Table of Contents
Innovative programs like DAAY Court (Detention Alternative for Autistic Youth) intersect with the principles of Applied Behavioral Analysis or ABA therapy to support young individuals with autism spectrum disorder (ASD) as they manage the complexities of the legal system, which can be distinctly tricky for this vulnerable population at times. Sadly, research shows that many young individuals with autism are more inclined to become offenders or victims or be arrested. This research is problematic for a variety of reasons, including the revelation of a legal system that is unable to offer the appropriate care or hold the proper training to foster safer, more appropriate interactions with authorities for those living with ASD.
Unfortunately, the legal system cannot always appropriately address or accommodate the complex realities autism can at times present, including dangerous or aggressive behavior that some may perceive as malicious. The good intentions of legal services and law enforcement may also miss the crucial nuances that differentiate standard criminal behavior from meltdowns those with ASD can sometimes experience, leading to misinterpretations and unjust consequences for these individuals that affect them, their families, and even the community.
As a result, it is crucial to have programs such as DAAY Court specific to providing alternative approaches for justice-involved youth with autism. These programs recognize the unique needs of individuals on the spectrum in the courtroom and aim to address them in a way that is both safe and effective. ABA, on the other hand, is a scientifically proven method of treatment for individuals with autism, which the DAAY court integrates to reinforce more appropriate conduct for those on the spectrum experiencing court proceedings and case management.
This comprehensive blog post by ABA Centers of America offers an in-depth look at DAAY Court, critical aspects of ABA therapy, and how these interventions can prevent arrests and enhance outcomes for those with autism. This post is for parents of children with ASD, the broader autism community, and legal professionals interested in understanding and supporting justice-involved youth with autism in the courtroom, with the hopes they can avoid these problematic experiences altogether.
We at ABA Centers of America believe this education is vital and hope readers walk away feeling informed and motivated to support this population in living safe lives. So, let’s dive in!
Click here to read more about ABA therapy with ABA Centers of America.
The Impact of Autism on the Legal System
Autism can influence an individual’s interactions with law enforcement agencies and the justice system in many ways. For example, challenges with social communication and interaction may lead to difficulties in understanding and complying with police instructions. Additionally, sensory sensitivities may create distressing responses in high-stress environments like police interactions.
According to one parent recounting, her daughter’s attempt at jumping out of the car led to an arrest due to confusion between the officers and the circumstances, which they perceived as a potential criminal threat to the mother. Naturally, this is concerning, as jail, processing, or even being arrested due to confusion or inability to self-regulate can exacerbate symptoms of autism.
The most common charges children with autism face at DAAY Court are related to battery or sex offenses; in both cases, these behaviors stem from a lack of awareness around appropriate public behavior or boundaries, as described by Chief Deputy District Attorney Summer Clarke.
Furthermore, individuals with autism may have a heightened response to the perception of threats or changes in their routine, which can lead to behavioral outbursts and even physical confrontations with others, including law enforcement. These factors contribute to the overrepresentation of justice-involved youth with autism within the legal system.
What Is ABA Therapy?
Applied Behavioral Analysis (ABA) therapy is an evidence-based behavioral approach that focuses on improving specific behaviors and skills in individuals with autism. This therapy utilizes techniques such as positive reinforcement, which involves rewarding, productive behaviors while not reinforcing those that may hinder daily life or lead to more challenging experiences and encounters.
ABA therapy can be particularly effective in addressing challenging behaviors that can become incredibly problematic in adulthood by teaching appropriate skills to replace them while mitigating the potential for legal problems later. By targeting specific behaviors, ABA can help reduce the risk of arrest and improve outcomes for youth with autism involved in the criminal justice system.
DAAY Court Intersects with ABA to Empower Justice-Involved Youth With Autism
Firstly, the DAAY Court utilizes ABA principles to create a structured and predictable environment for participants within the courtroom setting and is often a crucial support for those with ASD who frequently struggle with change and unpredictability. Unfortunately for those with autism, being in court is often a foreign and stressful experience, making it difficult for them to communicate their needs effectively or sit through their proceedings appropriately in many cases.
Furthermore, the lights, noises, and being surrounded by unfamiliar people can be overwhelming for someone with ASD, leading to meltdowns or other maladaptive behaviors that may escalate the situation. ABA therapy assists individuals in learning how to cope with these challenges and communicate their needs appropriately. By utilizing ABA principles in the program, the DAAY Court ensures that participants understand surrounding expectations and how to navigate the legal process more successfully.
Moreover, by promoting awareness and understanding within the legal system, programs like the DAAY Court help develop and inspire a more tolerant, accommodating, and inclusive atmosphere for justice-involved youth with autism. DAAY Court benefits participants and their long-term outcomes but also sets a precedent for how legal professionals can better support and accommodate individuals with autism across settings.
How Was the DAAY Court Established?
In 2018, Judge Sunny Bailey established DAAY Court as a diversion program for young individuals with autism involved in the legal system. The idea stemmed from the realization that traditional court processes were not effectively meeting the needs of individuals with autism. This lack of understanding and support for justice-involved youth with autism often results in repeat offenses and further challenges for these individuals.
So, what began as establishing a quieter hearing on a Thursday afternoon for a child with autism became a once-a-month meeting titled DAAY Court that services the autism community in these circumstances.
How Judge Sunny Bailey Was Personally Affected by Autism
Judge Sunny Bailey has a personal connection to autism, as her daughter lives with ASD, as described in reports by the county. By being deeply familiar with the symptoms involved with autism as a mother who faces them personally with her daughter, she understood the challenges faced by families and individuals, as well as the benefits of ABA therapy her family experienced.
By drawing from her personal experiences and understanding, Judge Bailey has been able to create a program that prioritizes the unique needs of neurodivergent individuals and promotes awareness and support in the legal system. Her dedication and passion have been instrumental in making DAAY Court a success, and it serves as an example of how personal experiences can inspire positive change and make a massive impact in the lives of others.
Objectives and Approach of DAAY Court
DAAY Court utilizes a multidisciplinary approach involving lawyers, mental health professionals, and community advocates who work together to tailor a treatment plan for each participant. In DAAY Court, individuals with ASD receive reinforcement, while unhelpful behaviors do not.
For example, when an ASD youth enters the court, the group applauds and praises them for appropriate conduct and completing their legal obligations, like not running away from facilities or engaging in other dangerous behaviors. Reinforcement can come in the form of blasts of emojis during Zoom sessions or gift cards. In some cases, through the progress of the DAAY Court, some can obtain an ASD diagnosis that providers may have previously overlooked.
DAAY Court and ABA Therapy Can Prevent Arrests and Improve Outcomes
DAAY Court’s approach, incorporating ABA therapy and collaboration, can help prevent arrests and improve outcomes for individuals with autism involved in the criminal justice system by addressing underlying issues, providing necessary support, and offering ADA accommodations rather than punishment to reduce recidivism rates and promote positive behaviors in ASD.
Moreover, ABA techniques such as positive reinforcement and visual supports are helpful in promoting favorable behaviors within the legal system. By targeting specific behaviors and providing clear expectations, individuals with autism can better understand and comply with court rules and procedures, not only allowing them to navigate the system more effectively but also promoting skills that are beneficial for their overall development.
Empowering Youth on the Spectrum through Understanding and Collaboration
Overall, the DAAY Court is making a significant difference in the lives of young people with autism involved in the legal system by supporting them as they manage to deal with legal issues. According to a recent NPR feature about DAAY court, mothers like Melody O’Connor are grateful for their child’s arrest, as it has led to her gaining resources and suitable support.
Before her daughter’s arrest, Melody tried various ways to access treatment for her daughter, including hospitals and other treatment facilities. However, she repeatedly met resistance, leaving her with nowhere to turn in the face of her daughter’s violent outbursts. The DAAY program offers the legal system a way to intervene that doesn’t necessarily lead to incarceration without treatment and can be preventative.
Fortunately, through education, collaboration, and support, we can create a more inclusive and just system for individuals with autism. So, let’s continue to advocate for their rights and promote understanding and acceptance in the legal community for those with autism.
ABA Centers of America Creates Better Futures for Those With ASD
ABA Centers of America offers top-tier ABA care to children and teens with autism, alongside autism diagnostic services to those who need them. As a leader in ABA services, ABA Centers of America commits to playing a vital role in supporting neurodivergent individuals and their families in various settings. Hence, they learn in childhood what they need for better adulthood experiences and the expression of less high-consequence behavior in the future, leading to safer, longer lives with ASD.
To learn more about our services and mission at ABA Centers of America, contact us via this online link or call us at (844) 923-4222. We service regions in both New Hampshire and Massachusetts.
Remember, every effort counts towards creating a more inclusive and equitable society for all.
