Fetal Alcohol Spectrum Disorders in Adults: Ethical and Legal Perspectives: An overview on FASD for professionals PDF
Preview Fetal Alcohol Spectrum Disorders in Adults: Ethical and Legal Perspectives: An overview on FASD for professionals
International Library of Ethics, Law, and the New Medicine 63 Monty Nelson Marguerite Trussler Editors Fetal Alcohol Spectrum Disorders in Adults: Ethical and Legal Perspectives An Overview on FASD for Professionals International Library of Ethics, Law, and the New Medicine Volume 63 Series editor David N. Weisstub University of Montreal Fac. Medicine, Montreal, Québec, Canada The book series International Library of Ethics, Law and the New Medicine comprises volumes with an international and interdisciplinary focus. The aim of the Series is to publish books on foundational issues in (bio) ethics, law, interna- tional health care and medicine. The 28 volumes that have already appeared in this series address aspects of aging, mental health, AIDS, preventive medicine, bioeth- ics and many other current topics. This Series was conceived against the back- ground of increasing globalization and interdependency of the world’s cultures and governments, with mutual influencing occurring throughout the world in all fields, most surely in health care and its delivery. By means of this Series we aim to contribute and cooperate to meet the challenge of our time: how to aim human technology to good human ends, how to deal with changed values in the areas of religion, society, culture and the self-definition of human persons, and how to for- mulate a new way of thinking, a new ethic. We welcome book proposals represent- ing the broad interest of the interdisciplinary and international focus of the series. We especially welcome proposals that address aspects of ‘new medicine’, meaning advances in research and clinical health care, with an emphasis on those interven- tions and alterations that force us to re-examine foundational issues. More information about this series at http://www.springer.com/series/6224 Monty Nelson · Marguerite Trussler Editors Fetal Alcohol Spectrum Disorders in Adults: Ethical and Legal Perspectives An Overview on FASD for Professionals 1 3 Editors Monty Nelson Marguerite Trussler Consulting Psychology Associates Office of the Ethics Commissioner Edmonton, AB Edmonton, AB Canada Canada ISSN 1567-8008 ISSN 2351-955X (electronic) International Library of Ethics, Law, and the New Medicine ISBN 978-3-319-20865-7 ISBN 978-3-319-20866-4 (eBook) DOI 10.1007/978-3-319-20866-4 Library of Congress Control Number: 2015943042 Springer Cham Heidelberg New York Dordrecht London © Springer International Publishing Switzerland 2016 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Printed on acid-free paper Springer International Publishing AG Switzerland is part of Springer Science+Business Media (www.springer.com) Preface The origins of this edited volume began in 2013. As part of a Canadian delega- tion of clinicians and judges spearheaded by Mr. Neil Skinner, executive legal counsel to the Provincial Court of Alberta, we attended the 33rd Congress of the International Academy of Law and Mental Health in Amsterdam in July 2013. There were two panels organized with speakers from Alberta and Saskatchewan on the topic of FASD. While there was some significant interest in the topic, we were left with the impression that much more needed to be done to educate health and legal practitioners around the world about the various legal and ethical chal- lenges associated with those who have FASD. Dr. Floor Oosting and Mr. Chris Wilby from Springer Publishing approached Monty about considering assembling an edited volume with contributions from authors from around the world on the topic. With the encouragement of Dr. Egon Jonsson from the Alberta Institute of Health Economics, the journey to collect chapters from authors in the field was undertaken. Marguerite agreed to assist Monty with the project; the combination of a retired judge and a psychologist as editors seemed very apt for such a volume. A call for papers went out in the fall of 2013. Most of the papers were received by the sum- mer of 2014 and the editing process commenced. We are pleased that we have 28 contributors from seven countries, and want to graciously thank each of them for their contributions and patience with the editing process. We sincerely thank series editor Dr. David Weisstub, as well as Dr. Oosting and Mr. Wilby for their efforts and support in publishing this work. Ms. Kathryn Kelly and Dr. Diane Black assisted in spreading the word about the book to potential authors. We are also thankful to our many colleagues (including Judge Peter Ayotte, Ms. Denis Milne, Ms. Audrey McFarlane, Ms. Teresa O’Riordan, Ms. Sharon Brintnell, Dr. Hasu Rajani, and Dr. Brent Symes) who over the years have influenced our understanding and involvement in the field of FASD. We have also learned extensively from the various individuals with FASD we have worked with. Two anonymous reviewers also spent extensive time reviewing an earlier draft of the volume, and providing thorough feedback and suggestions as well; their time and effort are greatly appreciated. v vi Preface Finally, we thank our families for their patience while we brought together this work. We dedicate this volume to those individuals with FASD, and those who work to assist them. Contents Part I Ethical Considerations and Implications in FASD Fetal Alcohol Spectrum Disorder: Ethical, Legal and Moral Implications Associated with the Rights of the Unborn Child .... 3 Jenny Salmon Why People with FASD Fall for Manipulative Ploys: Ethical Limits of Interrogators’ Use of Lies ......................... 23 Stephen Greenspan and John H. Driscoll Neurodevelopmental Disorder Associated with Prenatal Alcohol Exposure: Consumer Protection and the Industry’s Duty to Warn ...... 39 Susan D. Rich and Laura J. Riley Experience in Involuntary Hospitalisation of Drug and Alcohol Addicted Mothers During Their Pregnancies at Borgestadklinikken, Norway ................................... 49 Egil Nordlie Is It Ethical to Condone Low Levels of Drinking in Pregnancy? ........ 65 Janni Niclasen Ethical Challenges When Screening for and Diagnosing FASD in Adults .................................. 85 Ilona Autti-Rämö vii viii Contents Part II Clinical Perspectives on Criminal Behaviour in FASD Neurocognitive Difficulties Underlying High Risk and Criminal Behaviour in FASD: Clinical Implications .............. 101 Katherine Wyper and Jacqueline Pei Medico-Legal Interventions in Management of Offenders with Fetal Alcohol Spectrum Disorders (FASD) ..................... 121 Mansfield Mela Oral Language and Communication Factors to Consider When Supporting People with FASD Involved with the Legal System ......... 139 Linda Hand, Megan Pickering, Sally Kedge and Clare McCann Part III Judicial Perspectives Evolution of the Diagnosis of Fetal Alcohol Spectrum Disorder from DSM-IV-TR to DSM-5: The Justice System in the United States—Time for a Paradigm Shift! .................... 151 Anthony P. Wartnik, Jerrod Brown and Sarah Herrick Smart Justice and FASD in Alaska: From Prevention to Sentence Mitigation .......................................... 169 Teri Tibbett and Michael I. Jeffery FASD & Justice: The Ethical Case for Effective Training and Knowledge Mobilization Practices for Frontline Justice Professionals in Canada ................................... 191 Michelle Stewart Part IV Social and Policy Issues Social Care and Fetal Alcohol Spectrum Disorders in the UK .......... 209 Alison McCormick FASD in a Canadian Aboriginal Community Context—An Exploration of Some Ethical Issues Involving the Access to FASD Service Delivery ............................... 223 Lori Vitale Cox FASD and the Concept of “Intellectual Disability Equivalence” ........ 241 Stephen Greenspan, Natalie Novick Brown and William Edwards Contents ix Part V Personal Perspectives and Stories Minimizing Secondary Disabilities ................................ 269 Inger Thormann The Challenges of Raising an FASD Child in Canada ................ 285 I Did not Take on This Job of Parent in Order to Raise Criminals ...... 293 Dianne O’Connor
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