Save every evaluation, IEP, etc., that’s ever been done on your kid
I didn’t. Don’t make my mistake
Welcome back, friends! Thank you for being here and for sharing this newsletter. I appreciate you so very much.
If your autistic adult child is charged with a crime, there are a variety of items your defense attorney might request copies of. He or she is not being nosy, they’re trying to get a full picture of your loved one so they can best defend them.
The following is by no means a complete list, and your attorney may request something ours didn’t, but it’s a good start. I share it here in the hope that, if you’re about to go on the spring cleaning spree of a lifetime or have ever considered shredding all the files you undoubtedly have on your child, I will catch you in time to stop you.
All IEPs. Don’t make the mistake I did and throw these away. School systems only keep them for about seven years after high school graduation so, if your copies are gone, they can’t help you.
All psychological and/or psychiatric evaluations, whether they were done by the school system your child attended or a professional separate from that environment. If there’s something you can’t find but can recall who did the testing and when, there's a good chance you’ll be able to get copies of the necessary paperwork. I say this because one of the evaluations I needed to find for my son was missing and the place we’d taken him for testing when he was 12 had even changed names. But I called and they were able to help me. Always call or email, even if it’s a long shot. You’d be surprised how many people are happy to help.
All educational evaluations including IQ tests.
Records from speech therapists, occupational therapists, etc.
A complete list of current medications.
Records of all hospitalizations, in-patient, or out-patient treatment programs as pertain to your child’s condition. (And by that I mean, if he broke his leg and was hospitalized, they don’t need that report so save your money. Copies are expensive as is having everything scanned to a flash drive.)
All medical records from your child’s primary care doctor.
Beyond this list of items, your attorney will request or the court will more likely order your adult child to undergo a new evaluation. They ordered one for my son and required him to attend a sex education class as he was charged with solicitation. My son’s evaluation was conducted by a psychiatrist, in person, over the course of an afternoon, and cost $7,000. And that was on top of the $100,000 we paid our attorneys. The sex ed class was conducted by two trained human sexuality educators, over Zoom, for a total of 16 sessions, and cost $2,200. Again, on top of what we paid our attorneys.
Finally, your attorney will ask you to draft a parental narrative about your child. The narrative is your story of your child’s entire life, from birth up until the time of his arrest. It should include everything you can remember: when you first noticed something wasn’t quite “right” about your child, what their toddler years were like, what school was like for them, any incidents of bullying or being taken advantage of, all of it. The more you can pour into that document, the better. In my son’s case, I did three drafts before our attorneys felt it was ready to be shared with the prosecutor. Unfortunately, your attorney will want this narrative as quickly as possible and you, who’s still reeling from the shock of your child’s arrest, might very well have a tough time writing it. It’s completely understandable but, you’ve got to do it. Your child’s future hangs in the balance.
Thank you for subscribing to LAWTISM: Autism. The Law. And What Parents Need to Know via Life on the Inside. I appreciate all of your comments and feedback and urge you to share this resource. See you next week!
