U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Evaluating Juvenile Amenability to Treatment: Integrating Statutes and Case Law Into Clinical Practice

NCJ Number
219402
Journal
Journal of Forensic Psychology Practice Volume: 7 Issue: 1 Dated: 2007 Pages: 67-78
Author(s)
James L. Loving PsyD; Nicholas S. Patapis PsyD
Date Published
2007
Length
12 pages
Annotation
This report on juvenile amenability to treatment outlines legal guidelines that can improve on the ways clinicians frame the relevant psycholegal issues accurately and integrate them into clinical practice.
Abstract
General suggestions for clinical practice on juvenile amenability to treatment include: (1) because the construct of amenability is defined differently in clinical versus legal contexts, the evaluator must draw from both bodies of knowledge to yield an opinion that is not only clinically sound, but legally applicable; (2) the evaluator needs to remain mindful of the interplay between amenability-related opinions and the broader psycholegal issue at hand; (3) amenability opinions should, as much as possible, take into account the specific services and resources that are available and feasible within the juvenile’s jurisdiction; (4) with offense-related findings still in dispute at the time of the waiver hearing, the evaluator should inquire as to the facts of the pending case, but only insofar as the details of the incident will inform amenability findings; and (5) when reporting findings, the evaluator usually can and should avoid discussing the instant offense in unnecessarily specific detail, because doing so could have an impact on later proceedings. When juveniles face transfer to the adult criminal system, mental health professionals are typically consulted for evaluation and testimony with respect to various issues, the most central being the juvenile’s amenability to treatment within the juvenile justice system. This case report can help psychologists frame the relevant psycho-legal issues accurately, including recognizing distinctions between clinical and legal definitions of amenability. The forensic evaluator needs to draw not only from the clinical literature, but also from applicable statutes and case law. References