VI.   Homo Sapien Life

Custody of a Disabled Adult is legal recognition of guardian rights and the rights of a temporarily or permanently disabled adult concerning custody as well as conditions of emancipation from a facility or institution.

Disability is defined broadly into physical and mental incapacity, with mental incapacity defined by four categories being cognitive, perceptual, behavioral and sociopathic:

(i) Cognitive incapacitation is defined as when a person is unable to cognitively process the facts of a required action in a logical and sensible sequence and/or is unable to make a judgment based on such rational processing; and

(ii) Perceptual incapacitation is when a person is unable to distinguish from objects that are real and capable of being proven as having existence and those objects which are unable to be proven as having existence and have no basis of common heritage or custom belief; and

(iii) Behavioral incapacitation is when a person exhibits a lack of self control over their physical behaviors which may or may not include violent outbursts, but which clearly show a lack of self-restraint against the perceived normality’s of public and private behaviour; and

(iv) Severe incapacitation is when a person is suffering traits which correspond to two or more of the categories of above.

A Disabled Adult may be in the custody of a guardian via one of several methods:

(i) That the Disabled Adult continues to suffer severe physical and mental disabilities and has therefore been institutionalized since childhood; or

(ii) That the Disabled Adult may have voluntarily sought to be at a particular therapeutic facility for some form of treatment and assistance; or

(iii) The Disabled Adult was placed against their will within a facility for some for of treatment and assistance.

All judicial authority concerning matters of resolving disputes concerning custody and the welfare of Disabled Person is subject to these Canons.

A Disabled Person suffering mental illness who is placed in a facility against their will, without an associated criminal conviction has the fundamental right every fourteen days to call a panel of review to test their competency and state of mind with consideration to having the person released from custody.

Should a Disabled Person suffering mental illness, who is placed in a facility in contrast to a prison due to some criminal charge, achieve a level of cure and competence, then they shall be required to complete any outstanding sentence against their conviction as if they never suffered mental illness.