Overview - FASD and the Law
Presented by: Heather Ellis Cucolo, JD, Michael Perlin, JD
1 Hour / 1 CE
On Demand | Self-Paced Professional Training
This on-demand professional training program on Overview - FASD and the Law is presented by Heather Ellis Cucolo, JD, and Michael Perlin, JD, in partnership with the Mental Disability Law and Policy Associates (MDLPA).
Despite the movement to provide adequate care to persons with disabilities in the legal system, similar protections for persons with fetal alcohol syndrome have remained notably absent.
Support and services for persons with FASD (Fetal Alcohol Spectrum Disorders) are still lacking, and FASD remains a low priority in mental disability and disability rights advocacy. FASD is linked to several factors that distinguish it as a distinct disability with unique considerations, such as high rates of mental health issues and substance use challenges, justice system involvement, and experiences of stigmatization. Given the complexity of the diagnosis, a human-rights-based approach to supporting persons with FASD is important, including the diversity of impairment and the potential for experiences of inequality in legal and treatment settings. FASD is often overlooked or misinterpreted in the criminal court system and has yet to be fully accepted in the context of incompetency, insanity, and mitigation in criminal case law. One particular area of concern and need for reform is during the criminal sentencing phase. Although persons with FASD share some commonalities with other disability groups and complex populations, the need for individualized services, accommodations, and trauma-informed approaches is necessary to ensure equality under the law. Therapeutic jurisprudence, a relational approach to law that emphasizes the role of empowerment, human rights, and psychological/emotional well-being in legal matters, may provide a framework to respect the rights of persons with FASD who are justice-involved.
Learning Objectives
Upon completion of this training, participants will be able to:
- 1 Describe the etiology of FASD
- 2 Describe why FASD is so often a factor in justice involvement, especially in the case of discrete groups of marginalized persons
- 3 Describe why this issue is of relatively low priority in the “agenda” of disability rights advocates, and
- 4 Describe the relationship between traumatic brain injury and critical stages of the criminal trial process (including the incompetency status and the insanity defense), especially at sentencing
Training Instructors:
Michael L. Perlin, JD
Michael L. Perlin is Professor of Law Emeritus at New York Law School (NYLS), where he was director of NYLS’s Online Mental Disability Law Program and director of NYLS’s International Mental Disability Law Reform Project in its Justice Action Center. He is co-founder of Mental Disability Law and Policy Associates and is currently Adjunct Professor of Law, Emory University School of Law, and Instructor, Loyola University New Orleans, Department of Criminology and Justice
Heather Ellis Cucolo, JD
Heather Ellis Cucolo is a Distinguished Adjunct Professor of Law and the facilitator of the joint JD/MA program with John Jay College of Criminal Justice at New York Law School (NYLS). She is also an adjunct professor in the JM Program at Emory University School of Law and a Fellowship faculty member at Albert Einstein College of Medicine.
Training Outline
Key topics covered in this training include:
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Provides essential knowledge of Fetal Alcohol Spectrum Disorders (FASD) and their impact in legal, clinical, and community settings
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Offers practical strategies for assessing, supporting, and advocating for individuals with FASD
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Emphasizes applications in forensic mental health, disability advocacy, clinical psychology, counseling, and trauma-informed care
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Highlights the intersection of FASD with legal systems and mental health services to strengthen professional practice
We are proud to partner with
Mental Disability Law and Policy Associates (MDLPA)
We are proud to partner with Mental Disability Law and Policy Associates, LLC for this training. MDLPA is a boutique educational training company that offers specialized mental disability law consulting, the creation or enhancement of distance learning programs, in-house or online courses, and day or weekend training seminars to reputable organizations, educational institutions, professional groups, and advocacy groups focused on providing advanced knowledge and skills to persons working with marginalized populations.
CE Sponsorship Information
Palo Alto University, Continuing & Professional Studies (CONCEPT) is approved by, recognized by, or maintains sponsorship provider status with the following boards and agencies. We maintain responsibility for all content in our CE/CPD programs. For more information, visit here.
American Psychological Association (APA): Approved sponsor of continuing education for psychologists.
Association of Social Work Boards (ASWB): Approved continuing education provider (ACE program, Provider #1480), 11/22/2023–11/22/2026.
Canadian Psychological Association (CPA): Approved to sponsor continuing education for psychologists.
National Board for Certified Counselors (NBCC): Approved Continuing Education Provider (ACEP No. 7190).
Sponsorship Approval Statements
Palo Alto University, Continuing and Professional Studies (CONCEPT) is approved by the American Psychological Association to sponsor continuing education for psychologists. Palo Alto University, Continuing and Professional Studies (CONCEPT), is approved by the Canadian Psychological Association to offer continuing education for psychologists. Palo Alto University, Continuing and Professional Studies (CONCEPT) has been approved by NBCC as an Approved Continuing Education Provider, ACEP No. 7190. Programs that do not qualify for NBCC credit are clearly identified. Palo Alto University, #1480, is approved to offer social work continuing education by the Association of Social Work Boards (ASWB) Approved Continuing Education (ACE) program. Organizations, not individual courses, are approved as ACE providers. State and provincial regulatory boards have the final authority to determine whether an individual course may be accepted for continuing education credit. Palo Alto University maintains responsibility for this course. ACE provider approval period 11/22/23-11/22/26. Social workers completing this course receive (clinical or social work ethics) continuing education credits. Continuing and Professional Studies, Palo Alto University, is recognized by the New York State Education Department's State Board for Psychology as an approved provider of continuing education for licensed psychologists #PSY-0103. Palo Alto University, Continuing and Professional Studies (CONCEPT) is solely responsible for all aspects of the programs. Palo Alto University, Continuing & Professional Studies (CONCEPT), is recognized by the New York State Education Department's State Board for Social Work as an approved provider of continuing education for licensed social workers #SW-0356. Palo Alto University, Continuing and Professional Studies, is recognized by the New York State Education Department’s State Board for Mental Health Practitioners as an approved provider of continuing education for licensed mental health counselors. #MHC-0073.