Mental Health Rights in
Juvenile Justice Settings
Coping with a mental health condition can be challenging for both teens and their families. These issues can lead to mental and physical health difficulties, problems with relationships, academic struggles, and risky behaviors. But what if risky behaviors lead a teen to get into trouble with the law? What happens to their mental health and future if this happens?
Being funneled into the juvenile justice system can worsen a teen’s mental health. Although the system aims to be rehabilitative and fix the root cause of minor offenses, it could potentially do more harm than good to a teen’s well-being.
If your child is involved in the juvenile justice system, as a parent, you’re undoubtedly feeling highly distressed about what this means for their well-being and future. A mental health professional can support you and help you understand your child’s rights during this time. This article can also help by discussing:
- The mental health challenges teens might face in the juvenile justice system
- What mental health treatment in juvenile detention centers might look like
- The rights of incarcerated teens with mental illness
- Alternatives to incarceration for mentally ill teens
- How to support teens after incarceration
- Where to find professional support for juvenile justice and mental health rights
Mental Health Challenges Among Justice-Involved Youth
Research shows that 60-70% of the youth detained in the juvenile justice system suffer from mental health problems.2 But that’s not all. Many incarcerated youth with mental health problems also have co-occurring mental health issues. For instance, incarcerated teens may also have:
Anxiety and mood disorders- Attention deficit hyperactivity disorder (ADHD)
- Conduct disorder
- Learning disabilities
Some of these teens’ conditions are so severe that they require psychiatric interventions. What’s more, over 90% of youth in detention have a history of witnessing or experiencing domestic violence, physical or sexual abuse, accidents, or other traumatic experiences.
When arrested for minor and major juvenile delinquency, most of these children are referred to the juvenile justice system for rehabilitation. Juvenile delinquency refers to any unlawful behavior that a minor (aged 12-17 years) engages in. These actions may be non-violent, such as drinking or truancy, or more serious crimes. As a result, minors who commit crimes are placed in the system for therapy and counseling to make them responsible citizens.
However, the unfortunate reality is that the juvenile justice system often does not provide adequate and high-quality mental health services.3 In some cases, these services aren’t provided at all, which puts these youth at risk of further mental decline. Supporting justice-involved youth with mental illness becomes even more important under these circumstances.
Consent and Legal Rights for Mental Health Treatment
In Washington, teens of 13 years or older have specific rights when it comes to getting outpatient and inpatient mental health services without the consent of a parent.⁵ The reason these rights were set in the law was to encourage the youth to reach out for help when they need it without worrying about the reaction or opinions of family members. Essentially, they put the mental health of the teen first. That said, providers are encouraged to involve families when appropriate to support continuity of care.
When parents initiate treatment, they must receive updates on diagnosis, treatment goals, and discharge planning unless restricted by court order. All providers, including Mission Prep, adhere to Washington mental health consent laws for minors, ensuring treatment plans are ethical, legal, and supportive of both teen and family involvement.
Legal Protections for Teens in Psychiatric Care
Teens receiving care in a psychiatric facility have rights under both Washington state law and federal HIPAA regulations. These include the right to:
- Be treated with dignity and respect
- Participate in their treatment planning
- Request advocacy or legal representation
- Communicate with family, friends, and guardians (with limitations only when clinically justified)
- Refuse certain treatments unless legally mandated
During involuntary holds, youth still retain rights, including access to a hearing and review. Facilities like Mission Prep help educate families and teens on legal protections for minors in mental health care, ensuring transparency throughout the process.
Mental Health Treatment in Juvenile Detention Centers
1. Initial Screening
Every young detainee receives an initial screening for mental health conditions and drug or alcohol use within one hour of admission.
2. Appropriate Diagnosis by Qualified Professionals
A mental health professional performs an in-depth health check within seven days of admission to assess what services and treatment the youth might need. For instance, they might check the teen’s medical records and family reports. These professionals work closely with and train staff to treat residents professionally and with empathy. These mental health checks are performed regularly for as long as the child is in custody.
However, it’s important to note that not all facilities provide behavioral and psychiatric health intervention, let alone mental health care.
3. Medication & Treatment
The most common behavioral health services provided in juvenile correction facilities are alcohol and drug treatment. However, some facilities might provide…
- Cognitive behavior therapy (CBT) for minors, which is a structured, time-limited, and problem-focused intervention. It targets thought and behavior patterns and encourages learning new skills for a smooth transition back into the community
- Anger management
- Medication for mental health conditions, such as anxiety and depression, if needed
4. Case Management Services
Many juvenile justice services have a case manager to oversee and coordinate the professional services given to detainees. This manager assesses intake, identifies the teen’s needs, contacts their family, and arranges physical and mental health treatments and social welfare services. If required, they can even serve as a liaison between the family and the court. Case management services are important for making sure that detained youth get juvenile rehabilitation and mental health care during their length of stay at the facility. These stays are usually 30 days or less, but this can vary depending on the severity of the offense.
Unfortunately, access to therapy in juvenile justice settings is fairly low. Juvenile correction facilities often lack effective screening and mental health treatments. Plus, when treatment is provided, it may not be consistent in quality.
Legal Protections for Minors With Mental Illness
1. Every Student Succeeds Act (ESSA)
ESSA provides funds to correctional facilities to make sure that all detained youth get equal opportunities for learning and education, whether they have a mental health condition or not.
2. Individuals With Disabilities in Education Act (IDEA)
The IDEA ensures that all teens with disabilities get free access to an educational curriculum at all times, even during detention. This way, each teen in a facility is given an education.
3. Juvenile Justice and Delinquency Prevention Act (JJDPA)
The JJDPA directly impacts the juvenile justice system and provides legal protections for minors with mental illness. For instance, the JJDPA provides the following rights to youth in custody:
- Deinstitutionalization: Minors have the right to leave the facility after receiving adequate training and behavioral support
- Equality: No detained youth should face discrimination based on race, color, or ethnicity
- Juvenile Jail Separation: Minors should have separate spaces away from adult facilities
Alternatives to Incarceration for Mentally Ill Teens
Over the last decade, new research, tools, and programs – called “juvenile mental health diversion programs” – have evolved, providing several alternatives to incarceration for mentally ill teens. Diversion programs help keep children out of the justice system and include:
- Cognitive behavioral therapy (CBT) and mentoring: CBT helps teens develop coping skills and manage their behavioral and mental health symptoms. Several programs like ROCA engage youth living in violence-affected neighborhoods and direct them toward education and employment while providing CBT and counseling.6
- Family-focused therapy: This addresses family dynamics to identify and treat the root cause of a teen’s mental health condition and delinquency.
- Multisystemic therapy (MST) and functional family therapy (FFT): These therapies involve trained therapists who follow detailed protocols and work with family members to understand and rectify the factors driving youth toward unlawful behavior.
- Restorative justice interventions: These interventions help arrange out-of-court settlements between the accused, the victim, and their families. In these situations, families meet, discuss their child’s actions, and give them the chance to correct issues and avoid subsequent legal issues in the future.
Supporting Justice-Involved Youth Post-Detention
A coordinated approach to supporting justice-involved youth after detention, which prioritizes their mental health recovery and transition into society, is needed. Incarceration can be a life-changing experience, leaving a lasting impact on a child’s mental health. Plus, if these mental health issues aren’t addressed in a timely way, they can negatively affect a teen’s quality of life and well-being. Therefore, it’s important to provide medical care, access to mental health services, educational plans, and structured support systems to reintegrate teenagers back into school and society.
Families can also encourage teens to learn new skills and foster a network of care in society. For instance, they can participate in social welfare programs and charities.
Need Help Understanding Juvenile Mental Health Rights?
Parenting can be challenging at the best of times. Caregivers typically dedicate their lives to providing the best education, quality of life, care, and opportunities for their child. However, the ground can be pulled from under their feet when their child becomes involved in unlawful conduct and ends up in custody. On the one hand, parents may be anxious about their teen’s safe release from custody, while on the other, they might have endless fears about their future.
Mission Prep’s services are for all parents who find themselves feeling helpless about their child’s mental health and behavioral issues and are looking for a fresh start. Our team of mental health specialists can address your child’s psychological, academic, and social challenges that trigger issues such as anxiety, depression, schizophrenia, self-harm, and suicidal thoughts, which might lead to unlawful behavior.
Our adolescent mental health programs – including outpatient and residential mental health treatment – address challenges and provide sustainable solutions. We treat each teen with empathy and care during recovery to help them heal and achieve a bright future.
Call (866) 914-2637 to talk to our expert team today and get a tailored program for your child. When a child loses their way in the storm, it’s the love of a parent – and the right support system – that supports your recovery.
References
Office of Population Affairs. (n.d.). Mental health of adolescents. U.S. Department of Health and Human Services. https://opa.hhs.gov/adolescent-health/mental-health-adolescents
Duchschere, J. E., Reznik, S. J., Shanholtz, C. E., O’Hara, K. L., Gerson, N., Beck, C. J., & Lawrence, E. (2022). Addressing a mental health intervention gap in juvenile detention: a pilot study. Evidence-Based Practice in Child and Adolescent Mental Health, 8(2), 236–251. https://pmc.ncbi.nlm.nih.gov/articles/PMC10449374/
Department of Justice. (2010). Department of Justice Activities Under the Civil Rights of Institutionalized Persons Act Fiscal Year 2010. http://www.justice.gov/crt/about/spl/documents/split_cripa10.pdf
Desai, R. A., Goulet, J. L., Robbins, J., Chapman, J. F., Migdole, S. J., & Hoge, M. A. (2006, June 1). Mental health care in juvenile detention Facilities: a review. Journal of the American Academy of Psychiatry and the Law. https://jaapl.org/content/34/2/204#sec-6
Snydman, J. (2022). Unlocking futures: Youth with learning disabilities and the juvenile justice system. National Center for Learning Disabilities. https://ncld.org/wp-content/uploads/2023/08/NCLD-Unlocking-Futures-Final-7th-Dec-Updated-.pdf
Roca, Inc. (2025, February 24). Home. https://rocainc.org/
