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Mentally Ill Children Doing Time Without a Crime

By Tim Murphy, PhD

Jail is no place for a child with mental illness. Yet across America, children who need treatment are instead being locked up in juvenile detention facilities.

Mentally Ill Children - Dr Tim Murphy

Jail is no place for a child with mental illness.

A new report for congress was just released showing many children with mental illness are sent to prison, not a treatment hospital. In some cases, they haven't even committed a crime.

Children eligible for release in 75 facilities across 25 states were held in jails just because they had nowhere to go for treatment. Twenty facilities in 13 states incarcerated children with no charges, or charges that would otherwise not lead to incarceration. One facility in North Dakota reported they held 29 children who had no criminal charges.

The children were unnecessarily jailed between one month and one year.

Why? Because states and counties say they have no where else to put them. That's a crime in itself. We think so little of children with problems that we would rather lock them up than help them. Where is the compassion?

In other cases, mentally ill children go to jail who have been involved in a crime, but their illness and behavior problems worsened in the prison environment. What may have started at a low level problems can progress as prison assaults with guards and inmates occur.

The children may have diagnoses ranging from autism to early signs of psychosis.

Who missed the diagnosis? Who didn't see the symptoms for what they are and get help?

Misdiagnoses are inevitable when mental health professionals and educators don't know what to look for.

Children who appear anxious, are socially isolating and start showing mild or moderate changes in their perceptions and behavior MAY be exhibiting "prodromal" signs of psychosis. One needs to look at several factors, including the use of marijuana in teens which greatly increases the risk of psychosis and schizophrenia. But early signs my appear even without drug use.


Children with severe mental illness need early treatment. Not jail. Not denial. Not misdiagnoses. Not warehousing them in prisons. We have more sympathy for animals in those TV ads showing puppies left in tiny cages.

Once the child's mental illness and behavior deteriorates to the level of committing a crime, or having police called in, the criminal justice system kicks in, and very often that's a path that only knows incarceration, not hospitalization. When your only tool is a hammer, everything looks like a nail.

Incarceration of children with severe mental illness (SMI) is hugely traumatizing and massively exacerbates their mental illness. These children are more likely to be victims of assault in jail.

However, when children get early help for psychosis and schizophrenia their prognosis improves.


I hope congress reads their own bipartisan report. Prolonged Incarceration of Children Due to Mental Health Care Shortages https://www.ossoff.senate.gov/wp-content/uploads/2026/02/26.02.12_Incarceration-of-Youth-Awaiting-Mental-Health-Services.pdf


Teachers, pediatricians, parents and law enforcement need to be trained to identify the early signs. To be able to ask the right questions, and watch for certain behaviors. Although Schizophrenia and psychosis may only be 1.2 -3.5% of the population, they may be 5% of prison population. Persons with mental health problems make up over 64% of county jail population, 54% of state and 45% of federal prisons. And once in prison, most do not receive appropriate treatment, dooming them to worsening symptoms, and poorer prognosis.

Why jail? Because that's where many states send people to get them out of sight. Prison is where the mentally become more ill. And it is phenomenally more expensive than appropriate treatment.


Without appropriate treatment, schizophrenia and psychosis become an enormous problem for patients, parents and society. $366.8 Billion/year. Governments need to be funding care for children, not more jail cells.

If this was your child, what would you want?

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