Mental Health Evaluations Required Prior to Delinquency Dispositions

Last week the Court of Appeals breathed new life into a decades-old law that requires district courts to refer juveniles who have been adjudicated delinquent, prior to disposition, to the area mental health, developmental disabilities, and substance abuse services director for an interdisciplinary evaluation if any evidence that the juvenile is mentally ill has been presented. This new decision, In the Matter of E.M., __ N.C.App. __ (January 15, 2019), raises many questions like, does it really mean any evidence of mental illness? And does it matter if the juvenile has already received mental health services? And who is the area mental health, developmental disabilities, and substance abuse services director anyways? G.S. 7B-2502(c) – the statutory requirement G.S. 7B-2502(c) requires a referral from the court to the area mental health, developmental disabilities, and substance abuse services director for appropriate action if the court believes or if there is evidence presented to the effect that the juvenile is mentally ill or developmentally disabled. The statute then requires the area mental health, developmental disabilities, and substance abuse services director to arrange an interdisciplinary evaluation of the juvenile and to mobilize resources to meet the juvenile’s needs. In E.M., the juvenile was committed to the YDC and placed in the custody of the Department of Social Services as a result of probation violations.  Relying on G.S. 7B-2502(c), the court held that “Evidence of mental illness compels further inquiry by the trial court prior to entry of any final disposition.” Slip Op. at 6, quoting [...]