Expert: Tim Runner - 3/25/2010

Question
I have had legal custody of my brother for almost four years. During that time I have managed to take care of him and his needs with the help of my sister. Recently, my sister moved out, and it has made me reconsider taking care of my brother.  He is classified as developmentally disabled with autistic tendencies.  He is currently is an autistic class that is part of a main stream school.  I have started to talk to his teachers about a residential placement, and without even listening to anything I had to say the Head of the Special Ed dept said it was absolutely out of the question, that my brother is doing fine in the class he is in.  Now to me for such a quick answer it seems like the school district just wouldn't want to pay for it. My problem is that my brother has some psychotic moments when he has hurt my sister and others and he also needs more treatment while he is at home.  He will eventually have to live in some sort of assisted living when he gets older, and I think that he needs to be somewhere that will transition him to this stage as well as some place that provides for his needs 24 hrs a day.  If the school board is refusing to even acknowledge this as an option, is there another way that i can get him to attend a residential school?  I have been told that if I don't think I can take care of his needs anymore and if a residential is out, then I will have to give up custody of him and he will become a ward of the state in which they would probably place him in a group home.  Any advice you can give would be greatly appreciated because I seem to be all by myself with this one.

Answer
In order for your brother to be considered for school paid residential placement, he must not be doing well in school. You should visit his class and talk with his teacher and aides (if any). The law states that he must be placed in the "least restrictive environment." For him, this is probably the class he is in. You need to get copies of his school records including his Discipline File. The law says they must provide these records to the student's legal guardian. If he is having serious school behavior problems, then this can justify a residential placement. If his report cards show that he is not doing well in his class, then this supports it as well. Schools are not inclined to place students in residential placements if they can avoid doing so because it is so expensive. They will usually offer a non-public day school before offering residential.

You need to explore what services are available in your State for Autistic kids and adults. Some states have special agencies set up to help the severely handicapped. Then you need to contact them to see what he may qualify for in the way of help. Sometimes they can provide you with in-home help as well as assisted living when he becomes an adult. The last alternative is what you stated, having him become a ward of the state. But you need to explore all other possibilities first. You might also go online to find support groups for people with disabilities in your area. They can tell you what is available.

I wish you and your brother the best,
Tim Runner, Advocate
Advocates 4 Kids
Email: timrunner@cox.net
Phone: (949) 582-3601
You can learn more at my web site:
www.special-education-answers.com