Analysis of Legislation in Juvenile Mental Healthcare - Research Paper Example

? Analysis of Legislation al Affiliation The mental health care amendment bill was enacted by the senate of Virginia; there were growing incidences of juveniles caught in crimes. However, proper health investigations to determine the mental health statuses of these juveniles were not being conducted, which is the reason why most of them faced juvenile courts and were later transferred to juvenile prisons. The amendment bill is aimed at changing several clauses, to ensure that better health services are offered. The possibility of mental health disorders is an issue that needs to be considered before a juvenile goes to court; this gives the probation officers and other staff an opportunity to determine whether to take a juvenile to court or offer him treatment. In order to ensure that this bill works effectively, each group that participates in administration of justice has been assigned specific roles. The end result is that the juvenile justice system will be able to offer the best services in the treatment and rehabilitation of misbehaving youths and model them to better people in the society. Keywords: Mental Health, Juvenile, Bill, Amendment, Disorder, Virginia, Juvenile Justice System, Treatment, Federal Policy, Screening, National Association of Social Workers (NASW), Ethics, Code Legislation to Handle the Issue of Juvenile Mental Health Assessment Early in 2013, the General Assembly of Virginia enacted a bill requiring juveniles to undergo mental health screening and assessment, before they are taken to court. The policy requires the probation officers and social workers to conduct mental health assessments on juveniles placed in their facilities. This is to determine whether a juvenile can be judged as being delinquent or having a serious mental health issue that would require appropriate treatment (Virginia’s Legislative Information System, 2013). The juvenile is to be kept in a secure place, have his or her mental health assessed and its status determined. The juvenile should also be proven fit for a commitment; that is, proven capable of facing a juvenile court. The whole process of evaluation should be concluded and filed. The main function of this legislation is to ascertain the ability of the juvenile to understand the consequences of his actions. Juveniles with no mental health issues get to be taken to court, while those with mental health issues get appropriate treatment. In order for this legislation to work effectively, it addresses the need to compensate the community services board that is responsible for carrying out the assignments. In a situation whereby the social worker discovers a severe mental health issue in a juvenile, he shall take the mandate of advising the higher authorities about it and request for further evaluation on the issue. In the case where the authority of the commonwealth needs a commitment of a juvenile arbitrated criminal, and where a mental health assessment has been carried out successfully and a mental health need noticed, the interdisciplinary group shall be called upon by the court. Historical Response to Juvenile Mental Health In America, approximately two million youths arrested each year; most of them suffer from mental health problems. The juvenile system has for a long period of time served many young people with mental health disorders. Scott points out that the system “offers their first contact with mental health professionals” (2010, p. 555). The situation is so severe that most of them don’t develop into responsible people in their adulthood. The problem is compounded by the fact that most of the juveniles are not kept in equipped juvenile justice systems, and most of them are released without being served with the required mental health treatment. In response to an increase in the number of juveniles suffering from mental health disorders and who are supposed to go through the juvenile justice system, there has been a rise of many organizations that offer solutions to the problem. One of them is the Centre for Mental Health Services in the United States of America, and another one called WrapAround Milwankee to mention a few. These organizations have successfully undertaken the responsibility of introducing better systems to handle the mental health issues of juveniles. In fact, they have gone to the extent of integrating it with the education system. One of the programs that have been developed is referred to as the diversion program; this program gives room to juveniles to complete some requirements for processing of adjudication. Among other approaches that have been sought after is the use of screening and assessment methods. The introduction of these two programs is a big step by the organizations in ensuring that the juveniles get access to immediate health attention. This is because screening enables this achievement, while the process of assessment ensures that there is comprehensive and intensive cross examination of disorders demonstrated by juveniles due to be taken through the juvenile justice system. This fact is supported by Heilbrum, Goldstein and Redding (2005), who urge that “it is very important to administer mental health and substance use screening and assessment instruments to juveniles in order to determine the extent to which they need appropriate services” (p. 167). The mental health issues of juveniles in the juvenile justice system have managed to gain attention and observation at the federal level (Cocozza & Skowyra, 2000). The federal policy is aiming at offering care for juveniles at risk. The civil rights groups in the U.S. conducted various investigations that published the problem s encountered by the youth, due to inadequate mental health services at the juvenile justice systems. The U.S. department of health and human services carried out a survey to determine available health facilities at the juvenile systems. Another step at the federal level is the effort by the congress to amend a bill that demands adequate screening and treatment of any health issue traced in a juvenile. The importance of paying attention to the mental health issues of juveniles has been recognized at the state level as well. Cocozza and Skowyra (2000) give an example of a response by the secretary at the state department of juveniles in Florida. When asked about the main issue facing the juvenile justice system, his take was that the most challenging issue was the provision of special services, like mental health screening and treatment. The state’s recognition of such an issue shows that it is a very sensitive area. Analysis of the Bill The goal of this bill is to come up with the best way of handling mental health problems in juveniles about to go through the juvenile justice system. To achieve this goal, the relevant courts shall ensure that there is health screening and assessment; the assessment has been given a time limit of 24 hours. The bill has also set up investigating departments. The benefit that the bill is expected to offer is the directive that a parent could be allowed to retain the juvenile, as he or she observes treatment. Apart from the relatives, the juvenile may also be transferred to a child welfare agency, or any other licensed organization that can look after him or her, and provide special care and duties within the limit of the law. The court has a good top down structure to ensure smooth operations; there are clerks, judges and probation officers, all of whom have unique duties to play. This will help the system handle juvenile issues more conveniently, and therefore, be able to meet the 24 hour submission time. This will enable more time for compilation of a report by the court. The bill offers a provision of assessing the fee on the petitioner and the respondent. This is done when the local department has been directed by the court to undertake an investigation, or supervise visitations. The fee program has standards of assessing the ability of the paying party; it also determines the amount charged for the service provided. In a case whereby the fee has not been waived, the charges are not expected to go beyond the amount agreed upon by the local department of social services; payments are only made according to the prescription of the corresponding department. The bill addresses the need for a program to which in this case, is to handle the health screening and assessment of juveniles. The program is required to carry intensive screening on drugs, physical, social, and mental health issues. Process Analysis The whole process of setting legislation concerning the mental health of the juveniles is mainly based on the legislators. Apart from this group, there are other varied participants that need to be involved to enable the success of the program. Such personnel include health practitioners, who shall take the responsibility of determining the status of mind of the juveniles, through various medical evaluations. The other group is the social workers who in this particular case shall ensure the well being of the juveniles upon mental examination. Supervision and investigations are carried out by special services. These three teams amongst others such as parents have distinct roles to play. The policy will affect each of these teams positively, especially the parents of the juveniles. This is because they shall be relieved off the burden of financing the treatment of their children. The juveniles will be required to undergo rehabilitation, and are therefore expected to come out as better people; this is to the delight of the parents and the community as a whole. Evaluation of the Bill Looking at this bill along a logical perspective, it came at the right time as far as mental health assessment and juvenile justice are concerned. In contrast to previous laws or procedures of handling juveniles, the legislation has defined an appropriate procedure that does not compromise any party. The juvenile may be taken from the parent, though not all parents could be willing to have this done. Upon various examinations, the placement of the juvenile is determined. This is an issue to do with justice; therefore, any ruling provided by the court is accepted and if this legislation has been fully adhered to, then the whole procedure is logical. The society needs peace and any measure taken for corrective and rehabilitative purposes is very important. This legislation is effective because of the procedure in which it defines its activity. An interdisciplinary team is set up to evaluate the service requirements of the juvenile. The team is charged with the responsibility of ensuring that the juvenile is put in a secure facility, and a mental health assessment is undertaken. This promises a high amount of commitment in handing this issue of juveniles. The mental health assessment bill is a very important act as it helps to determine how the treatment of a mental disorder is undertaken. It addresses the legal actions pertaining juvenile systems. The need of the state and the society is to reduce juvenile delinquency by addressing the felonies committed by the youth, who then attract the interest of the juvenile justice system. Having been arraigned in this system, the juvenile could yet suffer from a mental disorder and this calls for the need to revise mental health policies based on the juvenile justice system. Cocozza and Skowyra (2000) acknowledge that the quality of services provided to juveniles under the juvenile justice system need to be enhanced. These amendments are very essential; they have addressed the various issues that are needed, in order to handle juveniles with the highest esteem possible. The service that shall be provided under this amendment bill is adequate to meet the needs in the juvenile justice system. Roles of Social Workers Social welfare deals with the issues of dependency. Social workers may not necessarily support people in their role performance, but they try to maintain a balance. In regard to this issue, the social workers have been trained to intervene in family situations. They help in rehabilitation of the juveniles. Apart from carrying out studies and making court recommendations regarding juvenile placement, they “serve as juvenile probation officers in juvenile delinquency cases as well as guardians ad litem in child custody cases” (Springer & Roberts, 2007, n.p.). At all instances, social workers are required to promote the well being of the people they are empowering; this is because they enhance social justice. This bill has given social workers the function under community services board, which is to serve jurisdiction, so as to conduct the assessment. Together with other organs, they help in offering social services. NASW Code of Ethics The National Association of Social Workers (NASW) has a code of ethics that is intended to act as a guide to social workers. The professional ethics of social workers have been set by NASW; some of these ethics are values, principles, and standards. NASW codes provide the function of identifying core values, where the mission of social work has been based. The codes helps the social workers take appropriate actions whenever uncertainties arise, and are used to access the conduct of social workers. Social workers are expected to uphold integrity, be competent, administer social justice, and recognize the importance of human relationships. The responsibilities of social workers may limit client’s rights to self determination; for example, if according to the social worker, the client’s behavior poses serious threats. Looking at the mental health bill in regard to the juvenile justice system, social work ethics have been adhered to. Social workers have been entrusted with the task of ensuring the well being of the juveniles. The amendment bill addresses the need of improving the way juveniles are handled. Before the court determines the crime committed by a juvenile, he or she is required to have undergone mental health screening and assessment. Through this act, his or her welfare is looked into. Conclusion Mental health issues in juveniles are a big challenge to the juvenile justice systems, which are expected to respond efficiently. The systems need to mobilize communities and organizations to offer partnerships, so as to improve the care and treatment for the juveniles. The fact that children belong to a society and are the future building blocks of the society need any unbecoming behavior to be sported, reported, and proper action taken. If juvenile courts are offered communal support to handle these issues, then the young generation will be rehabilitated and modeled into a better generation. The functions of the juvenile systems involve a lot of personalities. Since it is a delicate issue, those who are part of the process need to adopt the professional codes and ethics that are provided by NASW. Mental health cases in juveniles need to be handled with a lot of competency, integrity, and with much responsibility. This approach will enable them to be successful. The mental health bill needs much support from different organizations and the government. Reference List Cocozza, J. J. & Skowyra, R, K. (2000, April). Juvenile Justice-Youth with Mental Health Disorders: Issues and Emerging Responses. Retrieved September 22, 2013, from https://www.ncjrs.gov/pdffiles1/ojjdp/178256.pdf. Heilbrum, K., Goldstein, Naomi E. S. and Redding, Richard E. (Eds.). (2005). Juvenile Delinquency: Prevention, Assessment, and Intervention. Oxford: Oxford University Press. Springer, David W. & Roberts, Albert R. (Eds.). (2007). Handbook of Forensic Mental Health with Victims and Offenders: Assessment, Treatment, and Research. New York: Springer Publishing Company, LLC.   Scott, Charles L. (Eds.). (2010). Handbook of Correctional Mental Health. Virginia: American Psychiatric Publishing, Inc. Virginia’s Legislative Information System. (2013). 2013 Session: Senate Bill No. 928. Retrieved September 22, 2013, from http://lis.virginia.gov/cgi-bin/legp604.exe?131+ful+SB928 Read More