NCJ Number
116070
Journal
University of Detroit Law Review Volume: 65 Issue: 4 Dated: (Summer 1988) Pages: 679-721
Date Published
1988
Length
43 pages
Annotation
This study examines how lawyers represent mentally ill juveniles, with special emphasis on the civil commitment process.
Abstract
State statues and case law governing parental commitment of juveniles are discussed, with special emphasis on Virginia law and Parham v. J.R., a 1979 U.S. Supreme Court decision holding that parents or guardians do not violate their children's due process rights when they voluntarily admit their minor children to psychiatric hospitals. Several statutory models are proposed that would require various levels of consent from juveniles before voluntary admission to psychiatric hospitals. Involuntary admission standards are also discussed, with particular attention paid to independent psychiatric evaluations, due process concerns, and the right to counsel. The role and ethical responsibilities of judges and counsel who represent minor children in commitment precedings are discussed as is the procedure employed in Virginia to finance involuntary commitments. The study concludes by arguing that the due process rights of juveniles in commitment proceedings must be assured. Appendixes include results of a survey of 50 Virginia lawyers on juvenile civil commitment procedures and guidelines for attorneys interviewing juveniles who are subjects of civil commitment hearings. 159 footnotes.