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19 - Ethical issues of youthful offenders: confidentiality; right to receive and to refuse treatment; seclusion and restraint

Published online by Cambridge University Press:  11 August 2009

Lilia Romero-Bosch
Affiliation:
Chief Resident Hasbro and Rhode Island Hospitals Providence, Rhode Island 02903 USA
Joseph V. Penn
Affiliation:
Director of Child and Adolescent Forensic Psychiatry Rhode Island Hospital, RI Training School Medical Clinic, 300 New London Avenue Cranston, RI 02920 USA
Carol L. Kessler
Affiliation:
Columbia University, New York
Louis James Kraus
Affiliation:
Rush University, Chicago
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Summary

Introduction

A youth is held at a juvenile detention facility while awaiting legal disposition of his pending charges. The youth was recently prescribed multiple psychotropic medications in the community for “out of control” behaviors. The youth disclosed to detention staff that he was medication non-compliant and actively abusing illicit substances. The youth's urine drug screen was positive for cannabinoids and cocaine metabolites. There are no past mental health or medical records available. A clinical decision was made to hold all of the past psychotropic medications and establish a diagnostic baseline. A few days later, the youth was involved in an altercation with a peer and required physical restraint by staff and was placed in disciplinary “lock-up” status. The youth's family is upset that the psychotropic medications were discontinued. They blame the altercation, behavioral dyscontrol, and resulting disciplinary status on the lack of current psychotropic medication treatment. It remains unclear if the family is aware of the youth's recent substance abuse and medication non-compliance. The family is insistent that the youth's psychotropic medications be restarted. During a psychiatric evaluation, the youth does not appear motivated for mental health or substance abuse treatment, but is willing to comply with anything that will result in a more favorable legal disposition and shorter period of confinement.

Who has the right to make treatment decisions for this youth?

Type
Chapter
Information
The Mental Health Needs of Young Offenders
Forging Paths toward Reintegration and Rehabilitation
, pp. 401 - 422
Publisher: Cambridge University Press
Print publication year: 2007

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References

American Academy of Psychiatry and the Law (2005). Ethical Guidelines for the Practice of Forensic Psychiatry. Last revised 2005, http://www.aapl.org/ethics.htm.
American Psychiatric Association Task Force to Revise the APA guidelines on Psychiatric Services in Jails and Prisons (2000). Psychiatric Services in Jails and Prisons, 2nd edn. Washington, DC: American Psychiatric Association.
American Psychiatric Association (2001). Opinions of the Ethics Committee on The Principles of Medical Ethics: With Annotations Especially Applicable to Psychiatry. Washington, DC: American Psychiatric Association.
Appelbaum, P. S. (1997). A theory of ethics for forensic psychiatry. Journal of the American Academy of Psychiatry and the Law, 25(3), 233–247.Google Scholar
Bazelon Center for Mental Health Law (2005). http://www.bazelon.org/about/judgebazelon.htm, accessed June 2005.
Cornell Law School (2005). http://straylight.law.cornell.edu/supct/html/historics/USSC_CR_0429_0097_ZS.html, accessed June 2005.
Grisso, T. (1998). Forensic Evaluation of Juveniles. Sarasota, FL: Professional Resource Press.
Grisso, T. (2005). Evaluating Juveniles' Adjudicative Competence: A Guide for Clinical Practice. Sarasota, FL: Professional Resource Press.
Gutheil, T. G. (1998). The Psychiatrist in Court. Washington, DC: American Psychiatric Press, Inc.
Haller, L. H. (2002). The forensic evaluation and court testimony. Child and Adolescent Psychiatric Clinics of North America, 11(4) 689–704.Google Scholar
LSU Law Center (2005a). http://biotech.law.lsu.edu/cases/prisons/Estelle_v_Gamble.htm, accessed June 2005.
LSU Law Center (2005b). http://biotech.law.lsu.edu/cases/prisons/Farmer_v_Brennan.htm, accessed June 2005.
National Commission on Correctional Health Care (2003). Medical-legal issues. In Correctional Mental Health Care, Standards and Guidelines, 2nd edn. Chicago, IL: National Commission on Correctional Health Care.
Penn, J. V. (2005). Child and adolescent forensic psychiatry. Medicine and Health Rhode Island, 9, 310–317.Google Scholar
Penn, J. V. & Thomas, C. R. (2005). AACAP Work Group on Quality Issues. Practice parameter for the assessment and treatment of youth in juvenile detention and correctional facilities. Journal of the American Academy of Child and Adolescent Psychiatry, 10, 1085–1098.Google Scholar
Schetky, D. H. & Benedek, E. (ed) (2002). Principles and Practice of Child and Adolescent Forensic Psychiatry. Washington, DC: American Psychiatric Publishing, Inc.
Simon, R. (1998). Concise Guide to Psychiatry and Law for Clinicians, 2nd edn. Washington, DC: American Psychiatric Press.
Stanford University (2005). http://www.stanford.edu/group/psylawseminar/O'Connor.htm, accessed June 2005.
Tillet, J. (2005). Adolescents and informed consent: ethical and legal issues. The Journal of Perinatal and Neonatal Nursing, 19(2), 112–121.Google Scholar
Treatment Advocacy Center (2005a). http://www.psychlaws.org/LegalResources/CaseLaws/Case5.htm, accessed June 2005.
Treatment Advocacy Center (2005b). http://www.psychlaws.org/LegalResources/CaseLaws/Case3.htm, accessed June 2005.
Treatment Advocacy Center (2005c). http://www.psychlaws.org/LegalResources/CaseLaws/Case6.htm, accessed June 2005.
Treatment Advocacy Center (2005d). http://www.psychlaws.org/LegalResources/CaseLaws/Case2.htm, accessed June 2005.
US Department of Health and Human Services (2005a). http://www.hhs.gov/asl/testify/t980721a.html, accessed June 2005.
US Department of Health and Human Services (2005b). http://aspe.hhs.gov/admnsimp/pl104191.htm, accessed September 2006.
Weithorn, L. A. & Campbell, S. B. (1982). The competency of children and adolescents to make informed treatment decisions. Child Development, 53(6), 1589–1598.Google Scholar
Wikipedia (2005) http://en.wikipedia.org, accessed June 2005.

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