Cherishing children is the mark of a civilized society.1

—Joan Ganz Cooney, Chair, Children’s Television Workshop

Youth with fetal alcohol spectrum disorders (FASD) are at high risk of getting into trouble with the law.2 They face many

 challenges that make them vulnerable to criminal activity,3 such as:

• Being easily influenced by peer pressure

• Lacking im

• Not unde

pulse control

rstanding cause and effect

• Not learning from mistakes

• Making poor decisions

• Having memory problems

• Difficulty understanding future consequences

WHAT ARE FETAL ALCOHOL SPECTRUM • School records

DISORDERS? • History of services received (e.g., therapy)

“FASD” is an umbrella term describing the range of effects • Prior involvement in the juvenile system

that can occur in an individual who was prenatally exposed

A diagnosis of an FASD does not mean that your child will not to alcohol. These effects may include physical, mental,

be tried or will not be tried as an adult.5 However, it may be behavioral, and/or learning disabilities with possible lifelong

considered in the judicial decision making process and could implications. FASD is not a clinical diagnosis. It refers to

result in a lighter sentence, especially if the offense is minor.6

conditions such as fetal alcohol syndrome (FAS), alcoholrelated neurodevelopmental disorder (ARND), and alcohol- A history of problems with the law can provide clues

related birth defects (ARBD). regarding your child’s cognitive, social, and adaptive

H D FASD A M C ’ functioning. If your child’s offenses are minor and/orOW OES FFECT Y HILD S

E W J S ? involved responses to peer pressure, the court may use a XPERIENCE ITH THE UVENILE YSTEM diagnosis of an FASD as a basis for a lighter sentence.

Youth with an FASD have a high desire to please people in

authority. Your child may confess to an offense in order to WHAT HAPPENS WHEN MY CHILD GETS IN

stay on the good side of police. They may add things they’ve TROUBLE WITH THE LAW ?

heard elsewhere. This is why it is important to have an Procedures vary by State. It is best to consult an attorney

attorney present during questioning, and a family member familiar with the juvenile justice system in your area. Make

or professional familiar with FASD. the attorney aware of your child’s FASD and how it affects

W rHAT IS COMPETENCY?

his or her capacity to participate in the legal p ocess.

In general, procedures in the juvenile justice system include: Competency refers to a person’s ability to understand the

charges and to aid in his or her defense. A competency • Police contact. Kids with an FASD are more likely to be

evaluation, by a professional familiar with FASD, may be arrested for an offense because they don’t know how to

needed to determine whether the youth with an FASD can respond to the police.

face an adjudication hearing. State laws vary, but in most • Arrest. A youth can be arrested, brought to a police

States, children under the age of 12 are usually presumed not station, or summoned to appear in court, any of which

to be competent.4 Competency evaluations should examine can be terrifying for someone with an FASD. It helps

maternal drinking and include information such as the youth’s: for a parent to be present to keep the child calm.

• Medical and family history • Police questioning. If a minor is questioned without

• Home environment parental consent, the information collected might not

FETAL ALCOHOL SPECTRUM DISORDERS:

WHEN YOUR CHILD FACES THE JUVENILE JUSTICE SYSTEM

WHAT YOU NEED TO KNOW
be usable as evidence. Teach your child to request an Youth with an FASD might not understand their rights or

attorney or parent if questioned by the police. remember what they hear. It is important to talk to the police

• Case disposition. Your child may be ordered to attend and to the attorney about what happened during arrest and

hearings. If the court finds your child guilty, he or she will questioning to make sure the child’s rights have not been violated.

be sentenced. The judge usually gets recommendations HOW CAN I HELP MY CHILD?

from probation officers or defense attorneys before You can advocate for your child by being available at any sentencing. In some cases, the accused can agree to plead police questioning and advising your child’s attorney guilty to a lesser offense. A plea agreement is not binding about FASD. If your child is sent to a juvenile facility, on the court but may influence the judge. Possible you can speak with the staff about FASD. You can dispositions are community service, restitution, or work with your child’s school and the facility to make mediation. These allow the youth to make up for the sure that your child’s educational needs are met. You may offense without facing detention. need to provide a copy of your child’s Individual Education

• Decisions to decline or retain. In some cases, the prosecution Plan.

may try to have your child tried as an adult. This is known

You might want to have your child carry an information card as declining the case because the juvenile court declines to

to give to police. (You can find a sample card at handle it. A decision to retain means the case stays in the

www.depts.washington.edu/fadu/legalissues/policecard.html.) juvenile system. An FASD diagnosis can be used to argue

7 The card describes FASD and alerts the police that the child is that your child should remain in juvenile court.

not waiving any rights and is not capable of waiving any rights.

• Aftercare. Parents may want to seek an appropriate

You can also ensure that your child receives an adaptive aftercare program to provide supervision, monitoring, and

functioning evaluation. This can help lawyers and judges figure services when the child returns from a residential or

out the best way to handle your child’s case. correctional facility.

W A M C ’ R ? The most important thing you can do is to be there for your HAT RE Y HILD S IGHTS

child and help attorneys, judges, and others in the juvenile

Your child has the right to: justice system understand FASD.

• Have a lawyer, regardless of ability to pay

RESOURCES

• Refuse to talk to police, sign any papers, or share information

SAMHSA FASD Center for Excellence. 2005. What You Need until he or she has spoken to a lawyer

To Know: Understanding Fetal Alcohol Spectrum Disorders:

• Understand the charges

Getting a Diagnosis. Rockville, MD: fasdcenter.samhsa.gov

• Plead not guilty and be given a hearing

Minnesota Organization on Fetal Alcohol Syndrome, 2004.

• Appeal the court’s decision on the case Tools for Success: Working With Youth with Fetal Alcohol

• Offer ideas for consequences if found guilty Spectrum Disorders in the Juvenile Justice System. A Guide

for Parents and Caregivers.

REFERENCES

1. www.famousquotes.com (December 2006)

2. Streissguth, A.P.; Bookstein, F.L.; Barr, H.M.; et al. 2004. Risk factors for adverse life outcomes in fetal alcohol syndrome and fetal alcohol effects. Journal

of Developmental and Behavioral Pediatrics 25(4):228-238.

3. LaDue, R., and Dunne, T. 1995. Legal issues and the fetal alcohol syndrome. The FEN Pen 3(4):6-7.

4. LaDue, R., and Dunne, T. 1996. Capacity concerns and fetal alcohol syndrome. The FEN Pen 4(1):2-3.

5. State v. E.A.J., 67 P.3d 518 (Wa. Ct. App.2003).

6. In the Matter of the Welfare of G.A.R.B. 2004 WL 51814 (Minn. App.)

7. LaDue, R., and Dunne, T. 1996. Issues in the legal realm: Fetal alcohol syndrome and the decision to decline or retain. The FEN Pen 4(2):2-6.

DHHS Publication No. (SMA) 06–4241

Printed 2007

www.stopalcoholabuse.gov

Stop and think. If you’re pregnant, don’t drink.

For more information, visit fasdcenter.samhsa.gov or call 866-STOPFAS.