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8008 ACCESSING EDUCATIONAL, RESIDENTIAL, ADULT SERVICES AND CUSTODY WHEN AUTISM IS A CONSIDERATION


Friday, July 10, 2015: 2:30 PM-3:45 PM
Room Number: 104 (Colorado Convention Center)
MP3 Recorded Presentation

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Panel presentation will be represented by an Expert Witness, Attorney and Superior Court Judge [Family Court] who have successfully presented/adjudicated Custody recommendations, Education and Residential Services and/or Adult Services. Time will be allotted for questions from attendees to help make the presentation more functional/applicable to their specific needs.

The presenters on this panel will be a federal and state court certified expert in autism and related therapies; a special needs attorney who specializes in matters of a broad nature regarding autism and related disabilities; and, a parent and Superior Court Judge who has presided/adjudicated case related to the physical and legal custody of children and adults with autism.

During the presentation, attendees will be presented with the Due Process procedures for petitioning the courts for a Free and Appropriate Education [FAPE] and Residential Services for their children or clients. Specific case law will be presented as well details of how an expert and attorney need to prepare for testimony in such cases.

Attendees will also be presented with cases that the panel members have prevailed in that have enabled individuals with autism to receive appropriate day and residential services as adults. Case law and federal laws associated with the rights of adults with disabilities will be addressed including; the ADA [Americans with Disabilities Act]; SSI and SSDI [Social Security]; Vocational Rehabilitation Act [Sec. 504] and the more recent Act before Congress, the ABLE Act which offers to adjust upwards the amount of funds a person with a disability can hold and still be eligible for public assistance.

When it comes to issues divorce related, attendees will be presented with the 9 Jones-Holmes criteria for determining Legal and Physical Custody of a child[ren] with Autism. These criteria are being used more frequently in courts across the nation as they try and make more informed decisions for legal and physical custody and visitation schedules when autism is a consideration. There will be a focus on Parens Patriae [Latin for "parent of his or her country." The power of the state to act as guardian for those who are unable to care for themselves] which is the foundation for all court decisions related to children and others deemed incapable of making informed decisions for their own health, safety and, in general, activities of daily living and how this applies to autism.

Time for questions from the attendees regarding specific cases they are involved in will be addressed by the panel in order to make more personal/functional the presentation for those in attendance.  

Learning Objectives:

  • Analyze the Due Process procedures for petitioning the courts for a Free and Appropriate Education and Residential Services for their children or clients
  • State methods of case law that enable individuals with autism to receive appropriate day and residential services as adults
  • Identify the 9 Jones-Holmes criteria for determining Legal and Physical Custody of a child[ren] with Autism

Content Area: Transition Planning and Options for Adulthood

Presenters:

David L. Holmes, Ed.D., BCBS, BCAP
Chairman/ CEO
Lifespan Services, LLC

Dr. David L. Holmes is a Board Certified in Behavioral Science and is a Forensic Examiner. He is the immediate past president and founder of The Eden Family of Services and past chair of the Autism Society's Panel of Professional Advisors.

Ira M. Fingles, Esq.
Partner
Hinkle , Fingles and Prior, Attorneys at Law

Ira M. Fingles has devoted his entire legal career to the representation of individuals with disabilities and their families. Ira is Immediate Past President and Current Vice President of the Autism Society's Greater Philadelphia Chapter. He is a member of the Pennsylvania, New Jersey and Florida Bar.