Page 27 - Juvenile Practice is not Child's Play

What to do if You Suspect Your Client May Have a Mental Health Disorder

1. Ask both broad and narrow questions. Young people may not see the “big picture” when you interview
them and often will not volunteer important related information simply because it was not requested. (This

may be especially true when there is a mental health disorder at play. So, for example, you may want to ask not
only ‘What happened?” but also “Did anything else happen?”)

2. Slow down and order an evaluation if appropriate. You may miss important symptoms and clues if

you do not spend a good amount of time talking with your client and gathering information from parents.
Cultural differences sometimes unintentionally lead to misidentifications of symptoms. A careful review of
the youth’s social history is important. If you have any reason to believe that your client is incompetent, order
an evaluation. If competence is not an issue in the case, but you have a reason to believe that your child has a

mental health issue, you may or may not want to order an evaluation (See Evaluations and Evaluators).

3. Be patient and let your client know that you are on their side. Lawyers and court officials often
miss clues of mental health disorders in children, chalking up aggressive or oppositional behavior to antics of
a “bad” kid. Do not just disregard your client as a “bad apple.” If your client has a mental health disorder, or

substance abuse disorder, they may be irritated, belligerent, or see you as a threat. Some of your client’s actions,
reactions, and mannerisms may be irritating. Try to respond with patience.

4. Visit parents, guardians, family, and teachers. Unlike adults, your youth client may not have a mental
health records because their mental health issues may be very recent or neglected. In addition, children and

families may have been reluctant to access mental health authorities because of perceived stigma associated
with mental health disorder labels. You may have to gather your information by asking pointed questions of

parents, guardians, family, and teachers, including:
• Has there been a sudden change in the child’s behavior?
• Is this the child’s first offense?
• Has the child recently started using drugs or alcohol?
• Has the child fallen in with a bad peer group?

• Has the child’s grades dropped or have they stopped doing homework or been truant?
• Has the child ever appeared in JP court?
• Have there been any recent traumatic events in the child’s life?

5. If a mental health record is indicated, collect the appropriate documentation, such as:
• Family records;

• School records;
• Hospitalization records;