The United States Department of Justice entered into a comprehensive settlement agreement under the Americans with Disabilities Act (ADA) with the Beth Israel Deaconess Medical Center (BIDMC) in Brookline, Mass., to ensure access to medical facilities and services for individuals with disabilities.
BIDMC, a teaching hospital affiliated with Harvard University, encompasses more than 30 buildings and three community health clinics, and operates as a quaternary acute care facility and level one trauma center providing sub-specialty services. The agreement requires, among other things, that BIDMC ensure that accessible patient rooms and accessible medical equipment – such as examination tables – are available for each of its clinical services.
Among other things, the Agreement with BIDMC, which is the result of a compliance review conducted by the Department, requires BIDMC to:
•Ensure that each department and clinical practice provides at least one accessible examination table that lowers to 17 to 19" from the floor, thus enabling those with mobility disabilities to transfer to the exam table...
Visit www.victimswithdisabilities.org
Sunday, November 1, 2009
Thursday, October 29, 2009
Clarification of Justice Department's Mandate About TTYs in Shelters
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
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
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.
Visit www.victimswithdisabilities.org
•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
Subscribe to:
Posts (Atom)
Posts
