Many young people with mental illnesses end up in the Arizona courts. According to the AMA Journal of Ethics, about 70 percent of youth involved with the justice system face at least one mental health issue compared to just 22 percent of youth in the general population.
Juvenile defendants with mental illnesses may be treated differently to other offenders and end up in diversionary programs that keep them out of incarceration.
However, when a juvenile offender with a mental health condition appears in a juvenile court, the judge considers a range of issues including mental health evaluations, the young person’s prior history, and psychological testing.
Many non-profits and other groups support diversion programs. Mental Health America states:
“Effective diversion is the essential first step in accessing community-based, integrated services before the juvenile justice system is invoked, and if the aim is treatment more than punishment, as is usually professed in juvenile justice principles.”
Arizona has developed procedures to identify young people with mental health issues in the criminal justice system.
The National Conference of State Legislatures in its report Mental Health Needs of Juvenile Offenders points out Arizona, Colorado, California, and New Hampshire implemented courtroom procedures for attorneys and judges to request mental health screenings for juveniles caught up in delinquency proceedings.
Arizona is one of at least 10 states to address competency in its juvenile delinquency statute. Arizona states a juvenile does not need to have an underlying mental defect, disease, or disability to be found incompetent.
The report points out a failure to address and treat mental health issues at an early age can be devastating for young people later in life.
Children with unaddressed mental health needs may enter a juvenile justice system ill-equipped to help them. Institutions often release them without access to ongoing mental health treatment.
While Arizona has diversion programs, the state lags behind neighbors like California in the provision of mental health courts for juveniles.
The experienced mental health lawyer at the Garcia Law Firm can help ensure a juvenile family member’s needs are met in the criminal justice system. Call us at (602) 340-1999.
