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Navigating the Juvenile Justice System with a Mental Health Challenge A Parent s Guide This eBook was developed in consultation with Allegheny County s Juvenile Division of the Office of the Public Defender

Table of Contents 1 General Info 2 Interrogations 3 Court Processes Hearings 4 Initiating Involvement Yourself 5 School 6 Sign up to join our community 7 Webinar 8 More Resources

Navigating the Juvenile Justice System with a Mental Health Challenge A Parent s Guide Interactions between law enforcement and your child can be very scary especially for a child who has a mental health challenge It is best to prepare your child ahead of time for what they could expect if they ever were to have an interaction with law enforcement General Info In what age range can a child be charged in the juvenile justice system A child 10 17 years old has the potential of being charged in the juvenile justice system In PA a child under 10 cannot be charged with a crime other than homicide In very specific circumstances for certain violent felonies a child over 15 can be charged as an adult Can my child be searched without their consent Officers should only perform a search if they have reason to believe that a crime is occurring and that the person is presently armed and dangerous If the officers decide this is the case it is a frisk or a pat down of a person s outer clothing They should not reach into pockets or inside coats Click to define

My child was asked to come to the police station to provide some information Should they go Your child does not need to speak to the police to provide additional information or answer more questions without consulting an attorney first or with one present What kind of information is my child required to give to police officers Your child should tell the officer their name their date of birth and the name and phone number of their parent Things like their school where they were or who they were with are not things they need to disclose Advise your child to only share what is necessary so they don t accidentally incriminate themselves Click to define If asked can my child refused to be searched Your child has the right and should refuse a search Should my child disclose to the police that they have a mental health challenge Yes We know this feels like it s no one s business and it s not but it only helps your child to disclose this information especially if the mental health challenge impacts the way they communicate It helps the officers understand your child s reactions or behaviors and it gets it on the record that you told them about it as soon as possible

How else can I prepare my child for an encounter with the police Sitting down with your child to discuss what a police encounter may look like can help alleviate a lot of anxiety about the unknown Advise your child to always keep their hands visible and be polite and respectful to the officers Your child may have an impulse to run when they feel scared Impress upon them how important it is that they should not ever run from the police The goal of any encounter with the police is for it to end as soon as possible and for them to walk away without any injuries If my child does get detained what should I expect A detention hearing should happen within 72 hours You can bring your own attorney to the detention hearing or your child can be provided with a free one Just because there is a hearing doesn t mean your child will be released they may remain detained If they remain detained the next hearing is within 10 days of the first one The judge could also opt for a home detention with an ankle monitor Interrogations When should my child speak to the police Probably never The officers most likely are not trying to simply gather information your child is more likely a suspect of some kind Their job is to solve a case not help your child

What should I advise my child to say Have your child practice the phrase No thank you I would like a lawyer Should my child reiterate that they have a mental health challenge Yes Practice the sentence with your child _ is my diagnosis and I need help with _ Will they let me speak with my child Yes children should be given the opportunity to consult with an interested adult i e a parent advocate etc How else can I prepare my child for a possible interrogation Let your child know that they can expect to be uncomfortable The officers can purposely make individuals being interrogated uncomfortable but it can be even worse for someone with a disability Remind them that even though they feel uncomfortable it is so important that they don t tell the officers what they want to hear to get themselves out of the situation What they say during an interrogation can and will be used against them Inform your child that it is also 100 legal for the police to lie to them So even if the officers say something like Well your friend told me XYZ they should still not speak You never know what information the police do and do not have and talking can incriminate them

Court Processes and Hearing How much should I share with my child s defense attorney Anything your child tell your child s defense attorney remains confidential unless it can help your child s situation Again we know this feels invasive but your defense attorney is on your child s side and they will only share information they think will help your child s case Provide any relevant documents IEP school records information from doctors that indicate needs etc This all can be helpful when determining competency and the more information the better Ultimately your child is the client and the attorney will advocate for what your child asks for What is an adjudication This is a legal process of resolving a dispute or deciding a case in juvenile court The judge is trying to find facts including whether your child is guilty or not and deciding if your child needs any treatment rehabilitation or supervision An adjudication in juvenile court is like a conviction in adult court It is helpful for you to share what your child is already doing with their defense attorney Are they already seeing a therapist that they have built a relationship with Are there other services they already receive

What do I do if my child receives a summary citation You won t have a right to a free attorney like you would in juvenile court But you have the right to bring your own attorney if you want If you don t have an attorney these are our suggestions If you have received a summary citation in the mail or handed to your child we know it can be a very stressful situation Stay calm and advise your child to never confess to the school or to the police Be sure to share your child s diagnosis therapy and supports already in place as early in the process as possible The local magistrate will hear the case and below are some best practices about how to handle it Always plead not guilty when submitting the initial paperwork Do not pay the fine listed on the citation Your child cannot be placed on probation detained or sent to placement You always have right to appeal within 30 days Most common examples disorderly conduct harassment retail theft criminal mischief and truancy If the officer victim doesn t come to court your child does not have to tell their side of the story Staying silent and not giving any details about the case is best You can ask the judge to dismiss the case If the parties are present officer victim you can ask the judge Is there a way we can resolve this case without a guilty verdict conviction on their record

Initiating Involvement Yourself There are services my child can only receive if they go through the juvenile justice system This is FALSE There are no special buckets of services reserved for individuals who have gone through the juvenile justice system Is calling the police on my child the answer Most likely no Be VERY cautious when thinking about this course of action as it should be reserved as a last resort We know that sometimes the things you go through at home with your child can be overwhelming scary or traumatic but by calling the police you are giving up your control of the situation and charges could be filed If that occurs you are allowing a judge to come in and document and decide what happens in your own home with your own child Your child may even be removed from your home over your objection If you must call for emergency mental health assistance for your child dial 988 the new suicide and crisis lifeline replacing 911 for emergency help You don t have to be alone in this If you feel like you re running out of options for dealing with your child s behavior give us a call The Parent Alliance s trained parents have been in your shoes and can help you review your options

Our FREE and CONFIDENTIAL services are available for any parent in Pennsylvania who is raising a child who struggles with their mental health School Are the rules different at school Yes When your child walks into their school they have different rights than they do elsewhere When talking to your child it is very important to make them understand the differences What is different A school is a community setting and safety is a serious priority so school staff have different rules regarding what they can and cannot do Click to define While the Miranda Rights still apply in school there is a different expectation of privacy School employees have more ability to search students than they would outside of school All they need is reasonable suspicion a lower standard standard to search your child Strongly encourage your child to never have anything illegal on them especially in school If it s illegal in anyway reiterate to your child how important it is that it is not brought onto school property in any circumstances This could lead to school suspension or expulsion in addition to juvenile court or summary charges Also schools move much faster than the court system If your child is dealing with a legal issue at school don t be surprised at the speed in which they handle things Document document document 570 - 664 - 8615

What should you tell your child to say if they are being interrogated No thank you I d like to speak with a lawyer this doesn t mean the questions will stop but your child should request a lawyer and then stay quiet They can request a parent too The school might be more respective of I want my parents What is the same School safety officers also sometimes referred to as School Resource Officers SRO Public Safety Officials etc are still police officers and your child can still refuse to talk Practice with them the phrase No thank you I d like to speak with a lawyer even in school settings While the rules are a bit different it is just as important that they don t incriminate themselves Remind them that even though they may feel more comfortable at school or that perhaps these feel more like trusted adults not to say anything They will most likely only make things harder for themselves Don t take this any less seriously than an encounter that occurs outside of the school Be cautious of what you and your child say and never sign anything that you don t understand What can I expect if my child is suspended You and your child must be notified as soon as possible You must be notified in writing and it is important for you to keep track of this document and any documents to follow A suspension can last anywhere from 1 10 days An informal suspension hearing will be offered to you within the first 5 days for any suspensions beyond 3 days and this will feel much more like a meeting than a hearing There you will often find out if any charges are coming It does not hurt to be direct here You can ask the school directly Will charges be filed most schools are very forthcoming with this information

Pennsylvania law is more protective for students with intellectual disabilities Just because it s not called an expulsion hearing doesn t mean there isn t a possibility that your child could be expelled Any suspension longer than 10 days is in effect an expulsion What can I expect if my child is expelled This means that they are excluded from school for more than 10 consecutive days A formal hearing must be conducted unless the parent agrees to sign a waiver Any waiver must be signed knowingly and voluntarily Are things different if my child has an IEP Yes they will conduct something called a manifestation determination This means they will decide whether the behavior was a result of your child s disability You should only speak in hypotheticals at the manifestation determination If any charges might be coming it is important that your child not make any admissions Instead say something like Let s pretend my child Hypothetically if X happened Don t forget during the discussion that you are not admitting that anything happened Keep reminding them you re just talking about a hypothetical situation You don t have to bring your children to the manifestation determination if it s not in your child s best interest If you do bring them they don t have to speak A manifestation determination does not determine intent OR if the child knew what was right or wrong What it does determine is was the behavior related to the disability and or was the IEP followed

What if charges are filed Advise your child to not make a statement about the incident in their school disciplinary hearing without consulting with an attorney first It is okay for you and your child to make your lawyer the bad guy when needed It is 100 acceptable for you and your child to say I can t because my lawyer told me not to The parent could also be made the bad guy if you don t have a lawyer Tell your child to tell them you won t let them talk about the incident Remember that juvenile courts are not appropriate venues for addressing special education issues What is a Functional Behavioral Assessment An FBA is a process of gathering information about behaviors of concern This will help you and the school figure out what is causing this behavior It never hurts to ask for one Make sure to ask for copies of the FBA for your own records Sometimes there are inconsistencies in what the school has said about an incident and it is important that you have all appropriate documentation accessible for you too Learn more about Functional Behavioral Assessments here Learn more Do I have to approve of the NOREP PWN No you do not and you don t need to explain why

If you are a parent of a child who struggles use this button to sign up to join a community of parents who get it Are you concerned about your child s mental health and juvenile justice involvement but not sure where to turn Are you a parent who s overwhelmed trying to help your child who has been diagnosed with Depression Anxiety ADHD Bipolar Disorder OCD Schizophrenia other mental health diagnoses or maybe you re worried about your child s behavior Sign up Sign up Are you tired of the red tape you get as you just try to get your child the help they need At the Parent Alliance we get it We ve been there and we are here to support you As a member of our community you ll get Exclusive early access to tip sheets and event registrations Weekly blogs that address the challenges families are facing in realtime 2 monthly emails delivered directly to your inbox to make sure you have the information you need when you need it A community of parents who get what it s like to raise a child who is struggling Are you a provider who works with children who struggle with their mental health To get a look into the unique needs and challenges facing parents across the state right now sign up to join our community

Want to hear directly from the experts themselves Navigating the Juvenile Justice System with a Mental Health Challenge Watch Now Good news You still have the opportunity to watch the webinar live on Wednesday May 3rd at 7 00 PM Join to get YOUR questions answered Sign up Can t make it No worries the recording will be uploaded right into this eBook ASAP Presented By Allegheny County s Juvenile Division of the Office of the Public Defender

More Resources You don t have time for unhelpful Google searches Below are resources that have been hand picked by our staff of parents who get what it s like to have a child who struggles with their mental health Learn more about the rights and protections your child has in school Learn more Learn more about Manifestation Determination Process here Learn more A Family Guide to the Juvenile Justice System Access the Manifestation Determination worksheet here Worksheet U S Department of Education Information and guidance on 504 plans Learn more This guide was created to help you understand the juvenile justice system Learn more U S Department of Education Fact sheet on the rights of students with disabilities Learn more Overwhelmed and not finding what you need We want to help you figure out the best next step you can take to help your child thrive Call us at 570 664 8615 or visit us here to learn more