Welcome to Autism and the Law

What Parents Need to Know

In April 2023, I got a phone call no parent wants to receive. It was my 31 year-old autistic son, calling from the Rappahannock Regional Jail in Stafford County, Virginia. He’d been arrested and charged with solicitation. 19 months later, I’ve learned things I never knew or wanted to know. And that’s where this newsletter comes in.

As I have already done so much research on autism and the criminal justice system — quizzed our attorneys until I’m certain they wish they charged me more, spent hours and hours reading policy, reviewing studies, listening to podcasts, finding experts, perusing reports, and reading dozens of articles and books on the topic — my mission is to share what I’ve learned with other autism parents because no one should have to start at ground zero during such a terrifying time.

And it is terrifying.

If your autistic child is arrested, there are things you need to know immediately. There are things you need to do immediately.

I didn’t know any of the must-know, must-do things when my son was arrested, and if I can help one parent arm themselves and thus better advocate for and protect their loved one, every hour I’ve spent on research will have been worth it. And if, by any small chance, I can affect some change in the way our justice system treats those with autism, I can (someday, not today, please God!) go to my grave a happy girl.

To be clear, I am not an attorney. I’m just a mom and wife and writer. None of this is legal advice. But I promise to tell you how to find expert legal advice should your autistic child be arrested (and many other crucial pieces of information) in this newsletter.

And on that note, I’ll start with this tip.

Introduce your autistic adult (child, teen) and yourself, to your local law enforcement officers. If your ASD individual will go with you, pay an in-person visit. If not, call. Share your child’s name, where he or she lives, how old they are, whether they’re verbal or non-verbal, their unique behaviors, how they are apt to react if frightened or touched, if sounds are too loud or lights are too bright. Police officers are trained to see certain behaviors (lack of eye contact, rocking) as suspicious and sadly, many of those behaviors are the hallmarks of autism. You know your child best. Make a list of their behaviors from the perspective of law enforcement and pay a call to your police department. The best defense is a good offense.

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“Many youth with disabilities are in contact with the justice system for minor offenses that are often related to conduct that is a manifestation of an unrecognized disability or an identified disability that is not being appropriately addressed. Because many disabilities are not visible, law enforcement personnel may believe they are interacting with a neurotypical individual without considering whether or how disability is involved.”

Disability Inclusion Training Brought to You by The Arc and the COPS Office, March 2024 | Volume 17 | Issue 3

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Thank you for reading Autism and the Law: What Parents Need to Know. I am open to comments and suggestions and hope you’ll leave me some. I’m also here and happy to help should you need advice or someone simply to listen. You can reach me at susanmccorkindale@gmail.com.

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Have a wonderful week. And may your phone ring with good news only.