1. 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

2. 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

3. 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

4. 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

5. 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”)

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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)