ENCOURAGING A CULTURE OF CARING FOR CHILDREN WITH DISABILITIES

Abstract

This article begins by analyzing the Report of the Surgeon General's Conference on Children's Mental Health. This Report vividly documents the plight of children with mental disabilities and their families. A national health crisis has been created due to major deficiencies in the diagnosis, treatment, education, and deliver of other services to children with emotional and behavioral disorders. This article examines the systemic reforms recommended by the Surgeon General's Report to stem this health care crisis.Systemic reforms, however, require a significant amount of time to develop and implement. These reforms occur on a gradual and incremental basis. This article suggests legal measures a state can take on a more expedited basis to improve mental health services for children and their families; measures that can provide a framework for the systemic reforms that are ultimately needed.This article recommends that legal measures to improve mental health care be drafted and implemented from a cooperative interdisciplinary perspective. This approach takes into account the resources and knowledge of all state agencies and institutions, not just those traditionally associated with mental health issues. Areas of suggested legal intervention include the substantive criteria and procedures for residential placement; parental custody relinquishment; the foster care system; and juvenile justice placements.