A legal review of autism, a syndrome rapidly gaining wide attention within our society.

I. INTRODUCTION The word autism is derived from the Greek word "autos" which means "self" and describes conditions in which a person is removed from social interaction, that is, an isolated self. (1) Unlike many other brain disorders, Autism Spectrum Disorder ("ASD") "does not appear to be a clear unifying mechanism at either the molecular, cellular or systems level. " (2) "Because autism is characterized by groups of symptoms and signs even in its narrowest conception, it is a highly variable neurodevelopmental syndrome and not a unitary condition. " (3) Thus, the saying goes that if you have met one person with an ASD, you have only met one person with an ASD. In this article we shall discuss ASD diagnosis and treatment, developments in State autism insurance programs, and a variety of litigation issues arising from the education of ASD students including the provision of a free and appropriate education, unlawful transfer policies, denial of tuition reimbursements, limitations of Applied Behavioral Analysis ("ABA") therapy, confinement in the "Autism Intervention Room," and bullies in the classroom. (4) In addition, we will examine tort litigation involving vaccine design defects, premature deliveries and low birth weight as a possible cause of autism, and failing to warn of the violent behavior of ASD students. (5) We shall also discuss guardianship and the least restrictive means doctrine, maintaining control and the need for periodic review. (6) We shall also discuss family law issues including the relocation of the parent with sole custody and what is in the best interests of the ASD child including the availability of services and extended placement. (7) We shall also discuss criminal law issues involving the perceived anti-social behavior of persons with ASD and how to establish intent and guilt. (8) Finally, we shall discuss violence in the home directed towards ASD children. (9) Public Awareness In 2007, the United Nations General Assembly passed a resolution declaring April 2 "World Autism Awareness Day. " (10) In 2011, President Obama followed suit, declaring that each April 2 would be World Autism Awareness day in the United States and stressing that "autism is an urgent public health issue with a profound impact on millions of Americans. " (11) Thereafter, numerous state governors and local officials proclaimed April as Autism Awareness Month, publicly recognizing the individual and unique needs of those with developmental disabilities. (12) In 2013, President Obama commemorated World Autism Awareness Day by announcing the launch of a $100 million Brain Research through Advancing Innovative Neurotechnologies ("BRAIN") Initiative "designed to revolutionize our understanding of the human brain" and "to help researchers find new ways to treat, cure, and [potentially] prevent brain disorders, such as[, inter alia, autism]. " (13) Societal Costs ASDs impose enormous financial and personal burdens not only on the families of an ASD individual, but also on society as a whole. (14) The financial costs to families and service agencies for providing the appropriate multi-faceted treatments, interventions, and services are significant, and because of the pervasive nature of the disorder, these costs are often required in some form during the ASD individual's lifetime. (15) Yet, the costs to society for not providing treatment are even greater. An ASD is a lifelong condition: "Assuming prevalence stays flat in the future, the population of adults with autism is expected to rise 625 percent by the year 2030 (compared to 2010). " (16) According to the United States Department of Labor, the labor force participation rate for individuals with disabilities is only 20.5 percent. (17) The impact of ASD will be increasingly realized by society as ASD individuals mature out of infancy, as "[t]he substantial costs resulting from adult care and lost productivity of both individuals with autism and their parents have important implications for those aging members of the baby boom generation approaching retirement. …