Presentation Transcript

1. When Custody and Autism Intersect

   Liliana Yazno-Bartle, Esquire The Law Offices of Caryl Andrea Oberman 607A North Easton Road Willow Grove, PA 19090 (215) 830-5025 August 1, 2012
2. What is Autism? Autism is a lifelong developmental disability, affecting both verbal and nonverbal communication as well as social comprehension and social interaction. It is not a mental illness, per se, nor is it simply mental retardation Autism is a pervasive developmental disorder of the brain. While its cause is unknown, its impact on behavior and its additional stress caused upon the family is clear.
3. Autism Autism is also a spectrum. Children are considered to be high functioning to nonfunctioning. The Autism Society of America indicates that autism now affects approximately 1 out of every 100 children born in the United States.
4. What are the Core Symptoms of Autism?
5. Social Interactions & Relationships Problems developing nonverbal communication skills, such as eye contact, facial expressions, and body posture. Failure to establish friendships with peers. Lack of interest in sharing enjoyment, interests, or achievements with other people. (Rigid, inflexible thinking). Lack of empathy. May have difficulty understanding another person's feelings, such as pain or sorrow.
6. Verbal & Nonverbal Communication Delay in, or lack of, learning to talk. Problems taking steps initiating and sustaining a conversation. Stereotyped and repetitive use of language (or echolalia). Difficulty understanding another person’s perspective (humor or sarcasm).
7. Limited Interests in Activities or Play Unusual focus on pieces of an object. Preoccupation with certain topics. Need for consistency and routines. Stereotyped behaviors (body rocking and hand flapping).
8. Children with Autism to varying degrees: Tend not to be resilient with bouncing back after missed visitation period. Tend to be sensitive to the environment and become highly stressed as a result (sensory integration issues, noise, distractions, smells). Tend to have difficulty with transitions or changes.
9. Autism &Custody The best interest of the child is expanded to include a parent that understands and can care for the autistic child in a way that demonstrates that they can meet the increased time commitment and other demands.
10. Custody Determinations Methods of determining custody are altered and must be carefully analyzed by Judges and attorneys when dealing with children suffering from this disorder. Capability and Competency of primary physical parent Educational needs of the child Safety of the child Quality of the child’s education Child’s developmental age Quality of time involved in care giving Nature of physical residence Proximity to specialized school/services ALL of the above must be looked at in more detail by the Courts, and often times there must be a greater reliance on professionals.
11. Factors to Consider Often, one parent in a custody proceeding fails to acknowledge the existence or severity of a disability, or cannot recognize signs of pain, illness or injury. Is the parent willing to increase her/his education about the needs of the child? Does the parent have a history of being an advocate for the child?
12. Minimize Conflict It is absolutely critical to minimize conflicts between the parents with reference to therapy, intervention, behavioral modification, and structure. Practice Tip: Use highly skilled professionals in the field to assist in effectuating a custody/visitation schedule.
13. Parent Questions Practice Tip: Ask your parent-client: What they know about special education. Why they believe it is necessary. What they have done for the child in terms of therapeutic support. What issues of medication exist, if any. What behavioral therapy, if any, is anticipated in the future.
14. Shared Physical Custody Shared physical custody is also affected when dealing with an autistic child. This type of arrangement may not necessarily be in the best interests of an autistic child or a child on the autism spectrum. These children require tremendous consistency and are used to consistency. They often thrive in a more structured environment. The “back and forth” which is often required in a shared arrangement may not work.
15. Special Education &Custody Evaluation Report (ER) and Individualized Education Program (IEP); Non-custodial parent should become involved in the ER and IEP process by becoming an active member of the IEP team. This will serve to educate the non-custodial parent on what the child’s needs are. Practice Tip: Advise your non-custodial parent to notify the IU/school district of joint legal custody status by sharing a copy of the Custody Order.
16. Custody Order Practice Tip: Include language in your Custody Order addressing expanded legal custody rights to include participation in: Evaluation process; IEP process; Access to educational records, including special education records; Participation in behavioral therapy team meetings; Notice of any disciplinary incidents, re-evaluation efforts, IEP meetings, informal meetings, mediation or due process hearings.
17. Remain Flexible Instead of fitting child into your schedule, you need to change your schedule to accommodate the child’s schedule of therapies and/or specialized programming if you are the non-custodial parent. This is especially the case if child is receiving home-based behavioral therapy, Occupational Therapy, Physical Therapy or Speech, Language Therapy or social skills training, or any other related service.
18. Working Out a Schedule When working out a custody/visitation schedule, be aware of the schedule for specialized services the child is receiving, including the frequency and duration. The IEP will provide the frequency and duration, but not the time of day or dates services will be provided. Practice Tip:With the understanding that the schedule of specialized services can change from year to year, include or attach the child’s schedule of services to the Custody Order and request updated revisions to the schedule from the custodial parent.
19. United Front Practice Tip:When participating in meetings with the IU/school district, advise your parent-client to present a united front as much as possible to avoid giving the IU/school district ammunition for future litigation and causing more discord between the parents.
20. Vacations & Holidays Keep in mind that deviations from the regular schedule are difficult for children with autism. Practice Tip: Involve the behavioral team when a vacation is planned ahead of time to start preparing the child for the change in routine. Share pictures of you, a vacation brochure of vacation spot, etc. to familiarize child with what she/he will be exposed to.
21. Q & A