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ModelsforChange Systems Reform in Juvenile Justice Competence to Stand Trial in Juvenile Delinquency Proceedings Tuesday, September 3, 2013 2:00-3:00 p.m.

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Presentation on theme: "ModelsforChange Systems Reform in Juvenile Justice Competence to Stand Trial in Juvenile Delinquency Proceedings Tuesday, September 3, 2013 2:00-3:00 p.m."— Presentation transcript:

1 ModelsforChange Systems Reform in Juvenile Justice Competence to Stand Trial in Juvenile Delinquency Proceedings Tuesday, September 3, :00-3:00 p.m. EST Photo: Jen Pagonis (_pidge)Jen Pagonis (_pidge) Kimberly Larson, J.D., Ph.D. University of Massachusetts Medical School Michelle Weemhoff, M.S.W. Michigan Council on Crime and Delinquency

2 ModelsforChange Systems Reform in Juvenile Justice Leads a national movement State-based juvenile justice coalitions and organizations (43 members in 33 states) Laws, policies and practices that are fair, equitable and developmentally appropriate for all children, youth and families Photo: MorizaMoriza

3 ModelsforChange Systems Reform in Juvenile Justice Kimberly Larson, J.D., Ph.D. University of Massachusetts Medical School Our Speakers Michelle Weemhoff, M.S.W. Michigan Council on Crime and Delinquency

4 ModelsforChange Systems Reform in Juvenile Justice Competence to Stand Trial in Juvenile Delinquency Proceedings Kimberly Larson, J.D., Ph.D. University of Massachusetts Medical School Michelle Weemhoff, M.S.W. Michigan Council on Crime and Delinquency September 3, 2013

5 ModelsforChange Systems Reform in Juvenile Justice Agenda I.Competence to Stand Trial (brief general overview) II.Juvenile Competence to Stand Trial (JCST) III.Overview of Research on JCST IV.National Trends & Legislative Issues V.Considerations for Advocates

6 ModelsforChange Systems Reform in Juvenile Justice CST Basics: Dusky Standard A defendant must have: …sufficient present ability to consult with his attorney with a reasonable degree of rational understanding.. …and a rational as well as factual understanding of the proceedings against him (Dusky v. U.S, 1960)

7 ModelsforChange Systems Reform in Juvenile Justice Defining CST What Competence Is: Breaking down Dusky –3 prongs of Dusky standard –Functional Abilities –Traditional Predicates –Note: CST is a decision made by the judge with the clinicians input.

8 ModelsforChange Systems Reform in Juvenile Justice What Competence is Not –Ex: Mental Illness IST –Difference between CST & criminal responsibility

9 ModelsforChange Systems Reform in Juvenile Justice Whats Different When Applied to Juveniles? Reasons why some adolescents might have deficits that impair competence…. Same as in adults…. –Intellectual disabilities –Mental disorders (but somewhat different disorders) Different from adults…. –Developmentally less capable Even without disorders, greater risk of incompetence And with disorders, more vulnerable

10 ModelsforChange Systems Reform in Juvenile Justice Evidence About Youths Abilities relevant for Competency to Stand Trial MacArthur Juvenile Competence Study (2003) About 15% of adults were seriously impaired on competence measures used by forensic examiners For adolescents…. –About the same (15%) for year olds –About 25% of year olds –About 40% of year olds –And about 55% of 11-13s with low IQs

11 ModelsforChange Systems Reform in Juvenile Justice National Trends Many states are now creating juvenile specific legislation for CST Michigan is in line with this trend

12 ModelsforChange Systems Reform in Juvenile Justice Important Issues to be Resolved Issue #1 - Is there an age when competence should be presumed?

13 13 Age of Presumed Incompetency In Michigan, a juvenile 10 years of age or older is presumed competent to proceed unless the issue of competency is raised by a party. A juvenile less than 10 years of age is presumed incompetent to proceed.

14 ModelsforChange Systems Reform in Juvenile Justice Important Issues to be Resolved: Issue #2 –Who should conduct JCST evaluations Being a licensed psychologist or psychiatrist not enough Examiner must be specialized in child/adolescent forensic evaluations

15 15 Qualified Examiners Qualified forensic mental health examiner means 1 of the following who performs forensic juvenile competency examinations but does not exceed the scope of his or her practice as authorized by state law: (1) A psychiatrist or psychologist who possesses experience or training in the following…

16 16 Required Training & Experience (i) Forensic evaluation procedures for juveniles. (ii) Evaluation, diagnosis, and treatment of children and adolescents with emotional disturbance, mental illness, or developmental disabilities. (iii) Clinical understanding of child and adolescent development. (iv) Familiarity with competency standards in this state.

17 17 Qualified Examiners (2) Beginning 18 months after the effective date of the amendatory act that added this section, a mental health professional other than a psychiatrist or psychologist who has completed a juvenile competency training program for forensic mental health examiners that is endorsed by the Department AND who possesses experience or training in ALL of the following…

18 18 Court Determines Expert Witness The court has the final determination of an expert witness serving as a qualified forensic mental health examiner. The qualified forensic mental health examiner appointed by the court shall be allowed reasonable fees for services rendered.

19 ModelsforChange Systems Reform in Juvenile Justice Important Issues to be Resolved: Issue #3 - What should a CST evaluation / report contain?

20 20 Written Report The qualified forensic mental health examiner shall submit a written report to the court not later than 30 days from receipt of the court order The evaluation shall be based on the Juvenile Adjudicative Competence Interview (JACI) or another interview method approved by the court

21 21 Report Must Contain… A description of the nature, content, and extent of the examination; A clinical assessment; Description of abilities and deficits in the mental competency functions related to the juveniles competence to proceed

22 22 Report to Court The qualified forensic mental health examiner shall provide the court with an opinion about the juveniles competency to proceed. Report must comment on the nature of any psychiatric or psychological disorder or cognitive impairment, the prognosis, and the services needed and expertise required to restore the juvenile to competency

23 23 Information to Examiner The court shall order the prosecuting attorney to provide to the juveniles attorney all information related to competency The court shall order the prosecuting attorney and juveniles attorney to submit relevant information about the offense and juveniles background with 10 days. Except as prohibited by federal law, the court shall require the juveniles attorney to provide available records, including: (a) Psychiatric records. (b) School records. (c) Medical records. (d) Child protective services records.

24 24 Information to Examiner The requirement to provide records or information does not limit, waive, or abrogate the work product doctrine or the attorney-client privilege, and Release of records and information is subject to the work product doctrine and the attorney-client privilege. Within 5 working days, copies of the written report shall be provided by the court to the juveniles attorney, the prosecuting attorney, and any guardian ad litem.

25 ModelsforChange Systems Reform in Juvenile Justice Important Issues to be Resolved: Issue #4 - What is Restoration / Remediation? - What are some of the differences in applying this concept to youth?

26 26 Restoration The court may issue a restoration order that is valid for 60 days (with one possible 60-day extension). The qualified restoration provider shall submit a report to the court and the qualified forensic mental health examiner every 30 days, or sooner if: (i) The qualified restoration provider determines that the juvenile is no longer incompetent to proceed. (ii) The qualified restoration provider determines that there is no substantial probability that the juvenile will be competent to proceed.

27 27 Incompetent, unable to be Restored Determine custody of the juvenile as follows: (i) The court may direct that civil commitment proceedings be initiated, as allowed under the Mental Health Code, OR (ii) the juvenile shall be released to the juveniles parent, legal guardian, or legal custodian under conditions considered appropriate to the court. (b) Dismiss the charges against the juvenile.

28 28 Unable to be restored due to SED If a youth in incompetent and unable to be restored due to a serious emotional disturbance, the court may in its discretion, order that mental health services. The court shall retain jurisdiction over the juvenile throughout the duration of the order. The entity ordered to provide mental health services shall continue to provide services for the duration of the period of treatment ordered by the court.

29 29 Considerations for Advocates Clarify the issue Compile cross-state research Compile in-state research Partner with key stakeholders Develop implementation plan

30 30 Clarify the Issue Emphasize that this is a constitutional issue Difference between competency and criminal responsibility Difference between competency and mental health Different standard between youth in juvenile system and youth in adult system

31 31 Compile cross-state research Grid that compares statutes from all other states to assess how your state compares Compile data from states with successful programs # found incompetent and reason # successfully restored Increases and level off after implementation

32 32 Compile in-state data # of competency evaluations by county # of youth by age (particularly under 10) Description of your system (state evaluators, court clinic, privately contracted evaluators)

33 33 Partner with key stakeholders Champion legislators Judges Prosecutors Defense attorneys Dept of Community Health Forensic clinicians Mental health associations

34 34 Understand opposition Costs (of great concern to county assoc.) Presumed age is too high/too low Scope of practice among evaluators but these kids need services available from the court…

35 35 Create implementation plan Who will educate/train on the new law? Which agency is going to monitor quality of evals and provide ongoing training to clinicians and restoration providers? What infrastructure exists for restoration? Address costs

36 ModelsforChange Systems Reform in Juvenile Justice Questions or Comments Kimberly Larson (508) Michelle Weemhoff (517)


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