January 16, 2010

Jacksonville, Florida Father Shares His Story of Using Alternative Therapies for Autistic Son

Medical.jpg

In a recent opinion-editorial (op-ed) piece on Jacksonville.com, a Jacksonville, Florida father shared his feelings about the alternative therapies his family pursued for their Autistic child. The man’s Autistic son has been through several alternative therapies for Autism, including vitamin supplements, B12 injections, hyperbaric oxygen therapy, anti-fungals, and other experimental, or alternative, Autism therapies. He reported that his family spent four years and thousands of dollars on what he termed an “uncontrolled, flawed experiment.”

He believes that the Defeat Autism Now! group and doctors and therapists who subscribe to its methods should be approached with caution. Doctors who are the foremost experts in the field of Autism and represent some of the most esteemed medical institutions in the world frequently criticize the group for promoting therapies that have no scientific basis. The man reports that his family decided to cease all experimental therapies several months ago and his son is progressing without any regression. He encourages families to seek therapies for their Autistic children that are based on sound medical evidence.

You can find out more about this family’s path to help their autistic son at Guest column: Be wary of alternative therapies for autism.

Posted by David A. Wolf | | Email This Post

Posted In: Autism , Child Safety , Crimes Against Children , Economic Crimes , Medical Care & Health Issues , Medical Malpractice , Special Needs Children

| Share
January 10, 2010

Fort Pierce, Florida – Man (Christopher Fred Cady) Accused of Shooting Child with Pellet Gun

firearm%20gun%20bb%20gun%20pellet%20gun.jpg

A Christmas gift allegedly turned ugly last week, when a young child was given a toy pellet gun. Unfortunately, the boy (with his new present) shot his cousin who is Autistic. Christopher Fred Cady, age 39, then took away the gun from the child who shot his autistic cousin. According to the news story reported in The Miami Herald, Cady then shot the boy to show the boy how it felt. While the boy was definitely wrong for shooting a helpless and defenseless autistic child, Mr. Cady was not justified in shooting the offending child in the chest to show the offending child how it felt.

According to the St. Lucie, Florida Sheriff’s Department, Cady has been charged with cruelty toward a child without great harm. Read more about this incident at Man accused of using pellet gun on boy as a lesson.

It is not clear what Cady’s relationship was to the children in question, or if either of the children were seriously hurt by the pellet gun shots. What is clear is that the child was either too young or too irresponsible to be given any type of gun for a Christmas present. Even “toy” pellet guns can cause serious harm and children should not be allowed to play with them without strict adult supervision.

Of course, Mr. Cady will be entitled to the services of a Public Defender or a private criminal defense lawyer as to these charges. Witness statements will be taken and reviewed. Mr. Cady will also have the opportunity to present a defense and / or explanations for the events or incidents reported.

If a child is injured as a result of the actions or inactions of another person or child, it is important for parents to know the legal rights of the injured child. A consultation with a child injury lawyer can answer many questions including what laws and statutes apply, the availability of liability insurance, and responsibility for payment of medical bills and other related damages.

Posted by David A. Wolf | | Email This Post

Posted In: Autism , Child Safety , Crimes Against Children , Gun & Firearm Safety and Injuries , Homeowner's Insurance / Injuries at a Home , Special Needs Children , Sport Related Injuries , Violent Crimes

| Share
October 20, 2009

Manatee County, Florida – Father (Ray Berk) Files Suit After Autistic Daughter (Angela Berk) Bitten by Police Dog

Police%20Sirens.jpg

A German Shepherd K-9 unit escaped from Sarasota, Florida Police Officer Sean Gleason and attacked 12-year-old Angela Berk as she rode down the street on an electric scooter. The girl required 14 stitches in her right leg. She was unable to take pain medication because of the interaction with her medication for utism. The dog was allowed to continue working as a K-9 unit until he was retired for old age some time later.

The city offered the family a $15,000 settlement, but the child’s father, Ray Berk, declined the offer and filed a lawsuit asking for more money. Her lawyers noted that her developmental disability makes it more difficult for her to get past the trauma of the event.

Police officers acting as K-9 unit handlers have a responsibility to keep their dogs restrained and under control at all times. The officer was apparently negligent in his duty having left the door of his car open while the dog was unrestrained in the back seat.

Find out more about this story at Police dog attack on child inspires lawsuit.

Posted by David A. Wolf | | Email This Post

Posted In: Autism , Child Safety , Crimes Against Children , Dogs / Dog Bites / Animals / Pets , Negligent Security , Playground & Recreation Injuries , Special Needs Children , Special Needs Children , Violent Crimes

| Share
October 16, 2009

Port St. Lucie, Florida – Teacher Allows Class to Vote Student (Alex Barton) Out of the Classroom

education%20school%20day%20care%20black%20chalkboard%20with%20letters%20capital%20and%20small%20letters.jpg

At Morningside Elementary School in Port St. Lucie, Florkda, a teacher (Wendy Portillo) was fed up with disciplinary issues she had been having with 5-year-old Alex Barton, decided to let the other children in her class vote to decide if the child should be thrown out of class. Alex, who is in the process of being diagnosed with Asperger’s Syndrome, was made to go to the front of the class and listen while each of his classmates was invited to say what they did not like about the boy. Alex lost the vote at 14-2 and was sent to the nurse’s office for the rest of the day.

The child’s mother, Melissa Barton, has filed a complaint, but the state attorney's office has said that the incident did not meet the criteria for emotional child abuse, so no criminal charges will be filed. The Port St. Lucie, Florida Police have documented the claim but are no longer investigating it. Ms. Barton is considering legal action.

Asperger's syndrome is a type of high-functioning autism. Children with Asperger's often exhibit anti-social or disruptive behavior. Because of his disability, Alex has had disciplinary issues. Since the incident, Alex has refused to return to school.

It is absolutely outrageous that a teacher would treat a special needs child this way. Children with disabilities should be treated with extra care and attention, not ridicule and embarrassment.

You can read more about this incident at Teacher lets Morningside students vote out classmate, 5.

Posted by David A. Wolf | | Email This Post

Posted In: Autism , Crimes Against Children , Day Care Centers and Child Care , Education , Education Law , Special Needs Children

| Share
April 7, 2009

Are Autistic Children At Greater Risk for Child Abuse, Neglect, and Negligence Leading to Personal Injuries?

fist%20closed%20fist%20black%20and%20white.jpg

The Florida Times Union (Jacksonville, Florida) newspaper recently published an article titled Are Autistic Children at Greater Risk for Child Abuse? Autistic children frequently have problems communicating. This, in turn, makes it difficult at times to identify abuse that is inflicted by teachers, caregivers, other children, relatives, and, yes, at times parents. A study conducted by the University of Pennsylvania showed that approximately 1 in 5 autistic children were abused from the sample population studied of 156 autistic children.

Recently, a Jacksonville, Florida teacher (Rhona Milton) was arrested for trying to toilet train an autistic student in the classroom. Ms. Milton's methods included tying the student to a chair for several hours at at time at Kernan Trail Elementary School which is in the Duval County School District.

As a Florida child injury attorney, I know that it is often challenging to prove that an autistic child or a special needs child has, in fact, been abused. Without a child to tell the story, there are challenges to proving up the facts on cases of this nature. Nonetheless, investigations by an attorney, private investigator, and / or the Department of Children and Families and other agencies can often times yield valuable information and proof to bring a case forward for personal injuries and related damages to the autistic / special needs child.

Posted by David A. Wolf | | Email This Post

Posted In: Abuse & Neglect , Autism , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Education , School Safety

| Share
February 20, 2009

Court Rules that Vaccine is not linked to Cause of Autism

health%20medicine%20vaccine%20syringe%20and%20vial.jpg

A special vaccine court recently ruled against parents seeking compensation through the Vaccine Injury Compensation Program. It was estimated that more than 5,000 claims were filed by parents and caregivers seeking compensation for damages related to Autism that were allegedly caused by Thimerosal-containing vaccine. The court concluded that the scientific evidence overwhelmingly did not support the claims of the parents on behalf of their children. Litigation on related issues continue. Nonetheless, the ruling in this case was a disappointment to families seeking compensation for injuries that, according to the families, their attorneys, and expert witnesses, were related to vaccines.

You can read more about this story at Court Rules that Vaccine is not Linked to Autism.

Posted by David A. Wolf | | Email This Post

Posted In: Autism , Medical Care & Health Issues , Special Needs Children

| Share
October 3, 2008

Do Florida Children with ADHD (Attention Deficit Hyperactivity Disorder) Qualify for Special Education under IDEA?

854122_back_to_school_1.jpg

Do Florida children with ADHD (Attention Deficit Hyperactivity Disorder) qualify for Special Education under IDEA (Individuals with Disabilities Education Act)? Like many legal questions that I face as a child rights attorney every day, the answer is "it depends". ADHD is not particularly listed as one of the conditions that could qualify a child / student for Special Education under IDEA. These conditions include the following:

Autism
Hearing impairment (which includes deaf children)
Visual Impairment (which includes blind children)
Mental Retardation
Serious emotional disturbances
Traumatic Brain Injury (TBI)
Orthopedic and related physical impairment
Special learning disability
Other health impairment

The United States Department of Education did add ADHD as a condition under "Other health impairment" as noted in the Children with ADD/ADHD -- Topic Brief in March 1999. However, a parent must show that the ADHD alone or the ADHD combined with other noted conditions produces a need on the part of the child for Special Education.


Posted by David A. Wolf | | Email This Post

Posted In: Autism , Education , Education Law , Special Needs Children

| Share
September 26, 2008

Deaf Children - IDEA - Rights of Your Deaf Child in the School System

987821_alphabet.jpg

Having a deaf child in the Florida school system can be a wonderful mainstream experience for your child. Then again, it can be most frustrating if the school does not take measures to properly educate the deaf child and provide necessary resources to insure the success of your deaf child in the school system. I reviewed an extensive study and article on the subject of Deaf Children and IDEA (Individuals with Disability Education Act) that was linked at the American Society for Deaf Children Web Site. Parents of deaf children often times arm themselves with education and studies in order to promote and advocate for their child's educational needs and best interests. Often times, parents need help from a Special Education Attorney ready, willing, and able to enforce of the rights of the deaf child under IDEA and related laws. Addressing the educational needs of a deaf child and other special needs children in a timely, professional and effective manner is paramount to the child's educational as well as social growth and maturity. It is also the law.

Posted by David A. Wolf | | Email This Post

Posted In: Autism , Child Safety , Education , Education Law , Special Needs Children

| Share
September 23, 2008

I Need a Lawyer to Represent My Child's Educational Needs Before a School Board: What Kind of Lawyer / Attorney Should I Hire?

862490_back_to_school.jpg

I am often asked the question, "I need a Lawyer to represent my child's educational needs before a School or School Board. What kind of Lawyer / Attorney do I need?" This is an excellent question. Frankly, Florida Personal Injury Lawyers are easy to find. Watch television or look in the yellow pages. Special Education lawyers / attorneys are not so easy to find. It is helpful to find a Special Education Lawyer in your geographical area. In North Florida, you would look for an attorney in Jacksonville, Orange Park, Jacksonville Beach, St. Augustine, Green Cove Springs, and the surrounding areas. Getting a school and / or school board to educate your child and provide the services required by law can be quite challenging. If necessary, the Special Education Lawyer can request an administrative hearing and get an order to require the school to comply with the applicable federal and state laws regarding your child's educational needs.

Every school district has the legal duty to comply with IDEA (Individuals with Disabilities Education Act). Children that may qualify for special education under this federal law include children with mental retardation, hearing impairment (which includes deafness), visual impairment (which includes blindness), serious emotional disturbance, autism, traumatic brain injury (TBI), special learning disability, or other health impairment.

If you need a Special Education lawyer, contact Wood, Atter & Wolf, P.A., a laws firm "On Your Side - At Your Side."

Posted by David A. Wolf | | Email This Post

Posted In: Autism , Education , Education Law , Special Needs Children

| Share
September 23, 2008

Children with Special Needs - Disabilities Need to Be Educated in Least Restrictive Environment in Florida - It's the Law

933340_crayon_series_1.jpg

Children with disabilities and special needs in both public and private institutions in Florida and the rest of the United States should be educated in an environment that is least restrictive. Federal Law - United States Code - Title 20, Chapter 33, Subchapter II, Section 1412 provides the following:

"To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily."

Special Education Lawyers in Florida represent and advocate for the educational and best interests of children. Even though it can be challenging to accommodate the needs of a child with disabilities and education, the school, administration, and school board still have a legal duty to comply with Federal and State law. Often times, the school system falls short, ignores the needs of the child and family, and needs to be educated as to the law and educational resources and techniques that should be put in place for the child with Special Needs and disabilities.

Posted by David A. Wolf | | Email This Post

Posted In: Autism , Education , Education Law , Special Needs Children

| Share
September 21, 2008

Special Education Law Dictionary - Terms to Know in Dealing with Your Child's Special Education Needs in Florida

1024823_blackboard.jpg

In dealing with your child's special education needs in Florida, it is helpful to know the definitions of key terms utilized by special education law advocates, therapists, educators, administrators and school boards. Some key definitions include the following:

Individualized Education Program (IEP)
a yearly education plan written by teachers, therapists, psychologists, etc. and the child's parents for school age children with disabilities

Individualized Family Service Plan (IFSP)
an education plan written by teachers, therapists, psychologists, etc. and the child's parents for a child birth through 2 years old with disabilities

interdisciplinary team
various individuals from different disciplines that assess children's needs (speech therapist, occupational therapist, nurse, psychologist, etc.)

You can find definitions for other key terms at the Special Education Law Dictionary. While it is helpful to know key terms and their definitions, this knowledge, in and of itself, will not necessarily promote the best interests of your special needs child in the school system. A special education lawyer / attorney / advocate can help guide you through the process. Contact Wood, Atter & Wolf, P.A. for more information. At Wood, Atter & Wolf, P.A. - we are On Your Side - At Your Side.

Posted by David A. Wolf | | Email This Post

Posted In: Autism , Child Safety , Education , Education Law , Special Needs Children

| Share
September 20, 2008

Service Dogs Help Better the Lives of Autistic Children

IMG_5464.JPG

Service dogs help better the lives of Autistic Children. One prime example is Charlie who is owned by friends in California. Charlie was bred and trained by a wonderful organization called the North Star Foundation in Stors, Connecticut. You can read all about Charlie and his adventures at my friend's blog - Charlie the North Star Dog. The North Star Foundation places service dogs with autistic children and special needs children to promote the social skills and other life skills for the child. According to the North Star Foundation Web Site, "We believe there is no better way to teach tolerance than through the eyes of a puppy being trained to help a child find their way to a happy and healthy tomorrow."

I believe that everybody could learn a thing or two about life with a service dog. Hopefully, Charlie the North Star Dog will have years of happy adventures in the future as he betters this world one bark at a time. There is an article about Charlie the North Star Dog and other service dogs at American Kennel Club Gazette - Picking the Lot - Service Dogs Enter A New Specialty - Helping Autistic Children.

Posted by David A. Wolf | | Email This Post

Posted In: Autism , Child Safety , Dogs / Dog Bites / Animals / Pets , Special Needs Children

| Share

David Wolf

Contact Us

Subscribe

Subscribe to the blogs's ATOM feed Subscribe to the RSS feed

Subscribe

Recent Entries

Legal Blogs