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ERIC EJ815078: Adolescent Offenders with Mental Disorders PDF

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by  ERIC
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Adolescent Offenders with Mental Disorders Adolescent Offenders with Mental Disorders Thomas Grisso Summary Thomas Grisso points out that youth with mental disorders make up a significant subgroup of youth who appear in U.S. juvenile courts. And he notes that juvenile justice systems today are struggling to determine how best to respond to those youths’ needs, both to safeguard their own welfare and to reduce re-offending and its consequences for the community. In this article, Grisso examines research and clinical evidence that may help in shaping a public policy that addresses that question. Clinical science, says Grisso, offers a perspective that explains why the symptoms of mental disorders in adolescence can increase the risk of impulsive and aggressive behaviors. Research on delinquent populations suggests that youth with mental disorders are, indeed, at increased risk for engaging in behaviors that bring them to the attention of the juvenile justice system. Nevertheless, evidence indicates that most youth arrested for delinquencies do not have serious mental disorders. Grisso explains that a number of social phenomena of the past decade, such as changes in juve- nile law and deficiencies in the child mental health system, appear to have been responsible for bringing far more youth with mental disorders into the juvenile justice system. Research shows that almost two-thirds of youth in juvenile justice detention centers and correctional facilities today meet criteria for one or more mental disorders. Calls for a greater emphasis on mental health treatment services in juvenile justice, however, may not be the best answer. Increasing such services in juvenile justice could simply mean that youth would need to be arrested in order to get mental health services. Moreover, many of the most effective treatment methods work best when applied in the community, while youth are with their families rather than removed from them. A more promising approach, argues Grisso, could be to develop community systems of care that create a network of services cutting across public child welfare agency boundaries. This would allow the juvenile justice system to play a more focused and limited treatment role. This role would include emergency mental health services for youth in its custody and more substan- tial mental health care only for the smaller share of youth who cannot be treated safely in the community. www.futureofchildren.org Thomas Grisso is a professor of psychiatry (clinical psychology) at the University of Massachusetts Medical School. VOL. 18 / NO. 2 / FALL 2008 143 Thomas Grisso When adolescents face to protect youth in its custody, to protect the problems affecting their community, and to engage in interventions welfare, most communi- that reduce crime. The purpose of the men- ties in the United States tal health system is to treat mental disorders. have available at least What, then, is the appropriate public service four public systems with which to respond in response for youth with serious mental dis- the interests of society, families, and youth. orders who engage in troubling offenses that These four systems specialize in education, threaten the community? child protection, juvenile justice, and mental health. Like a mall’s storefronts, each offers a In this article, I examine research and clinical somewhat different type of product. Each of evidence that may help in shaping a public the four storefronts has its own door through policy that addresses that question. The first which community members can pass when step in crafting such a policy is to determine they have determined that an adolescent’s how and to what extent delinquency and needs fit the professions, skills, and objectives mental disorders co-occur. In the first two of the personnel and products within. sections of the following review I address this question from two perspectives. From a clini- In recent years, however, communities have cal perspective, I first examine how symptoms begun to recognize that this model of service of adolescent mental disorders are related to delivery for adolescents—so logical in its aggression. And then from an epidemiologi- organization around specific types of prob- cal perspective, I consider the proportion lems and services—is not consistent with the of youth with mental disorders who offend, nature of adolescents’ needs. The problems the proportion of young offenders who have in which the separate systems specialize— mental disorders, and the prevalence of men- learning problems, parental neglect, delin- tal disorders among youth in juvenile justice quent behavior, and mental disorders—are facilities. not like medical problems of teeth, eyes, bones, and skin, each of which arises inde- The heavy presence of youth with mental pendent of the other. Hundreds of thousands disorders in the juvenile justice system might of youth need the services of all four of these suggest that the solution is simply to improve public systems at once, often because their the way the system provides mental health problems have interrelated causes. Commu- services to those in its custody. But entertain- nities whose policies organize behavioral and ing this notion requires carefully considering social services for youth according to the advantages and disadvantages of assigning a specialty-store logic often have difficulty addressing this reality. The storefronts them- the task of treatment to the system’s juvenile selves do not face each other and often do pretrial detention centers and correctional not even recognize that they are serving the facilities. What is known about the value of same customers. clinical treatment for reducing future delin- quency? What is known about its value when Nowhere has this difficulty been more evident delivered to youth in juvenile justice custody? in recent years than in society’s responses to What legal and practical consequences need delinquent youth with mental disorders. The to be considered regarding delivery of treat- purposes of the juvenile justice system are ment in juvenile justice settings? 144 THE FUTURE OF CHILDREN Adolescent Offenders with Mental Disorders Based on existing knowledge, what recom- of the criteria for diagnosing depression in mendations can be offered for developing a youth.6 That depressed youth are often sullen community response to youthful offenders and belligerent, rather than simply sad, has a with mental disorders? What could be the number of implications for aggression in meaningful roles for various child welfare social situations. The irritable mood of such agencies, and what role could the juvenile youth increases the likelihood that they will justice system best play within that context? provoke angry responses from other youth (and adults), thus augmenting the risk of The Clinical Relation between events that escalate to physical aggression and Mental Disorders and Aggression result in arrests. When these youth are in A number of comprehensive studies, re- custody in juvenile justice facilities, their viewed later, indicate that certain types of mood disorder may increase the risk of mental disorders are common among youth altercations with other youth. In addition, the who are arrested for delinquencies.1 Indeed, connection between anger and depression can many of the symptoms of these disorders be directed toward themselves, so that they themselves increase the risk of aggression present an increased risk of engaging in and, therefore, the risk of behavior for which self-injurious behaviors, including suicide. youth are arrested and receive delinquency charges.2 But the picture that emerges from this research is complex, with some disorders A number of comprehensive decreasing the risk and others increasing it studies, reviewed later, only in combination with other disorders. The following review captures the broader picture indicate that certain types of what is known. Recent comprehensive of mental disorders are reviews of the relation of mental disorder and aggression are available to provide greater common among youth detail.3 who are arrested for Risk of Aggression and Specific Disorders delinquencies. Research has thoroughly documented an increased tendency toward anger, irritability, and hostility among youth with affective Anxiety disorders in children and adolescents (mood) disorders.4 Such disorders, mostly usually involve fearfulness and a tendency various forms of clinical depression, are found to be withdrawn and to avoid confrontation. in about 10 to 25 percent of youth in juvenile Many studies show that youth with anxiety justice settings.5 Someone not familiar with disorders are less aggressive than the aver- childhood depression may consider this age for their peers.7 The exception is youth association odd, since depressed adults with posttraumatic stress disorder (PTSD), frequently appear sad and withdrawn, not who are susceptible to responding to threats angry. But so common is irritability and aggressively and unexpectedly.8 Youth with hostility among youth with depressive disor- PTSD and conduct disorder (a disorder char- ders that the formal psychiatric definition of acterized by antisocial tendencies) have been childhood depression allows “irritable mood” found to be more impulsive and aggressive to be substituted for “depressed mood” as one than youth with conduct disorder alone.9 VOL. 18 / NO. 2 / FALL 2008 145 Thomas Grisso Psychotic disorders such as schizophrenia Finally, there is substantial evidence for a are fairly rare before early adulthood and are relation between substance use disorders and not often seen in juvenile justice settings. delinquent behavior, as well as continued Nevertheless, some youth have psychotic- aggression among substance-abusing youth like symptoms, possibly as early forms of the with conduct disorder as they transition disorder, that include thought disturbances to adulthood.14 For example, in one study, —that is, unusual and sometimes bizarre substance use disorders were found in 40 to interpretations of events. The evidence that 50 percent of delinquent youth but only 15 percent of nondelinquent youth.15 Substance youth with “evolving” psychotic disorders use disorder also has implications for the pro- present a greater threat of aggression than tection of youth in juvenile justice custody, other youth is quite weak.10 But when youth because youth entering juvenile detention with psychotic features engage in serious facilities straight off the street may engage in delinquencies, one frequently finds that their aggressive and self-injurious behaviors arising disturbed thought has played a role in their in the context of withdrawal symptoms. aggression. In contrast, the evidence is quite clear that youth with disruptive behavior disorders, Many specific mental such as conduct disorder (CD) and attention- disorders and their co- deficit hyperactivity disorder (ADHD), manifest substantially increased rates of morbidity increase the risk physically aggressive behavior.11 This finding is of aggression because their not surprising, given the features of these disorders. Aggressive and delinquent behav- emotional symptoms (such iors are part of the criteria for obtaining a CD as anger) and self-regulatory diagnosis, and ADHD is diagnosed in part by impulsiveness, which can often lead a youth to symptoms (such as impulsive- respond to emotional situations without ness) themselves increase the pausing to consider the consequences. We cannot simply dismiss conduct disorder as risk of aggression. “not really a mental disorder, but merely bad character,” because there is considerable evidence that the great majority of youth in Complex Clinical Factors and Aggression the juvenile justice system diagnosed with CD In considering the relation of aggression to also meet diagnostic criteria for other clinical symptoms in each of these disorders, it is disorders.12 Conduct disorder and ADHD also important to recognize that not all youth with are important to consider because of their a given diagnosis are identical. Among those longer-range implications for criminal behav- who meet criteria for a disorder, some may ior. While only about one-third of adolescents experience their symptoms more severely with CD eventually develop antisocial person- than others. Youth may also vary in their ality disorder in adulthood, about two-thirds capacities to cope with their symptoms. have nonviolent or violent offense records Some have the disorder persistently across a as adults.13 significant period of time, while others meet 146 THE FUTURE OF CHILDREN Adolescent Offenders with Mental Disorders criteria for the disorder for only a short time. The second type of clinical complexity with Among the latter, some will have recurring implications for policy and practice involves episodes of the disorder, while others will a class of youth often called “seriously experience only one episode. Because of emotionally disturbed.” Such youth have these complex individual differences, merely multiple mental disorders, manifested from knowing a youth’s diagnosis does not tell us before adolescence, that persist throughout everything we need to know about the risk of their adolescence and into adulthood. They aggression in individual cases. account for a relatively small proportion of youth in the community with mental disor- Two other complexities of child disorders ders (estimated at 10 percent). But the extent have significant implications for policy and of their disabilities is such that they consume nearly half of the community’s mental health practice. The first is co-morbidity, or the resources.20 Almost all of them have juvenile presence of more than one mental disorder, justice contact during their adolescence, which is very common among adolescents and a majority continues to have criminal with mental disorders.16 Among youth in justice contact—for both minor and serious juvenile justice facilities who meet criteria for offenses—as they transition into adulthood.21 having any mental disorder, about two-thirds They have been estimated to account for meet criteria for two or more disorders.17 about 15 to 20 percent of youth in juvenile justice facilities.22 Seriously emotionally Research has underscored the importance disturbed youth typically have acquired a of co-morbidity for understanding the rela- significant number of diagnoses consecutively tion between adolescents’ mental disorders or together in adolescence. and their aggressive behaviors. For example, many disorders that offer only a modestly In summary, research confirms that many increased risk of aggression appear to aug- specific mental disorders and their co- ment the risk when they are found in com- morbidity increase the risk of aggression bination with other disorders. Co-morbidity because their emotional symptoms (such as of CD and ADHD has been identified as anger) and self-regulatory symptoms (such as increasing the likelihood of chronic and impulsiveness) themselves increase the risk of repeated offending during adolescence.18 aggression. The increased risk of aggression, Co-morbidity recently was examined in a in turn, increases the risk that youth with study addressing how mental disorders in these symptoms will be arrested, charged, adolescence relate to later offending in young and convicted of delinquencies and may have adulthood.19 Depression or anxiety (and even continued criminal justice contact as they the two together) during adolescence only move into adulthood. slightly increased the odds of adult offending, and adolescent substance use disorder had a What is not clear from the clinical research modestly greater relation to adult offending. itself is how much the mental disorders of But either depression or anxiety in combina- adolescents contribute to a community’s tion with substance use disorder during ado- delinquency or to the burden on its juvenile lescence greatly increased the odds of serious justice system and other child welfare agen- and violent adult offending and was far more cies. Answering this question requires exam- predictive than substance use alone. ining a different type of research, focused on VOL. 18 / NO. 2 / FALL 2008 147 Thomas Grisso the prevalence of mental disorders among and youth in contact with the community’s delinquent youth. juvenile court.23 These studies are few in number, but they have found that the risk of The Prevalence of Mental Disorders juvenile court involvement among a commu- among Adolescent Offenders nity’s young mental health clients is substan- Two kinds of studies address questions about tial. For example, a study in one city found the social consequences of the links between that adolescents in contact with the commu- mental disorders and delinquency. One type nity’s mental health system during a nine- examines the degree of “overlap” between a month period were two to three times more community’s population of youth with mental likely to have a referral to the juvenile justice disorders and its population of youthful system during that period than were youth in offenders. Knowing this overlap gives some the city’s general population.24 Youth in contact notion of the risk of official delinquency for with a mental health system’s services, how- youth with mental disorders and the degree ever, are not the sum of a community’s youth to which mental disorders of youth contribute with mental health needs because many to a community’s overall delinquency. The receive no services. The results of the study second type of study examines the propor- above probably represent the proportion of tion of youth with mental disorders within more seriously disturbed youth who have juvenile justice facilities or programs. These juvenile justice contact. Even so, merely studies provide information with which to knowing that youth “have contact” with the formulate policy about treating and manag- juvenile justice system tells us little about their ing youth with mental disorders in juvenile offenses or even whether they offended at all. justice custody. Very few studies have used samples that It is important to recognize that these two make it possible to identify both the propor- types of research begin with very different tion of delinquent youth in a community who populations, even though they both address have mental disorders and the proportion of the relation between mental disorder and youth with mental disorders who have been delinquency. The first typically focuses on all delinquent. The few that have, however, are delinquent youth in the community, while large studies with careful designs. the second examines only delinquent youth placed in juvenile pretrial detention centers One examined a community population when they are arrested or in juvenile cor- (drawn from several cities) that identified rectional facilities when they are adjudicated. youth with persistent serious delinquency This distinction is further complicated, as (repeat offending) and youth with persistent discussed later, by the fact that not all youth mental health problems (manifested multiple in juvenile justice facilities are necessarily times).25 About 30 percent of youth with per- delinquent. sistent mental health problems were persis- tently delinquent. But among all persistently Epidemiologic Studies of Mental delinquent youth, only about 15 percent had Disorder and Delinquency persistent mental health problems. Some studies have identified a significant overlap between the populations of youth Another recent study examined the relation served by community mental health agencies between mental disorders during adolescence 148 THE FUTURE OF CHILDREN Adolescent Offenders with Mental Disorders and criminal behavior when those youth although the share is somewhat dispropor- became adults.26 Delinquencies and adult tionately greater than their prevalence in the criminal arrests were recorded for a sample general community. If those youth received of youth in a large geographic region aged treatment that reduced their delinquency, it nine through twenty-one. The youth were is possible that overall rates of delinquency in also assessed for mental disorders three times the community would fall somewhat, but the between the ages of nine and sixteen. A diag- majority of delinquencies are not related to nosis at any one of these three points identi- mental disorders. fied the youth as having a mental disorder “sometime during childhood or adolescence.” Third, rates of delinquency are higher among youth with certain types of emotional disor- In this study, youth who were arrested ders—for example, depression or anxiety between the ages of sixteen and twenty-one co-morbid with substance use disorders— included a considerably greater share of youth and among youth with chronic and multiple who had had mental disorders in adolescence disorders (seriously emotionally disturbed than those who were not arrested—for males, youth). Finally, a few studies have suggested 51 percent as against 33 percent. This finding that youth with mental disorders make up a does not mean that 51 percent of the arrested somewhat greater proportion (although still a group had mental disorders at the time of minority) of youth who were arrested for more their arrest, but that they had had a mental serious and violent delinquencies or crimes.27 disorder sometime in adolescence. It also does not mean that the majority of youth who Mental Disorder in Juvenile had mental disorders in adolescence were Justice Settings arrested in adulthood. A different statistical Research on the subset of delinquent youth procedure in this study, called “population who enter juvenile pretrial detention cen- attributable risk,” addressed that question. ters and correctional programs cannot tell It showed that the risk of adult arrest among us the relation between mental disorder and individuals who had mental disorders at some delinquency, because most youth who engage time during adolescence was about 21 percent in delinquencies are not placed in secure for women and 15 percent for men. juvenile justice programs. Such studies, however, are extremely important for public These few studies suggest the following policy, because they identify the scope and conclusions, all of which need further con- nature of mental disorder among youth for firmation. First, consistent with the clinical whom the juvenile justice system has custo- research reviewed earlier, youth who have dial responsibility. mental disorders are at greater risk of engag- ing in offenses than youth without mental Until recently the precise prevalence of disorders. It is possible that treating their mental disorders among youth in juvenile disorders would reduce that risk. But most justice custody was unknown. Estimates youth with mental disorders do not engage varied widely from study to study, largely in offenses that involve them in juvenile or because of inadequate research methods or criminal justice systems. Second, youth with differences from one study site to another.28 mental disorders represent only a minority of In the past decade, however, well-designed all youth who engage in delinquent behavior, studies executed in a variety of sites have VOL. 18 / NO. 2 / FALL 2008 149 Thomas Grisso provided a reliable and consistent picture. response to mental disorders among youth in Those studies have found that among youth its custody. The high prevalence of mental in various types of juvenile justice settings— disorder in juvenile justice facilities does not for example, pretrial detention centers where necessarily define the need for treatment. youth are taken soon after arrest—about Some youth who meet criteria for mental one-half to two-thirds meet criteria for one or disorders are experiencing their disorders more mental disorders.29 The prevalence of temporarily and need only emergency mental disorders is much higher in juvenile services, while a smaller share—about one in justice settings than it is among youth in the ten—represents a core group of youth with U.S. general population, which is about 15 to chronic mental illness who can be expected to 25 percent.30 continue to need clinical services into adult- hood.34 Some are functioning fairly well despite their symptoms, while others are During the 1990s, most states barely able to function at all. And some have saw a reduction in the mental health needs, such as learning disabili- ties, that were not even included in the recent availability of public mental studies of prevalence among youth in juvenile health services for children. justice settings. Many communities began Reasons for the High Prevalence using the juvenile justice of Mental Disorders in Juvenile system to try to fill the Justice Programs Why are mental disorders so prevalent among gap caused by decreased adolescent offenders in juvenile justice availability of mental settings? Three perspectives—clinical, socio-legal, and inter-systemic—help to health services. explain. They are not competing explanations. All probably play a role, and no evidence Across these studies, the rate is higher for suggests that one is more important than girls than for boys.31 The overall prevalence the others. rate does not vary greatly between younger and older adolescents or for youth with vari- From a clinical perspective, it is likely that ous ethnic and racial characteristics, although the same symptoms of mental disorder that age and race differences are sometimes found increase the risk of aggression also increase for specific types of disorders and symptoms.32 the likelihood that youth will be placed in As described in the earlier clinical review, secure juvenile justice facilities for any about two-thirds of youth in juvenile justice significant period of time. When police custody who meet criteria for a mental dis- officers arrest youth, usually those youth are order (that is, about one-third to one-half of not placed in pretrial detention. Nor is youth in custody) meet criteria for more than detention reserved for the most serious one disorder.33 offenders—in fact, youth arrested for very violent offenses typically do not make up the I will focus later on the implications of these majority of youth in detention. Those youth statistics for the juvenile justice system’s best who are detained more than a few hours are 150 THE FUTURE OF CHILDREN Adolescent Offenders with Mental Disorders those who have been more unruly or unman- in secure juvenile facilities, thus reducing the ageable at the time of their arrest, which likelihood that youth could receive mental satisfies detention criteria regarding a risk health services in the community after their that they will be endangered, or might adjudication. An unintended consequence of endanger others, if not detained. these changes in law, therefore, was an increase in the share of youth with mental Youth with mental disorders frequently have disorders coming into the system rather than symptoms involving impulsiveness, anger, being diverted on the basis of the juvenile and cognitive confusion that can make them court’s discretion. less manageable and a greater risk to them- selves or others, especially under the stress A final, inter-systemic, explanation involves associated with their offense and arrest. Thus, the dynamic relation between systems that among youth who are detained, a significant serve youth. During the 1990s, most states share is likely to have mental disorders that saw a reduction in the availability of public create unmanageable behavior—more so mental health services for children, especially than for youth without mental disorders and inpatient services.36 It is possible that less more so than their peers with less severe adequate treatment contributed to increased mental disorders. This likelihood makes it delinquencies among youth with mental no surprise that youth with mental disorders disorders. But it is certain that many commu- contribute disproportionately to detention nities began using the juvenile justice system populations. to try to fill the gap caused by decreased availability of mental health services. From a socio-legal perspective, recent changes in laws applied to youths’ delinquen- This phenomenon was documented in media cies may have increased the likelihood that articles, the observations of juvenile justice youth with mental disorders will enter the personnel, and government reports beginning juvenile justice system. Before the 1990s, law in the mid-1990s and continuing into the enforcement officers, juvenile probation early 2000s.37 Some parents of children with departments, prosecutors, and judges serious mental disorders began urging police typically had some discretion regarding to arrest their children, knowing that courts whether they would arrest or prosecute youth could “order” mental health services that with mental disorders when they engaged in were becoming nearly impossible for parents illegal behaviors, especially if those behaviors to get on their own. Soon the local juvenile involved minor offenses committed by pretrial detention center was becoming the younger adolescents without offense histo- community’s de facto mental health center ries. But a wave of serious juvenile violence that provided emergency mental health during the late 1980s caused virtually all services or simply acted as a holding place states to revise their juvenile justice statutes for seriously disturbed youth who had no- during the 1990s to rein in this discretion.35 where to go. Under the new laws, certain charges or offenses required legal responses based on In summary, these three factors—clinical, the nature of the offense alone, not the socio-legal, and inter-systemic—may together characteristics or needs of the individual produce a prevalence of mental disorder youth. Penalties more often involved custody in juvenile justice settings that does not VOL. 18 / NO. 2 / FALL 2008 151 Thomas Grisso represent the actual relation between adoles- treatment for mental disorders will reduce cent mental disorder and delinquency. That delinquency. Then I consider how well high prevalence does, however, represent juvenile justice can manage that treatment. a demand on the juvenile justice system to Finally I look at the evidence for broader respond to youth in custody who have mental community-based alternative treatment disorders, and the demand is almost over- strategies. whelming. Some of those youth are in secure custody because they have committed serious This discussion presumes two things about crimes, others because the legal system has the purposes of public child welfare agencies. widened the door to juvenile justice process- First, all such agencies, including the juvenile ing, and many because their symptoms make justice system, are responsible for dealing them difficult to handle and they have no with mental health crises of youth who are place else to go. in their custody. Mental health agencies are responsible specifically for meeting the The problem requires a solution, and the mental health needs of youth, but all agencies multiple causes of the problem as well as the must respond to acute needs that threaten various types of youth involved suggest that youths’ safety. Second, all public child welfare the solution will be complex. What have clini- agencies are responsible for reducing delin- cians and researchers learned that can help quency, but that is the primary mandate for us determine the appropriate response?38 the juvenile justice system, consistent with its responsibilities for community safety. This A Community Response mandate will come to bear especially when Typically, the call for a response to the needs community safety would be increased by of youth in juvenile justice with mental treatment of mental disorders among youth disorders focuses on “more treatment.” Yet who have been identified as delinquent. treatment often is left undefined. Moreover, the need for “more treatment” often has been The Values and Limits of presumed to refer to the need for more Clinical Treatment services within the juvenile justice system. Ample research evidence attests to the ben- Research evidence, however, suggests the efits of treatment for youth in acute distress need both to define carefully what is meant because of mental disorders. Among the most by treatment and to avoid depending on the common and effective treatments are profes- juvenile justice system to respond to the sional clinical care, psychopharmacological broader question of adolescent mental intervention when necessary, and structuring disorders and crime. Certainly the juvenile the environment to protect the youth and to justice system has a treatment responsibility reduce stress during a crisis. for youth in its care. But research and current logic suggest that this role should be focused, The literature on the effectiveness of psy- limited, and based on collaboration with the chopharmacological options for treating broader community in meeting that mental disorders in adolescents is remarkably responsibility. mixed, depending on the specific disorder.39 There is no doubt that youth with some types Before explaining those conclusions, I first of mental disorders can benefit from certain examine evidence regarding whether medications. But studies that test the effects 152 THE FUTURE OF CHILDREN

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