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This Article focuses on unifying the protocol for state competency evaluations, but with special concerns about undiagnosed FASD and developmental immaturity in adolescents. States do not mandate any process whereby psychometric tests are first performed prior to psychiatric mental status evaluations, often causing disparities in evaluations which might easily be avoided in court proceedings. Adding to the complications in current competency evaluations are recent studies from Canada and Australia identifying exceptionally high rates of FASD in incarcerated adolescents following multi-disciplinary teams' studies directed at identifying FASD. If these studies' rates of FASD turn out to be similar for children in the U.S. juvenile justice system, then systemic reform is called for as we are failing to identify this congenital condition when adolescents enter the system and then continue on into the adult criminal system without recognition of their prenatal exposure to alcohol. [ABSTRACT FROM AUTHOR]

Despite legal competence presumptions about juveniles facing delinquency charges, tens of thousands of forensic mental health evaluations challenge the status of court-involved children in the United States each year. Researchers now find mental health disorders prevalent among juveniles in the justice system, with up to 70% having a diagnosable mental health problem. It is inappropriate to think of adolescents as younger versions of adults whose behaviors can be viewed through the same lens as adult behaviors. The Article will explore some of the causes and conclusions about why many juveniles are not competent and why many of them may not become legally competent. Prenatal exposure to alcohol creates an especially complex problem for a system that seeks to hold juveniles accountable for misconduct considering the juveniles' congenital birth defects and the difficulties in identifying the condition. Comorbid disabilities within this population are rarely properly identified, making the current forms of intervention services equally inappropriate and often unsuccessful. Many other countries do not follow the lead of the United States in imposing legal sanctions on youthful offenders. Our juvenile justice system re- quires proper assessment and diagnostic and treatment modalities for this large segment of the juvenile population where recidivism ushers many from juvenile courts into adult criminal courts. [ABSTRACT FROM AUTHOR]

The article discusses the domestic and international legal challenges on the use of torture during interrogation of detainees in the U.S. and the need to revoke the license of professionals involved in the creation of national policy that changed the interpretation of laws banning torture.

The administration's policy of separating children from their families as they attempt to cross into the United States without documentation is not only needless and cruel, it threatens the mental and physical health of both the children and their caregivers. Psychological research shows that immigrants experience unique stressors related to the conditions that led them to flee their home countries in the first place. The longer that children and parents are separated, the greater the repeated symptoms of anxiety and depression for the children. Negative outcomes for children include psychological distress, academic difficulties and disruptions in their development. [ABSTRACT FROM AUTHOR]

The article discusses the legal aspects of child sexual abuse focusing on the delayed response to abuse, the Kavanaugh confirmation hearing and elimination of statutes of limitation for such cases. It defines child sexual abuse according to the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders. It cites factors that lead to the lack of physical findings supporting an abuse. It discusses the sexual assault case involving Judge Brett Kavanaugh.

The article discusses the proposed elimination of a legal presumption which is used in juvenile delinquency cases in the U.S. and presumes that all juveniles are competent to stand trial, and it mentions the U.S. Supreme Court's ruling in the 1960 case Dusky v. United States which deals with the concept of adult competency. Intellectual deficiencies among children and adults are mentioned, along with the legal rights of juveniles in places such as Europe, Asia, and South America.

The article focuses on the amendments in the legal ethics in delinquency case while consulting juvenile's parents in the U.S. It offers information on the Model Rules of Professional Conduct (MRPC) of the American Bar Association, related to the counsel of minor clients, that have the duty to consult with the juvenile client's parents or caregivers, when faced with delinquency petition.

The article presents an analysis on the policies concerning child care programs and the intersection between daycare and delinquency prevention in the U.S. It compares the private nature of U.S. child care and European public child care. It explores the problematic outcomes of American private child care including high costs, lack of access, and low quality. It notes the role of after-school programs and quality daycare in the cost-effective reduction of juvenile delinquency and crime. It explains several legal reforms to make a comprehensive child care policy including the collaboration of federal agencies and state leaders, directly funded programs and vouchers, tax code amendments and parental leave policies.

Attempts to briefly acquaint attorneys with some of the issues created by the mental health aspects of delinquency defense. Importance of incorporating questions about the client's medical history in the initial interview; Details on selecting and retaining a mental health expert; Information on considering confidentiality between psychotherapist and patient; Conclusion.