I checked with the Justice Department about the settlement agreement that mandated that domestic violence shelters have TTYs, and was told the following:
1. The settlement addressed only the obligations of a county-operated shelter, under title II of the ADA. Shelters run by counties MUST have TTYs, and must train staff on how to use them.
2. Shelters run by nonprofits (covered by title III of the ADA) were not part of the settlement agreement, and are not required to have TTYs, unless they allow residents to make outgoing calls on more than an incidental basis.
3. Rape treatment centers were not part of the settlement agreement, but the same analysis applies. If it is a rape treatment center run by a county (title II), it likely must have a TTY, and staff must be trained. If it is a rape treatment center run by a nonprofit (title III), then it is not required to have TTYs, unless they allow outgoing calls on more than an incidental basis.
4. Please note that callers seeking to use the services of a domestic violence shelter or rape treatment center would prefer to communicate directly with the counselor on the phone, rather than going through a third party operator. Therefore, I strongly recommend that all domestic violence shelters and rape treatment centers get TTYs, and train their staff on how to use them.
5. More and more, the deaf and hard of hearing communities are obtaining video phones, and using sign language on video to communicate. Those with video phones will call a video relay operator, and the operator will communicate with them using sign language, and the operator will converse with the shelter or rape treatment center using voice. As this develops, TTYs will still be used, but it will be important to train staff to be ready to take these calls that use the services of a relay operator. This will functionally be no different than taking relay calls that use a TTY.
6. TTY numbers should be advertised, on websites and in outreach materials.
7. Having a TTY number, even when not mandated by law, sends an important message to the deaf and hard of hearing communities, a message that you are welcoming them, and are prepared to serve them.
8. The Justice Department’s enforcement of the ADA is primarily complaint-driven. If they get the right case involving a title III nonprofit domestic violence shelter or rape treatment center that does not have a TTY, they may decide that where life and death consequences are involved, a TTY will be required, even if the shelter or rape treatment center does not allow outgoing calls on more than an incidental basis. This has really not been tested yet, and it really makes little sense to have such an artificial distinction in these cases. While it makes sense to allow a business (title III) to make callers rely on the relay operator system to call, it frankly makes less sense to have such a system when callers in crisis are trying to get help for domestic violence or rape. Congress overlooked this, and the drafters of the title III regulations overlooked this. It may be time to no longer overlook it, and mandate that all domestic violence centers and rape treatment centers be required to have TTYs, not just those operated by state and local governments. One thing I am sure of – no nonprofit domestic violence program or rape treatment center wants to be the test case.
Marc
Visit www.victimswithdisabilities.org
Thursday, October 29, 2009
Tuesday, October 27, 2009
DOJ: first estimates of crime against people with disabilities
The U.S. Department of Justice, Bureau of Justice Statistics (BJS) issued the first estimates of crime against people with disabilities.
Using 2007 National Crime Victimization Survey data, BJS estimates that about one third (34%) of the crimes against persons with or without a disability in 2007 were serious violent crimes (rape/sexual assault, robbery, or aggravated assault). Persons with disabilities were victims of about 47,000 rapes, 79,000 robberies, 114,000 aggravated assaults, and 476,000 simple assaults.
Other findings include:
The rate of nonfatal violent crimes against people with disabilities was 1.5 times higher than the rate for people without disabilities.
Rates of rape and sexual assault were more than twice those for people without disabilities.
Youth with a disability ages 12 to 19 experienced violence at nearly twice the rate as those without a disability.
People with cognitive disabilities had a higher risk of violent victimization than persons with any other type of disability.
People with multiple disabilities accounted for about 56% of all violent crime victimizations against those with any disability.
Nearly 1 in 5 violent crime victims with a disability believed that they became a victim because of their disability.
Similar percentages of victims of violent crime with disabilities (58%) and without disabilities (60%) resisted their attackers.
Police did not respond to about 23% of reported violent crimes against people with disabilities, compared to about 10% of reported violent crimes against victims without disabilities.
The Crime Victims with Disabilities Awareness Act (Public Law 105-301), 1998, required the National Crime Victimization Survey (NCVS) to measure the victimization of people with disabilities.
For more information
Read the Department of Justice press release: First National Study on Crime Against People with Disabilities
Read the text-only version of the report: Crime Against People with Disabilities
Read the PDF version of the report: Crime Against People with Disabilities (PDF file)
Visit www.victimswithdisabilities.org
Using 2007 National Crime Victimization Survey data, BJS estimates that about one third (34%) of the crimes against persons with or without a disability in 2007 were serious violent crimes (rape/sexual assault, robbery, or aggravated assault). Persons with disabilities were victims of about 47,000 rapes, 79,000 robberies, 114,000 aggravated assaults, and 476,000 simple assaults.
Other findings include:
The rate of nonfatal violent crimes against people with disabilities was 1.5 times higher than the rate for people without disabilities.
Rates of rape and sexual assault were more than twice those for people without disabilities.
Youth with a disability ages 12 to 19 experienced violence at nearly twice the rate as those without a disability.
People with cognitive disabilities had a higher risk of violent victimization than persons with any other type of disability.
People with multiple disabilities accounted for about 56% of all violent crime victimizations against those with any disability.
Nearly 1 in 5 violent crime victims with a disability believed that they became a victim because of their disability.
Similar percentages of victims of violent crime with disabilities (58%) and without disabilities (60%) resisted their attackers.
Police did not respond to about 23% of reported violent crimes against people with disabilities, compared to about 10% of reported violent crimes against victims without disabilities.
The Crime Victims with Disabilities Awareness Act (Public Law 105-301), 1998, required the National Crime Victimization Survey (NCVS) to measure the victimization of people with disabilities.
For more information
Read the Department of Justice press release: First National Study on Crime Against People with Disabilities
Read the text-only version of the report: Crime Against People with Disabilities
Read the PDF version of the report: Crime Against People with Disabilities (PDF file)
Visit www.victimswithdisabilities.org
Saturday, October 24, 2009
Information About Deaf Culture
Source: DeafHope
DeafHope provides a variety of information about the Deaf community. Please click on the titles below for details. If you need additional information, please contact us.
The 10 Commandments of Deaf Culture
Sign Language Interpreters
Certified Deaf Interpreters
Video Relay Services
TTYs
TTY Relay Service
Visit www.victimswithdisabilities.org
DeafHope provides a variety of information about the Deaf community. Please click on the titles below for details. If you need additional information, please contact us.
The 10 Commandments of Deaf Culture
Sign Language Interpreters
Certified Deaf Interpreters
Video Relay Services
TTYs
TTY Relay Service
Visit www.victimswithdisabilities.org
DeafHope Power and Control Wheel
Power and Control Wheel
Deaf Power and Control Wheel
Domestic violence manifests itself differently in each culture based on the language and values of their people. The Deaf community is unique because it has language and cultural norms that cross geographic borders. Aspects of domestic violence in the Deaf
community are often overlooked by hearing professionals (DV advocates, law
enforcement, medical professionals, etc.). DeafHope advocates have compiled
information from 5 years worth of interviews from Deaf survivors of domestic violence into the Deaf Power and Control Wheel....
Visit www.victimswithdisabilities.org
Deaf Power and Control Wheel
Domestic violence manifests itself differently in each culture based on the language and values of their people. The Deaf community is unique because it has language and cultural norms that cross geographic borders. Aspects of domestic violence in the Deaf
community are often overlooked by hearing professionals (DV advocates, law
enforcement, medical professionals, etc.). DeafHope advocates have compiled
information from 5 years worth of interviews from Deaf survivors of domestic violence into the Deaf Power and Control Wheel....
Visit www.victimswithdisabilities.org
DOJ Enters Into Settlement with County DV Shelter -- Mandates TTYs and Training of Staff
DOJ: "...If the City’s Domestic Violence Programs operate a hotline to take telephone calls of an emergency nature, the City shall ensure that it provides equivalent service for persons who use TTY’s, including providing direct-connection service for TTY users with hotline operators, without requiring TTY users to call through a third party operator, such as through the state or local Telecommunication Relay Services. (emphasis added).
The City will obtain the necessary equipment, establish the written procedures, and provide the training necessary to ensure effective communication by Hotline staff with direct-connection callers using TTY’s, as well as the training necessary to respond to callers who use the Telecommunication Relay Services...." (emphasis added)
Visit www.victimswithdisabilities.org
The City will obtain the necessary equipment, establish the written procedures, and provide the training necessary to ensure effective communication by Hotline staff with direct-connection callers using TTY’s, as well as the training necessary to respond to callers who use the Telecommunication Relay Services...." (emphasis added)
Visit www.victimswithdisabilities.org
Friday, October 23, 2009
My shelter gets federal financial assistance -- what does that mean, and what are the potential consequences of not serving victims with disabilities?
Source: US Department of Justice
Note: This discusses Title VI obligations, but the same information applies under Section 504 of the Rehabilitation Act, which prohibits discrimination on the basis of disability by recipients of federal financial assistance.
- marc
Federal financial assistance includes grants, training, use of equipment, donations of surplus property, and other assistance.
Subrecipients are also covered, when federal funds are passed from one recipient to a subrecipient. Recipients of federal funds range from state and local agencies, to nonprofits and other organizations. A list of the types of recipients and the agencies funding them can be found at Executive Order 12250 Coordination of Grant-Related Civil Rights Statutes.
Title VI covers a recipient's entire program or activity. This means all parts of a recipient's operations are covered. This is true even if only one part of the recipient receives the federal assistance.
Example: DOJ provides assistance to a state department of corrections to improve a particular prison facility. All of the operations of the entire state department of corrections--not just the particular prison--are covered.
http://www.lep.gov/faqs/faqs.html
Visit www.victimswithdisabilities.org
Note: This discusses Title VI obligations, but the same information applies under Section 504 of the Rehabilitation Act, which prohibits discrimination on the basis of disability by recipients of federal financial assistance.
- marc
Federal financial assistance includes grants, training, use of equipment, donations of surplus property, and other assistance.
Subrecipients are also covered, when federal funds are passed from one recipient to a subrecipient. Recipients of federal funds range from state and local agencies, to nonprofits and other organizations. A list of the types of recipients and the agencies funding them can be found at Executive Order 12250 Coordination of Grant-Related Civil Rights Statutes.
Title VI covers a recipient's entire program or activity. This means all parts of a recipient's operations are covered. This is true even if only one part of the recipient receives the federal assistance.
Example: DOJ provides assistance to a state department of corrections to improve a particular prison facility. All of the operations of the entire state department of corrections--not just the particular prison--are covered.
http://www.lep.gov/faqs/faqs.html
Visit www.victimswithdisabilities.org
10 Facts on Female Victims of Violence
This month the Bureau of Justice Statistics released their latest report on Female Victims of Violence (PDF). The report focuses on intimate partner violence, rape and sexual assault, and stalking. It includes estimates of the extent of crimes against females and the characteristics of crimes and victims. The following 10 facts are a small sampling of findings from the report.
•In 2008, females age 12 or older were five times more likely than males age 12 or older to be victims of intimate partner violence.
•In 2007 intimate partners committed 14% of all homicides in the U.S.
•The total estimated number of intimate partner homicide victims in 2007 was 2,340, including 1,640 females and 700 males.
•Females made up 70% of victims killed by an intimate partner in 2007, a proportion that has changed very little since 1993.
•Females are generally murdered by people they know. In 64% of female homicide cases in 2007, females were killed by a family member or intimate partner.
•The overall rate of female homicides fell 43% between 1993 and 2007.
•Between 1993 and 2008 the rate of rape or sexual assault against females declined by 70% (from 4.7 to 1.4 per 1,000 females age 12 or older). The rate of rape or sexual assault against males declined by 36% between 1993 and 2008 (from 0.5 to 0.3 per 1,000 males age 12 or older).
•One in five rape or sexual assaults against females (20%) was committed by an intimate partner.
During a 12-month period in 2005 and 2006, an estimated 3.4 million persons age 18 or older were victims of stalking.
•Females were at higher risk of stalking victimization than males. During the study period, females experienced 20 stalking victimizations per 1,000 females age 18 or older. The rate of stalking victimization for males was approximately 7 per 1,000 males age 18 or older.
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•In 2008, females age 12 or older were five times more likely than males age 12 or older to be victims of intimate partner violence.
•In 2007 intimate partners committed 14% of all homicides in the U.S.
•The total estimated number of intimate partner homicide victims in 2007 was 2,340, including 1,640 females and 700 males.
•Females made up 70% of victims killed by an intimate partner in 2007, a proportion that has changed very little since 1993.
•Females are generally murdered by people they know. In 64% of female homicide cases in 2007, females were killed by a family member or intimate partner.
•The overall rate of female homicides fell 43% between 1993 and 2007.
•Between 1993 and 2008 the rate of rape or sexual assault against females declined by 70% (from 4.7 to 1.4 per 1,000 females age 12 or older). The rate of rape or sexual assault against males declined by 36% between 1993 and 2008 (from 0.5 to 0.3 per 1,000 males age 12 or older).
•One in five rape or sexual assaults against females (20%) was committed by an intimate partner.
During a 12-month period in 2005 and 2006, an estimated 3.4 million persons age 18 or older were victims of stalking.
•Females were at higher risk of stalking victimization than males. During the study period, females experienced 20 stalking victimizations per 1,000 females age 18 or older. The rate of stalking victimization for males was approximately 7 per 1,000 males age 18 or older.
Visit www.victimswithdisabilities.org
Tuesday, October 20, 2009
National Domestic Violence Hotline
If you, or someone you know, are a victim of domestic violence, please call:
National Domestic Violence Hotline:
1-800-799-SAFE 1-800-799-SAFE (7233)
1-800-787-3224 1-800-787-3224 (TTY)
Visit www.victimswithdisabilities.org
National Domestic Violence Hotline:
1-800-799-SAFE 1-800-799-SAFE (7233)
1-800-787-3224 1-800-787-3224 (TTY)
Visit www.victimswithdisabilities.org
Judge Carbon to Direct Office on Violence Against Women
Judge Carbon to Direct Office on Violence Against Women
President Barack Obama has named Judge Susan B. Carbon to direct the federal Office on Violence Against Women (OVW). Judge Carbon is well-known to many domestic violence and child welfare experts for her longtime work to improve the judicial and social service response to families experiencing multiple forms of violence.
“I have known Judge Carbon for nearly two decades, and have long admired her exemplary career in public service and her dedication to defending the rights of women and children,” Senator Jeanne Shaheen (D-NH) told the Boston Globe. “Judge Carbon was the driving force behind many of New Hampshire’s efforts to strengthen domestic legal protections for women, and I’m so happy she will now lead the charge on this important issue nationwide.” Senator Shaheen recommended Judge Carbon for the position.
“Judge Carbon is a wonderful choice to lead the Office on Violence Against Women,” agreed Family Violence Prevention Fund (FVPF) President Esta Soler. “We have worked with her for many years, and know first-hand that she is passionate about stopping domestic, sexual and dating violence and protecting victims. We know that she will be highly effective in this position. We welcome her leadership.”
First appointed to the bench in 1991, Judge Carbon has been a Supervisory Judge of the New Hampshire Judicial Branch Family Division since 1996. She also serves as faculty for the National Judicial Institute on Domestic Violence – a partnership of the OVW, the FVPF, and the National Council of Juvenile and Family Court Judges (NCJFCJ). She was President of NCJFCJ from 2007 to 2008, and still frequently serves as a faculty member.
President Obama announced Judge Carbon’s appointment at the same time he announced his intent to nominate James B. Warlick, Jr. to serve as Ambassador to the Republic of Bulgaria. He said of the two nominees, “I am grateful that these two outstanding individuals will be joining my administration by serving in these important roles. I look forward to working with them in the months and years ahead.”
Judge Carbon is a member of the Governor’s Commission on Domestic and Sexual Violence and, until recently, chaired New Hampshire’s Domestic Violence Fatality Review Committee. She also chaired the project that produced the multidisciplinary Effective Issuance and Enforcement of Orders of Protection in Domestic Violence Cases (The Burgundy Book), a document used throughout the country and U.S. territories to guide professionals in their work around civil protection orders.
Judge Carbon has trained judges and other professionals across the country and internationally on topics related to family violence, firearms, child custody, and child protection. She has published extensively on these and other topics, including on judicial selection and retention and judicial administration. She is a graduate of the University of Wisconsin-Madison and the DePaul University College of Law.
Visit www.victimswithdisabilities.org
President Barack Obama has named Judge Susan B. Carbon to direct the federal Office on Violence Against Women (OVW). Judge Carbon is well-known to many domestic violence and child welfare experts for her longtime work to improve the judicial and social service response to families experiencing multiple forms of violence.
“I have known Judge Carbon for nearly two decades, and have long admired her exemplary career in public service and her dedication to defending the rights of women and children,” Senator Jeanne Shaheen (D-NH) told the Boston Globe. “Judge Carbon was the driving force behind many of New Hampshire’s efforts to strengthen domestic legal protections for women, and I’m so happy she will now lead the charge on this important issue nationwide.” Senator Shaheen recommended Judge Carbon for the position.
“Judge Carbon is a wonderful choice to lead the Office on Violence Against Women,” agreed Family Violence Prevention Fund (FVPF) President Esta Soler. “We have worked with her for many years, and know first-hand that she is passionate about stopping domestic, sexual and dating violence and protecting victims. We know that she will be highly effective in this position. We welcome her leadership.”
First appointed to the bench in 1991, Judge Carbon has been a Supervisory Judge of the New Hampshire Judicial Branch Family Division since 1996. She also serves as faculty for the National Judicial Institute on Domestic Violence – a partnership of the OVW, the FVPF, and the National Council of Juvenile and Family Court Judges (NCJFCJ). She was President of NCJFCJ from 2007 to 2008, and still frequently serves as a faculty member.
President Obama announced Judge Carbon’s appointment at the same time he announced his intent to nominate James B. Warlick, Jr. to serve as Ambassador to the Republic of Bulgaria. He said of the two nominees, “I am grateful that these two outstanding individuals will be joining my administration by serving in these important roles. I look forward to working with them in the months and years ahead.”
Judge Carbon is a member of the Governor’s Commission on Domestic and Sexual Violence and, until recently, chaired New Hampshire’s Domestic Violence Fatality Review Committee. She also chaired the project that produced the multidisciplinary Effective Issuance and Enforcement of Orders of Protection in Domestic Violence Cases (The Burgundy Book), a document used throughout the country and U.S. territories to guide professionals in their work around civil protection orders.
Judge Carbon has trained judges and other professionals across the country and internationally on topics related to family violence, firearms, child custody, and child protection. She has published extensively on these and other topics, including on judicial selection and retention and judicial administration. She is a graduate of the University of Wisconsin-Madison and the DePaul University College of Law.
Visit www.victimswithdisabilities.org
Resource - Center for Independent Living of South Florida
There are more than 680 Centers for Independent Living or CILS in the United States. CILS are 501(c)(3) charitable organizations that are community-based, non-residential, not-for-profit, and consumer-driven and managed. This means that most of the people on the boards and staffs of CILS are people with disabilities who have personal experience living with a disability. They know how to overcome the limits imposed by their disability. They will gladly share their knowledge and experience with you because they are, first and foremost, role models for persons with disabilities. This is what CILS are all about. They are places where people with disabilities come to learn from others like themselves what it’s like to be as independent as possible.
Continued on site
Visit www.victimswithdisabilities.org
Continued on site
Visit www.victimswithdisabilities.org
Monday, October 19, 2009
Study: instances of abuse against women with disabilities
Study: The instances of abuse of women with disabilities is estimated to range from 33% to 83%depending on the type of disability and the definition of abuse (Schaller and Lagergren, 1998).
Visit www.victimswithdisabilities.org
Visit www.victimswithdisabilities.org
Study: women with disabilities may be more vulnerable to certain kinds of physical, sexual or emotional abuse than their peers with no disability
...A study conducted by the Center for Research on Women with Physical Disabilities suggests that women with disabilities may be more vulnerable to certain kinds of physical, sexual or emotional abuse than their peers with no disability (Nosek, Howland, Rintal, et al., 1997; Nosek, Howland, & Young, 1997; Young, Nosek, Howland, et al., 1997). The study, conducted in a community sample, found that women with physical disabilities experienced abuse for longer periods, were subject to withholding of needed equipment, medication or transportation, and were more likely to be abused by health care providers, attendants or strangers....
Visit www.victimswithdisabilities.org
Visit www.victimswithdisabilities.org
Expert in violence against women with disabilities - Dr. Margaret A. Nosek, Ph.D.
Margaret A. Nosek, Ph.D.
Center for Research on Women with Disabilities
1475 West Gray, Suite 165
Houston, TX 77019
Phone/Fax: 713-523-0909 713-523-0909
mnosek@bcm.edu
Visit www.victimswithdisabilities.org
Center for Research on Women with Disabilities
1475 West Gray, Suite 165
Houston, TX 77019
Phone/Fax: 713-523-0909 713-523-0909
mnosek@bcm.edu
Visit www.victimswithdisabilities.org
Sunday, October 18, 2009
Statistics
Source: Jewish Women International
This section addresses the issue of women with disabilities abused by an intimate partner (versus general caretaker or other relationship). Similar to the non-disabled population, women comprise the majority of domestic violence victims with disabilities, although disabled men can also experience abuse. Here we will use the model of the female victim and the male perpetrator.
How many women have disabilities?
About 250 million women in the world live with some type of disability (www.independentliving.org), including 25 million women in the United States (Baylor College of Medicine, Center for Research on Women with Disabilities (CROWD), www.bcm.edu/crowd).
Continued....
www.victimswithdisabilities.org
This section addresses the issue of women with disabilities abused by an intimate partner (versus general caretaker or other relationship). Similar to the non-disabled population, women comprise the majority of domestic violence victims with disabilities, although disabled men can also experience abuse. Here we will use the model of the female victim and the male perpetrator.
How many women have disabilities?
About 250 million women in the world live with some type of disability (www.independentliving.org), including 25 million women in the United States (Baylor College of Medicine, Center for Research on Women with Disabilities (CROWD), www.bcm.edu/crowd).
Continued....
www.victimswithdisabilities.org
Stories from women with disabilities
Stories from women with disabilities
Read stories from Getting Free From Abuse
Jody's story - 'I know what it's like to be disregarded and disrespected by the legal system because I am Indigenous and deaf..'
Kazza's story - 'I am a young woman with a physical disability...'
www.victimswithdisabilities.org
Read stories from Getting Free From Abuse
Jody's story - 'I know what it's like to be disregarded and disrespected by the legal system because I am Indigenous and deaf..'
Kazza's story - 'I am a young woman with a physical disability...'
www.victimswithdisabilities.org
Back to Life
Back to Life is a private, nonprofit organization dedicated to creating opportunities for people with disabilities to participate fully and safely in their communities. The organization provides training and technical assistance to crime victims with disabilities and to the practitioners who work with these victims. For more information, call 512-255-1465 512-255-1465 , Fax 512-255-1746, or email: btl@inetport.com (Austin, TX).
www.victimswithdisabilities.org
www.victimswithdisabilities.org
Advocacy for Women and Kids in Emergencies (AWAKE)
Advocacy for Women and Kids in Emergencies (AWAKE) is a program for battered women who are recovering from substance abuse, as well as battered women with physical and cognitive disabilities. Services are offered in a local hospital, community health center, and a public housing project. The available counseling, educational, and advocacy services focus on the development of self-esteem, parenting skills, healing and self-discovery, and ultimately, for a future based on sobriety. For more information, call 617-355-4760 617-355-4760 (Boston, MA).
www.victimswithdisabilities.org
www.victimswithdisabilities.org
Barrier Free Living, Inc., (BFLI)
Barrier Free Living, Inc., (BFLI) has been working with family violence victims with disabilities for the past 10 years, and has recently expanded its program to include a hotline for victims with disabilities. In 1986, BFLI received a national award from the National Safety Council for Improving the Lives of People With Disabilities. A report entitled Domestic Violence and Women and Children with Disabilities by BFLI Executive Director Paul Feuerstein provides an excellent overview of the problems of women and children with disabilities. For more information, call 212-677-6668 212-677-6668 (New York, NY).
www.victimswithdisabilities.org
www.victimswithdisabilities.org
Domestic Violence Access Project In the State of Hawaii
Domestic Violence Access Project In the State of Hawaii, the Department of the Attorney General has awarded Violence Against Women Act (VAWA) grant funding to a statewide project that is developing linkages between domestic violence programs and service providers working with women with disabilities. The project provides specialized equipment to aid in providing services, as well as training for disability service providers on the nature of domestic violence and how to recognize it, how to elicit necessary information from victims and how to access available services. The development of partnerships and protocols for collaborative efforts should result in better services for domestic violence victims with disabilities. For more information, call 808-534-0040 808-534-0040 (State of Hawaii).
www.victimswithdisabilities.org
www.victimswithdisabilities.org
Victim Assistance to Deaf Adults and Children (VADAC).
Victim Assistance to Deaf Adults and Children (VADAC). The Department of Public Safety in South Carolina awarded VOCA funding to the State Department of Mental Health Services to deliver comprehensive victim assistance to Deaf and Hard-of-Hearing crime victims in fifteen counties in upstate South Carolina. Most services are provided in the home by case managers who are fluent in American Sign Language. Services include interpreting, case management, crisis counseling, therapy, victim rights information, and information about other available services. For more information, call 864-297-5044 864-297-5044 or 864-297-5130 864-297-5130 (TTY) (State of South Carolina).
www.victimswithdisabilities.org
www.victimswithdisabilities.org
Victim Services 2000
Victim Services 2000, a demonstration project funded by OVC to showcase a comprehensive, seamless model of victim assistance, has worked closely with disability rights specialists in the community to provide training to local victim service providers on how to best serve crime victims with disabilities. For more information, call 303-640-4933 303-640-4933 (Denver, CO).
www.victimswithdisabilities.org
www.victimswithdisabilities.org
The Victim Services Unit of the Ventura County District Attorney's Office
The Victim Services Unit of the Ventura County District Attorney's Office has a history of seeking out under served victim groups in the county. Their program which serves crime victims with disabilities is one of several unique services they provide. For more information, call 805-654-2500 805-654-2500 (Ventura, CA).
www.victimswithdisabilities.org
www.victimswithdisabilities.org
Training program entitled "Police and People with Disabilities"
The Hennepin County Attorney's Office and Crime Victim Initiative have spearheaded development of a training program entitled "Police and People with Disabilities," focusing on the important role of law enforcement in serving crime victims with disabilities. For more information, call 800-279-8284 800-279-8284 (Minneapolis, MN).
www.victimswithdisabilities.org
www.victimswithdisabilities.org
Training curriculum and video entitled "Your Safety, Your Rights,"
The Network of Victim Assistance has produced a training curriculum and video entitled "Your Safety, Your Rights," which highlights personal safety and abuse prevention information for adults with disabilities and for service providers. For more information, call 215-348-5664 215-348-5664 (Doylestown, PA).
www.victimswithdisabilities.org
www.victimswithdisabilities.org
The Metropolitan Organization to Counter Sexual Assault Developmental Disabilities Resource Center
The Metropolitan Organization to Counter Sexual Assault Developmental Disabilities Resource Center operates a sexual abuse prevention and information program for persons with disabilities. For more information, call 816-931-4527 816-931-4527 (Kansas City, MO).
www.victimswithdisabilities.org
www.victimswithdisabilities.org
The Domestic Violence Initiative for Women With Disabilities
The Domestic Violence Initiative for Women With Disabilities was founded to create, promote, and support viable alternatives for women with disabilities who are victims/survivors of domestic violence and/or caretaker abuse. This program also serves those who have become disabled as a result of domestic abuse. DVI provides extensive education and training to relevant service providers and the public about domestic violence and disability issues. For more information, call 303-839-5510 303-839-5510 voice/TDD (Denver, CO).
Source
www.victimswithdisabilities.org
Source
www.victimswithdisabilities.org
Saturday, October 17, 2009
Law Enforcement & Victims with Disabilities
Source: CROWD
Police have received little training in the special needs of women with disabilities.
Crime statistics make no record of disability. To do so would require police officers to be able to identify the wide variety of disabling conditions using only superficial information. This is an almost impossible challenge; however, some documentation is necessary before violence against women with disabilities will gain the attention it deserves. Standards for reporting should require some indication of functional limitations, such as mobility, sensory, or mental impairment.
Police officers, court justices, and other law enforcement staff should receive training in accommodations needed by persons with disabilities. Some progress has been made in increasing awareness of the needs of persons who have hearing impairments or developmental disabilities. Children should never be used as interpreters and nondisabled individuals should never be asked to speak in place of a disabled person who is capable of rendering the necessary information.
The courts have not proven friendly toward women with disabilities. There is a tendency to order mediation, which forces women to confront their abusers and risk the possibility that the abuser will twist the facts to make her appear to be an abuser or harasser. When children are involved, there is a long and unfortunate tradition in the courts of judgments that the woman is not competent to serve as a mother solely on the basis of her disability. Solutions to these problems will come about when judges acknowledge the civil rights of women with disabilities and understand the principles of the Americans with Disabilities Act.
Police have received little training in the special needs of women with disabilities.
Crime statistics make no record of disability. To do so would require police officers to be able to identify the wide variety of disabling conditions using only superficial information. This is an almost impossible challenge; however, some documentation is necessary before violence against women with disabilities will gain the attention it deserves. Standards for reporting should require some indication of functional limitations, such as mobility, sensory, or mental impairment.
Police officers, court justices, and other law enforcement staff should receive training in accommodations needed by persons with disabilities. Some progress has been made in increasing awareness of the needs of persons who have hearing impairments or developmental disabilities. Children should never be used as interpreters and nondisabled individuals should never be asked to speak in place of a disabled person who is capable of rendering the necessary information.
The courts have not proven friendly toward women with disabilities. There is a tendency to order mediation, which forces women to confront their abusers and risk the possibility that the abuser will twist the facts to make her appear to be an abuser or harasser. When children are involved, there is a long and unfortunate tradition in the courts of judgments that the woman is not competent to serve as a mother solely on the basis of her disability. Solutions to these problems will come about when judges acknowledge the civil rights of women with disabilities and understand the principles of the Americans with Disabilities Act.
TEN THINGS INDEPENDENT LIVING CENTERS CAN DO TO ASSIST WOMEN WITH DISABILITIES WHO ARE EXPERIENCING ABUSE
Source: CROWD
The Center for Research on Women with Disabilities has produced a poster on abuse of women with disabilities. You may request a copy of this poster, which has space to add information on how to contact local abuse intervention programs.
Screen for abuse when doing intakes with your consumers, using the Abuse Assessment Screen-Disability.*
Incorporate abuse safety planning as part of your peer counseling services.*
If you have a resource library for consumers, include resources on emotional, physical and sexual abuse.*
Become familiar with abuse intervention services offered in your community, and how accessible the services are to people with disabilities, so that you can refer consumers to these services.
Assist women in locating alternative attendent services when the person providing their care has been abusive.
Invite staff of abuse intervention programs to train your staff on abuse issues.
Offer to train abuse intervention staff on disability issues.
Collaborate with abuse intervention programs to train other service providers, such as law enforcement and medical and social service professionals, on the particular needs of women with disabilities who are experiencing abuse.
Collaborate with domestic abuse shelters to provide personal assistants to women with disabilities staying there and to replace medications and assistive devices left behind when women leave home due to abuse.
*The abuse screening questionnaire, resource list, and safety plan are included in an Abuse Prevention Kit which can be ordered from the Center for Research on Women with Disabilities.
The Center for Research on Women with Disabilities has produced a poster on abuse of women with disabilities. You may request a copy of this poster, which has space to add information on how to contact local abuse intervention programs.
Screen for abuse when doing intakes with your consumers, using the Abuse Assessment Screen-Disability.*
Incorporate abuse safety planning as part of your peer counseling services.*
If you have a resource library for consumers, include resources on emotional, physical and sexual abuse.*
Become familiar with abuse intervention services offered in your community, and how accessible the services are to people with disabilities, so that you can refer consumers to these services.
Assist women in locating alternative attendent services when the person providing their care has been abusive.
Invite staff of abuse intervention programs to train your staff on abuse issues.
Offer to train abuse intervention staff on disability issues.
Collaborate with abuse intervention programs to train other service providers, such as law enforcement and medical and social service professionals, on the particular needs of women with disabilities who are experiencing abuse.
Collaborate with domestic abuse shelters to provide personal assistants to women with disabilities staying there and to replace medications and assistive devices left behind when women leave home due to abuse.
*The abuse screening questionnaire, resource list, and safety plan are included in an Abuse Prevention Kit which can be ordered from the Center for Research on Women with Disabilities.
A 1992 survey by the Center for Research on Women with Disabilities made it clear that abuse is a serious problem for women with disabilities.
Source: CROWD
...Women with physical disabilities who responded to the survey experienced emotional, physical, or sexual abuse just as often as the women without disabilities who responded. 62 percent of the women with physical disabilities had experienced abuse at some time during their life, and 13 percent had experienced physical or sexual abuse during the year prior to the survey.
Women with physical disabilities reported being abused by spouses, live-in partners, other family members, people whom they were dating, health care professionals, and personal attendants....
...Women with physical disabilities who responded to the survey experienced emotional, physical, or sexual abuse just as often as the women without disabilities who responded. 62 percent of the women with physical disabilities had experienced abuse at some time during their life, and 13 percent had experienced physical or sexual abuse during the year prior to the survey.
Women with physical disabilities reported being abused by spouses, live-in partners, other family members, people whom they were dating, health care professionals, and personal attendants....
Dynamics of Violence Against Women with Disabilities
Source: CROWD
....Research exploring differences between women with and without
disabilities has identified that women with disabilities are more likely to
remain in abusive relationships for longer periods of time and to be abused
by health care providers (Nosek, Howland, & Young, 1997)...
Continued....
....Research exploring differences between women with and without
disabilities has identified that women with disabilities are more likely to
remain in abusive relationships for longer periods of time and to be abused
by health care providers (Nosek, Howland, & Young, 1997)...
Continued....
Recommendations for increasing the accessibility and availability of battered women's services for women with disabilities
Source: CROWD
...Recommendations
We offer the following recommendations for increasing the accessibility and availability of battered women's services for women with disabilities.
1. Modify shelters for battered women so they are fully accessible, including barrier-free access to sleeping rooms and common areas, architectural features that comply with the Americans with Disabilities Act, visual and auditory alarm systems, available interpreters, and TTYs for telephone communication.
2. Ensure that all services offered by battered women's programs are fully accessible and integrated for women with disabilities, including hot lines, individual counseling, and support groups.
3. Provide or refer legal assistance for obtaining restraining orders and managing court systems.
4. Keep statistics on the number of women with disabilities who call crisis hot lines or use other program services.
5. Assist and encourage police in recording disability status in their crime reports, as well as encouraging adoption of a separate category for perpetrators who are caregivers.
6. Train staff on how to communicate with persons who have hearing, cognitive, speech, or psychiatric impairments. Staff should understand environmental barriers faced by women with physical and sensory disabilities when offering advice or referrals for obtaining shelter.
7. Have on hand an extensive network of community referrals and contact numbers, including volunteers or other community resources for obtaining personal assistance.
8. Offer training to disability-related service providers, including independent living centers and churches, on recognizing the symptoms of abuse and the characteristics of potential batterers. Service providers should be familiar with and able to refer to resources for battered women in their community....
Continued....
...Recommendations
We offer the following recommendations for increasing the accessibility and availability of battered women's services for women with disabilities.
1. Modify shelters for battered women so they are fully accessible, including barrier-free access to sleeping rooms and common areas, architectural features that comply with the Americans with Disabilities Act, visual and auditory alarm systems, available interpreters, and TTYs for telephone communication.
2. Ensure that all services offered by battered women's programs are fully accessible and integrated for women with disabilities, including hot lines, individual counseling, and support groups.
3. Provide or refer legal assistance for obtaining restraining orders and managing court systems.
4. Keep statistics on the number of women with disabilities who call crisis hot lines or use other program services.
5. Assist and encourage police in recording disability status in their crime reports, as well as encouraging adoption of a separate category for perpetrators who are caregivers.
6. Train staff on how to communicate with persons who have hearing, cognitive, speech, or psychiatric impairments. Staff should understand environmental barriers faced by women with physical and sensory disabilities when offering advice or referrals for obtaining shelter.
7. Have on hand an extensive network of community referrals and contact numbers, including volunteers or other community resources for obtaining personal assistance.
8. Offer training to disability-related service providers, including independent living centers and churches, on recognizing the symptoms of abuse and the characteristics of potential batterers. Service providers should be familiar with and able to refer to resources for battered women in their community....
Continued....
Facts About Programs Delivering Battered Women's Services to Women with Disabilities
Source: CROWD
In 1997, CROWD mailed questionnaires to 2,703 domestic violence programs nationwide that deliver abuse-related services; 2200 came from the National Domestic Violence Hotline database of programs self-reporting wheelchair accessibility. We received 598 responses.
Characteristics of Women with Disabilities Served by Abuse Programs
The most common number of women with physical, mental or sensory disabilities served by a program during the past 12 months was 20, but the number served varied widely from one program to another, ranging from 0 to 12,000 women.
The disability type most likely to receive services from an abuse program was mental illness, whereas programs were the least likely to serve those with visual or hearing impairments. On average, 10 percent of the women served by each program had physical impairments, 7 percent had mental retardation or developmental disabilities, 21 percent had mental illness, 2 percent had visual impairment, and 3 percent had hearing impairment. For nearly half of the programs, less than 1 percent of their clients served within the past year had physical impairments.
Service Delivery
Abuse programs on average provided two services targeted to women with disabilities; 89 percent of abuse programs provided less than five special services for women with disabilities.
The most commonly provided service available to women with disabilities was accessible shelter or referral to accessible safe house or hotel room (83 percent). A majority of abuse programs provided individual counseling (80 percent), and group counseling (73 percent). Nearly half (47 percent) provided an interpreter for hearing impaired women. Less than half (40 percent) presented workshops or other training on recognizing potentially violent situations. Approximately one-third offered safety plan information modified for use by women with disabilities (36 percent), and disability awareness training for program staff (35 percent).
The service least likely to be offered was personal care attendant services, available in only 6 percent of abuse programs.
Sixteen percent of programs have a program staff member who is specifically assigned to provide services to women with disabilities. Respondents identified one-quarter of these 79 staff members as being social workers by training, while the second most common primary field of training or expertise for this staff member was peer counseling (22 percent), meaning that the individual had personal experience with abuse or disability, then rehabilitation counseling (15 percent), and psychology (13 percent). Only a very few (less than 5 each) program staff for disability services were nurses, other types of mental health specialists, legal or paralegal specialists, sign language interpreters, substance abuse specialists, or community volunteers.
Outreach
When participants were asked to describe the most effective outreach services for making women with disabilities aware of the abuse services offered by a program, 49 percent of respondents suggested community presentations and training, followed by printed materials (40 percent), then collaboration with agencies and advocacy groups that serve women with disabilities (26 percent), and direct service outreach and referrals (18 percent).
Although 49 percent of respondents considered presentations in the community focusing on the needs of abused women with disabilities to be the most effective outreach method, only 16 percent of programs offered it. Distributing printed materials was the second most frequent suggestion for outreach made by abuse programs, but only 13 percent had printed information targeted specifically to women with disabilities.
Abuse programs were also unlikely to educate law enforcement personnel about disability-related abuse; 12 percent of programs provided this service.
Conclusions
Although women with mental illness are being served by battered women's programs, very few women with physical, visual, or hearing impairments are receiving services from these programs.
The majority of the programs that responded offer accessible emergency shelter, yet few women with physical disabilities call them to request services. Outreach in the form of presentations in the community and distribution of printed materials is needed to make women with disabilities aware of programs that can help them resolve abuse.
Battered women's programs need to collaborate with personal care attendant agencies and independent living centers to enable the provision of personal assistance services for women with severe physical disabilities at emergency shelters.
The sensitive handling of domestic violence and sexual assault against women with disabilities should be a mandatory part of the training of law enforcement personnel in every city. They need to be aware of the additional measures that may be needed to keep a woman with a disability safe from the perpetrator.
The proportion of battered women's programs that provide disability awareness training for their staff needs to rise from one-third to 100 percent of all programs.
Battered women's programs that did not return surveys and that do not provide services to women with disabilities should network with programs that do serve women with disabilities to discover how to finance and provide these services.
Continued...
In 1997, CROWD mailed questionnaires to 2,703 domestic violence programs nationwide that deliver abuse-related services; 2200 came from the National Domestic Violence Hotline database of programs self-reporting wheelchair accessibility. We received 598 responses.
Characteristics of Women with Disabilities Served by Abuse Programs
The most common number of women with physical, mental or sensory disabilities served by a program during the past 12 months was 20, but the number served varied widely from one program to another, ranging from 0 to 12,000 women.
The disability type most likely to receive services from an abuse program was mental illness, whereas programs were the least likely to serve those with visual or hearing impairments. On average, 10 percent of the women served by each program had physical impairments, 7 percent had mental retardation or developmental disabilities, 21 percent had mental illness, 2 percent had visual impairment, and 3 percent had hearing impairment. For nearly half of the programs, less than 1 percent of their clients served within the past year had physical impairments.
Service Delivery
Abuse programs on average provided two services targeted to women with disabilities; 89 percent of abuse programs provided less than five special services for women with disabilities.
The most commonly provided service available to women with disabilities was accessible shelter or referral to accessible safe house or hotel room (83 percent). A majority of abuse programs provided individual counseling (80 percent), and group counseling (73 percent). Nearly half (47 percent) provided an interpreter for hearing impaired women. Less than half (40 percent) presented workshops or other training on recognizing potentially violent situations. Approximately one-third offered safety plan information modified for use by women with disabilities (36 percent), and disability awareness training for program staff (35 percent).
The service least likely to be offered was personal care attendant services, available in only 6 percent of abuse programs.
Sixteen percent of programs have a program staff member who is specifically assigned to provide services to women with disabilities. Respondents identified one-quarter of these 79 staff members as being social workers by training, while the second most common primary field of training or expertise for this staff member was peer counseling (22 percent), meaning that the individual had personal experience with abuse or disability, then rehabilitation counseling (15 percent), and psychology (13 percent). Only a very few (less than 5 each) program staff for disability services were nurses, other types of mental health specialists, legal or paralegal specialists, sign language interpreters, substance abuse specialists, or community volunteers.
Outreach
When participants were asked to describe the most effective outreach services for making women with disabilities aware of the abuse services offered by a program, 49 percent of respondents suggested community presentations and training, followed by printed materials (40 percent), then collaboration with agencies and advocacy groups that serve women with disabilities (26 percent), and direct service outreach and referrals (18 percent).
Although 49 percent of respondents considered presentations in the community focusing on the needs of abused women with disabilities to be the most effective outreach method, only 16 percent of programs offered it. Distributing printed materials was the second most frequent suggestion for outreach made by abuse programs, but only 13 percent had printed information targeted specifically to women with disabilities.
Abuse programs were also unlikely to educate law enforcement personnel about disability-related abuse; 12 percent of programs provided this service.
Conclusions
Although women with mental illness are being served by battered women's programs, very few women with physical, visual, or hearing impairments are receiving services from these programs.
The majority of the programs that responded offer accessible emergency shelter, yet few women with physical disabilities call them to request services. Outreach in the form of presentations in the community and distribution of printed materials is needed to make women with disabilities aware of programs that can help them resolve abuse.
Battered women's programs need to collaborate with personal care attendant agencies and independent living centers to enable the provision of personal assistance services for women with severe physical disabilities at emergency shelters.
The sensitive handling of domestic violence and sexual assault against women with disabilities should be a mandatory part of the training of law enforcement personnel in every city. They need to be aware of the additional measures that may be needed to keep a woman with a disability safe from the perpetrator.
The proportion of battered women's programs that provide disability awareness training for their staff needs to rise from one-third to 100 percent of all programs.
Battered women's programs that did not return surveys and that do not provide services to women with disabilities should network with programs that do serve women with disabilities to discover how to finance and provide these services.
Continued...
DOJ Settlement Agreement re Domestic Violence Shelter
SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF PORT ST. LUCIE, FLORIDA UNDER THE AMERICANS WITH DISABILITIES ACT DJ 204-18-185
http://www.ada.gov/st_lucie/st_lucie_sa.htm
....PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE AND ABUSE
If the City owns or operates any Domestic Violence Programs, within three months of the effective date of this Agreement, it will do the following:
Whatever written information is provided regarding its Domestic Violence Programs will also be provided in alternate formats, including Braille, large print, audio recording, and electronic formats, upon request.
Enter into contracts or make other arrangements with qualified sign language and oral interpreters to ensure their availability when required for effective communication with persons who are deaf or hard of hearing. The type of aid that will be required for effective communication will depend on the individual’s usual method of communication, and the nature, importance, and duration of the communication at issue. In many circumstances, oral communication supplemented by gestures and visual aids, an exchange of written notes, use of a computer or typewriter, or use of an assistive listening device may be effective. In other circumstances, qualified sign language or oral interpreters are needed to communicate effectively with persons who are deaf or hard of hearing. The more lengthy, complex, and important the communication, the more likely it is that a qualified interpreter will be required for effective communication with a person whose primary means of communication is sign language or speech reading.
If the City’s Domestic Violence Programs operate a hotline to take telephone calls of an emergency nature, the City shall ensure that it provides equivalent service for persons who use TTY’s, including providing direct-connection service for TTY users with hotline operators, without requiring TTY users to call through a third party operator, such as through the state or local Telecommunication Relay Services. The City will obtain the necessary equipment, establish the written procedures, and provide the training necessary to ensure effective communication by Hotline staff with direct-connection callers using TTY’s, as well as the training necessary to respond to callers who use the Telecommunication Relay Services.
Survey facilities used as shelters or designated as potential shelters – or for counseling, job training, education, clothing or household provisioning, or other aspects of Domestic Violence Programs – to ensure that adequate arrangements are available for potential clients and family members with disabilities, including adults and children who have mobility impairments, who are blind or have low vision, and who are deaf or hard of hearing. Within one year of the effective date of this Agreement, modify each such facility to remove the barriers or, alternatively, procure another, fully accessible facility to ensure that potential clients and family members with disabilities have integrated options when participating in a sheltering or other Domestic Violence program. Nothing in this Agreement requires any modifications that would compromise the confidentiality of a shelter or counseling center. Until there is a sufficient stock of accessible housing and other facilities within the sheltering program, City will implement written procedures ensuring that it has identified temporary accessible housing (such as accessible hotel rooms within the community or in nearby communities) and other facilities that could be used if people with disabilities need sheltering or inservice access to a Domestic Violence Program. The cost to potential clients of being housed or otherwise served in alternate accessible facilities shall not exceed any costs normally attributed to clients of City’s Domestic Violence Programs.
Implement written procedures and modify, as appropriate, eligibility criteria, to ensure that no person with a disability is turned away from a shelter or otherwise denied the opportunity to benefit from the services of the City’s Domestic Violence Programs on the basis of disability.
Implement written procedures to ensure that persons with disabilities who use service animals are not denied or discouraged from participating in Domestic Violence Programs, are able to be housed and served in an integrated environment, and are not separated from their service animals while participating in the City’s Domestic Violence Programs even if pets are normally not permitted in the facilities where such programs are conducted. The procedures will not unnecessarily segregate persons who use service animals from others but may take into account the potential presence of persons who, for safety or health reasons, should not be in contact with certain types of animals. If the City’s Domestic Violence Programs require clients to make any payments for shelter or other services they provide, clients shall not be required to make additional payments because they or their family members use service animals.
Implement written procedures to ensure that reasonable modifications are made to City’s Domestic Violence Programs when necessary for a client or family member with a disability to participate in such Programs, unless doing so would fundamentally alter the nature of the program.
Implement written policies to ensure that despite any “drug-free” policy of City’s Domestic Violence Programs, persons with disabilities who use medication prescribed for their use are able to continue using such medication while participating in such Programs or being housed in a shelter.
If the City contracts with another entity to provide or operate programs that provide shelter, counseling, or other assistance or supportive services to victims of domestic violence or abuse and their families (hereafter referred to as “Domestic Violence Programs”), it will ensure that the other entity complies with the preceding provisions on its behalf. If that entity will not comply with the following provisions, the City will nonetheless take all necessary steps to ensure that its program is accessible to persons with disabilities.
If the City has shelters, some may be owned or operated by other public entities subject to title II or by public accommodations subject to title III and, as such, are subject to the obligation to provide program access or remove barriers to accessibility under the ADA. This Agreement does not limit such future enforcement action against the owners or operators of these facilities by any person or entity, including the Department.
This Agreement shall not be construed to require the City to divulge confidential information relating to the location or existence of any Domestic Violence Programs, beyond what is otherwise required by applicable law or what is necessary for the Department to effectively enforce this Agreement. ....
http://www.ada.gov/st_lucie/st_lucie_sa.htm
....PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE AND ABUSE
If the City owns or operates any Domestic Violence Programs, within three months of the effective date of this Agreement, it will do the following:
Whatever written information is provided regarding its Domestic Violence Programs will also be provided in alternate formats, including Braille, large print, audio recording, and electronic formats, upon request.
Enter into contracts or make other arrangements with qualified sign language and oral interpreters to ensure their availability when required for effective communication with persons who are deaf or hard of hearing. The type of aid that will be required for effective communication will depend on the individual’s usual method of communication, and the nature, importance, and duration of the communication at issue. In many circumstances, oral communication supplemented by gestures and visual aids, an exchange of written notes, use of a computer or typewriter, or use of an assistive listening device may be effective. In other circumstances, qualified sign language or oral interpreters are needed to communicate effectively with persons who are deaf or hard of hearing. The more lengthy, complex, and important the communication, the more likely it is that a qualified interpreter will be required for effective communication with a person whose primary means of communication is sign language or speech reading.
If the City’s Domestic Violence Programs operate a hotline to take telephone calls of an emergency nature, the City shall ensure that it provides equivalent service for persons who use TTY’s, including providing direct-connection service for TTY users with hotline operators, without requiring TTY users to call through a third party operator, such as through the state or local Telecommunication Relay Services. The City will obtain the necessary equipment, establish the written procedures, and provide the training necessary to ensure effective communication by Hotline staff with direct-connection callers using TTY’s, as well as the training necessary to respond to callers who use the Telecommunication Relay Services.
Survey facilities used as shelters or designated as potential shelters – or for counseling, job training, education, clothing or household provisioning, or other aspects of Domestic Violence Programs – to ensure that adequate arrangements are available for potential clients and family members with disabilities, including adults and children who have mobility impairments, who are blind or have low vision, and who are deaf or hard of hearing. Within one year of the effective date of this Agreement, modify each such facility to remove the barriers or, alternatively, procure another, fully accessible facility to ensure that potential clients and family members with disabilities have integrated options when participating in a sheltering or other Domestic Violence program. Nothing in this Agreement requires any modifications that would compromise the confidentiality of a shelter or counseling center. Until there is a sufficient stock of accessible housing and other facilities within the sheltering program, City will implement written procedures ensuring that it has identified temporary accessible housing (such as accessible hotel rooms within the community or in nearby communities) and other facilities that could be used if people with disabilities need sheltering or inservice access to a Domestic Violence Program. The cost to potential clients of being housed or otherwise served in alternate accessible facilities shall not exceed any costs normally attributed to clients of City’s Domestic Violence Programs.
Implement written procedures and modify, as appropriate, eligibility criteria, to ensure that no person with a disability is turned away from a shelter or otherwise denied the opportunity to benefit from the services of the City’s Domestic Violence Programs on the basis of disability.
Implement written procedures to ensure that persons with disabilities who use service animals are not denied or discouraged from participating in Domestic Violence Programs, are able to be housed and served in an integrated environment, and are not separated from their service animals while participating in the City’s Domestic Violence Programs even if pets are normally not permitted in the facilities where such programs are conducted. The procedures will not unnecessarily segregate persons who use service animals from others but may take into account the potential presence of persons who, for safety or health reasons, should not be in contact with certain types of animals. If the City’s Domestic Violence Programs require clients to make any payments for shelter or other services they provide, clients shall not be required to make additional payments because they or their family members use service animals.
Implement written procedures to ensure that reasonable modifications are made to City’s Domestic Violence Programs when necessary for a client or family member with a disability to participate in such Programs, unless doing so would fundamentally alter the nature of the program.
Implement written policies to ensure that despite any “drug-free” policy of City’s Domestic Violence Programs, persons with disabilities who use medication prescribed for their use are able to continue using such medication while participating in such Programs or being housed in a shelter.
If the City contracts with another entity to provide or operate programs that provide shelter, counseling, or other assistance or supportive services to victims of domestic violence or abuse and their families (hereafter referred to as “Domestic Violence Programs”), it will ensure that the other entity complies with the preceding provisions on its behalf. If that entity will not comply with the following provisions, the City will nonetheless take all necessary steps to ensure that its program is accessible to persons with disabilities.
If the City has shelters, some may be owned or operated by other public entities subject to title II or by public accommodations subject to title III and, as such, are subject to the obligation to provide program access or remove barriers to accessibility under the ADA. This Agreement does not limit such future enforcement action against the owners or operators of these facilities by any person or entity, including the Department.
This Agreement shall not be construed to require the City to divulge confidential information relating to the location or existence of any Domestic Violence Programs, beyond what is otherwise required by applicable law or what is necessary for the Department to effectively enforce this Agreement. ....
Friday, October 16, 2009
OVW Disability Grant Program (U.S. Department of Justice)
INTRODUCTION
The Education, Training, and Enhanced Services to End Violence Against and Abuse of Women with Disabilities Grant Program (Disability Grant Program) was created by the Violence Against Women Act of 2000 (VAWA 2000). Congress, OVW, and victim advocates recognized the need to focus on domestic violence, dating violence, stalking and sexual assault against individuals with disabilities due to the proliferation of such violence and the gaps in service provision and the criminal justice response for this population. The goal of this program is to build the capacity of such jurisdictions to address such violence against individuals with disabilities through the creation of multi-disciplinary teams.
The Education, Training, and Enhanced Services to End Violence Against and Abuse of Women with Disabilities Grant Program (Disability Grant Program) was created by the Violence Against Women Act of 2000 (VAWA 2000). Congress, OVW, and victim advocates recognized the need to focus on domestic violence, dating violence, stalking and sexual assault against individuals with disabilities due to the proliferation of such violence and the gaps in service provision and the criminal justice response for this population. The goal of this program is to build the capacity of such jurisdictions to address such violence against individuals with disabilities through the creation of multi-disciplinary teams.
DOJ: COMMONLY ASKED QUESTIONS ABOUT SERVICE ANIMALS
Technical assistance material from the Civil Rights Division of the Justice Department.
Thursday, October 15, 2009
Representing a Person with a Disability who is a Survivor of Domestic Violence
Article from the American Bar Association.
Helpful Information for Providers of Services
If you are providing services for domestic violence victims the following information will assist you when working with Deaf or Hard-of-Hearing domestic violence victim/survivors.
UNDERSTANDING DEAF VICTIM/SURVIVORS OF DOMESTIC VIOLENCE
Terminology used to refer to individuals who are disabled has evolved over the years from such crude references to the Deaf, as "deaf and dumb", to more accurate references as individuals with profound hearing impairments. The Americans with Disabilities Act (ADA) recognized in its title that people with disabilities were persons first, and disabled second. Therefore, to refer to someone as a "deaf person" is not in keeping with ADA terminology. However, it is important that one refer to individuals with disabilities in a way that is acceptable to them. Most often, hearing impaired adults refer to themselves as Deaf and Hard-of-Hearing (HOH), rather than individuals with mild, moderate, or profound hearing impairments. Therefore, throughout this resource page, the terms Deaf and HOH are used. Although it is not customary in writing to capitalize the "D" in deaf, many Deaf persons prefer this as a means of expressing their pride as a member of a sign-language using community or culture. Out of respect for these feelings, Deaf is capitalized throughout this resource page.
Service providers should be aware that even though the ADA includes the Deaf and HOH in their group of individuals with disabilities, who qualify for funding, not all persons with hearing impairments consider themselves disabled, nor do they want others to see them in that light.
COMMUNICATION OPTIONS
Communication is an important component of everyone's life and possible choices for communication include a variety of symbol systems. For example, one may communicate in English through speaking, writing, listening and reading. Despite these skills, communication with someone whose only language is American Sign Language (ASL) is not possible. In the United States, Deaf people also use a variety of communication systems such as: speaking, *speechreading, writing, electronic and manual communication. Manual communication is a generic term referring to the use of manual signs and fingerspelling. The following is a partial list of communication options available to Deaf and HOH individuals.
•Oral Communication - denotes the use of speech, residual hearing and speechreading as the primary means of communication.
•American Sign Language ( ASL) - is a language whose medium is visual rather than oral. As in any other language, ASL has its own vocabulary, idioms, grammar and syntax. This language consists of handshapes, position, movement, and orientation of the hands to the body and each other. ASL also uses space, direction and speed of movements, and facial expressions to help convey meaning.
•Fingerspelling - instead of using an alphabet written on paper, a manual alphabet is one with handshapes and positions corresponding to each of the letters of the written alphabet being used.
•Speechreading - recognizing spoken words by watching the speaker's lips, face and gestures is a daily challenge for all Deaf people. Speechreading is the least consistently visible of the communication choices available to Deaf people because only 30 percent of English sounds are visible on the lips, while a large percentage are sounds that might sound different but look the same on the lips. Example: Look in a mirror and say words like "kite, height, night, without using your voice. You will see almost no changes on your lips to distinguish among those three words. Or say the words "maybe, baby, pay me" - they look exactly alike on the lips. This is not an all-inclusive listing of communication systems available to Deaf and HOH persons. There are a variety of systems of manual communication and within the last decade technology has expanded these options. It is imperative that service providers determine the usual mode of communication employed by each individual and make appropriate accommodations. It is not appropriate to use a pen and a pad of paper as your primary method of communicating with a Deaf/HOH victim.
*Speechread, rather than lip-read, is more descriptive since the client is responding to facial expression and body language in addition to reading lips.
DEAF CULTURE AND COMMUNICATION
"Culture" may be defined in a variety of ways depending on the perspective of the one defining the term. Language in any culture is important. It is important to recognize that some communication systems used by the Deaf employ different rules. ASL, for example, "is a unique language that has its own grammatical rules and sentence structure. It is every bit as precise, versatile, and subtle as the English language. As a result, unless the service provider is fluent in ASL, valuable information may be misinterpreted or missed all together. The use of an interpreter when the service provider does not sign or is not a skilled signer is essential but must be done cautiously. Effective communication has never been more important than when service providers, counselors, or therapists communicate through interpreters.
Even though most service providers may not be proficient signers, they need to become aware of various aspects of Deaf culture and some of the characteristics of ASL communication. When hearing providers adapt their behavior to be more accommodating to Deaf culture, they will be able to provide services more effectively. Here are a sampling of guidelines to consider:
How a hearing person should address a Deaf person: Establish eye contact, don't start talking until the eye contact is made, tap on shoulder if needed, etc.
Deaf Taking Turns: Folding one's arms while frowning and leaning back is a device used to invite someone to take a turn or to encourage a reticent individual to participate - this could be the opposite for hearing people . A shrug or open hands indicate one has nothing to say and gives the floor to someone else. Raised eyebrows with a smile or an open mouth ask for a turn when one has a sudden idea or inspiration.
Hearing Taking Turns: Hearing people need to understand that only one person should speak at a time. This allows the Deaf person and the Interpreter to receive and provide effective communication.
Turning One's Back: As has already been emphasized, maintaining visual contact is essential in ASL. If one wishes to insult another, all one needs to do is turn the head and close the eyes, thus cutting that person off. If someone needs to turn away, they demonstrate a sign with a fist with first finger out to say 'wait'. Then, go back to that person and resume, or tell the person who interrupts to wait until the other person is finish talking.
Taking Another's Hand: Although it is acceptable to take another person's hand in greeting or to touch the hands of a person who is not signing, it is extremely rude to take another person's hand to stop them from signing.
Sharing Information: Many members of the Deaf community do not attempt to hold private conversations in group settings. Generally, privacy is difficult in sign language. Once a conversation has begun, anyone who wishes, may join in or watch. Privacy can be had, by going behind closed doors. But secrecy, except as a joke, is not considered appropriate in the social setting of the Deaf community and so may be considered rude. Deaf people often think a hearing person's attitude toward privacy is infuriating and perplexing.
Hugging: This is a common gesture among Deaf people and is intended only as a greeting or to bid good bye.
Saying Goodbye: When a Deaf person finishes a conversation, they must explain where they are going and what they are going to do. The other person will then reciprocate. Conversations are never considered completely over until everyone leaves for the night, at which time people look for their friends to say good night to them. As might be expected, this process can take a long time. People almost always indicate when they will see each other again, sometimes repeating the date and the place several times. Leaving a social gathering too quickly might also deny someone the opportunity to talk to another; so indicating repeatedly that one is about to leave is a way of announcing to friends that if they want to say something they had better do so.
Conversational Pattern: Interactions often begin informally and jokingly and end formally and seriously. The pace of conversation is rapid at the beginning - people say hello and get straight to the point - but ending the conversation is a gradual process. Getting to the point and being direct is never rude, as it sometimes is in hearing conversation. Ending abruptly, as is sometimes done in American English interchanges, may be construed to mean that the person ending the conversation does not care about the other person. This could be one source of hearing people's complaints that Deaf people are too blunt and likewise of Deaf people's feeling that hearing people do not care about them or talk down to them.
This section on Deaf culture and communication provides only a small amount of the characteristics of Deaf communication that must be understood by service providers. Culture and communication are dynamic. Consequently, these characteristics are also always in a state of change.
UNDERSTANDING DEAF VICTIM/SURVIVORS OF DOMESTIC VIOLENCE
Terminology used to refer to individuals who are disabled has evolved over the years from such crude references to the Deaf, as "deaf and dumb", to more accurate references as individuals with profound hearing impairments. The Americans with Disabilities Act (ADA) recognized in its title that people with disabilities were persons first, and disabled second. Therefore, to refer to someone as a "deaf person" is not in keeping with ADA terminology. However, it is important that one refer to individuals with disabilities in a way that is acceptable to them. Most often, hearing impaired adults refer to themselves as Deaf and Hard-of-Hearing (HOH), rather than individuals with mild, moderate, or profound hearing impairments. Therefore, throughout this resource page, the terms Deaf and HOH are used. Although it is not customary in writing to capitalize the "D" in deaf, many Deaf persons prefer this as a means of expressing their pride as a member of a sign-language using community or culture. Out of respect for these feelings, Deaf is capitalized throughout this resource page.
Service providers should be aware that even though the ADA includes the Deaf and HOH in their group of individuals with disabilities, who qualify for funding, not all persons with hearing impairments consider themselves disabled, nor do they want others to see them in that light.
COMMUNICATION OPTIONS
Communication is an important component of everyone's life and possible choices for communication include a variety of symbol systems. For example, one may communicate in English through speaking, writing, listening and reading. Despite these skills, communication with someone whose only language is American Sign Language (ASL) is not possible. In the United States, Deaf people also use a variety of communication systems such as: speaking, *speechreading, writing, electronic and manual communication. Manual communication is a generic term referring to the use of manual signs and fingerspelling. The following is a partial list of communication options available to Deaf and HOH individuals.
•Oral Communication - denotes the use of speech, residual hearing and speechreading as the primary means of communication.
•American Sign Language ( ASL) - is a language whose medium is visual rather than oral. As in any other language, ASL has its own vocabulary, idioms, grammar and syntax. This language consists of handshapes, position, movement, and orientation of the hands to the body and each other. ASL also uses space, direction and speed of movements, and facial expressions to help convey meaning.
•Fingerspelling - instead of using an alphabet written on paper, a manual alphabet is one with handshapes and positions corresponding to each of the letters of the written alphabet being used.
•Speechreading - recognizing spoken words by watching the speaker's lips, face and gestures is a daily challenge for all Deaf people. Speechreading is the least consistently visible of the communication choices available to Deaf people because only 30 percent of English sounds are visible on the lips, while a large percentage are sounds that might sound different but look the same on the lips. Example: Look in a mirror and say words like "kite, height, night, without using your voice. You will see almost no changes on your lips to distinguish among those three words. Or say the words "maybe, baby, pay me" - they look exactly alike on the lips. This is not an all-inclusive listing of communication systems available to Deaf and HOH persons. There are a variety of systems of manual communication and within the last decade technology has expanded these options. It is imperative that service providers determine the usual mode of communication employed by each individual and make appropriate accommodations. It is not appropriate to use a pen and a pad of paper as your primary method of communicating with a Deaf/HOH victim.
*Speechread, rather than lip-read, is more descriptive since the client is responding to facial expression and body language in addition to reading lips.
DEAF CULTURE AND COMMUNICATION
"Culture" may be defined in a variety of ways depending on the perspective of the one defining the term. Language in any culture is important. It is important to recognize that some communication systems used by the Deaf employ different rules. ASL, for example, "is a unique language that has its own grammatical rules and sentence structure. It is every bit as precise, versatile, and subtle as the English language. As a result, unless the service provider is fluent in ASL, valuable information may be misinterpreted or missed all together. The use of an interpreter when the service provider does not sign or is not a skilled signer is essential but must be done cautiously. Effective communication has never been more important than when service providers, counselors, or therapists communicate through interpreters.
Even though most service providers may not be proficient signers, they need to become aware of various aspects of Deaf culture and some of the characteristics of ASL communication. When hearing providers adapt their behavior to be more accommodating to Deaf culture, they will be able to provide services more effectively. Here are a sampling of guidelines to consider:
How a hearing person should address a Deaf person: Establish eye contact, don't start talking until the eye contact is made, tap on shoulder if needed, etc.
Deaf Taking Turns: Folding one's arms while frowning and leaning back is a device used to invite someone to take a turn or to encourage a reticent individual to participate - this could be the opposite for hearing people . A shrug or open hands indicate one has nothing to say and gives the floor to someone else. Raised eyebrows with a smile or an open mouth ask for a turn when one has a sudden idea or inspiration.
Hearing Taking Turns: Hearing people need to understand that only one person should speak at a time. This allows the Deaf person and the Interpreter to receive and provide effective communication.
Turning One's Back: As has already been emphasized, maintaining visual contact is essential in ASL. If one wishes to insult another, all one needs to do is turn the head and close the eyes, thus cutting that person off. If someone needs to turn away, they demonstrate a sign with a fist with first finger out to say 'wait'. Then, go back to that person and resume, or tell the person who interrupts to wait until the other person is finish talking.
Taking Another's Hand: Although it is acceptable to take another person's hand in greeting or to touch the hands of a person who is not signing, it is extremely rude to take another person's hand to stop them from signing.
Sharing Information: Many members of the Deaf community do not attempt to hold private conversations in group settings. Generally, privacy is difficult in sign language. Once a conversation has begun, anyone who wishes, may join in or watch. Privacy can be had, by going behind closed doors. But secrecy, except as a joke, is not considered appropriate in the social setting of the Deaf community and so may be considered rude. Deaf people often think a hearing person's attitude toward privacy is infuriating and perplexing.
Hugging: This is a common gesture among Deaf people and is intended only as a greeting or to bid good bye.
Saying Goodbye: When a Deaf person finishes a conversation, they must explain where they are going and what they are going to do. The other person will then reciprocate. Conversations are never considered completely over until everyone leaves for the night, at which time people look for their friends to say good night to them. As might be expected, this process can take a long time. People almost always indicate when they will see each other again, sometimes repeating the date and the place several times. Leaving a social gathering too quickly might also deny someone the opportunity to talk to another; so indicating repeatedly that one is about to leave is a way of announcing to friends that if they want to say something they had better do so.
Conversational Pattern: Interactions often begin informally and jokingly and end formally and seriously. The pace of conversation is rapid at the beginning - people say hello and get straight to the point - but ending the conversation is a gradual process. Getting to the point and being direct is never rude, as it sometimes is in hearing conversation. Ending abruptly, as is sometimes done in American English interchanges, may be construed to mean that the person ending the conversation does not care about the other person. This could be one source of hearing people's complaints that Deaf people are too blunt and likewise of Deaf people's feeling that hearing people do not care about them or talk down to them.
This section on Deaf culture and communication provides only a small amount of the characteristics of Deaf communication that must be understood by service providers. Culture and communication are dynamic. Consequently, these characteristics are also always in a state of change.
Ride-along with the Washington, D.C. Police Department
I went on a ride-along with the police. This is my writeup of the ride
Abuse of the disabled: A mostly ignored epidemic
Article about the need for better training and collaboration concerning victimization of people with disabilities.
Settlement Agreement re lawyers and provision of sign language interpreters
A Justice Department Settlement Agreement concerning lawyers and sign language interpreters.
The ADA and Domestic Violence Shelters
A paper I wrote addressing the application of the Americans with Disabilities Act to domestic violence shelter programs.
Serving Women with Developmental Disabilities: Strategies for the Justice System
Article I wrote about the criminal justice system and survivors with disabilities.
Abused Deaf Women's Advocacy Services (ADWAS)
Abused Deaf Women's Advocacy Services (ADWAS)
ADWAS provides comprehensive services to Deaf and Deaf-Blind victims/survivors of sexual assault, domestic violence, and stalking. ADWAS believes that violence is a learned behavior and envisions a world where violence is not tolerated.
ADWAS was founded in 1986 and is located in Seattle, Washington. The ADWAS model has been replicated in 19 Deaf communities across the United States.
ADWAS established the nation's first transitional housing program, "A Place of Our Own." We are committed to providing accessible and safe housing for Deaf and Deaf-Blind women and their children.
ADWAS provides comprehensive services to Deaf and Deaf-Blind victims/survivors of sexual assault, domestic violence, and stalking. ADWAS believes that violence is a learned behavior and envisions a world where violence is not tolerated.
ADWAS was founded in 1986 and is located in Seattle, Washington. The ADWAS model has been replicated in 19 Deaf communities across the United States.
ADWAS established the nation's first transitional housing program, "A Place of Our Own." We are committed to providing accessible and safe housing for Deaf and Deaf-Blind women and their children.
A Question for Domestic Violence Advocates and Disability Advocates
A Question for Domestic Violence Advocates and Disability Advocates
Is there a conflict between advocates for battered women and advocates for people with disabilities?
If it costs more to serve a woman with a disability, and that cost prevents services to a woman with a disability, is it appropriate to deny services to the woman with a disability?
If outreach to the disability community will result in greater numbers of women with disabilities coming forward for services, is it appropriate to not engage in that outreach, on the grounds that should they come forward, you are not prepared to serve them?
What are your views?
Write to us at mdubin@pobox.com
Is there a conflict between advocates for battered women and advocates for people with disabilities?
If it costs more to serve a woman with a disability, and that cost prevents services to a woman with a disability, is it appropriate to deny services to the woman with a disability?
If outreach to the disability community will result in greater numbers of women with disabilities coming forward for services, is it appropriate to not engage in that outreach, on the grounds that should they come forward, you are not prepared to serve them?
What are your views?
Write to us at mdubin@pobox.com
Thursday, October 8, 2009
Private, nonprofit domestic violence shelters are covered by title III of the ADA
Did you know that nonprofits are covered by the Americans with Disabilities Act? That's right. They are prohibited by federal law from discriminating on the basis of disability.
That means that they must comply with the ADA regulations, even if they do not receive federal money.
If they do receive federal money, then they are also covered by Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of disability by recipients of federal financial assistance.
Visit this Blog often to learn more about the ADA and the Rehabilitation Act.
That means that they must comply with the ADA regulations, even if they do not receive federal money.
If they do receive federal money, then they are also covered by Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of disability by recipients of federal financial assistance.
Visit this Blog often to learn more about the ADA and the Rehabilitation Act.
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