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Legal & Ethical Issues Impacting Persons with Autism and Intellectual Disability

 
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Live
In-Person

 09/20/2026  from
5-8:15 PM EST

3 Hours

Live interactive session at our Broomall location.

390 Reed Rd
FL 1
Broomall, PA 19008

$75

Registration Deadline:
09/18/26 
 

3 CE Credits in Ethics

Approved Provider for
American Psychological Association

PA Board of  SW, MFT, & PC

ASWB ACE (Approved Continuing Education Program)

Audience

Social Workers, Psychologists, Behavioral Health Therapists, Teachers, Individuals & Families

Advanced

Program designed to build upon a foundational understanding of ethics to apply it to specific populations.
This advanced 3-hour course examines complex legal and ethical issues impacting individuals with Autism Spectrum Disorder (ASD) and intellectual and developmental disabilities (I/DD). Grounded in the APA Ethical Principles of Psychologists and Code of Conduct and informed by contemporary scholarship in neurodiversity, disability rights, applied behavior analysis ethics, and guardianship law, this course explores tensions between autonomy, beneficence, justice, and protection.

Participants will examine the historical evolution of disability civil rights in the United States; ethical critiques and reformulations of applied behavioral interventions; the neurodiversity movement; diagnostic overshadowing and barriers to accurate mental health assessment; and the medicolegal implications of guardianship, supported decision-making, and substitute decision-making frameworks.

Special attention is given to Pennsylvania Act 61 amendments to Chapter 55 (Title 20) and their implications for capacity determinations, least restrictive alternatives, and judicial standards for guardianship. Ethical considerations, including informed consent, confidentiality, retained rights, substituted judgment, and the best interest standard, are examined in light of evolving disability jurisprudence and professional responsibility in I/DD services.

This course was developed by Psychologists and Social Work and Counseling professionals.

Learning Objectives

(Learning Objectives)

After completing this course, participants will be able to...


Ethical Tensions

Analyze ethical tensions between autonomy, beneficence, and justice in clinical and behavioral interventions with individuals with ASD and I/DD.

Diagnostic Overshadowing

Explain the impact of diagnostic overshadowing and other barriers to accurate mental health diagnosis in ASD/I/DD populations.

Applied Behavior Analysis

Evaluate the ethical critiques of applied behavior analysis and neurodiversity affirming approaches.

Guardianship

Apply Pennsylvania Act 61 and Title 20 Chapter 55 principles to guardianship determinations and least restrictive alternatives.

Capacity in Legal Decision-Making

Differentiate simple consent, informed consent, competence, and presumed capacity in clinical and legal contexts.

Tool Development

Develop tools and strategies to promote inclusivity, support, and understanding in personal and professional settings, championing neurodiversity as a valuable aspect of human diversity.

Course Details

Course Agenda
Registration & Information
Course Completion & CE Information
References

Live In-Person Course on 9/20/26
from 5-8:15 PM EST

I. Foundations of Ethical Practice in Disability Contexts (30 minutes)

A. Defining Ethics in Professional Practice

  • Values underpinning ethical practice
  • APA Ethical Principles (Beneficence, Nonmaleficence, Justice, Respect for Rights and Dignity)
  • Professional responsibility in I/DD services (Luckasson et al., 2022)

 B. Historical Context

  • Disability Rights Movement timeline
  • Federal legislation impacting persons with disabilities
  • Justice and civil rights framing (Principle D)

C. Models of Disability

  • Medical vs. social models
  • Neurodiversity movement/ model of disability
  • Affirming neurodiversity within applied behavior analysis (Mathur et al., 2024)

 


II. Ethical Controversies in Intervention & Professional Practice (30 minutes)

A. Autonomy vs. Habilitation

  • “Right to eat too many doughnuts and take a nap” (Bannerman et al., 1990)
  • Balancing liberty and skill acquisition

B. Ethical Critiques of ABA

  • Justice, nonmaleficence, autonomy concerns (Wilkenfeld & McCarthy, 2020)
  • Meaningful outcome targeting (Bahry et al., 2022)

C. Person-Oriented Ethics & Community Engagement

  • Engagement with autistic communities (Cascio et al., 2020)
  • Ethics of care in transitions (Jacobs et al., 2021)

III. Diagnostic Ethics & Clinical Accuracy (30 minutes)

A. Barriers to Accurate Diagnosis in ASD & I/DD

  • Complicating diagnostic factors
  • Biopsychosocial developmental model

B. Diagnostic Overshadowing

  • Definition and risks (Dell’Armo & Tassé referenced in slides)
  • Ethical implications of misattribution

C. Ethical Implications of Early Detection

  • Parent perspectives and ethical complexity (Vanaken et al., 2024)

D. Clinical Responsibility

  • Accurate assessment improves lives
  • Proactive, multimodal treatment planning

BREAK: 15 MIN


IV. Capacity, Consent & Decision-Making Frameworks (45 minutes)

A. Consent Frameworks

  • Simple vs. informed consent
  • Competence to consent criteria
  • Presumed capacity (age 18+)

B. Substitute Decision-Making Structures

  • Educational
  • Financial
  • Healthcare

C. Supported Decision-Making

  • Autonomy preservation
  • Natural supports
  • Least restrictive principle

D. Advance Directives

  • Financial Power of Attorney
  • Health Care Power of Attorney
  • Mental Health Power of Attorney

E. Clinical Implications

  • Factors to consider in capacity assessments
  • Recognition of impact of capacity determinations on individual

V. Guardianship Law & Act 61 (PA) (30 minutes)

A. Title 20 Chapter 55 Overview

  • Incapacity vs. guardianship determination
  • Court’s obligation to consider lesser restrictive alternatives

B. Act 61 Amendments (2023)

  • Mandatory legal counsel for AIP
  • Emphasis on less restrictive alternatives
  • Certification of guardians
  • Automatic review hearings

C. Limited vs. Plenary Guardianship

  • Scope of court order
  • Areas guardians cannot decide
  • Retained rights

D.Clinical Implications

  • Impacts of guardianship on treatment planning and interventions

VI. Ethical Practice Implications for Social Workers & Mental Health Clinicans (15 minutes)

A. Informed Consent in Complex Systems

B. Confidentiality & HIPAA Personal Representatives

C. Best Interest vs. Substituted Judgment Standards

D. Advocacy vs. Neutrality

E. Protection from Abuse

Registration & Information

The cost for the course is $75.00 and includes 3 CE Credits in Ethics.

Registration Link: CLICK HERE

Please call 484-450-6476 ext. 2 or email info@moringainstitute.com for any questions, concerns, or grievances, or to request accommodations.  

Full CE policies can be found here: https://moringainstitute.com/about-us

Course Completion & CE Information

ASWB ACE Credit: Social workers must be present for the entire presentation, sign in and sign out, and complete the course evaluation with their name for the course to be considered complete. Social workers completing this course receive 3.0 Ethics continuing education credits.

APA Credit:
Psychologists must be present for the entire presentation and sign in and out.

Act 48 in Pennsylvania: Educators must be present for the entire presentation and complete the course evaluation.

Certificates for all courses and credit types are auto-generated by the learning platform upon acceptable completion of requirements.  For a live course, the instructor completes the attendance verification step. 

The certificates remain part of the learner's profile for 3 years and can be accessed by the learner with their login information at anytime.
The following references informed course development and are not required reading for participation or credit.

References

Bahry, S., Gerhardt, P. F., Weiss, M. J., Leaf, J. B., Putnam, R. F., & Bondy, A. (2022). The ethics of actually helping people: Targeting skill acquisition goals that promote meaningful outcomes for individuals with autism spectrum disorder. Behavior Analysis in Practice. https://doi.org/10.1007/s40617-022-00757-x

Bannerman DJ, Sheldon JB, Sherman JA, Harchik AE. Balancing the right to habilitation with the right to personal liberties: the rights of people with developmental disabilities to eat too many doughnuts and take a nap. J Appl Behav Anal. 1990 Spring;23(1):79-89. doi: 10.1901/jaba.1990.23-79. PMID: 2186017; PMCID: PMC1286212.

Cascio, M. A., Weiss, J. A., & Racine, E. (2020). Person-Oriented Ethics for Autism Research: Creating Best Practices through Engagement with Autism and Autistic Communities. Autism: The International Journal of Research and Practice, 24(7), 1676–1690.

Jacobs, P., Quayle, E., Wilkinson, H., & MacMahon, K. (2021). Relationships Matter! -- Utilising Ethics of Care to Understand Transitions in the Lives of Adults with Severe Intellectual Disabilities. British Journal of Learning Disabilities, 49(3), 329–340.

Luckasson, R., Tassé, M. J., & Schalock, R. L. (2022). Professional Responsibility in the Field of Intellectual and Developmental Disabilities: Its Definition, Application, and Impacts. Intellectual and Developmental Disabilities, 60(3), 183–198.

Mathur, S.K., Renz, E. & Tarbox, J. Affirming Neurodiversity within Applied Behavior Analysis. Behav Analysis Practice 17, 471–485 (2024). https://doi.org/10.1007/s40617-024-00907-3

Vanaken, G.-J., Noens, I., Steyaert, J., van Esch, L., Warreyn, P., & Hens, K. (2024). The Earlier, the Better? An In-Depth Interview Study on the Ethics of Early Detection with Parents of Children at an Elevated Likelihood for Autism. Journal of Autism & Developmental Disorders, 54(11), 4130–4144. https://doi.org/10.1007/s10803-023-06139-8

Wilkenfeld DA, McCarthy AM. Ethical Concerns with Applied Behavior Analysis for Autism Spectrum "Disorder". Kennedy Inst Ethics J. 2020;30(1):31-69. doi: 10.1353/ken.2020.0000. PMID: 32336692.

Zietlow K, Dubin L, Battles A, Vitale C. Guardianship: A medicolegal review for clinicians. J Am Geriatr Soc. 2022 Nov;70(11):3070-3079. doi: 10.1111/jgs.17797. Epub 2022 Apr 14. PMID: 35420158; PMCID: PMC9790446.

LCSW

Licensed Clinical Social Worker

NADD-CC

Competency-Based Clinical Certification from NADD

PARENT

Parent of Autistic Adult
Meet the instructor

Maleita Olson, LCSW, NADD-CC

Maleita Olson, LCSW, is a co-founder and current Chief Operating Officer of Spectra Support Services, LLC. She is a licensed clinical social worker in PA. During Maleita’s 30-plus-year career, she has worked in community-based, institutional, government and medical settings, with a primary focus on serving individuals with developmental disabilities and their families.

Maleita has a master of Social Work degree from Boston College Graduate School of Social Work. She is a certified clinician with the National Association for the Dually Diagnosed (NADD). She is a frequent presenter at local, state, and national conferences on topics related to autism spectrum disorder, the transition to adulthood, and the impacts of disability on the family.
Maleita lives in Springfield, PA, with her husband and four children, three of whom are neurodivergent. She is a past president of ASCEND: the Asperger and Autism Alliance for Greater Philadelphia and a member of the National Association of Social Workers, the Arc of Delaware County, the American Association on Intellectual and Developmental Disabilities, and the Autism Society of America.