NCSL LegisBrief
Briefing Papers On the Important Issues of the Day
Mental Health Needs of Juvenile Offenders
By Adelia Yee
Aug/Sept. 2000
Volume 8, Number 32
Sixty percent or more of children in the juvenile justice system have a recognizable mental health problem; according to many studies, 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 post traumatic stress disorder. Studies also indicate that 50 percent to 75 percent of juvenile delinquents suffer from both mental health disorders and substance abuse. 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 illicit drugs.
State Actions
Mental Health Evaluations. Because children with mental and emotional disorders often behave in ways that bring them into the justice system, state laws are requiring 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 age 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 the county-designated mental health professional. A California statute allows a treatment-based alternative to incarceration if a minor who used a gun to commit a 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 determines that it is necessary. Virginia requires drug screening and assessment of all juveniles who commit certain misdemeanor or felony acts. 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 the cost.
Mental Health Services for Juveniles. 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 youth who are committed to the Department of Juvenile Corrections. The agreement must designate specific procedures for providing services to committed youth 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 children with mental, nervous or emotional disorders who may be committed to intensive residential treatment programs.
Services in Schools. 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 gives 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 collaborate with community mental health centers to provide mental health support services.
Federal Action
A proposal currently before Congress would establish grants for partnerships between state and local juvenile justice agencies and mental health authorities for 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 young 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 court and juvenile and criminal justice offices improve treatment and services for offenders with both mental health and substance abuse disorders.
Without treatment, mentally ill juvenile offenders often become involved in the adult criminal justice system. As more research is conducted, states can improve the ability of their systems to assess and treat this population in an appropriate and effective manner.
Selected References
Faenza, Michael M. and Christine B. Siegfried. Responding to the Mental Health Treatment Needs of Juveniles. Juvenile Justice Update, October/November 1998.
Montgomery, Imogene. Mentally Ill Juvenile Offenders: Responding to a Critical Need for Services, Assessment, and Collaboration. Pittsburgh, Penn.: National Center for Juvenile Justice, 2000.
"Serious Emotional, Behavioral Problems Linked to Adolescent Substance Abuse," URL=http://www. samhsa.gov/press/99/990623revised.htm; World Wide Web.
Contacts for More Information
Donna Lyons
NCSL-Denver
(303) 364-7700
donna.lyons@ncsl.org
Karen Stern
Office of Juvenile Justice and
Delinquency Prevention
(202) 504-9395
sternk@ojp.usdoj.gov
National Mental Health Association
(703) 684-7722
www.nmha.org
Substance Abuse and Mental Health Services Administration
(301) 443-4795
http://www.samhsa.gov/
National GAINS Center Policy Research
(800) 311-4246
http://www.prainc.com
National Institute of Mental Health
(301) 443-4513
www.nimh.nih.gov
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