Technical Assistance Partnership for Child and Family Mental Health

Technical Assistance Partnership for Child and Family Mental Health

Juvenile Justice and Systems of Care Frequently Asked Questions

September 2006

Q: As a parent of a child with mental health needs that is involved in the juvenile justice system, how can I best advocate for his or her ?

A parent can advocate for his/her child in the juvenile by notifying system partners, including the arresting officer, of his/or her child’s disabilities. The juvenile justice system is under-prepared to deal with the large numbers of children with mental health issues and other disabilities. Parents can be very helpful in improving practices in the juvenile justice system, especially at a time when the system partners accept the fact that the clinical needs of the youth exceed their capacity to provide treatment.

The first meeting with the assigned lawyer should be set up by the parent as soon as possible. No matter what, this meeting should be held before the first hearing and enough time should be allowed for the parent to engage in some discussion about the needs of the youth. At that meeting, the parent should identify any and all disabilities the youth has and what interventions work for him/her. It is also important to advise the attorney of treatments that have not worked. This includes such things as whether the child has learning disabilities, substance use or abuse issues, as well as mental health issues. Since this hearing is what is known as the initial hearing, the lawyer may suggest continuation of the discussion after the hearing. The main thing is to provide enough information so that the lawyer can argue against out-of-home temporary detention, if the parent feels that is best for the child/youth.

The parent should give the lawyer copies of any prescriptions or treatment plans. Advise the lawyer of any medications or treatment regimens the youth follows. Ask for the level of care you think would work for your youngster. It is very important that parents know what types of therapies are available for the treatment of his/her child’s diagnosis and any limitations or contraindications for the selected treatment. The lawyer needs to be as prepared as possible to argue for the best setting to provide for the needs of the youth, while keeping the community and any alleged victims safe.

For more information on how best to advocate for system involved youth with mental health needs, see Juvenile Justice and Mental Health: Working Together for the Best Outcomes for youth with Serious Emotional Disorders at http://www.tapartnership.org/advisors/juvenile_justice/MH_JJ_pub.asp