood disorder that

also afflicts many adults. The occurrence of depression

among juvenile offenders is significantly higher than

among other young people.

Disorders Prevalent Among Youth in the General Population

3

Juvenile Justice Guide Book for Legislators

Screening and assessment are vital to addressing

mental health treatment needs of youths in the

juvenile justice system.

Screening and assessment are

vital to addressing mental health

treatment needs of youths in the

juvenile justice system.

Screening attempts to identify the youths who

warrant immediate mental health attention

and further evaluation. Assessments are a more

comprehensive and intensive examination of

problems and behaviors exhibited by a young person.

Proper assessments help those who determine risks,

placement and treatment.

Screening

According to the National Center for Mental

Health and Juvenile Justice, youths who immediately

receive a mental health screening are more likely

to have their problems identified and treated. In

many jurisdictions, however, screening only occurs

after a juvenile has been adjudicated and placed in a

correctional facility.

Efforts in Pennsylvania to improve the quality of

services and care in juvenile justice have included

Youth in the Juvenile Justice System Many juveniles who commit delinquent acts have

a history of substance abuse. In the Department of

Justice’s Arrestees Drug Abuse Monitoring Program,

half the male juveniles arrested in nine separate sites

tested positive for at least one drug. Studies also have shown that up to two-thirds of juveniles in the justice

system with any mental health diagnosis had dual

disorders, most often including substance abuse.

In 2006, the National Mental Health Association

reported that the prevalence of disruptive behavior

disorders among youth in juvenile justice systems is

between 30 percent and 50 percent.

Anxiety disorders, post-traumatic stress disorder

in particular, also are prevalent among juvenile

offenders, especially girls. Psychotic disorders such

as schizophrenia, however, are rare in the general

population as well as in children involved in the

justice system.

Mental Health Assessment and TreatmentMental health disorders are more complicated and

difficult to treat in young people than in adults.

Because adolescence is a unique developmental period

characterized by growth and change, disorders in teens

are more subject to change and interruption. Ongoing

assessment and treatment, therefore, are important.

Mental Health Needs of Juvenile Offenders

4

the use of screening protocols to identify young

people with immediate needs as well as those who

require further assessments. All young people in

Pennsylvania detention centers are screened using the

Massachusetts Youth Screening Instrument, Version

2 (MAYSI-2).

All young people in Pennsylvania

detention centers are screened

using the Massachusetts Youth

Screening Instrument, Version

2 (MAYSI-2).

Screening has resulted in a more effective response

to youths with mental health needs, including

promoting awareness and competency among

detention professionals in the state. To encourage

even more effective screening, Pennsylvania, in

2008, strengthened a juvenile’s right against self-

incrimination by restricting the use of statements

and other incriminating information obtained

during mental health and substance abuse screenings.

Illinois and Texas have passed similar legislation in

recent years.

Nevada has also recently passed a law requiring

screening for mental health and substance abuse

problems for juveniles who are taken into custody

and held for detention hearings. The findings

of these evaluations and subsequent treatment

recommendations are required to be reported to the

juvenile court.

Assessment

Some states have approached juvenile mental

health issues from a different standpoint. Namely,

they require evaluations of juveniles based on the

seriousness or type of their offense. For example,

in 2007, lawmakers in North Dakota and Oregon

passed laws requiring alcohol and drug education,

assessment and treatment for juveniles who commit

alcohol-related offenses. Under a 2009 law in

Tennessee, juveniles charged with offenses that

would be felonies for adults must undergo court-

ordered psychiatric evaluations.

Under a 2009 law in Tennessee,

juveniles charged with offenses

that would be felonies for adults

must undergo court-ordered

psychiatric evaluations.

The state must pay for the mental health evaluation

unless it is determined that the juvenile’s parents can

afford to reimburse the state.

Juvenile Justice Guide Book for Legislators

5

The Cook County, Ill., Juvenile Court Clinic has a

forensic evaluation process being adopted in other

jurisdictions. The clinic consults with the court

upon request, provides forensic clinical assessments,

and provides information on community-based

mental health resources and education programs.

A clinical coordinator informs judges and

probation staff about the juvenile’s mental health

evaluation and treatment needs. Likewise, in the

last three years, Arizona, California, Colorado and

New Hampshire have all established courtroom

procedures that enable attorneys and judges to

request mental health screenings for juveniles

involved in delinquency proceedings.

Other jurisdictions have created

specialized courts to serve youth

with mental health needs.

Other jurisdictions have created specialized courts

to serve youth with mental health needs. In 2007,

Tennessee authorized its juvenile courts to develop

and operate drug court treatment programs for

youth. In 2008, Louisiana allowed one of its judicial

districts to designate at least one of its divisions to be

used solely as a mental health court.

Recognizing that mental health needs of juveniles often

go unrecognized and untreated, state legislators have

been creating policy directives for prompt and complete

evaluation of youth in the juvenile justice system.

Although juvenile courts routinely have discretion to

order mental health evaluations, a new law in Idaho

requires mental health assessments and treatment

plans before the child reaches the court. The law was

intended to ensure prompt assessment, which can

include convening a “screening team” of officials from

health and welfare, probation, juvenile corrections, and

other agencies, along with the child’s parents.

Linkages to Competency

Mental health assessment is also crucial to address

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

issues among juvenile offenders and the impact on

legal competency are also addressed in the Adolescent

Development and Competency chapter.

Typically, incompetence to stand

trial is related to a mental disorder

or developmental disability.

Typically, incompetence to stand trial is related

to a mental disorder or developmental disability.

Juvenile competency is further complicated by

Mental Health Needs of Juvenile Offenders

6

developmental immaturity, with limited guidance

in law on how to deal with this. As discussed in the

Adolescent Development and Competency chapter,

developmental immaturity distinguishes many

juveniles from adults in important ways that make

them less able to assist in their defense or to make

important decisions as part of the process. This

suggests that, in defining standards of competency

for juveniles, simply applying the same standards as

those used for adults will not work.

At least 10 states—Arizona, Colorado, Florida,

Georgia, Kansas, Minnesota, Nebraska, Texas,

Virginia and Wisconsin—and the District of

Columbia specifically address competency in their

juvenile delinquency statutes.

Virginia’s statute, for example,

directs how the issue of

competency is to be raised and

evaluated. Charges against an

“unrestorably incompetent”

juvenile are to be dismissed in one

year for a misdemeanor offense,

and in three years from the date

the juvenile is arrested in what

would be a felony case.

Virginia’s statute, for example, directs how the issue

of competency is to be raised and evaluated. Charges

against an “unrestorably incompetent” juvenile

are to be dismissed in one year for a misdemeanor

offense, and in three years from the date the juvenile

is arrested in what would be a felony case.

In Arizona, case law supports

a finding that, under state

law, a juvenile need not have

an underlying mental disease,

defect or disability to be found

incompetent. In that case,

a juvenile court found that

immaturity affected the ability

of two juveniles to understand

proceedings against them.

Absent statutory direction, courts in other states also

recognize and review juveniles for incompetence. In

Arizona, case law supports a finding that, under state

law, a juvenile need not have an underlying mental

disease, defect or disability to be found incompetent.

In that case, a juvenile court found that immaturity

affected the ability of two juveniles to understand

proceedings against them.

Juvenile Justice Guide Book for Legislators

7

A number of screening tools and comprehensive

assessment instruments are available to juvenile justice

system personnel. No one screening or assessment

can predict with flawless accuracy future behaviors or

the mental health status of an individual. However,

experts recommend that juvenile justice systems use

standardized, proven instruments with young people at

different points in the juvenile justice process.

Diversion to Community-Based Mental Health Treatment Community-based treatment is an option for juveniles

who do not pose a danger to public safety and for

whom detention intensifies their mental problems and

creates difficult-to-manage situations for corrections

systems personnel.

Diversion programs typically allow a juvenile to

complete certain requirements in lieu of being

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

further involvement in the system, also discussed

in the Delinquency Prevention & Intervention

chapter. Diversion to the community is considered

appropriate for many youth who have committed

minor offenses. Effective diversion policy requires

adequate community-based mental health services

and alternatives to incarceration.

Detention can be a poor choice for juveniles for

whom a mental health disorder may bring about a

heightened sense of trauma and acute feelings of

depression, anxiety and even suicide. Detention also

can interrupt therapy and medication for juveniles

already receiving them.

Diversion programs being used in communities

throughout the country include models identified by

the National Center for Mental Health and Juvenile

Justice. The Integrated Co-Occurring Treatment

Model in Akron, Ohio, is an intervention program

that serves youths in the justice system who exhibit

mental health problems and substance abuse.

The program provides diversion services for youth

referred by the court and also offers a reintegration

program. Juveniles go through an extensive

assessment, followed by individual and family

therapy interventions.

The Ohio program provides

diversion services for youth referred

by the court and also offers a

reintegration program. Juveniles go

through an extensive assessment,

followed by individual and family

therapy interventions.

Mental Health Needs of Juvenile Offenders

8

AftercareJuveniles’ access to mental health services after being

released is an important part of a comprehensive

approach to addressing their mental health needs.

Without ongoing treatment, many children are

more vulnerable to behaviors that prompt their

return to the system. Community-based and

home-based mental health services, family-based

therapy, youth mentoring, and recreational and

social opportunities are options that help create a

continuum of care. Recent legislation in Virginia

requires the Board of Juvenile Justice to develop

regulations for mental health, substance abuse and

other therapeutic treatments for young people

returning to the community following commitment

to a juvenile correctional center or post-dispositional

detention. Texas lawmakers passed similar legislation

establishing a continuity of care while the juvenile

offender is on parole. Such actions provide an

important policy framework for the mental health

needs of juveniles.

Community-based and home-

based mental health services,

family-based therapy, youth

mentoring, and recreational and

social opportunities are options

that help create a continuum

of care.

The Importance of CollaborationThe WrapAround Milwaukee program, recognized

as a model for collaboration, has successfully

integrated mental health, juvenile justice, child

welfare and education systems to provide services

to young people. Treatment plans are tailored to

address the unique needs of each child and family.

Evaluations indicate that the program is achieving

positive results. The use of residential treatment

has decreased by 60 percent since the program’s

inception, and inpatient psychiatric hospitalization

decreased 80 percent.

The use of residential treatment

has decreased by 60 percent

since WrapAround Milwaukee’s

inception, and inpatient

psychiatric hospitalization

decreased 80 percent.

Similarly, the Dawn Project in Indiana is a

successful collaboration among the Family and

Social Services Administration; the divisions

of Mental Health and Addiction; the Indiana

Department of Education; the Indiana Department

of Corrections; the Marion County Office of

Family and Children; the Marion Superior Court,

including the Juvenile Division; and the Mental

Juvenile Justice Guide Book for Legislators

9

Health Association. The program helps youths with

serious emotional disturbances and their families by

developing integrated care plans designed to address

each family’s unique situation.

The Dawn Project helps

youths with serious emotional

disturbances and their families by

developing integrated care plans

designed to address each family’s

unique situation.

Minnesota’s largest county was awarded $520,000

from the federal Local Collaborative Time Study,

through the Children’s Mental Health Collaborative

and the Juvenile Justice Coalition of Minnesota, to

provide mental health intervention services and work

toward systemic changes for justice-involved youth

with mental or co-occurring disorders. Legislation in

several states has specifically addressed collaboration.

California requires the Department of Youth

Authority and the Department of Mental Health to

collaborate on training, treatment and medication

guidelines for youths with mental illness who are

under the jurisdiction of the Department of

Youth Authority.

Colorado law instructs the Department of Human

Services to select one urban and one rural site

for community-based, intensive treatment and

supervision pilot programs for mentally ill juveniles

involved in the criminal justice system. The law

requires juvenile justice and mental health agencies

to collaborate in this effort. Beginning in 2004,

Colorado created a legislative oversight committee

and a task force for the continuing examination of

the treatment of people with mental illnesses in the

justice system. The task force is required to report its

findings on an annual basis to the General Assembly

and is authorized through 2015.

Beginning in 2004, Colorado

created a legislative oversight

committee and a task force for

the continuing examination of the

treatment of people with mental

illnesses in the justice system. The

task force is required to report

its findings on an annual basis

to the General Assembly and is

authorized through 2015.

West Virginia law also encourages collaboration,

allowing the Division of Juvenile Services to convene

multidisciplinary treatment teams for juveniles in

their custody. As appropriate, team members include

Mental Health Needs of Juvenile Offenders

10

For references and additional resources, please

see the References, Glossary & Resources section.

Conclusion

The mental health and substance

abuse needs of court-involved youths

challenge juvenile justice systems to

respond with effective evaluation and

intervention. Active partnerships with

the mental health community and other

child-serving organizations can improve

the care and treatment of these young

people and prompt healthier results for

individuals, families and communities.

a juvenile probation officer, social worker, parents or

guardians, attorneys, appropriate school officials, and

child advocacy representatives.

Juvenile Justice Guide Book for Legislators

11

7700 East First Place | Denver, CO 80230 | (303) 364-7700 | www.ncsl.org