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Children, Mental Health and the Law Summit
Official Report

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TABLE OF CONTENTS OF CONFERENCE MATERIALS
Children, Mental Health and the Law Summit
sponsored by the Indiana State Bar Association

 CONFERENCE PROGRAM

[Note: The documents referenced in this table of contents are in .pdf format. Your computer must be equipped with Adobe Reader (available free on the Internet) to view them.]

Morning Keynote Speaker: Kurt Kumli, J.D., Santa Clara County, CA

Arredeondo, David E., M.D., Kurt Kumli, JD, Judge Raymond J. Davilla, Jr., Judi Marshall, B.A., Sandhya Shankar, LCSW, LMFT, and Kevin Rudich, JD, Juvenile Mental Health Court: 2004 Rationale and Protocols.

Opening Plenary: Suzanne, Clifford, Director, Indiana Division of Mental Health and Addiction, “State Plan for Children’s Mental Health.”

DMHA Biennial Report: SFY 2002-2003, Indiana Family and Social Services Administration.

Map: Division of Mental Health and Addiction in Partnership with other State Agencies Children’s Programs (locations of IN care centers).

Community Mental Health Centers/CEO (statewide listing).

Indiana Home and Community Based Service (HCBS) Medicaid Waiver for Children with Serious Emotional Disturbance (SED) (fact sheet).

State of Indiana Early Identification and Intervention Screening, Assessment and Treatment for Children with Mental Health and Addiction Needs (program summary).

Systems of Care for Children with Serious Emotional Disturbance (program summary).

Transforming Children’s Mental Health Care in Indiana (fact sheet).

Rosado, Lourdes, Esq., Presentation: Screening and Assessment of Youth in the Juvenile Justice System; Juvenile Law Center, Philadelphia, PA.

CANS-JJ, Child and Adolescent Needs and Strengths for At Risk and Delinquent Children and Adolescents (dispositional planning version–screening tool).

CANS-JJ Child and Adolescent Needs and Strengths for At-Risk and Delinquent Children and Adolescents (manual 1).

CANS-JJ Child and Adolescent Needs and Strengths for At-Risk and Delinquent Children and Adolescents (manual 2).

CANS-JJ Child and Adolescent Needs and Strengths for At-Risk and Delinquent Children and Adolescents (screening tool-parent version).

Checking Up on Juvenile Justice Facilities: A Best Practices Guide, National Mental Health Association.

Checking Up on Juvenile Justice Facilities: A Handbook for Child Mental Health Advocates, National Mental Health Association, September 1999.

Cocozza, Joseph J., and Kathleen R. Sckowyra, Youth with Mental Health Disorders: Issues and Emerging Responses, National Center for Mental Health and Juvenile Justice, April 2000.

Fact Scenario For Breakout Group 1: Screening, Assessment and Treatment of Juveniles in Delinquency Proceedings (handout).

Glick, William N. and Mistie Morales, Indiana Juvenile Detention Mental Health and Substance Use Assessment Project No. 1, Indiana Juvenile Justice Task Force, (project statistics).

Glick, William N. and Mistie Morales, Indiana Juvenile Detention Mental Health and Substance Use Assessment Project No. 1, Indiana Juvenile Justice Task Force, (key national findings and additional project statistics).

Glossary (prepared by Dr. Michael Jenuwine; portions have been adapted from the United States Department of Health and Human Services Substance Abuse and Mental Health Services Administration National Mental Health Information Center, and the National GAINS Center for People with Co-Occurring Disorders in the Justice System.

Grisso, Thomas, Ph.D and Lee Underwood, Psy.D., National Center for Mental Health and Juvenile Justice Research and Program Brief: Screening and Assessing Mental Health and Substance Use Disorders Among Youth in the Juvenile Justice System, January 2003.

Grisso, Thomas, Ph.D. and Lee Underwood, Psy.D., Screening And Assessing Mental Health and Substance Use Disorders Among Youth in the Juvenile Justice System: A Resource Guide for Practitioners, April 2004.

Haapanen, Rudy, PH.D and Hans Steiner, MD, Identifying Mental Health Treatment Needs Among Serious Institutionalized Delinquents Using Paper and Pencil Screening Instruments, Final Report, November 2003.

Heaston, Curtis and Michael Jenuwine, Diane N. Walsh and Gene Griffin, Promoting Justice Through Interdisciplinary Teaching, Practice and Scholarship: Mental Health Assessments of Minors in the Juvenile Justice System, Washington University Journal of Law & Policy, Vol. 11, 2003.

Massachusetts Youth Screening Instrument-2nd Version (MAYSI-2) (overview).

Mental Health Screening Tool (MHST), California Institute for Mental Health (screening tool used by Indiana Early Intervention Project).

OJJDP Mental Health Initiatives (fact sheet), U.S. Department of Justice, August 2001.

Uniform Mental Health Screening For Juvenile Offenders: Report to the Committee Studying Treatment Options for Offenders with Mental Illness or Substance Abuse Disorders, October 18, 2002.

Wasserman, Gail A., Peter S Jensen, Susan J. Kio, Joseph Cocozza, Eric Trupin, Adrian Angold, Elizabeth Cauffman, and Thomas Grisso, Mental Health Assessments in Juvenile Justice: Report on the Consensus Conference, Journal of the American Academy of Child and Adolescent Psychiatry, July 2003.

Tulman, Joseph B., Presentation: Special Education Advocacy for Young People in the Delinquency and Criminal Systems, University of the District of Columbia David E. Clarke School of Law.

Hynes, Mary (G.), Thumbnail Sketch of Special Education Law (Tulman handout).

Indiana State Board of Education Special Education Rules, Title 511, Article 7, Rules 17-31, June 2002.

Philpot, Dorene, Due Process Procedures.

Tulman, Joseph B., Dale Chart (handout).

Tulman, Joseph B., Deconstructing the Pipeline: Using Efficacy, Effectiveness, and Cost-Benefit Data to Reduce Minority Youth Incarceration, Paper Presented to the Research Symposium on the Pipeline to Prison, Harvard University, May 17, 2003.

Tulman, Joseph B., Disability and Delinquency: How Failures to Identify, Accommodate, and Serve Youth with Education-related Disabilities Leads to Their Disproportionate Representation in the Delinquency System, Whittier Journal of Child and Family Advocacy, Vol. 3:1, November 25, 2003.

Tulman, Joseph B., Excerpts from Psychiatrist’s Evaluation of Mr. Thomas (handout).

Tulman, Joseph B., IDEA Definitions (handout).

Tulman, Joseph B. and Joyce A. McGee (eds.), Special Education Advocacy Under the Individuals with Disabilities Act (IDEA) for Children in the Juvenile Delinquency System, University of Columbia School of Law Juvenile Law Clinic, 1998.

Tulman, Joseph B., Top Ten Things Judges in Delinquency or Criminal Court Can Do Under the Individuals with Disabilities Education Act (IDEA) Regarding Young People with Education-Related Disabilities Who are Facing Charges (handout).

Tulman, Joseph B., The Americans with Disabilities Act (handout).

Compilation of Selected Sate Juvenile Competency Statutes (Virginia, Georgia, Florida, Texas).

In re: K.G., 808 N.E.2d 631 (Ind. 2004).

Indiana Adult Competency Statutes (Ind. Code 35-36-3-1, et. seq., “Comprehension to Stand Trial”)

Selected State Competency Statutes (Virginia, Georgia, Florida, Texas) (chart).

The MacArthur Juvenile Adjudicative Competence Study (summary).

Virginia Juvenile Competency Statute (16.1-356)

Budgets for Children’s Services in SFY 02 by State Agency, Funding Source, and Type of Service, Prepared by the Governor's Juvenile Law Commission in cooperation with the: State Budget Agency, Family and Social Services Administration, Indiana Criminal Justice Institute, Department of Education, Indiana Department of Correction.

Burrell, Joyce, Funding Resource Documents Referenced During Presentation For the ISBA Children, Mental Health and the Law Summit.

Indiana Commission on Community and Home-Based Services, Children At Risk Task Force Recommendation No. 1, May 9, 2003.

Indiana Commission on Community and Home-Based Services, Children At Risk Task Force Recommendation No. 2, May 9, 2003.

Indiana Juvenile Law Commission (cornerstone issues).

Indiana Juvenile Law Commission, Review of Statutes and Administrative Codes Concerning Children’s Services Integrative Funding.

Indiana Juvenile Law Commission, Integrative Funding Subcommittee (statement of purpose).

Indiana Juvenile Law Commission, Integrative Funding Subcommittee, Principles that Should Guide the Development of a Fiscal Policy for Children’s Services (statement).

Kamradt, Bruce, National Center for Mental Health and Juvenile Justice Research and Program Brief: Funding Mental Health Services for Youth in the Juvenile Justice System, December 2002.

Mix and Match: Using Federal Programs to Support Interagency Systems of Care for Children with Mental Health Care Needs, Bazelon Center for Mental Health Law, 2003.

President’s New Freedom Commission on Mental Health Report, Executive Summary, December 2002.

Social Security Act, Title IV-B, Subpart 1, as amended (descriptive summary in Catalog of Federal Domestic Assistance, Child Welfare Services State Grants).

Social Security Act Title IV-B Sub-Part 1:93.556 Promoting Safe and Stable Families, Administration for Children and Families, Department of Health and Human Services (descriptive summary).

Social Security Act Title IV-B Subpart 2: 93.645 Child Welfare Services, State Grants, Administration for Children and Families, Department of Health and Human Services.

Reports

Annual Report of the Mental Health Commission, October 2003.

National Center for Juvenile Justice (NCJJ), Juvenile Justice State Profile-Indiana, July 2004.

Report of the Surgeon General on Children’s Mental Health, December 1999.

United States House of Representatives Committee on Government Reform–Minority Staff Special Investigations Division, Report: Incarceration of Youth Who Are Waiting for Community Health Services in the United States, prepared for Rep. Henry A. Waxman and Sen. Susan Collins, July 2004.

Papers

About Mental Health in Schools, UCLA School Mental Health Project (website resources).

In the Best Interests of All, Children’s Behavioral Alliance, January 2003.

Children’s Mental Health Resource Kit: Promoting Children’s Mental Health Screens and Assessments, Children’s Defense Fund.

Get It Together: How to Integrate Physical and Mental Health Care for People with Serious Mental Disorders (Executive Summary), Bazelon Center For Mental Health Law, June 2004.

McCarthy, Jan, Meeting the Health Care Needs of Children in the Foster Care System: Summary of State and Community Efforts-Key Findings, Georgetown University Child Development Center, September 2002.

Making the Right Choices: Reforming Medicaid to Improve Outcomes for People Who Need Mental Health Care, Bazelon Center For Mental Health Law, 2003.

Perkins, Jane, Medicaid Early and Periodic Screening Diagnosis and Treatment: Recent Case Developments, National Health Law Program, February 2004.

Smith, Vernon K., Ph.D., David M. Rousseau, MPH, and Molly O’Malley, MPP, SCHIP Program Enrollment: December 2003 Update, The Kaiser Commission on Medicaid and the Uninsured.

Suspending Disbelief: Moving Beyond Punishment to Promote Effective Interventions for Children with Mental or Emotional Disorders, The Bazelon Center For Mental Health Law, May 2003.

Legal Resources

Statutes

Ind. Code 12-21-5-2 (“Education and treatment of emotionally disturbed children”).

Ind. Code 12-26-1-4 ("Juvenile court; placement only in child caring institutions; transfer of proceedings").

Ind. Code 12-26-8-1 (“Appointment of advocate or guardian; persons authorized to be appointed as advocate; representation and protection of child's best interests”).

Ind. Code 12-26-8-2 (“Advocate; officer of juvenile court”).

Ind. Code 12-26-8-3 (“Representation of advocate by counsel; appointment of counsel”).

Ind. Code 12-26-8-4 (“Commitment of child; review by advocate; assistance provided by facility superintendent”).

Ind. Code 12-26-8-5 (“Advocate reviews; report; recipients of report”).

Ind. Code 12-26-8-6 (“Advocate; access to reports relevant to child; confidential reports”).

Ind. Code 12-26-8-8 (“Obligations of county offices to children under custody or supervision committed to state institutions”).

Ind Code 12-26-8-9 (“Progress reports; case reviews”).

Ind. Code 12-26-2-7 (“Child's advocate; immunity from civil liability”).

Ind. Code 31-30-1-5 (“Concurrent original jurisdiction with probate court”).

Ind. Code 31-32-12-1 (“Mental or physical examination or treatment”).

Ind. Code 31-32-12-2 (“Temporary confinement of child”).

Ind. Code 31-32-12-3 (“Return of child after passing of emergency”).

Ind. Code 31-32-12-4 (“Effect of chapter”).

Ind. Code 31-32-16 (“Involuntary drug and alcohol treatment”).

Ind. Code 31-34-1-16 (“Termination of parental rights or transfer of custody may not be required; voluntary placement agreements”).

Ind. Code 31-34-18-5 (“Examinations”).

Ind. Code 31-34-19-4 (“Discharge of child; continuance of proceeding; release of county office of family and children from obligations to child”).

Ind. Code 31-37-17-5 (“Examinations”).

Ind. Code 31-40-1-2 (“Obligation of parent, guardian, or county for cost of services or return of child”).

Cases

Brown v. Sternes,. 304 F. 3d 677 (7th Cir. 2002) (6th amendment right to effective assistance of counsel includes a reasonable investigation of mental health history and competency where warranted).

Collins v. Hamilton, 231 F.Supp.2d 840 (S.D. Ind. 2002) (Medicaid requirements and long term treatment of mentally ill juveniles).

In re Commitment of Heald, 785 N.E.2d 605 (Ind. Ct. App. 2003) trans. denied.

In re Commitment of J.M.F., 721 N.E.2d 267 (Ind. CT App. 1999).

In re K.G., 808 N.E.2d 631 (Ind. 2004).

In re Lemond, 413 N.E.2d 228 (Ind. 1980).

In re Termination of the Parent-Child Relationship of A.P., 734 N.E.2d 1107 (Ind.Ct. App. 2000), reh’g denied.

News Articles on Children and Mental Health in The Indianapolis Star

August 22, 2004, Knute Rotto, Chief Executive Officer, Choices Inc., Families Turn Around Through Wraparound.

August 19, 2004, Richard D. Walton, Violent Actions Raise Concerns for Better Care.

August 13, 2004, The Associated Press, Two New Mental Health Facilities Planned in $35 Million Expansion (South Bend, Ind.).

August 11, 2004, Diana Penner, Insurance Program Seeks to Aid More Kids.

August 9, 2004, Diana Penner, Studies of Antidepressants, Child Suicide Raise Concern.

August 1, 2004, Fran Quigley, Executive Director, Indiana Civil Liberties Union, An Inhumane Way to Treat the Mentally Ill.

July 11, 2004, Editorial, Find Other Family Solutions so Children Don’t Languish in Foster Care.

July 8, 2004, Eunice Trotter, Blacks in Foster Care Disproportionately.

July 7, 2004, Robert Bernstein, Ph.D., Executive Director, Bazelon Center for Mental Health Law, Don’t Use Legal Coercion for Mental Health Crisis.

June 29, 2004, MaryBeth Schneider, ‘Hoosier Health Plan’ Urged.

June 28, 2004, Joseph Vanable and Pamela A. McConey, Indiana Chapter of the National Alliance for the Mentally Ill, Critical Elements to Help the Mentally Ill.

June 25, 2004, Eunice Trotter, State Passes Up Child Protection Funds.

June 2, 2004, Eunice Trotter, State Seeks Answers to Court Ruling.

May 19, 2004, Mary Beth Schneider, Psych Screenings To Be Given to Neglected Kids.

April 17, 2004, Eunice Trotter, Ex-Director: $1.5 Billion Can Meet Kids’Needs.

June 3, 2003, Editorial, A Stressful Move for Mental Health.

June 3, 2003, Rob Schneider and Jeff Swiatek, Hospitals Cutting Psych Services.

April 11, 2003, Editorial, The Message to Sick and Hurting: Tough.

July 22, 2002, Rob Schneider, Cuts in Services for Mentally Ill Hit Kids Hardest.

November 23, 2003, Editorial, Sentencing options are the keys to alleviating overcrowded prisons.

Summit Program Agenda and Speaker Profiles

Speaker Profiles.

Program Agenda, August 27, 2004.

Press Release, August 20, 2004.