Legal Issues Affecting Mentally Disordered and Developmentally Delayed Youth in the Justice System

Abstract

This article provides a review of the ways in which the legal system affects youth with mental disorders and developmental delays. Youth who suffer from mental disorders present a special challenge to the justice system, both in terms of identification and treatment. First, a brief history of the juvenile court is provided, with a special emphasis on the conflicting missions of the court. Then, the ambiguity surrounding legal definitions of mental illness is briefly examined. Next, case and statutory laws and other legal provisions for addressing mental health issues for juveniles are reviewed for each stage of justice system processing – intake/pretrial proceedings, waiver of jurisdiction, adjudication, disposition, and treatment/monitoring of placement. Policy recommendations include a mandated right to treatment for juveniles suffering from severe mental disorders, a nd the extension of competence requirements and the insanity defense to the juvenile court. Suggestions for future research are also identified.