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MENTAL HEALTH SERVICES IN THE JUVENILE COURT - AN OVERVIEW

NCJ Number
66059
Journal
Juvenile and Family Court Journal Volume: 31 Issue: 1 Dated: (FEBRUARY 1980) Pages: 23-34
Author(s)
E PABON
Date Published
1980
Length
12 pages
Annotation
THE ROLE OF MENTAL HEALTH SERVICES IN THE JUVENILE COURT MUST BE RECONSIDERED DUE TO ITS INEFFECTIVENESS AND EVIDENCE OF THE MISDIAGNOSIS AND MISTREATMENT TO WHICH CHILDREN HAVE BEEN SUBJECTED.
Abstract
PSYCHIATRIC CLINICS IN JUVENILE COURTS HAVE EXPANDED GREATLY SINCE THEIR INCEPTION IN THE EARLY 1900'S WHEN JUVENILE COURTS IN ILLINIOS WERE HAILED AS A TRIUMPH OF PROGRESSIVISM. A RECENT STUDY INDICATES THAT MENTAL HEALTH SERVICES ARE PROVIDED IN 133 COURTS AS PART OF THE COURT SERVICE SYSTEM IN THE U.S. AT FIRST LARGELY DEVOTED TO DIAGNOSIS, SUCH CLINICS GRADUALLY HAVE TAKEN ON TREATMENT RESPONSIBILITIES AS WELL. THE JUVENILE COURT SYSTEM HAS DEVELOPED A REHABILITATIVE IDEOLOGY WHICH HAS HELD THAT (1) CHILDREN ARE FRAGILE, INNOCENT, AND UNCALCULATING AND ARE ENTITLED TO SPECIAL CARE; (2) CHILDREN ARE MORE MALLEABLE THAN ADULTS AND THUS, ARE MORE SUSCEPTIBLE TO HELPFUL INTERVENTION; AND (3) PROBLEMS DURING CHILDHOOD LEAVE LASTING IMPRINTS AND THEREFORE, THE EARLIER THE INTERVENTION, THE GREATER THE CHANCES FOR REHABILITATION. A MODEL FOR MENTAL HEALTH SERVICES IN THE JUVENILE COURT TYPICALLY INCLUDES A PSYCHOLOGIST WITH A MASTER'S DEGREE AND ADDITIONAL WORK TOWARD A DOCTORATE, A PSYCHIATRIST, A GRADUATE SOCIAL WORKER, AND AIDES. SINCE THE EARLY 1970'S, WITH THE MOVEMENT OF DUE PROCESS INTO THE JUVENILE COURT SYSTEM, ISSUES CENTERING ON THE FUNCTION OF MENTAL HEALTH SERVICES WITHIN AN ESTABLISHED LEGAL SYSTEM FOR CHILDREN HAVE BECOME THE FOCUS OF SCRUTINY BY REFORM-MINDED LEGAL AND MENTAL HEALTH PROFESSIONALS. RATHER THAN HAVING MENTAL HEALTH SERVICES WITHIN THE JUVENILE COURT SYSTEM, A COMMUNITY SHOULD DEVELOP A COMMUNITYWIDE PUBLIC CLINICAL SERVICE TO WHICH COURTS, SCHOOLS, AND CHILD WELFARE AGENCIES WOULD HAVE EASY ACCESS IN MAKING REFERRALS FOR CLINICAL ASSESSMENT AND TREATMENT. GUIDES FOR REFERRALS WOULD HAVE TO BE DEVELOPED, BUT STUDIES SHOULD BE REQUESTED WHEN THE CHILD'S AND PARENTS' CONDUCT IN FAMILY CASES APPEAR TO REFLECT SERIOUS EMOTIONAL DISTURBANCE, WHEN A CHILD OR A PARENT SHOWS A HISTORY OF SERIOUS MENTAL ILLNESS OR PSYCHOPATHOLOGY, WHEN A PSYCHIATRIC INSTITUTION REQUIRES A PSYCHIATRIC REPORT BEFORE CONSIDERING ADMISSION OF A CHILD, AND WHEN HELP IS NEEDED IN EVOLVING AN APPROPRIATE PLACEMENT PLAN. EXAMPLES AND FOOTNOTES ARE INCLUDED. (PRG)