The Special Legal Needs Associated with Autism, Part One

By Jill Flagg

As a mother of a son with autism, I chronically worry about my child. My son David speaks but he has difficulty conveying his wants and needs in an appropriate way. If I ask him a question, he often repeats the question back to me instead of answering it. When he has trouble using words, he throws fits that include biting, pinching, hitting, and kicking. During these fits, he is in a trance-like stage. I can’t bribe him out of his fit with offers of candy or threats of time-out.
David has no sense of dangerous situations. I cannot communicate to him the concepts of boundaries, injury, death, or danger. If left to roam free, David would walk out into traffic. When there is a pool or a lake around, I follow him closely. David would step into a body of water without hesitation. I often dream that David has fallen into a lake and I have to dive in to rescue him.
Like many children with autism, David has sensory issues. David does not tolerate the sound of buzzing, like that heard in a hair salon or a dentist’s office. Consequently, David will fight during a haircut or dental appointment. We quickly become the center of attention to the people at these places. Some of the people look at us sympathetically and try to help while others seem to judge us. Their eyes and behavior seem to say, “you are not a good parent because you can’t control your child” or your child is “bad.” I’d like to think I handle these situations with grace but the reality is that I am embarrassed. I find myself explaining to everyone that my son is autistic. I usually try to give them a short class on autism as if they could understand the disability in that short period of time. If they could just understand, I would become a “good parent” and my son’s odd behavior would suddenly make complete sense.

http://www.autistics.org/library/whatis.html

David is four years old and I am not the only person who has contact with him on a daily basis. He goes to a preschool where he sees two preschool teachers, a special education teacher, a speech therapist, an occupational therapist, dozens of other children, and other parents. David also sees a private speech therapist, a neurologist, a pediatric dentist, and a pediatrician among other service providers. I can’t be with him all the time. Pretty soon, I won’t be able to hold him for a hair cut or explain to onlookers that he is autistic. In the future, David will be exposed to other teachers, employers, police officers, etc. When I am not around, he may be near pools, lakes, traffic, fire, etc. David needs protection.
The bottom line is that many autistic people are vulnerable. We trust that our autistic family member is cared for in his or her school or facility. However, that is not always the case. An autistic person may have trouble communicating that he or she is hurt, hungry, anxious, unable to breath, etc. Autistic people are more susceptible to injury and death from drowning and may not appreciate the danger of certain situations.

http://www.associatedcontent.com/article/2477826/the_risk_of_drowning_in_children_with.html

My firm is dedicated to helping people with autistic family members who suffer injury or death. Many people are vulnerable by reason of age, mental illness, or disability. I am dedicated to fighting for the rights of vulnerable people and caring for the family members who also suffer. As one example, my firm worked tirelessly after a young woman with behavioral problems was killed. Faith Finley was a beautiful and talented 17 year-old girl who was asphyxiated after she was restrained at a facility for troubled youths.

http://blog.cleveland.com/metro/2009/07/faith_finleys_mother_sues_parm.html
http://realneo.us/content/faith-finleys-death-murder-parmadale-family-services-has-not-led-charges-nearly-8-months-lat

If you or your family members find yourself in a situation where your loved one has been injured, please contact me.