Addressing Mental Health Needs of Juvenile Offenders.

Editor's Note: The following is an edited reprint of a LegisBrief published by the National Conference of State Legislatures (NCSL) in the August/September 2000 series.

At least 60 percent of children in the juvenile justice system have recognizable mental health problems, according to research, and as many as 20 percent are seriously mentally ill. These disorders include anxiety, mood and conduct disorders, psychotic disorders, attention deficit and hyperactivity disorder and posttraumatic stress disorder. Studies also indicate that 50 percent to 75 percent of juvenile delinquents suffer from both mental health disorders and substance abuse problems. A 1999 study by the Substance Abuse and Mental Health Services Administration shows that youths with emotional and behavioral problems are more likely to abuse alcohol and drugs.

State Actions

Because youths with mental and emotional disorders often behave in ways that place them into the justice system, state laws are addressing mental health assessment and evaluation of these youths. In some states, assessment follows firearm possession or crimes. Washington requires a mental health evaluation in a juvenile or adult facility of a person between ages 12 and 21 who is arrested for firearm possession on school grounds or at a school function. The law allows release after examination and evaluation by a county-designated mental health professional. A California statute allows a treatment-based alternative to incarceration if a minor who used a firearm to commit a violent felony has a mental disorder that requires intensive treatment.

Maryland's law requires a comprehensive mental health or substance abuse assessment of a child who is the subject of a complaint if initial screening deems it necessary. Virginia requires drug screening and assessment of all juveniles who commit certain misdemeanors or felonies. Courts may order such assessments of other adjudicated juveniles and require youths to complete a program of treatment or education, similar to provisions for adult offenders also included in that law. Under North Carolina law, judges may conduct a hearing to determine whether a delinquent or undisciplined juvenile needs medical, psychiatric, psychological or other treatment and who should pay for it.

Other state laws require a review of mental health services for juveniles. The Arizona Department of Juvenile Corrections and the Department of Health Services must develop an intergovernmental agreement to serve mentally ill youths who are committed to the Department of Juvenile Corrections. The agreement must designate specific procedures for providing services to committed youths and provide means for sharing funds, expertise and training opportunities. Florida requires the Department of Juvenile Justice to establish standards to ensure the quality of mental health services provided to juveniles with mental, nervous or emotional disorders who may be committed to intensive residential treatment programs.

School-based services for at-risk children are being addressed in states such as California and Kansas. California began an Early Mental Health Initiative that distributes grants to schools that provide prevention and early intervention services to children with mild to moderate school adjustment difficulties. School mental health professionals work with kindergarten through third-grade students, parents and school staff. Similarly, the Experimental Wraparound Kansas Project provides a funding incentive for school districts that collaborates with community mental health centers to implement mental health support services in the schools.

Federal Action

A proposal currently before Congress would establish grants for partnerships between state and local juvenile justice agencies and mental health authorities for creation and implementation of programs for juveniles with mental health or substance abuse problems who come into contact with the justice system. The proposed Mental Health Juvenile Justice Act (S 464) also addresses mental health and treatment needs of youths on probation.

The Office of Juvenile Justice and Delinquency Prevention (OJJDP) is working with the Center for Mental Health Services to strengthen the capacity of its child mental health sites to serve offenders in the juvenile justice system. OJJDP also supports the National GAINS (Gather, Assess, Interpret, Network, Stimulate) Center for People with Co-Occurring Disorders, which helps courts and juvenile and criminal justice offices improve treatment and services for offenders with both mental health and substance abuse disorders.

Without mental health treatment, mentally ill juvenile offenders often become involved in the adult criminal justice system. As more research is conducted on mental health in juvenile justice, states can improve the ability of their systems to assess and treat this population in an appropriate and effective manner.

REFERENCES

Faenza, Michael M. and Christine B. Siegfried. 1998. Responding to the mental health treatment needs of juveniles. Juvenile Justice Update. (October/November).

Montgomery, Imogene. 2000. Mentally ill juvenile offenders: Responding to a critical need for services, assessment and collaboration. Pittsburgh: National Center for Juvenile Justice.

"Serious Emotional, Behavioral Problems Linked to Adolescent Substance Abuse," URL=http://www.samhsa.gov/press/99/990623revised.htm; World Wide Web.

Adelia Yee is a former policy associate for NCSL's Juvenile Justice Project.