Portfolio Entry 6 - Traducción Legal
La Fundación Nacional para la Epilepsia patrocina el Fondo para la Defensa Legal de los Epilépticos. Gracias a la labor del Fondo, existen múltiples recursos para aquellas personas que han sido discriminados a causa de su condición. Traduzca el siguiente fragmento que explica el derecho de un padre epiléptico en obtener la custodia de un hijo menor de edad.
Progress has been made in the area of parents with disabilities being awarded custody of their children. Several courts have ruled that a parent's disability, including epilepsy, cannot be the sole basis upon which custody is denied. This trend is particularly encouraging for people with epilepsy since it is rare that a parent's epilepsy will warrant denial of custody. People with epilepsy are often far more handicapped by other people's attitudes toward them than by their epilepsy. Custody decisions involving a parent with epilepsy should, therefore, be made on an individualized basis. Factors to consider in making a determination include the type of seizure, the degree of control, the frequency of seizures, whether there is a warning period (aura), whether the person is disoriented following a seizure and how long a recovery period is involved, if the seizures tend to occur at a particular time of day or if there appear to be certain precipitating causes, and how reliable the person is in taking prescribed anticonvulsant medication. Since these factors tend to combine in a unique way in each person it is important that generalized decisions not be made solely based on the fact that a person has epilepsy. It is important to examine what effect, if any, a person's seizures may have on his or her ability to care for children. The treating neurologist, who has the most information about the type(s) of seizures, the degree of control, and the effect that the person's seizures may have on the ability to function and care for a child, would provide help in this regard. Detailed information on the person's seizures is also important because the issue of a parent harming a child during a seizure is often raised. While violent or hazardous behavior rarely occurs during a seizure, it will be important for the individual to be prepared to counter this argument. Another issue that may be raised is the effect that observing a parent's seizure may have on a child. There is not very much information available on this subject. Courts may assume harm based upon a misunderstanding and unfounded fear of epilepsy. There is no scientific or psychological evidence that the witnessing of a seizure is bad for a child. One article reports that children who are dealt with openly about their parent's condition and who have been prepared for the possibility of a seizure are able to deal with the event better than children from whom this information has been withheld. This article is found at Lechtenberg, R. and Akner, L., "Psychologic Adaptation of Children to Epilepsy in a Parent," 25 Epilepsia 40 (l984). It is also important to demonstrate how a parent with active seizures is able to care for a child, especially if the child is very young. For example, individuals with active seizures who must be alone with infants will often develop specialized childcare routines that do not place the child at risk; such as diapering a baby on the floor, or bathing a child with a washcloth instead of placing it in a tub filled with water. Expert testimony on all of these issues is essential at a custody hearing, especially where it is anticipated that misinformation about epilepsy may be presented. Counsel for the parent with epilepsy should also be prepared to produce evidence about epilepsy itself in order to insure that the trier of fact understands basic facts about the condition and its manifestations.
