When you bring your child to an autism center, you trust the people providing care to protect your child’s safety and treat them with respect. An unexplained injury, a frightening interaction with a therapist, or a sudden change in your child’s behavior can leave you wondering what happened during treatment.
Suspected ABA therapy abuse deserves attention. Protecting your child, obtaining appropriate medical care, and preserving evidence can help you understand what happened and whether the therapist or autism center should be held accountable.
At HADOUS|CO., our ABA therapy abuse lawyers represent families whose children have been harmed by abuse or negligence at autism centers. We help families investigate their concerns and evaluate their legal options.
Suspected ABA therapy abuse deserves attention. Protecting your child, obtaining appropriate medical care, and preserving evidence can help you understand what happened and whether the therapist or autism center should be held accountable.
At HADOUS|CO., our ABA therapy abuse lawyers represent families whose children have been harmed by abuse or negligence at autism centers. We help families investigate their concerns and evaluate their legal options.
What Is ABA Therapy Abuse?
Applied behavior analysis, commonly called ABA therapy, uses behavioral principles to teach skills and address behaviors. Treatment may involve communication, daily activities, and strategies for responding to situations that are difficult for the child.
Concerns about ABA therapy abuse arise when a child experiences harmful treatment, excessive force, intimidation, or other mistreatment during services. Examples that warrant investigation include:
Concerns about ABA therapy abuse arise when a child experiences harmful treatment, excessive force, intimidation, or other mistreatment during services. Examples that warrant investigation include:
- Hitting, slapping, shaking, dragging, or forcefully pushing a child.
- Using painful holds or unnecessary physical restraint.
- Threatening, humiliating, or deliberately frightening a child.
- Withholding necessary food, water, bathroom access, or medical attention.
- Leaving a child unsupervised in an unsafe situation.
- Continuing an intervention despite signs of injury or serious distress without an appropriate assessment.
Does Every Difficult Therapy Session Mean Abuse Occurred?
No. A child may become upset during a session for many reasons. An injury or behavioral change also requires investigation before anyone can determine its cause.
The Behavior Analyst Certification Board’s ethics code requires covered behavior analysts to prioritize positive reinforcement, minimize risks, and evaluate interventions. It also places conditions on restrictive or punishment-based procedures. These professional requirements help frame questions about treatment, although an ethical violation does not automatically establish a civil lawsuit.
Families should be able to ask what occurred, why a technique was used, who authorized it, and how the provider assessed the child’s response.
The Behavior Analyst Certification Board’s ethics code requires covered behavior analysts to prioritize positive reinforcement, minimize risks, and evaluate interventions. It also places conditions on restrictive or punishment-based procedures. These professional requirements help frame questions about treatment, although an ethical violation does not automatically establish a civil lawsuit.
Families should be able to ask what occurred, why a technique was used, who authorized it, and how the provider assessed the child’s response.
Warning Signs That Deserve Attention
You know your child’s usual behavior and ways of communicating. Changes that deserve attention may include:
- Unexplained bruises, scratches, swelling, or other injuries.
- New fear of a particular therapist, room, or treatment location.
- Unusual withdrawal, flinching, or distress when someone approaches.
- Significant changes in sleep, eating, or toileting.
- New or increased aggression, self-injury, or emotional outbursts.
- Loss of previously demonstrated skills.
- Persistent distress before or after appointments.
When Your Child Communicates Without Speech
Some children communicate through gestures, pictures, communication devices, or changes in behavior. Pay attention to how your child communicates discomfort and whether particular people or situations appear connected to that distress.
Document what you observe without assuming its cause. If your child describes an incident, preserve their words or communication as accurately as possible. Avoid repeatedly asking leading questions or suggesting what the answer should be. Professionals experienced in working with children with communication disabilities can help assess concerns appropriately.
Document what you observe without assuming its cause. If your child describes an incident, preserve their words or communication as accurately as possible. Avoid repeatedly asking leading questions or suggesting what the answer should be. Professionals experienced in working with children with communication disabilities can help assess concerns appropriately.
How Autism Center Negligence Can Contribute to Harm
Questions about autism center abuse and negligence may include whether the center:
- Adequately screened, trained, and supervised staff.
- Assigned personnel qualified to carry out the child’s treatment plan.
- Responded appropriately to earlier complaints or incidents.
- Followed safety procedures and the child’s individual care requirements.
- Recognized injuries or medical concerns and obtained appropriate help.
- Accurately documented incidents and communicated with the family.
What to Do if You Suspect ABA Therapy Abuse
Put Your Child’s Safety and Medical Needs First
If your child is in immediate danger, call 911. Obtain prompt medical care for injuries or concerning symptoms, and explain what you observed and why you are concerned about the treatment setting.
A medical evaluation can address your child’s immediate needs and document findings. Ask the treating professional about appropriate follow-up care and support.
A medical evaluation can address your child’s immediate needs and document findings. Ask the treating professional about appropriate follow-up care and support.
Report Suspected Abuse
In Michigan, suspected child abuse or neglect can be reported to the Michigan Department of Health and Human Services at 855-444-3911, available day or night. Contact law enforcement when you suspect an assault or other criminal conduct.
Depending on the provider and circumstances, a complaint may also be appropriate with Michigan’s Department of Licensing and Regulatory Affairs or the Behavior Analyst Certification Board. Reporting concerns to the center does not replace reporting to the appropriate authorities.
Depending on the provider and circumstances, a complaint may also be appropriate with Michigan’s Department of Licensing and Regulatory Affairs or the Behavior Analyst Certification Board. Reporting concerns to the center does not replace reporting to the appropriate authorities.
Preserve Photographs, Messages, and Treatment Records
Keep a dated record of what you noticed, when you noticed it, and what the provider told you. Preserve original photographs, videos, emails, text messages, and messages exchanged through the center’s application or patient portal.
Useful records may include treatment plans, session notes, incident reports, attendance records, medical records, and communications about changes in your child’s condition. Save the versions you already have.
If the center may have surveillance or session recordings, promptly request in writing that it preserve footage covering the relevant dates and locations. An attorney can help identify additional records and send preservation demands. Requesting preservation does not necessarily give a family immediate access to every record or recording.
Useful records may include treatment plans, session notes, incident reports, attendance records, medical records, and communications about changes in your child’s condition. Save the versions you already have.
If the center may have surveillance or session recordings, promptly request in writing that it preserve footage covering the relevant dates and locations. An attorney can help identify additional records and send preservation demands. Requesting preservation does not necessarily give a family immediate access to every record or recording.
Obtain Legal Advice While the Evidence Is Available
You can seek a legal review before you have every document or know precisely what happened. An attorney can help identify the evidence needed to evaluate the incident, the responsible parties, and the connection between the conduct and your child’s injuries.
Filing deadlines and procedural requirements depend on the claim and circumstances. Do not assume that an internal investigation or an agency complaint protects the deadline for a civil lawsuit.
Filing deadlines and procedural requirements depend on the claim and circumstances. Do not assume that an internal investigation or an agency complaint protects the deadline for a civil lawsuit.
When Can a Family Bring an ABA Therapy Abuse Lawsuit?
A potential case requires careful review of the evidence and applicable law. In a negligence claim, the investigation generally addresses whether the defendant owed a duty of care, failed to meet that duty, and caused an injury resulting in damages.
Depending on the facts, an attorney may evaluate claims involving intentional misconduct, negligent care or supervision, or professional negligence. The provider’s status and the nature of the alleged wrongdoing can affect which legal requirements apply.
An investigation should also address causation: what harm resulted from the conduct being challenged? Treatment records, medical evaluations, witness accounts, recordings, and qualified expert opinions may help answer that question.
A child’s existing autism diagnosis is part of their medical history. The investigation should identify any new injury or worsening of their condition and determine whether the provider’s conduct caused or contributed to that harm.
Depending on the facts, an attorney may evaluate claims involving intentional misconduct, negligent care or supervision, or professional negligence. The provider’s status and the nature of the alleged wrongdoing can affect which legal requirements apply.
An investigation should also address causation: what harm resulted from the conduct being challenged? Treatment records, medical evaluations, witness accounts, recordings, and qualified expert opinions may help answer that question.
A child’s existing autism diagnosis is part of their medical history. The investigation should identify any new injury or worsening of their condition and determine whether the provider’s conduct caused or contributed to that harm.
What Compensation May Be Available?
Depending on the claim, the evidence, and applicable law, recoverable damages may include reasonable medical expenses, additional treatment or rehabilitation costs, and compensation for pain, suffering, and mental anguish. Future care needs must be supported by appropriate evidence.
The evaluation should account for the child’s condition before the incident and the additional harm that followed. There is no standard settlement amount for an ABA therapy abuse case.
The evaluation should account for the child’s condition before the incident and the additional harm that followed. There is no standard settlement amount for an ABA therapy abuse case.
Speak With a Michigan ABA Therapy Abuse Lawyer
HADOUS|CO. has represented families affected by ABA therapy abuse and autism center negligence. Our work has included consultation with professionals in developmental and behavioral pediatrics, behavior analysis, nursing, and life care planning to evaluate injuries and future care needs.
If your child was injured during ABA therapy, experienced an unsafe physical intervention, or developed concerning symptoms after suspected mistreatment, we can review the circumstances and discuss your options.
Request a free consultation about ABA therapy abuse. You do not need to have every answer before contacting us. Tell us what happened, what concerns you, and what records you currently have.
If your child was injured during ABA therapy, experienced an unsafe physical intervention, or developed concerning symptoms after suspected mistreatment, we can review the circumstances and discuss your options.
Request a free consultation about ABA therapy abuse. You do not need to have every answer before contacting us. Tell us what happened, what concerns you, and what records you currently have.