Juvenile and family mental health law in sociohistorical context

Abstract

The mental health care of children and youth cannot be considered in historical context without looking more broadly at the treatment of delinquent, neglected, abused, dependent, and mentally and emotionally handicapped youngsters. Recognizing that there has always been overlap among these categories, policies toward such youngsters were and are intimately connected to the nature of the welfare system, the prevailing views of the rights of parents vis-a-vis the state, and society’s willingness to commit public resources to the care and treatment of “problem” children and youth. We began with an undifferentiated view of the problems of youth and the means useful in dealing with those problems. Increasing specialization of services has reflected not only scientific advances in our understanding of the problems of youth but also changes in social conditions. The spirit of a particular time has brought certain problems to our attention and supported action in relation to those socially defined problems. With these themes in mind, this Article provides a brief overview of the historical development of juvenile and family mental health law and policy in the United States. While the emphasis is on the development of mental health law and policy in the American sociohistorical context, the roots of such law and policy clearly predate even the establishment of the first American colonies.