"Wayward and noncompliant" people with mental disabilities: What advocates of involuntary outpatient commitment can learn from the juvenile court experience with status offense jurisdiction

Abstract

This article recommends that proponents of involuntary outpatient commitment (IOC) reconsider the whole concept in light of the cautionary tale of juvenile court jurisdiction over status offenders. First, it reviews the history of status offender jurisdiction, identifying the unintended but serious negative consequences of attempts to protect and control noncriminal but "wayward" children whose common characteristic is their resistance to authority. Next, it draws parallels between status offense jurisdiction and proposed IOC of adults with mental disabilities who are "noncompliant" with treatment. This article predicts that IOC will have the same enforcement problems as status offense jurisdiction, including escalating and, too often, fatal responses to "noncompliance" by judges and police.