Senators Chuck Schumer of New York and Chuck Grassley of Iowa have introduced legislation to help the families of loved ones with autism, Alzheimer’s disease, and other conditions that make people prone to wandering.

Kevin and Avonte’s Law is named for two boys with autism who died after wandering. Avonte Oquendo, age 14, drowned in the East River after leaving his New York City school in 2014. Kevin Wills, age 9, drowned in 2008 after jumping into Iowa’s Raccoon River.

The bill would allow grants from the Justice Department to be used for training and education programs operated by nonprofit organizations and law enforcement agencies. The bill would also provide resources to support emergency protocols and tracking technology to promote the safety of individuals who may wander.

After the death of Avonte Oquendo, Sen. Schumer said that Avonte’s wandering was not an isolated incident, and technological solutions such as tracking devices could help. Tracking devices may be attached to the clothing of a person prone to wandering or bolting, whether the person is a child with autism or a senior with Alzheimer’s disease or other dementia. Sen. Schumer’s original bill was called Avonte’s Law.

The introduction of Kevin and Avonte’s Law was applauded by the Autism Safety Coalition, which is made up of several national organizations. The coalition said that in 2015, 31 people with autism died after wandering away from safety.

Read more about the history Avonte’s Law from our special needs blog:

• Electronic Tracking Devices in Wake of Avonte (by Marion Walsh, Esq., & Stacy Sadove, Esq.)
• Avonte’s Law Addresses School Safety for Children with Special Needs

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

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The U.S. Department of Justice recently announced that a federal grant program that provides electronic tracking devices for adults with Alzheimer’s disease has been expanded to apply to children with autism.

The announcement came after tragedy struck Queens, New York, where the remains of Avonte Oquendo, a 14-year-old autistic boy, were recently discovered. Avonte wandered away from his school on October 4, 2013. A massive search, lasting over three months, resulted in the discovery of the boy’s body in the East River on January 16.

The voluntary program will allow parents of children with autism and other developmental disorders to obtain a tracking device through local law enforcement agencies and nonprofit groups. The devices may be worn as bracelets or anklets and attached to belt loops or shoelaces.

A recent study showed that 49 percent of children and teens with autism have attempted to run or wander from their caretakers. Recovery time of an individual wearing a tracking device averages as much as 95 percent less than that of an individual without a tracking device.

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The proposed legislation is called “Avonte’s law,” after Avonte Oquendo, a 14-year-old boy with autism who was found dead after he disappeared from his school in Queens.

The law would increase funding for a Department of Justice program that provides grants to police departments and other groups that allow them to supply tracking devices for people with Alzheimer’s disease. The law would allocate $10 million to expand the program to cover children with autism. The tracking device cost between $80 and $90 to purchase and a few dollars per month to operate. Interested parents would have free access to the devices, which can be sewn into clothing or worn around the wrist.

Use of the devices would be the decision of the parents, and local governments would decide exactly how they would be implemented. The devices can be programmed in different ways, for instance to alert authorities automatically when a child leaves a certain perimeter such as school grounds, or to become activated only when authorities are notified.

Avonte Oquendo disappeared from his school by the Queens waterfront in October. He had no prior history of running away. Due to severe autism, he was not able to communicate verbally, making him more vulnerable to danger. The New York Police Department, along with the boy’s family and volunteers, searched for him by every available means. Bloodhounds were put on the scent, divers searched the East River, and neighbors and subway riders saw the boy’s face on posters and heard announcements regarding his disappearance. His remains were discovered along the East River shoreline in January. DNA testing confirmed the identity of the body, and an investigation continues into the cause of death.

According to Sen. Schumer, the tracking equipment is “a high-tech solution to an age-old problem.” Research indicates that almost 50 percent of children with autism are prone to wandering or bolting, often to get away from noises that overstimulate them. Many are drawn to bodies of water because they seem soothing, which creates a significant drowning risk.

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