Annual Report 2012: Spain’s National Preventive Mechanism
The medical or psychiatric
criteria to justify the
reasons for therapeutic
custody are not clear
The «Teresa de Calcuta»
center is the only one in the
Community of Madrid that
has a therapeutic or mental
health module
At the «Zambrana» center
lack of a clear distinction
between the therapeutic
custody unit and the others
was noted
126
160. Two of the centers visited, namely «Teresa de Calcuta» and «Zambrana»,
have specific units for serving therapeutic custody measures. On the day of the
inspection visits, «Teresa de Calcuta» had 24 juveniles in the therapeutic regime
(19 for mental health and 5 for drug addictions) and «Zambrana» had 4 (2 for
mental health and 2 for drug addictions). Although the «Las Palmeras» center
does not have a therapeutic unit, an ad hoc treatment had been established for a
female juvenile in therapeutic custody. According to the reports of the external
experts, the files of minors in custody with therapeutic regimes at those centers
did not clearly reflect the medical or psychiatric criteria to justify sending these
adolescents to this type of unit, given that «therapeutic custody» is ordered in a
judgment, with prior diagnosis and assessment of the juvenile by social services,
but not by mental health professionals. In the opinion of the psychiatrists on the
inspection teams, given that there was no prior medical or psychiatric diagno
sis, it was not clear what condition was to be treated, and it seemed that the
custody regime was applied to formally comply with the provisions of the court
judgment.
The «Teresa de Calcuta» center is the only center in the Community of Madrid
that has a therapeutic or mental health module. Given that it only has 24 places,
this means that less than 1% of juvenile court sentences in semi-open or closed
custody include admissions to a therapeutic unit. The criteria that justify send
ing an adolescent to this type of unit are not clear. In all the medical records
consulted at the «Teresa de Calcuta» center, the external experts noted that they
contained appropriate psychiatric diagnosis and considered that overall minors
in custody are medicated little, especially in comparison with the treatments
they had prior to entering the center. All of these points highlight a notable ther
apeutic policy on the part of the professionals and the obvious fact that the insti
tution itself serves to contain the minors, as it offers an environment in which
higher dosages of medication are not necessary. In respect to psychiatric diagno
ses, all of the medical records consulted contained appropriate diagnosis pre
scriptions.
At the «Zambrana» center lack of some differentiation of the therapeutic custody
unit from the others was noted. The minors and professionals interviewed at the
center did not have a clear idea of the differences involved in being assigned to the
therapeutic unit, and did not see it as a unit having a specialized or therapeutic
mental health program. In fact there are no differences between the intervention
with a minor in therapeutic custody and the intervention with any other minor
at the center in need of psychiatric attention. The professionals interviewed
pointed out that due to the personalized attention provided, the therapeutic unit
was for all minors who needed it. This was verified during the inspection visit,
since of the total of 66 minors in custody, there were only 4 places in the thera
peutic custody unit, and about 30 minors were being monitored and the psychia
trist saw them as a minimum once a month.
THE OMBUDSMAN OF SPAIN
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