In re Gault (1967), it was decided that juvenile offenders were given
the right to avoid self-incrimination. My question is what juvenile
statute or case law covers a juvenile's right to avoid
self-incrimination once adjudged a ward of the court and involved in
coerced therapy?  I would also like to find out what the juvenile's
rights are to refuse treatment or with regard to confidentiality while
in treatment? Are there cases in which a mental health professional or
psychologist breached confidentiality of a juvenile offender and was
liable in a civil suit?

I am also interested in pointers to information regarding the legal
history of the mental health treatment of juvenile offenders:  what
changes have occurred over time in this area?

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Request for Question Clarification by arlenegreen-ga on 07 Nov 2002 03:38 PST

Are you looking for federal case law or a particular state
statute/appellate case law here? It makes a world of difference
depending on the focus of your research.

However, without further details I suggest you get a copy of Cases and
Materials in Juvenile Law by J. Eric Smithburn (he's a professor at
Notre Dame). It is a starting point if nothing else.

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Clarification of Question by littlebearpsych-ga on 07 Nov 2002 10:34 PST

arlenegreen: Sorry, I should have said: My primary focus is the
situation in the State of California. So CA state case law is highly
relevant, other states much less so. Thanks for any help you can
offer!

In my 70 years, I have observed an erosion of institutional and
individual freedom, competence, and results. Methods, guidelines,
rules, laws, and typical court results have changed considerably and
will continue to change. Perhaps always, but now especially, a humble
but persistant approach is more likely to succeed. Showing maturity
and willingness to co-operate and go the second mile sometimes works.
Demanding your rights rarely produces a favorable outcome.  Attemps to
incriminate you can often be twarted by qualifying your answers ie "I
can't say for sure, but your logic seems reasonable." or you can
respond "that seems unlikely, but maybe."  Neil

"If I did anything even half that discusting, I truly appologize"
Thank you for helping my search for the real me, and suggesting new
guidelines to help me avoid future trouble with society" "What do you
suggest to make my future better?"

neilzero: Thanks for your input, but the focus of my research is on
the other side of the issue. You're talking about what juvenile
offenders can do or say to better their situation strategically; I'm
more interested in how mental heath professionals (eg, court-ordered
counselors) ought to act when dealing with juvenile offenders in order
to behave in an upright and ethical fashion while obeying the relevant
laws. So on the one hand there's the APA's ethical code combined with
the best interests of the various parties involved, while on the other
hand there is a vast minefield of legal restrictions and mandates and
liabilities faced by mental health professionals trying to do their
job.

In other words: I'm not trying to help a particular juvenile offender.