From judges to janitors, no one is more keenly aware that the Juvenile Court system has become the "dumping ground for scores of children with mental health problems, minor school-related misconduct, and other adolescent problems," as characterized in the March 13 Enquirer story ("Study: System fails accused youth in Ohio"), than are the Juvenile Court staff members.

The closing of state psychiatric facilities has resulted in a tremendous increase in incarcerated youth. Nationally published data suggest that as many as 73 percent of children in juvenile detention facilities report mental health difficulties during initial screenings and more than one-half of this number report they have previously received treatment for mental-health problems. The article raised issues concerning the competence of children to stand trial and alluded to a soon-to-be published article that "found many U.S. children age 15 and younger are unable to understand criminal proceedings, hindering their ability to be competent defendants." While I was unable to locate the mentioned article, I am familiar with a recently completed study titled the McArthur Juvenile Adjudicative Competence Study. It suggested that "juveniles age 11 to 13 were more than three times as likely as young adults to be seriously impaired ... juveniles of below average intelligence were more likely to be significantly impaired ... more than half of all below average 11 to 13 year olds and more than 40 percent of all below average 14 to 15 year olds were in the significantly impaired range on abilities related to competence."

While the Enquirer cites studies to support its argument, it did not cite a November 2002 Juvenile Justice bulletin published by the United States Department of Justice indicating that "in 2000 law enforcement agencies in the United States made an estimated 2.4 million arrests of persons under the age of 18. According to the Federal Bureau of Investigation, juveniles accounted for 17 percent of all arrests and 16 percent of violent crime arrests in 2000." That article goes on to indicate that of those juvenile arrests, children ages 15 and younger were responsible for approximately one-third of all murder, non-negligent manslaughter, aggravated assault and forcible rape arrests. They were responsible for 27 percent of the robbery arrests, 39 percent of the burglary arrests and 65 percent of the arson arrests. The court is aware of the very serious nature of the charges juvenile offenders face and is also aware of the need to protect their legal rights.

The article also raised the issue of competency to waive Miranda rights when it stated that "kids waive their right to counsel without even the most basic understanding of what they are giving up having been explained." To those in the Juvenile Court system, this is also not a startling finding. The public defenders have requested that the competency of children to waive their Miranda rights be evaluated on several occasions.

As the Clinic Director in the Hamilton County Juvenile Court, I (Paul Deardorff) have been asked to serve as a member of an advisory group working with the Mental Health Board to formulate policies and procedures for meeting the needs of all Hamilton County youngsters, including those involved in the Juvenile Court system. At the urging of Hamilton County Juvenile Court Judge Thomas Lipps, we have implemented a new program housed at the Hillcrest Training School.

The program is intended to thoroughly evaluate the risks, needs, and strengths of a select group of children who have engaged in criminal behavior. While the focus is on a child's psychological makeup, personality, and attitudes, we also look at the home environment, school system, peer group, recreational activities and other issues. Recommendations are then provided to judges and magistrates as to what interventions might be implemented to decrease the probability that this child will be incarcerated or encounter further contact with the Juvenile Court system.

As Judge Hendon reported, Hamilton County is fortunate to have its own juvenile detention center. Over the years, administrators from all over the country have toured and studied this facility with the goal of implementing such programming to their own detention centers. Although any attention given to the plight of the children in our care is welcome, the implication that we are not aware of the issues you raise or are not responding to them is simply incorrect.

Paul A. Deardorff, Ph.D., Clinic Director, Hamilton County, Juvenile Court

Nicole A. Leisgang, M.A., Psychological Assistant