Howdy, I am new to this group and like many of you I feel very
alone in dealing with my sons disorder. I have found out the hard way
for my son that ADD is virtually ignored by the courts as a
mitigating factor in juvenile cases. I've read enough on the subject
to see that the research on the subject of juvenile delinquency shows
a definete correllation between juvenile delinquency cases and ADD.
The reason the courts ignore ADD is probably because no one has
forced the issue through the courts. ADD is more than a learning
disorder. One of the benchmarks of this disorder is the impulse
control element. It is not unreasonable to accept the fact that
children get in trouble with the law because they lack the ability to
think adequately about their actions, they simply act without
considering the consequences. This is a normal childhood trait. Most
children are able to avoid trouble but many simply cannot help
themselves thus we have age limitations on child prosecutions.
Children with untreated ADD have to deal with an elevated loss of
impulse control above and beyond that that is normal for all
children. Todays courts ignore this fact for the most part.
Professional people who's job it is to deal with children are
ignorant of the elements of this disorder that may contribute greatly
to a childs behavioal problems,this must be changed. The laws must be
amended to take into account that ADD is a mental disability.
Children should not be punished for acting out while under the
influence of an untreated mental disability that has a direct and
proven link to a childs ability to think about all the consequences
of their actions. It is not an excuse it is a medical fact.ADD exists
it is a disability and children who are untreated for this condition
are simply not capable of rational thought at times, they get an idea
in their heads and act on it It simply is not their fault that their
brains do not function normally and it is outrages that our courts
continue to disregard this factor when dealing with children. If
anyone has any links or papers that demonstrate that a court anywhere
in this country has considered ADD a mental disorder and is a
mitigating factor in a delinquency case I would certainly like to
here from you. I am not making excuses for my son. He has a mental
disorder he is not fully responsible for his actions he deserves a
chance for treatment before he is thrown into the jaws of our
juvenile justice system.