Page 28 - Juvenile Practice is not Child's Play

• Medical records from doctors or clinics;

• Child Protective Service records;
• Intake records;
• Probation records from the probation officer who may have supervised your client in a previous case;

and/or
• Results of any psychological screenings. Almost all detention facilities in Texas are now administering
the MAYSI II (Massachusetts Youth Screening Inventory II) to gauge whether children entering the
facility have signs of emotional disturbance. Some counties are administering the Diagnostic

Interview Schedule for Children, or DISC IV. to youth entering detention. This instrument actually
gives children a provisional diagnosis if symptoms are present and can indicate a need for further
evaluation by a qualified mental health professional. After its initial screening, probation may

determine that your client needs further evaluation and assessment. If probation does not have access
to a mental health professional to conduct it, a referral will be made to your local mental health agency.
Be sure that you get the results of all testing done on your client.

6. Encourage your client to be honest and forthcoming with you. Many adolescents value loyalty above

almost anything else. Emphasize to your client that you are their ally in the process and that you will be
representing them, and no one else, in the process. Your client may be more forthcoming if they feel that you
are on their side.

7. Do not speak about mental health disorders in a disparaging or derogatory manner. Adolescents

may not be aware or may not be willing to acknowledge they have a mental health disorder. The same is true
of their parents. Do not add to your client’s feelings of helplessness, embarrassment, or shame about any mental
health issues. Speak frankly about the problems, but never use slang to discuss them.

Evaluations and Evaluators

1. You may not always want to order an evaluation. Certain mental health diagnoses can have a

prejudicial effect on judges or juries. Disorders considered “untreatable” by some may be used by prosecutors
and/or probation officers to argue for commitment to TJJD, determinate sentencing, or transfer to adult court.
In these situations, the argument may be made that rehabilitation is not possible. Remember, if you think your

client is incompetent to proceed, you should order an evaluation. If you decide to get an evaluation, you should
always keep all of the points in this section in mind.

2. There are some critical differences between a therapeutic evaluation and a forensic evaluation.
Unlike a therapeutic evaluation, a forensic evaluation is not initiated by the child’s parent, but by an attorney
or the court, and can be completed over the objection of your client. The information obtained in the forensic