State Court Leadership Briefs

State Court Leadership Behavioral Health Briefs are written from a court administrative and legal perspective addressing specific topics related to mental illness.

Behavioral Health and Equity

This leadership brief provides a global overlay for the work around behavioral health equity with a focus on person-centered justice, cultural humility, and the importance of the courts taking an active role in these areas. (November 2022)

Youth Mental Health Crisis

The statistics are alarming. Nine percent (9%) of youth in high school attempted suicide in 2019. From 2016 to 2020, the number of 3- to 17-year-olds who sought treatment for anxiety or depression jumped by more than 1.5 million youth. (September 2022)

Oversight of Psychotropic Medications Prescribed to Children in Foster Care

There have been guidelines, recommendations, and resolutions created and shared since the early 2000s, but progress needs to be made and questions remain regarding the court’s role in the oversight of psychotropic medications for children in foster care. (September 2022)

New Model for Collaborative Court and Community Caseflow Management

This new comprehensive approach to caseflow management helps to ensure public safety, control costs, and create fair and effective criminal justice and court systems that meet the challenges of individuals with behavioral health needs. (July 2022)

Implementation of the 988 Suicide and Crisis Lifeline: What Court Leaders Need to Know

The potential of 988 is enormous, but realizing its full potential will take years. Courts have a stake in the design and implementation of this lifesaving resource rolled out to communities across the country on July 16, 2022. (July 2022)

Title IV-E Reimbursement for Lawyers

Reimbursement is available for courts, court partners, and tribes through the Families First Prevention Service Act (FFPSA) and Title IV-E for pre-petition legal advocacy and building a multidisciplinary legal team. (July 2022)

Improved Civil Court-Ordered Treatment Responses

Recommendations on the approach and concepts to develop a model law for civil and criminal approaches to optimizing outcomes for persons with mental illness. (July 2022)

Access to Treatment for Adolescents

Early detection and treatment of mental health concerns for adolescents is key to preventing negative impacts and long-term effects. (June 2022)

Behavioral Health in State Courts-Prevalence of SMI and SUD

Data showing how individuals living with serious mental illness and/or substance use disorders are overrepresented in the courts. (Updated June 2022)

Excerpts from Helping Children Impacted by SUD

Children who have a parent with an SUD are more likely to experience trauma that can last a lifetime and puts children at an increased risk for developing mental health and substance use disorders. (June 2022)

Psychiatric Advance Directives

An emerging tool for achieving the balance between self-determination and the need for involuntary treatment is the Psychiatric Advance Directive (PAD). (June 2022)

Certified Community Behavioral Health Clinics and the State Courts

The CCBHC model, advice to the national court community on how to engage the CCBHCs in court operations, and links to a more comprehensive publication. (December 2021)

Overview of Leading Change Guides and Behavioral Health Resources

A wealth of resources for state and local courts developed by the National Judicial Task Force to Examine State Courts' Response to Mental Illness to address and improve the response to individuals with serious mental illness who are court-involved. (June 2022)

What State Court Leaders Need to Know About State Behavioral Health Systems

Understanding the complexity of state behavioral health systems is an important step in strengthening the state courts’ relationship with their behavioral health authority. (June 2022)

Secondary Trauma and the Courts

Justice systems that aim to be trauma-informed must recognize and understand the impact of secondary trauma on judges, employees, and other practitioners in the system. (June 2022)

Trauma and Trauma-Informed Responses

Understanding trauma and applying trauma-informed responses helps judges to more effectively engage court participants and increase their likelihood for success. (June 2022)

Peers in Courts

All courts should consider hiring peers into their programs, services, and operations. This brief describes different types of court peers, their roles, lessons learned from the field, and links to additional resources. (June 2022)

Competence to Stand Trial Systems-Questions to Ask First

As state courts consider initiating reform in their competency to stand trial systems, they should first be sure that they have a clear understanding of how the current system operates. (May 2022)

Juvenile Justice Mental Health Diversion

Well over half of youth who come into contact with the juvenile justice system have a mental health disorder and most could be better served outside the system. (March 2022)

Statewide, Regional, and Trial Court Behavioral Health Positions Recommended

Examples of how various stakeholders have increased their states’ capacity to lead change through a variety of behavioral health positions. (December 2021)

Behavioral Health Commissions and Task Forces

Various models of state commissions, the leadership, composition, structure, and organization, and whether it is established by order, proclamation, or statute. (November 2021)

Statewide Behavioral Health Recommended Positions

How state court leaders are providing the necessary leadership to examine and improve state courts’ response to mental illness. (November 2021)

What We Have Learned and What We Must Do!

How jails have become the de facto mental health and substance use disorder care systems and what can be done to change the system. (July 2021)