By Dan Martinez, Research Intern
“They have me wearing this suicide tunic the first 24 hours I am in here or longer, depending. I’ve been here before, done this before, worn this before” -O.P., age 15
Kids in the juvenile justice system experience mental health problems at a disproportionate rate; It’s estimated that ⅔ of youth in detention or correctional settings have at least one diagnosable mental health problem, compared to just 9-22% of the general population. Substance use disorders and externalizing disorders (such as conduct disorders, oppositional defiant disorder, and antisocial behaviors) are among the most commonly diagnosed amongst juveniles in the justice system; unsurprising, as those same mental health issues have been shown to increase the likelihood of violence and contact with the justice system. Research shows that there is growing evidence that mental health issues are directly linked to delinquency and recidivism. In this case, juvenile delinquency is the symptom, not the problem.
This is especially concerning as individuals in the juvenile justice system experience high rates of childhood violence and sexual abuse. When asked what percentage of girls have been sexually abused before entering a residential program in California, director Dr. Les Forman responded “what percentage? Every one. All 88 girls in our custody.” This statistic is heartbreaking on its own, but even more so when you consider how that trauma is exacerbated as a result of juvenile justice system involvement.
While causation is difficult to prove empirically, there is a correlation between childhood violence, sexual abuse, and mental health disorders in kids in the justice system. Kids with post traumatic stress disorder, for example, “are liable to respond to perceived threats aggressively.” For example, a California study found that 32% of incarcerated boys in the juvenile justice system met the criteria for PTSD and also exhibited “lower levels of restraint, impulse control, and suppression of aggression.” Childhood trauma and previous sexual abuse are predictors for mental health disorders and, in turn, interactions with the justice system.
While childhood violence and resulting mental health disorders are predictors for juvenile justice system involvement, the justice system itself can exacerbate mental health problems as well. The Office of Juvenile Justice and Delinquency Prevention reports that juvenile detention facilities may negatively impact youths with mental health disorders due to lack of access to treatment and separation from support systems. In fact, incarcerated youth are two to four times greater risk for suicide than youth in the general population. Predictably, being placed in solitary confinement or restrictive housing also has the potential to worsen mental health issues.
Bearing this in mind, it’s not surprising that there’s a lack of adequate treatment for kids in the justice system. In fact, only a fraction in need of mental health treatment can actually access those services due to a lack of referrals. This is often due to a lack of screening upon intake at the facility; a 2014 juvenile residential facility census found that only 58% [of facilities] screen every kid for mental health issues upon arrival at the facility. Further, despite the pervasiveness of substance abuse, 42% of youth residing in juvenile corrections facilities do not receive any substance abuse treatment.
“42% of youth residing in juvenile corrections facilities do not receive any substance abuse treatment.”
If so many incarcerated kids are victims of trauma and abuse, experiencing mental illness and addiction at disproportionate rates, why does our system so often respond with punishment rather than treatment? Confinement rather than compassion? If delinquency is the symptom rather than the disease itself, why does the current system further subjugate vulnerable individuals rather than treating the root causes of their behavior?
Well, it seems that our society’s reliance on corrections rather than community support is largely to blame. Mental health resources are limited; by putting so much of those resources into juvenile justice programs, we must rely on the juvenile justice system to treat mental health issues. Even so, kids in the justice system still aren’t getting the critical care they need. As a result, those mental health and behavioral issues are criminalized, and vulnerable kids are often placed in the most restrictive form of care to obtain resources rather than being referred to community mental health services because, well, there aren’t any.
Instead, we as a society should reinvest in community mental health services as a front line defense to reduce initial involvement with the justice system and future recidivism. In juvenile sentencing decisions, mental illness, trauma, and substance use should be taken into consideration. All juvenile facilities should screen kids for mental health issues so their treatment needs can be met and they can receive the support they need to succeed. This will prevent further trauma, worse mental health outcomes, and separation from support systems. Most of all, it will ensure that kids are treated with compassion rather than confinement.