Barriers for Youth with Disabilities in Juvenile And Criminal Court Many professionals have limited knowledge of how cognitive and mental health disabilities affect children’s behaviors Overwhelming belief exists that children choose to misbehave Belief that children charged with delinquency do not deserve special education services

Barriers for Youth with Disabilities in Juvenile And Criminal Court Restrictive placements in detention or residential settings are more expedient and popular The juvenile justice system is not designed to identify and provide services to troubled youth Families are encouraged to relinquish custody to the state in order to receive scarce mental health services

Barriers for Youth with Disabilities in Juvenile And Criminal Court 7. There is no pathway for families to advocate in court 8. Families may be seen as the problem, not part of the solution

Family Experience 1. Confusion about how to advocate 2. Frustration about whom to approach Lack of information about legal options for youth Shame and blame Lack of supports

Risks for a Child with Cognitive and Mental Health Diagnosis in Court Fail to understand the questions Respond inappropriately to questions Make decisions impulsively (e.g. “waive their right to counsel”)

Risks for a Child with Cognitive and Mental Health Diagnosis in Court Sign documents that he or she does not understand May appear to lack remorse or to be a threat

Criteria for Release or Detention Protection of society (violent behavior) Best interests of the youth (protection against self-harm) Risk for fleeing All of these criteria may be impacted by the presence of a disability

Parents, Surrogates, Guardians and Disability Advocates Should Have copies of their child’s latest IEP available to the court Have information about their child’s diagnosis and any medication that they may require Have documentation from a professional suggesting the most appropriate interventions for this child’s disabilities

Parents, Surrogates, Guardians and Disability Advocates Should In the absence of an IEP, any copies of documentation requesting evaluations or special services because of a suspected disability should be made available to the court 5. Present information about the disability orally at the time the youth is first detained

Parents, Surrogates, Guardians and Disability Advocates Should Present information about the disability and necessary accommodations in writing prior to the pre-dispositional hearing Provide information to the detention facility if a child is detained

Accommodations for Children with Disabilities in Court Non-waivable right to counsel Repetition of questions Additional time to think about the answers A less distractible environment Ask questions in various formats (auditory, visual, comic book style, video)