Part 1
Why FASD should be recognised as a ‘developmental disability’ that has implications for the Criminal Justice System: Identifying the need for services.
An introduction to neuropsycology as a 'developmental disability' and its application in legal settings.
The neuropsycology and behavioural profile of FASD.
This presentation will examine the facts that FASD is a permanent disability. It’s a severe developmental disability. FASD is not a disorder that children outgrow.  FASD is a lifetime disorder that starts at birth and lasts the lifetime. Neurodevelopmental, neurocognitive, and neurobehavioral deficits may get worse over time if suitable help is not provided. Health services place an over-reliance on the IQ level which is not an adequate measure of FASD unfairly denying services to children and adults. Measuring the IQ can be misleading, as people with FASD have lower adaptive behavioral scores. Most state agencies argue that the low adaptive deficits are ‘behavioural’ or based “solely on psychiatric issues.” Without services from agencies and supported special education services most children with FASD will develop secondary disabilities and often end up in the criminal justice system.
THE DSM-5 reports that 90% of individuals with a history of prenatal exposure (FASD) will have co-morbid psychiatric conditions often referred to as secondary disabilities! There are a host of clinical difficulties including impulsivity, oppositional deviant behavior, mood disorders, and addiction problems including suicide risks. Research suggests that individuals with FASD have an increase in lifetime suicide attempts relative to the general population. The diagnosis of psychiatric disorders is secondary to the permanent brain damage that these children are born with and the neurocognitive and neurobehavioral disorders are not caused solely by psychiatric issues. Criminalising the disability leads to further adversity and a revolving door can be created. Recognising FASD, accommodating it in legal processes and ensuring supports are put in place can significantly lessen the risk of reoffending and ensure the integrity of the legal process.
Part 2
Stamping Out Stigma: Establishing the Maternal Alcohol History through Interviews and Investigation
Case examples
The results of successfully identifying defendants with FASD in the legal process.
In 2012, the American Bar Association passed a resolution  advocating for “training to enhance awareness of Fetal Alcohol Spectrum Disorder (FASD) and its impact on individuals in the child welfare, juvenile justice, and adult criminal justice systems and the value of collaboration with medical, mental health, and disability experts.”  The resolution further urged “the passage of laws, and adoption of policies at all levels of government that acknowledge and treat the effects of prenatal alcohol exposure and better assist individuals with FASD.”  
The need for increased awareness of prenatal alcohol exposure (PAE) and the difficulty in establishing the “maternal alcohol history” was endorsed in another resolution passed by the Canadian Bar Association in 2013. In this resolution, the Canadian Bar urged the Federal Government to amend the criminal code so that the diagnostic requirement for evidence of PAE may be waived by the court if there was a good reason such evidence is unavailable.
This lecture will describe the difficulties in establishing the maternal alcohol history when the birth mother may deny alcohol use when not approached sensitively or may be unavailable. It will also explain how to establish the “maternal alcohol history” through interviews of family members and review of documentation. It will also discuss the stigma and fear in revealing such information.