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Special Needs Children: A Risk Assessment Model for Developing
Parenting Plans
Daniel Pickar, PhD, ABPP
AFCC Webinar PresentationOctober 16, 2019
Sponsored by OurFamilyWizard
Contact Information for Presenter
Daniel Pickar, PhD, ABPP Email: [email protected]
Website: www.danielpickarphd.com
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Recent Publications by Daniel Pickar, Ph.D. on Special Needs Children
Pickar, D.B., & Kaufman, R.L. (2015). Parenting plans for special needs children: Applying a risk-assessment model. Family Court Review, 52(1), 113-133.
Kaufman, R.L., & Pickar, D.B. (2017). Understanding Parental Gatekeeping in Families with a Special Needs Child. Family Court Review, 55(2), 195-212.
Pickar, D.B., & Kaufman, R.L. (2019). The Special Needs Child After Separation or Divorce: Involving Both Parents in Treatment and Intervention Planning(book chapter). In Greenberg, Saini, & Fidler (Eds.). Evidence-Informed Interventions for Court Involved Families, Oxford University Press.
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Definition of Special Needs Children (SNC)
SNC is an umbrella designation encompassing a staggering array of children with various disorders
“Special Needs” can include children with: Autistic spectrum disorders/Down
Syndrome/Cerebral Palsy ADHD and learning disabilities Serious psychiatric disorders Serious medical illnesses, chronic developmental
disorders, physical disabilities Profound cognitive impairment/Intellectual Disability Sensory impairment
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Specialized Parenting Approaches Most Often Required
For many SNC, “ordinary” parenting skills are insufficient, as they may require extraordinary parenting
These children often place phenomenal demands upon the adults who care for them
SNC children require a very high level of supervision and time-consuming interface with medical, educational, and mental health personnel
If parents disagree on treatment/educational approaches while married, separation/divorce usually magnifies these differences
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“Developmentally-Based” Parenting Plans and SNC
Use “developmentally – based” parenting plans (PP) with caution with SNC
Developmentally based PP’s may be inappropriate, as many SNC function significantly below their developmental age and pose extreme behavioral challenges
In many instances, the need for consistent routine and stability in residential placement and/or the primary need for safety/supervision may outweigh a PP schedule that provides significant time with both parents
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Dramatic Rise In Children/Teens With Special Needs In Last 15
Years
Prevalence of Autistic Spectrum Disorders (ASD) CDC (2006) – 1 in 110 (.9 %) children dx with ASD
CDC (2012) - 1 in 88 (1.2 %) children dx with ASD
CDC (2015) – 1 in 59 children dx with ASD (1.5 %; 4.5x more prevalent in boys)
Prevalence of ADHD DSM V (2013) – 5 % of children dx with ADHD
CDC (2013) – 1 in 5 (20%) high school boys dx with ADHD
Prevalence of Depressive Disorders 3 % in children
8% in teenagers (1 in 5 teens dx with depression by age 18)
Teen suicide is 2nd leading cause of adolescent death in U.S.
Non-suicidal self-injury (12 to 14 % in teens)
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Challenges For Family Law Professionals With SNC
Increasing % of cases in Family Courts have a SNC No professional can be expert on every type of SNC However – Judges, mediators, attorneys, custody
evaluators, and parenting coordinators need specialized knowledge about the most commonly seen SNC in family court
Specialized knowledge is required to facilitate development of appropriate parenting plans for these families
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Impact of Special Needs Children on Marriage
Several research studies have found higher rates of separation and divorce in families with autistic spectrum disorders and ADHD
Autistic Spectrum Disorders – 5 years after diagnosis – 23% ended in divorce compared to 13.8% for controls (Hartley, Barker, 2010)
ADHD- by age 8, 22.7% ended in divorce compared to 12.6 % for controls (Wymbs et al, 2008)
A higher percentage of parents in these studies had: greater sleep disturbance, burn-out, anxiety, and depression (than controls)
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Impact of Separation/Divorce on Special Needs Children
Stresses of parental separation/divorce exacerbates the symptoms of many SNC, especially those with psychiatric disorders, ADHD, autistic spectrum disorders, asthma
Due to separation or divorce, there are often fewer financial resources for these children
If parents disagree on treatment/educational approaches while married, separation/divorce usually magnifies these differences
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Determining “Best Interests” Parenting Plans with SNC
Must consider more than common statutory factors (i.e., parental stability, parenting skills, attachment relationships)
Multiple health, safety, and educational issues must be weighed with SNC
Like all children, SNC are at risk for poor outcomes when their families go through separation/divorce.
However, many SNC may be at risk for a host of greater harmful short and long-term consequences based upon the presence and severity of their disorder
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Importance of Risk Assessment with SNC
Risk assessment already being utilized in family court cases with DV (Jaffe, Johnston, Crooks, and Bala, 2012; Austin and Drozd, 2012) and relocation (Austin, 2008)
Decision Trees (Drozd, Olesen, Saini, 2013) also highly useful for risk-assessment
Risk assessment can be useful for family law professionals who must weight multiple factors in SNC cases
The important question in risk assessment is, “how can harm be reduced and positive adjustment enhanced”
Risk factors should be based on empirical research
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Development of a Risk-Assessment Model with SNC -1
Important to provide a systematic analysis of multiple factors related to SNC
Domains/variables in our model are drawn from several sources, including: Child psychiatry, pediatric medicine (i.e., DSM V),
other risk assessment models used in family law Diagnostic and treatment research - symptom
profiles and developmental courses of specific disorders that can lead to physical, social, or emotional compromises for child
Educational and medical risks associated with a range of childhood disorders
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Development of a Risk-Assessment Model with SNC - 2
Empirically-based educational, psychotherapeutic, and medical treatment interventions that can benefit specific childhood disorders
The risk to a special needs child if such interventions are not provided
Emphasis is placed on the demands on parents to support and participate in intervention plans
The model incorporates previous literature focused on SNC in divorce (i.e, Jennings, 2005; Saposnek et al, 2005)
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Risk-Protection factors
Domains & sub-variables exist on a continuum of risk versus protection.
Examine domains in the context of other global variables:
Child factors: including basic temperament; the nature and severity of the disorder; the nature and demands of the treatment plan.
Parent factors: including each parent’s capacity to address the special circumstances and behaviors that arise from the child’s disorder; parent availability; parent participation in the treatment plan.
Parent–child factors: including parent insightfulness and empathy for the child; the temperamental match between each parent and the child.
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Risk-Protection Continuum for Use with Special Needs Children
Domain More likely risk for harm
More likely to provide protection
Implications
Safety Serious safety concerns for child, caretakers, siblings and environment may trump all other factors in custody determinations.
Physical safety/ supervision
Lack of or inconsistent supervision
Vigilant supervision consistent with child’s functional capacities
Environmental safety
Parent has not implemented appropriate home safety modifications as needed
Parent has or is willing to implement recommended home safety modifications
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Risk-Protection Continuum for Use with Special Needs Children
Domain More likely risk for harm
More likely to provide protection
Implications
Nature/severity of specific syndromes
Impact on child’s day-to-day functioning
More severe disorder with compromises in self-care and other adaptive behavior
Disorder is relatively mild in severity and does not significantly impact adaptive behavior
More compromised children are less adaptable and may have more difficulty with “age-typical” physical custody schedules.
Overall treatment and intervention plan
More complex and/or controversial and difficult to implement and sustain
Relatively straightforward and easy to implement.
The more complex the plan, the more agreement is needed between parents. In these cases, consider carefully if joint decision-making can be done in a timely fashion with limited conflict.
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Risk-Protection Continuum for Use with Special Needs Children
Domain More likely risk for harm
More likely to provide
protection
Implications
Intervention plan: Medical; Educational; Therapeutic Awareness and
acceptance of intervention plan
Parent denies need for and/or refuses to pursue needed services.
Parent pursues and implements appropriate services.
Consider primary decision-maker and/or custodial parent if one parent is not cooperative with services
Time availability Parent is not available to take child to needed appointments and is not in contact with treatment providers.
Parent has good availability for appointments and prioritizes availability for child’s treatment.
If parents are not similarly available, consider a primary custodial parent (for physical custody), especially if demands for appointments are high.
Parent participation in services
Parent refuses to participate in parent component of therapeutic services.
Parent is available and willing to participate in parent component of therapeutic services.
Consider primary decision-maker and/or custodial parent if one parent is not cooperative services
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Risk-Protection Continuum for Use with Special Needs Children
Domain:
Parenting skills
Implications:
In general, when one parent is far more skilled and attuned than the other, consider a primary custodial parent, especially when disorder is moderate to severe.If a parent’s skill and attunement are so faulty as to impact judgment, consider sole decision-making to the other parent.
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Risk-Protection Continuum for Use with Special Needs Children
Domain: More likely risk for harm More likely to provide protection
Parenting Skills
Parent/child temperament match
Poor match between parent and child temperaments, which interferes with parent’s ability to tolerate and manage child’s behavior.
Positive match between parent and child temperaments which enables parent to tolerate and manage child behaviors.
Structure; routine; discipline Parent unable to implement consistent and appropriate structures and routines (i.e., meals, bedtime, hygiene, chores), and follow-thorough with in-home behavioral plan.
Parent able to implement consistent structures and routines (i.e., meals, bedtime, hygiene, chores) and follow-through with in-home behavioral plan.
Time availability at home Parent does not have adequate time to manage special needs of child at home.
Parent has time available to manage the special needs of the child at home.
Emotional attunement Parent misses or misreads cues and is unable to implement effective and timely interventions.
Parent is able to fashion and implement effective and timely interventions.
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Risk-Protection Continuum for Use with Special Needs Children
Domain More likely risk for harm
More likely to provide
protection
Implications
Co-parenting and level of conflict Co-parenting
relationshipPoor communication; lack of collaboration; lack of coordination between homes
Reasonably effective and timely communication; able to coordinate child’s life in both homes.
With poor communication and lack of coordination, consider both sole legal decision-making and a primary custodial parent.
Conflict level Relatively high and persistent. Child exposed to parents’ disagreements and acrimony
Relatively low; conflict limited to discrete infrequent episodes. Child buffered from whatever conflict arises.
The higher the conflict, the less likely that shared parenting and joint decision-making are feasible.
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Risk-Protection Continuum for Use with Special Needs Children
Domain More likely risk for harm
More likely to provide protection
Parenting plan – schedule considerations Transitions between
homesSchedule with multiple transitions, especially when parents are in conflict.
Schedule that minimizes transitions and has low-key and effective transitions.
Predictability of schedule Schedule that has many changes week-to-week or has too much unpredictability.
Schedule that is stable, predictable and one that the child can learn.
Parenting plan schedule consistent with child’s developmental level (not just chronological age)
Parenting plan is not consistent with child’s developmental level.
Parenting plan is consistent with child’s developmental level.
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Special Needs Children: Risk Assessment and Parenting Plans
23IS JOINT LEGAL-DECISION-MAKING POSSIBLE?
Do the parents agree on:
Diagnosis?
Intervention Plan?
Co-parenting?
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Re: Legal Custody andDecision-Making
Consider…
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Agreement re:Diagnosis?
Agreement re:Treatment Plan?
Co-Parenting Consider
Yes Yes Reasonably sound and functional
Joint Legal Custody
Yes or No No Poor &/or high conflict
Sole legal custody
Yes Yes– Apart from discrete areas
Reasonably sound and functional
Joint Legal Custody
Yes or No Yes Poor &/or high conflict
Joint Legal with PC
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AD/HD Deficits & Difficulties
ADHD Seen in 11% of U.S. Children as Diagnoses Rise
New York Times, March 31, 2013 – CDC Study
Behavioral disinhibition (a disorder of “too much behavior”)
Poor sustained attention/resistance to distraction
Deficits in self-regulation of activity level in a given situation (including emotional regulation)
Difficulty remembering (poor “working memory”)
Poor sense of time
Difficulty initiating work
Lack of flexibility in thinking and planning
Greater variability in task performance
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Treating the Family with an ADHD Child
Pillars of treatment: Parent-based education and
behavioral management Behavioral counseling with parents has
been shown to be more effective than individual counseling with the child
Carefully managed medication Proper school planning and
accommodations, when indicated
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USING THE RISK ASSESSMENT MODEL TO INFORM INTERVENTIONS WITH
ADHD CHILDREN
ADHD – these children benefit from environmental consistency between homes and school
ADHD children thrive with clear structure and rules, and consistency in behavioral interventions and consequences
Requires a high level of parental coordination and cooperation to meet ADHD child’s needs
Parents need to agree on expected behaviors, reinforce such behaviors, and provide consistent punishment or consequences when behavior not met
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Specific Challenges for Divorced Parents – ADHD
Level of acceptance vs. denial that the child suffers from ADHD
Use of medication
Agreement on treatment providers and treatment modalities
High conflict: the challenge of collaboration
Parallel parenting: viable solution?
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Parenting Plan Considerations ADHD
Good assessment(s) of the child Defining treatment needs and providers
Coordination between homes and caregivers Parenting plan considerations:
Transitions between homes Need for stable routines How to keep both parents involved if there is a
“school-week” parent
All parents involved with school and the treatment team
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Depression (Especially in Adolescents)
Major Depressive Episode, Persistent Depressive Disorder (Dysthymia), Disruptive Mood Dysregulation Disorder
Characteristics and Symptoms of Major Depressive Disorder and Persistent Depressive Disorder
Depressed mood/diminished interest in activities
Insomnia/weight loss/fatigue/low energy
Poor concentration or difficulty making decisions
Low self-esteem/feelings of hopelessness
Suicidal thinking – high risk of suicide attempts in teens who are impulsive
Self-harm behavior – cutting, burning, substance abuse
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Prevalence of Depression in Adolescents
In any given year, about 8% of female adolescents and 4% of males experience a serious episode of depression
Around 1 in 5 adolescents will experience at least one depressive episode before adulthood
Around 80% of teen suicide attempters and 60% of teen suicide completers have a mood disorder
Teen suicide – 2nd leading cause of death in teens (teen girls attempt 5x more than boys; more completed suicides by boys though, due to lethality of means (i.e., gunshot vs. overdose of pills)
1 in 5 teens think about suicide:/1 in 12 teen made suicide attempt
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Evidence-Based Treatments for Depression in Teens
Cognitive Behavioral Therapy (CBT) – typically conducted in individual or group therapy
Medication – typically SSRI’s and mood stabilizers (should never be used as a “stand alone” treatment)
Dialectical Behavior Therapy (best research support) Combines skill-based multi-family groups with
individual therapy (high level of parental involvement)
Teaching of skills for emotion regulation, distress tolerance, mindfulness, and interpersonal effectiveness
DBT skills are most often taught in multi-family group skills classes
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Physical Safety Considerations with Depressed/Suicidal Teens
Co-parenting interventions are crucial with suicidal teens, to arrive at joint safety plans
Therapists working with parents must insure that each parent has acceptance of the seriousness of their teen’s condition (as opposed to being “in denial”)
Preservation of life and and participation in mental health treatment may take priority over child sharing
Safety - If teen is suicidal and engages in self-harm behavior, can both parents supervise/lock-up sharps
Are there disagreements about medication for the depressed teen
Is the teen using alcohol and/or drugs, as drug or alcohol use greatly increases the risk of suicidal or self-harm behavior.
Need for parental monitoring of drug or alcohol use, such as drug test, periodic room checks, being awake at night when teen comes home from a social event to check if teen has been using alcohol or drugs (“hug and sniff test”)
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Autistic Spectrum Disorder: Defining Characteristics
ASD – A group of neurodevelopmental conditions whose primary features are (DSM V): Significant difficulties with reciprocal interaction Deficits in verbal and nonverbal communication (not making
eye contact, not reading social cues) The presence of repetitive or ritualistic behavior/hyper-
reactivity to sensory input Insistence on sameness and inflexible adherence to routine
Continuum/Spectrum Diagnosis – 3 severity levels 1. Level 1 – Requiring Support (i.e., in DSM IV – Asperger’s) 2. Level 2 – Requiring Substantial Support 3. Level 3 – Requiring very substantial support (these children
often have significant intellectual and language impairment)
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Prognosis for ASD
For most children, ASD symptoms on the severe end of the spectrum (level 2 and 3) are chronic and require lifelong management.
Higher functioning ASD children (level 1) have better prognosis for independent and successful adult functioning, but with limitations in types of employment, quality of social relationships, and continued social skill deficits
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Key Considerations for Parenting Plan Development
Interventions such as Applied Behavioral Analysis require significant parent training (20-40 hrs. week for 2 years)
ASD child thrives with schedules and predictability ASD children have excessive need for environmental
consistency ASD children may become highly stressed and self-
injurious when routines are disrupted or with too many transitions
Physical dangers due to self absorption – severe ASD children require 24 hour supervision
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Autistic Spectrum Disorder Case for Child Custody Evaluation
Mother and Father separated after 10 years of marriage
2 female children, ages 12 and 9 12 year old child has severe ASD (level 3) Custody evaluation is taking place one year after
separation Parents have joint legal and physical custody 9 year old child in 50/50 custody arrangement – no
dispute between parents about her parenting plan ASD child engages in self-injurious behavior when
stressed or with changes in routine
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Custody Dispute Over ASD Child
Father has had primary physical custody since separation, and he has remained in the marital home
ASD child is with mother
Sundays from 1 pm to 7 pm
Wednesday and Friday from 2:30 to 7 pm
Mother has had 3 to 4 overnights in total over last 3 months
It took ASD child 6 months to even get out of the car to go into mother’s home
Mother wants to begin having 3 overnights a week (i.e., Friday to Saturday; Sunday to Monday; Wednesday to Thursday)
Father believes ASD child should be overnight in his home on every school night “for consistency and sameness”
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Risk-Protection Factors: 1. Safety/Home Environment
Both parents supervise ASD child well
Both parents have safe physical home environments
Key difference between homes
ASD child has her own bedroom at Father’s Home
ASD child does not have her own bedroom at Mother’s home, but sleeps in mother’s bed and mother sleeps on the couch if child spends an overnight; Therefore, ASD child cannot have “sameness” and consistency in bedroom environments in Mother’s home
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2. Nature/Severity of Specific Syndrome
Child has “severe” ASD (level 3 – requiring very substantial support)
ASD child is impulsive, has limited frustration tolerance; she is very rigid and inflexible about changes in her routine
Therefore, child does not adapt well to changes in her environment and gets highly anxious and sometimes self-injurious with transitions
Two home environments with frequent transitions between homes is not ideal for severe ASD child
Given severity, one primary home may be best for child
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3. Intervention Plan: Medical, educational, & Therapeutic
Child in excellent school for SNC Children Father has especially good relationship with school
staff, although Mother’s is improving Both parents accepting of dx of ASD Father works from home and is far more available
than Mother to take to school and to various medical and occupational therapy appointments
Both parents are willing to participate with child in sessions with the behavioral specialist, who will come to either home
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4. Parenting skills
Father has features of high functioning ASD, which has led to some past problems interfacing with professionals
Conversely, Father’s ASD features have led him to have a good empathic attunement to daughter
Both parents generally have good attunement to child’s needs (but better temperament match for Father and child)
Both parents able to maintain consistent routine for child Discipline – Mother is more effective than Father in dealing with
“meltdowns” and self-injurious behavior While Mother is considerably more effective than Father in pushing ASD
child to try new behaviors and activities, Father is more patient and mother more prone to lose her temper
Mother models better interpersonal skills than father Mother more attentive to personal hygiene of child
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5. Co-Parenting and Level of Conflict
Father is very rigid and perseverative in thinking Father can be inattentive to social cues, making
communication with Mother difficult However, Father’s incredible dedication to his child ultimately
leads him to be inclusive of mother and he values her role Mother more flexible than Father Mother has mild substance abuse problem (2-3 glasses of wine
per day; nightly cannabis for sleep), but has recently reduced use
Parents can cooperate and support ASD child’s relationship with other parent, but joint decision-making is difficult
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6. Parenting Plans Schedule Considerations
ASD Child needs schedule which minimizes transitions between homes
PP must must be consistent with child’s developmental level, which is similar to a 4 year old
There have been 3 to 4 instances of Mother having ASD child on school week overnight, and school staff noted child had difficulty getting out of Mother’s car, and was highly anxious at school on these days, with more behavioral tantrums and self-injurious behavior than usual
School staff requested that ASD child only come to school from Father’s home
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Parenting Plan Recommendations -1
Joint Legal Custody of children, but Father to have decision-making authority if there is a dispute related to education, therapeutic, or medical treatment (he must first seek mother’s input)
9 year old child to remain on 50/50 schedule (2-2-5-5-); she also benefits from respite from sister
ASD Child - Primary physical custody with Father; Maternal Custody as follows: 1. Mother must provide residence whereby ASD child has
her own bedroom 2. Friday pick-up at school until Sunday at 4 pm 3. Wednesday (no overnight) from pick-up at school til 7pm
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Parenting Plan Recommendations - 2
Mother be required to not smoke marijuana and not consume alcohol on her custodial days
Mother required to attend one AA or NA meeting per week for 6 months
Co-parent counseling for minimum 12 sessions to address: 1. Consistency in diet to reduce ASD child’s weight in
conjunction with nutritionist 2. Consistency in hygiene standards (daily showers at father’s
home) 3. Hostile phone conversations should not happen in front of
children 4. Assist with the transition of ASD child beginning regular
overnights with mother
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Conclusions (1)
Family law professionals should develop fundamental knowledge of commonly seen SNC and be familiar with evidence-based treatments;
Be cautious about automatically using “developmentally appropriate” parenting plans;
Parenting plans should be informed by assessment of the range of variables, with emphasis on parent availability, acceptance of diagnosis & treatment plan and ability to work with other parent;
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Conclusions (2)
Risk for poor outcomes is multi-determined & depend on the nature/severity of disorder as well as parenting factors;
Consider safety first; Custodial plans may need to be
reviewed more frequently than is typical;
Consider the entire family system
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