Autism Parenting Magazine Issue 87 (Member's Dashboard) | Page 12

AUTISM ADVOCACY The majority do not understand autism, and the criminal justice system has not yet established laws addressing autism. Some state courts may have programs designed to divert and treat offenders with mental illness. But, because autism is a neurological and developmental disorder, it does not qualify as a mental illness. visioned the possibility that their children could be arrested, prosecuted, and even imprisoned. And the only true common denominator among these of- fenders is that they have autism. So, how did this happen? What led to this moment, and what does every parent need to know in hopes of preventing such a catastrophic event? The Early Years We know, as parents, the exasperation of dealing with a toddler who is in the throes of a tantrum or a meltdown. We may see hands flailing or toys thrown. As our children with special needs get older, we still may excuse what we’ve come to know as meltdowns because our children just can’t help it. But the pic- ture changes when those all-too-demanding behav- iors continue into teen and adult years. Then, melt- downs can be deemed dangerous or threatening. That’s why we must be proactive about offering our children skills and tools to avert triggers and man- age meltdowns. Common Offenses In my years of representing criminal defendants with autism, I have found the most common offenses to be harassment, stalking, sexual assault, and child pornography. Oftentimes such behavior first rais- es its ugly head when children are tweens or teens with overactive curiosity, lack of empathy, “theory of mind,” and dysregulation—all typical of children with autism. Four Easy Tips Below are easy tips to implement early on: 1. Monitor your child’s computer access early on, keeping the computer in a common area of your home 12 | Autism Parenting Magazine | Issue 87 2. Encourage your child to ask questions by pro- viding a safe, non-judgmental home environ- ment 3. Find ways to stay connected with your child regularly 4. Limit computer time, other than school work, to one or two hours a day A Legal Perspective To better understand how your child could land in a courtroom or a prison, you need to know how the legal process approaches autism. Police officers, attorneys, prosecutors, and judges are confronting unchartered territory with the in- creased encounters between law enforcement and those with autism. The majority do not understand autism, and the criminal justice system has not yet established laws addressing autism. Some state courts may have programs designed to divert and treat offenders with mental illness. But, because au- tism is a neurological and developmental disorder, it does not qualify as a mental illness. That’s why de- fending those with autism is a novel challenge that requires an intimate understanding and insight into how those with autism act and think. It’s Not What It Looks Like One of my most rewarding cases involved a 21-year- old male arrested for stalking. It all started when he was sitting behind the wheel of his parked car for hours outside the victim’s home, binoculars in hand and food on the passenger’s seat. A concerned neigh- bor called the police. The police arrived, ordered the driver out of the car, and proceeded to arrest him. When I asked my client if he understood why what he did was wrong or illegal, appearing obviously puzzled, he answered, “No.”