Mental Health Services for Youth in Juvenile Justice Systems

ISSUE:
Juvenile justice system reforms must preserve the protections of the Juvenile Justice and Delinquency Prevention Act of 1974, rehabilitate the youth served, and address their mental health needs.

BACKGROUND:

For more than 25 years, federal law has protected children and youth who come in contact with the juvenile justice system. The law recognizes the state's obligation to address young peoples' developmental needs by requiring that children be separated from adults and taking a rehabilitative rather than a punitive approach to the treatment of juvenile offenders.

Although the Department of Justice reports that juvenile arrests have declined since 1994, each year more than two million children and youth under the age of 18 are arrested. More than 100,000 are in juvenile detention and correction facilities on any given day. The Department of Justice reports that 73 percent have mental health problems and estimates that over 60 percent may also have substance abuse disorders.

Providing community-based services and support to children and youth with mental health needs is a preventive measure that promotes public safety and reduces recidivism for youth who do come in contact with the police.

Several bills have been introduced in Congress to provide states with additional money for prisons, investigations, and prosecution of juveniles. Two of these, H.R. 1900 and H.R. 863, fail to address core issues and would reverse or weaken essential protections established in the Juvenile Justice and Delinquency Prevention Act of 1974.

Harmful proposals include:

* Placing children at risk of great harm by allowing "incidental" contact with adult inmates in the state system and allowing minors to be placed in cells with adult inmates in the federal system
* Eliminating requirements that states address the disproportionate confinement of minority youth; and
* Inadequate assurances that funding will be appropriated for prevention, early intervention, and effective treatment programs.

Representative Miller (D-CA) introduced the Mental Health Juvenile Justice Crime Act - H.R. 2198 designed to provide federal assistance to states to serve children in need of mental health and substance abuse services who come in contact with the juvenile justice system. Senator Wellstone (D-MN) is expected to introduce a companion bill in the Senate. H.R. 2198 would:

* Allow states to use Juvenile Delinquency Prevention Block Grant funds for mental health screening and to provide mental health services; as well as for projects that provide "coordinated" mental health service programs for at-risk youth;
* Allow states to use federal dollars for training law enforcement and juvenile justice personnel on linkages to community-based mental health services and substance abuse treatment programs;
* Require the Office of Juvenile Justice and Delinquency Prevention to conduct a comprehensive study of all of the mental health services being administered to juveniles in the justice system; and
* Require states to submit a plan for providing needed mental health services to juveniles in the justice system.

FFCMH POSITION:

The Federation of Families for Children's Mental Health is concerned about improving community safety. Children and youth who are detained or incarcerated must have appropriate mental health services to achieve their rehabilitation and insure the safety of the communities to which they return.

The Federation of Families for Children's Mental Health is especially concerned that children and youth not be punished for actions that are the result of their mental or emotional disorders. These individuals and their families must get necessary treatment, services, and supports to help them live safely and responsibly in the community.

Children and youth who come in contact with the juvenile justice system should receive effective vocational and independent living skills training, education and special education, health and mental health services, social services, and substance abuse treatment. Their families should have training and support to insure youth continue to function responsibly after discharge from juvenile facilities.

Our tax dollars need to be spent on:

* Prevention, early identification, and effective intervention for emotional, behavioral, or mental disorders in ALL children;
* Supporting families to insure that ALL children receive the care, love, and guidance they need to become responsible adults; and
* Mental health and other rehabilitative services for children and youth when they do come in contact with the juvenile justice system.

ACTION REQUIRED:

Congress should enact juvenile justice legislation that:

* Specifically designates funds for prevention, early intervention, and rehabilitation services
* Protects the rights of children and youth and insures their health and safety while under the jurisdiction of juvenile justice authorities.
* Continues to require states to address the disproportionate confinement of minority youth and
* Insures that the mental health needs of all children and youth in the juvenile justice system are identified and promptly and appropriately addressed.