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HomeMy WebLinkAboutAVITIA, ROSARIO MACIEL (vs. COSA AND IMMIGRATION AND CUSTOM ENFORCEMENT AGENCY "ICE")ADA americans with disabilities act lawsuit hearing impared matter deaf This Release and Settlement Agreement ("Agreement") is entered into by and between Rosario Maciel Avitia and Greater Los Angeles Agency on Deafness, Inc., (collectively "Plaintiffs"), on the one hand, and the City of Santa Ana ("Santa Ana' } and the United States Immigration and Customs Enforcement ("ICE"), (collectively "Defendants") on the other hand. Each of the parties may be referred to individually as "Party" or are sometimes collectively referred to as the "Parties." Recitals A. WHEREAS, Plaintiffs filed a lawsuit (the "Lawsuit") captioned Rosaria Maciel Avitia, et al. v. United States Immigration and Customs Enforcement, et al., Case No. 2:16-cv- 04818-R-SK in the United States District Court, Central District of California seeking monetary, declaratory, and injunctive relief for alleged violations of Title II of the Americans with Disabilities Act (42 U.S.C. § 12131, et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794, et seq.), California's Disabled Persons Act (Cal. Civ. Code § 54.1, et seq.), and California Government Code section 11135. As set forth by Plaintiffs in the Lawsuit, a dispute has arisen with respect to effective communication for Rosario Maciel Avitia, who is deaf, during her detention at the Santa Ana City Jail ("City Jail"), located at 62 Civic Center Plaza, Santa Ana, California 92703, from approximately May 29, 2015 through November 5, 2015; B. WHEREAS, Defendants deny the allegations in the Lawsuit; C. WHEREAS, in December 2016 and January 2017, ICE issued guidance through Directive 11304 and Amendments to the Performance Based National Detention Standards 2011 (attached hereto as Exhibits A and B, respectively) to ensure that ICE personnel and contracting facilities are aware of and meet their obligations under Section 504 of the Rehabilitation Act of 1973; D. WHEREAS, without admitting any wrongdoing with respect to the Lawsuit or liability for damages arising therefrom and any other purported claim or cause of action, the Parties now desire to compromise, settle and dispose of fully, all disputes and claims, potential claims, complaints, demands, and causes of action reflected in the Lawsuit; NOW THEREFORE, for good and valuable consideration, including the mutual promises set forth below, the Parties agree as follows: Agreement Settlement Amount. In accordance with and subject to the terms set forth below, Defendants will pay the amount of $150,000.00 in full and final settlement of all claims the Plaintiffs may have arising from or related to the Lawsuit ("Settlement Amount"). Santa Ana will pay $140,000.00 of the Settlement Amount and ICE will pay $10,000 of Page I of I0 the Settlement Amount. The payment of $10,000 by ICE is exclusively in compensation for plaintiffs' attorneys' fees and costs. 2. Payment of Settlement Amount. Defendants will pay their respective share of the Settlement Amount to Plaintiffs via either electronic funds transfer or check payable to the "Almazan & Fineman Client Trust Account" with the Lawsuit name in the reference line of the settlement check, within sixty (60) days after receiving both the following: (a) a duly executed copy of this Agreement by all Parties, and (b) a completed IRS W-9 form from the Law Office of Almazan & Fineman. ICE's Equitable Relief. ICE agrees to the following equitable relief, to be implemented within one -hundred and eighty (180) days after the Effective Date of this Agreement: a. Training. ICE shall train its detention officers in Los Angeles, California as follows: i. ICE shall train all Detention Officers within the Los Angeles Area of Responsibility who have contact with detainees and members of the public on the requirements of Section 504 of the Rehabilitation Act of 1973 regarding effective communication with persons who are deaf, hard -of - hearing or deaf -blind. The training will be sufficiently detailed to enable personnel to effectively comply with ICE's responsibilities under the Rehabilitation Act and ICE's implementing regulations, 6 C.F.R. part 15. ii. ICE will ensure that all newly hired Detention Officers within the Los Angeles Area of Responsibility who will have contact with detainees and members of the public will receive the training as a component of pre - service training and orientation. iii. The above training shall take place annually for the next three (3) calendar years, beginning in calendar year 2017, subject to the availability of appropriations. 4. Santa Ana's Equitable Relief. Santa Ana agrees to the following equitable relief, to be implemented within one -hundred and twenty (120) days after the Effective Date of this Agreement: a. Training. Santa Ana shall train its staff and personnel at the City Jail as follows: i. Santa Ana shall train all jail staff and related personnel who have contact with inmates/detainees and members of the public on this Agreement and on the requirements of the Americans with Disabilities Act ("ADA") regarding effective communication with persons who are deaf, hard -of - hearing or deaf -blind. The training will be sufficiently detailed to enable personnel to effectively implement all provisions of this Agreement and all policies and procedures developed pursuant to this Agreement. ii. Santa Ana will ensure that all newly hired jail staff and related personnel who will have contact with inmates/detainees and members of the public Page 2 of 10 will receive the training as a component of pre -service training and orientation. iii. The above training shall take place annually for the next three (3) years, beginning in 2017. b. ADA Coordinator for Inmates/Detainees at the City Jail. i. Designation. Santa Ana shall designate at least one employee with responsibility to coordinate Santa Ana's efforts to comply with and carry out its responsibilities under the ADA with respect to inmates/detainees, whose title is the "ADA Coordinator for Inmates/Detainees." Further, Santa Ana has designated at least one employee as an ADA Deputy Coordinator for Inmates/Detainees ("ADA Deputy Coordinator"), who is available in case the ADA Coordinator is not available. Santa Ana shall post the name, office address, and telephone number of the employee or employees designated as ADA Coordinator and ADA Deputy Coordinator on its website as well as in places open to the public. ii. Qualifications. Santa Ana shall ensure that the ADA Coordinator and ADA Deputy Coordinator possess the educational background, experience, and skills necessary to carry out all of the duties and responsibilities of the positions, and knowledge and experience dealing with the legal rights of persons with disabilities and the obligations of public entities under federal and state disability laws. iii. Training. To meet Santa Ana's obligation to ensure effective communication with qualified inmates/detainees with disabilities, the ADA Coordinator and ADA Deputy Coordinator shall be trained: 1. To promptly identify communication needs of inmates/detainees, visitors, and other members of the public who are deaf or hard -of - hearing, and which auxiliary aids and services are necessary in different circumstances; 2. To secure qualified interpreter services as quickly as possible; 3. To use video remote interpreting services when appropriate; 4. To make and receive telephone calls using auxiliary aids and services such as videophones, captioned phones, telephone handset amplifiers, TTYs, and the relay service; and 5. Santa Ana's grievance resolution procedure. c. Booking/Intake oflninates/Detainees ivith Disabilities. Santa Ana shall implement or modify policies, rules, directives, and procedures concerning the screening and classification of inmates/detainees upon entry into the City Jail: i. To ensure that the ADA Coordinator is contacted immediately when a person with or claiming a disability is received into the custody of the City Jail staff. The Santa Ana intake/booking staff shall inform the ADA Coordinator of the inmate/detainee's name, the nature of the inmate/detainee's disability, and any request for an auxiliary aid or service Page 3 of 10 for communication, or reasonable modifications of policies or procedures made by that inmate/detainees upon intake; ii. To require Santa Ana City Jail intake staff to document the inmate/detainee's disability and any request made by the inmate/detainee for an auxiliary aid or service for communication, or reasonable modifications of policies, practices or procedures in the inmate/detainee's record; and iii. To require the ADA Coordinator or the ADA Deputy Coordinator to meet with an inmate/detainee with a disability within 24 hours of his/her arrival at the Santa Ana City Jail and at least bi-weekly thereafter. At these meetings, the ADA Coordinator or ADA Deputy Coordinator shall ensure that the needs of the inmate/detainee with a disability are being met. d. Ongoing Need for Communication Assessments and Consultation. In addition to the initial communication assessment done at the time the need for auxiliary aids and services is first identified, City Jail staff will reassess communication effectiveness, when necessary, during the period of incarceration and will consult with the individual who is deaf or hard -of -hearing, when necessary, to assess the measures required to ensure effective communication. e. Provision ofAuxiliary Aids and Services. Santa Ana will ensure that appropriate auxiliary aids and services, including qualified interpreters, are made available to all inmates/detainees or members of the public who are deaf, hard -of -hearing, or deaf -blind, where such aids and services are necessary to ensure effective communication, so that such individuals may participate in or benefit from the City Jail's services, programs, or activities on an equal basis with hearing inmates/detainees or members of the public. The type of auxiliary aid or service necessary to ensure effective communication will vary in accordance with the method of communication used by the individual; the nature, length, and complexity of the communication involved; and the context in which the communication is taking place. For example, exchanging written notes or pointing to items will likely be effective communication for brief and relatively simple face-to-face conversations. For more complicated and interactive communications, however, such as an inmate/detainee's discussion of symptoms with medical personnel or a physician's presentation of diagnosis and treatment options to inmates/detainees, it may be necessary to provide a qualified sign language interpreter or other interpreter. f. Primary Consideration. In determining the type of auxiliary aid or service necessary to comply with the ADA, Santa Ana agrees to give primary consideration to the expressed preference for a particular auxiliary aid or service by an individual who is deaf or hard -of -hearing. "Primary consideration" will mean that personnel will inquire as to the choice of auxiliary aid or service of the individual with a disability and will honor the expressed choice unless Santa Ana can demonstrate that another equally effective means of communication is available. Page 4 of 10 g. Use of Interpreting Service Agency(ies). Santa Ana shall form and maintain working relationships with one or more qualified oral/sign language interpreter agency(ies) to ensure that interpreting services will be available on a priority basis, twenty-four hours per day, seven days a week. Santa Ana shall record all oral/written requests for oral/sign language interpreters and any action taken in relation to any such request, including the denial of any such request. h. Use of Other Members of the Public or Inmates/Detainees to Facilitate Communication. When Santa Ana determines that an inmate/detainee requires a qualified interpreter in accordance with paragraph 3, subsection (e) of this Agreement: L Santa Ana shall not require an individual who is deaf or hard -of -hearing to bring another member of the public or other inmates/detainees to interpret for him or her. ii. Santa Ana will not rely on an adult accompanying an individual who is deaf or hard -of -hearing to interpret or facilitate communication except: 1. In an emergency involving an imminent threat to the safety or welfare of an individual or the public where there is no interpreter available; or 2. Where the individual who is deaf or hard -of -hearing specifically requests that the accompanying adult interpret or facilitate communication, the accompanying adult agrees to provide such assistance, and reliance on that adult for such assistance is appropriate under the circumstances. iii. Santa Ana shall not rely on a minor child to interpret or facilitate communication, except in an emergency involving an imminent threat to the safety or welfare of an individual or the public where there is no interpreter available. i. Phones. Santa Ana shall ensure that the City Jail has two (2) working videophones and one (1) working TTY to enable people who are deaf, hard -of - hearing, or who have speech impairments to make telephone calls of the same frequency and with the same availability as those people who do not use such phones. If any person who is deaf, hard -of -hearing, or who has a speech impairment prefers a different method of communication, such as a captioned telephone or computer, Santa Ana will make reasonable efforts to provide the communication device requested. Furthermore: i. Where telephone calls are time-limited, Santa Ana will adopt policies permitting a longer period of time for individuals using a videophone, TTY, or relay service due to the slower nature of these communications as compared to voice communications. If a videophone or TTY is not available in the same location as telephones used by inmates/detainees who are not deaf or hard -of -hearing, inmates/detainees who need to use a Page 5 of 10 videophone or TTY will be allocated reasonable additional time to get to and from the location of the equipment. ii. Signage will be displayed at all public telephones areas indicating the availability of the videophone(s) and TTY(s) and the procedure for using them. iii. Santa Ana will ensure that the privacy of telephone calls by inmates/ detainees using a videophone or TTY is equal to that of other inmates/detainees' telephone calls. j. Signs. Santa Ana will post conspicuous signs in public areas (including booking and holding areas) of the City Jail that advise persons who are deaf or hard -of - hearing of the availability of appropriate auxiliary aids and services, including qualified interpreters, as follows: "To ensure effective communication with individuals who are deaf or hard -of -hearing, Santa Ana will provide auxiliary aids and services, such as qualified sign language, oral, or tactile interpreters; videophones; and TTYs, free of charge. Please ask for assistance by contacting Santa Ana's ADA Coordinator or ADA Deputy Coordinator, [name and full contact information]." The posted signs will include the International Symbol for Hearing Loss, the International Symbol for TTYs, and a symbol to indicate the availability of sign language interpreters. a 0�% NONME Boom some k. Television Programming. Inmates/detainees at the City Jail who are deaf or hard -of -hearing will have access to captioned television programming that is equivalent to the access to television programming available to inmates/detainees without disabilities in the same classification level. 1. Effective Communication Checklist. Santa Ana shall create an effective communication checklist for use by City Jail staff. The checklist shall encompass: i. Santa Ana's obligations to provide effective communication for deaf, hard -of -hearing, and deaf -blind inmates/detainees during the booking/intake of inmates/detainees with disabilities; ii. the provision of auxiliary aids and services for effective communication; iii. the ongoing need for communication assessments and consultation; iv. the requirements to give primary consideration of an inmate/detainee's preferred auxiliary aids and services; and v. the prohibition on the use of other inmates/detainees or members of the public to facilitate communication. Page 6 of 10 Release. As consideration for delivery of the Settlement Amount in accordance with this Agreement and the Parties' mutual covenants herein, the Parties agree to waive, release and forever discharge any and all claims, potential claims, demands, or causes of action reflected in the Lawsuit, and any other claims, demands, or causes of action relating to the claims of Plaintiffs which may have arisen prior to the Effective Date of this Agreement from the same operative facts as those alleged in the Lawsuit, that the Parties may have against each other, including their officers, directors, employees, agents, representatives, sureties and insurers, and their successors and assigns, arising from or relating to the Lawsuit. The release set forth in this paragraph will become effective when this Agreement is fully executed and Defendants have delivered the checks in payment of the Settlement Amount in accordance with this Agreement. 5.1 The Parties hereby expressly waive the provisions of California Civil Code § 1542, which provide as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. 5.2 Each Party is aware that it may hereafter discover claims or facts in addition to or different from those it now knows or believes to be true with respect to the matters related herein. Nevertheless, it is the intention of the Parties to fully, finally and forever settle and release the matters related hereto. In furtherance of such intention, the releases given hereon shall be and remain in effect as full and complete mutual releases of all such matters, notwithstanding the discovery or existence of any additional or different claims or facts relative thereto. 6. Approval. Plaintiffs understand and agree that this Agreement is subject to final approval by the Santa Ana City Council and the United States Department of Justice. The execution of this Agreement by Defendants is subject to and conditioned upon the granting of all such approvals needed to make this Agreement final and binding. The persons signing this Agreement on behalf of Defendants will recommend that this Agreement be so approved. No Admission of Liability. This Agreement represents a settlement of disputed claims and shall not be construed as an admission of liability by any Party. Each Party denies liability in connection with any claims and intends merely to avoid litigation. 8. Ownership and Non -Assignment of Claims. The Parties each represent and warrant that they own the claims that are the subject of this Agreement and have the unconditional right to release such claims. The Parties represent and warrant that they have not sold, transferred, assigned or otherwise conveyed any of the rights or claims being released hereunder. Page 7 of 10 9. Interpretation. This Agreement has been negotiated at arm's length and shall be construed as the product of a joint effort by the Parties. Any rule or law that would require interpretation of any term or ambiguity in this Agreement against the Party that drafted the applicable provision is waived. The Recitals to this Agreement are material terms hereof. 10. Integration. This Agreement sets forth the Parties' final and complete understanding regarding the subject matter hereof and supersedes all prior communications, negotiations and agreements, whether written or oral. The Parties represent and warrant that they are not entering into this Agreement in reliance upon any representation, promise or understanding that is not expressly set forth in this Agreement. 11. Amendments. This Agreement may not be modified except by a writing signed by the Parties. Oral modifications are prohibited. 12. Successors and Assigns. This Agreement shall be binding on and shall inure to the benefit of the Parties' successors and permitted assigns. 13. Attorneys' Fees and Costs. attorneys'Subject to the payment of attorneys' fees to plaintiffs as required by paragraph 1, each Party shall bear its own attorneys' fees, expenses, and costs incurred in connection with this Agreement, and the Lawsuit. 14. Cooperation. Each Party agrees to cooperate in the performance of this Agreement and to promptly take such actions and to prepare and execute such documents as may be reasonably necessary to carry out the Parties' mutual intent, whether or not such actions or documents are expressly described in this Agreement. 15. Legal Representation. The Parties are represented by counsel and have had the opportunity to obtain, and have obtained, the advice and assistance of counsel in connection with this Agreement. 16. Counterparts. This Agreement may be executed in counterparts and/or facsimile or other electronic means, and, when taken together with other signed counterparts, shall constitute and be deemed a single original Agreement, which shall be binding upon and effective as to all Parties; 17. Enforcement of Agreement. It is the intention of the Parties that this Agreement is to be admissible in court and enforceable by any Party should legal proceedings be required to enforce the terms of either Agreement. This Agreement shall be deemed to have been executed and delivered within the State of California, and the rights and obligations of the Parties shall be construed and enforced in accordance with, and governed by, the laws of the State of California; 18. Authori . Each person signing this Agreement represents and warrants that they are fully authorized to do so and to bind the Party for whom they are signing. Page 8 of 10 A-2017-043 19. Severance. If any provision of this Agreement is held to be illegal or invalid by a court of competent jurisdiction, such provision shall be deemed to be severed and deleted, and neither such provision, nor its severance and deletion, shall effect the validity of the remaining provisions. 20. Effective Date. The "Effective Date" of this Agreement shalt be the date on which the last Party hereto has executed the Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date set forth next to their respective signatures. ROSARIGM8CIEL AVITIA Signature Date Rt6�yjo N1� Print Name GREATER LOS ANGELES AGENCY ON DEAFNESS, INC. Signature Print Name CITY OF SANTA ANA r lure PrinttA me Cynthia Kurtz, Interim City Manager Title Date A-2017-043 19. Severance. If any provision of this Agreement is held to be illegal or invalid by a court of competent jurisdiction, such provision shall be deemed to be severed and deleted, and neither such provision, nor its severance and deletion, shall effect the validity of the remaining provisions. 20. Effective Date. The "Effective Date" of this Agreement shall be the date on which the last Party hereto has executed the Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date set forth next to their respective signatures. ROSARIO MACIEL AVITIA Signature Print Name Date GREATER LOS ANGELES AGENCY ON DEAFNESS, INC. `NA -I pA I Signature ^� -Pr, Print Name t� V Title CITY OF SANTA ANA Sign9ruve tt�dca Print Oune Cynthia Kurtz, Interim City Manager Title O" Page 4 of 10 -MARIA D. HUIeAR`.. CLERK -OF -d k1�U14CIL Date Date'G__� UNITED STATES IMMIGRATION AND CUSTOMS ENFORMENCENT Signature Date Prim Name JL-Ntoq -rglAC OUNSi Title Page 10 of 10 EXHIBIT A UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ROSARIO MACIEL AVITIA, et al. Plaintiffs, V. UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT; et al. Defendants. Case No. 2:16 -CV -4818 ATTACHMENT A TO MEDIATION STATEMENT OF DEFENDANT IMMIGRATION AND CUSTOMS ENFORCEMENT DIRECTIVE 11304, ASSESSMENT AND ACCOMIDATION FOR DETAINEES WITH DISABILITIES 11304: Assessment and Accommodations for Detainees with Disabilities Issue Date: December 15, 2016 Superseded: N/A Federal Enterprise Architecture Number: 301-112-002b 1. Purpose/Background. This Directive establishes policy and procedures for U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) to oversee and communicate with detention facilities on the identification, assessment, and accommodation of detainees with disabilities. While Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended (Section 504), also applies to non-custodial interactions, this Directive specifically addresses ICE ERO's interactions with individuals in immigration detention facilities and family residential centers. ICE ERO is committed to ensuring that detainees with disabilities receive all necessary accommodations or modifications to policies, practices, or procedures to allow them an equal opportunity to access, participate in, or benefit from detention programs, services, and activities. Further, ICE ERO will take appropriate steps, and/or work with detention facility staff to assist them in taking such steps, to allow for effective communication with detainees with disabilities, including through the provision of accommodations and services as necessary. This Directive is intended to implement and complement the requirements of Section 504; the implementing U.S. Department of Homeland Security (DHS) regulations, Enforcement of Nondiscrimination on the Basis of Disability in Department of Homeland Security Programs or Activities, 6 C.F.R. Part 15, et seq.; DHS Directive 065-01, Nondiscrimination for Individuals with Disabilities in DHS -Conducted Programs and Activities (Non -Employment) (Sept. 25, 2013); and DHS Instruction 065-01-001, Instruction on Nondiscrimination for Individuals with Disabilities in DHS Conducted Programs and Activities (Non -Employment) (Mar. 13, 2015). 2. Policy. It is ERO policy that detainees with disabilities will be provided an equal opportunity to access, participate in, or benefit from in -custody programs, services, and activities, and that detainees with disabilities will be provided with auxiliary aids and services as necessary to allow for effective communication. Detainees with disabilities may request and receive appropriate auxiliary aids and services, reasonable accommodations, and modifications to policies, practices, and procedures (collectively "accommodations" for the remainder of this Directive) pursuant to ICE ERO and individual detention facility policy. However, ICE ERO and detention facilities are not required to provide the requested accommodations if they would create a fundamental alteration or an undue financial and administrative burden. All approved accommodations and modifications shall be provided in a manner that is consistent with ICE's detention standards and relevant provisions of law. 3. Definitions: The following definitions apply for purposes of this Directive and the associated processes and procedures: 3.1. Accommodations include the following: 1) Any change or adjustment in detention facility operations or any modification to detention facility policy, practice, or procedure that permits a detainee with a disability to participate in the facility's programs, services, activities, or requirements, or to enjoy the benefits and privileges of detention programs equally to those enjoyed by detainees without disabilities. Examples include, but are not limited to, proper medication and medical treatment; accessible housing, toilet, and shower facilities; devices like bed transfer, accessible beds or shower chairs; wheelchairs, walkers or canes; and assistance with toileting and hygiene. 2) Auxiliary Aids and Services that allow for effective communication by affording detainees with impaired sensory, manual, or speaking skills an equal opportunity to participate in, and enjoy the benefits of, programs and activities. Such aids or services include interpreters, written materials, note -takers, video remote interpreting services, or other effective methods of making aurally delivered materials (i.e. perceived through hearing) available to detainees with hearing impairments; readers, taped texts, materials or displays in Braille, secondary auditory programs, or other effective methods of making visually delivered materials available to detainees with visual impairments; acquisition or modification of equipment or devices; and other similar services and actions. 3.2. Communication and Mobility Impairments. For purposes of this Directive, detainees with "communication impairments" include detainees with physical, hearing, visual, and speech impairments (e.g„ detainees who are deaf or hard of hearing, blind, or nonverbal). Detainees with "mobility impairments" include detainees with physical impairments who require a wheelchair, crutches, prosthesis, cane, other mobility device, or other assistance. 3.3. Denial. A decision to deny a detainee's request for an accommodation, unless the detainee is provided an equally effective alternative accommodation. Permissible reasons for a facility to -deny an accommodation to a detainee who has been determined to have a disability include: (1) the detainee is not denied access to the facility's programs or activities because of a disability; (2) there is not a nexus between the disability and the requested accommodation; (3) the requested accommodation would fundamentally alter the nature of the program, service, or activity; (4) the requested accommodation would result in an undue financial and administrative burden; or (5) the detainee poses a direct threat to staff or other detainees. Both "fundamental alteration" and "undue financial and administrative burden" are generally high standards that are difficult to meet. Further, if a particular accommodation Assessment and Accommodations for Detainees with Disabilities would result in an undue financial and administrative burden or fundamental alteration, the facility mast take any other action that would not result in such an undue burden or fundamental alteration but would nevertheless ensure that, to the maximum extent possible, detainees with a disability receive the benefits and services of the program or activity. Similarly, determinations that detainees pose a "direct threat" are generally very rare, and require a careful, individualized assessment as described below. 3.4. Detainee with a Disability. A detainee with a physical or mental impairment that substantially limits one or more major life activities (an "actual disability") or who has a record of a physical or mental impairment that substantially limits a major life activity ("record of'). 3.5. Direct Threat. ICE ERO and its detention facilities may deny an accommodation to a detainee with a disability who poses a direct threat to staff or other detainees only if providing the accommodation would unavoidably exacerbate the threat. The determination that a detainee with a disability poses a direct threat to staff or other detainees must be reached through an individualized assessment. The assessment should rely on reasonable judgment and current medical evidence, or the best available objective evidence, to determine the nature, duration, and severity of the risk, and whether any modifications of policies, practices, or procedures can mitigate or eliminate the risk. Detainees with disabilities who are found to pose a direct threat are nevertheless entitled to auxiliary aids and services or other appropriate steps to allow for effective communication. 3.6. Fundamental Alterations: A "fundamental alteration" to a facility's programs, services, or activities is a change that is so significant that it alters the essential nature of the program, service, or activity offered. Whether a change constitutes a fundamental alteration is a determination that must be made on a case-by-case basis, and that must consider the unique characteristics of each facility and each detainee with a disability. 3.7. Interactive Process. The process by which a detention facility engages with a detainee with a disability who is regtiesting an accommodation to address the disability -related request, the process for determining whether an accommodation can be provided and through which the detention facility determines whether the request is granted, and identification of alternative accommodations. 3.8. Major Life Activities. Basic activities that a detainee without a disability in the general population can perform with little or no difficulty, including, but not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. A major life activity can also include the operation of a major bodily function. 3.9. Physical or Mental Impairments. Physical or mental impairments include: (1) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting Assessment and Accommodations for Detainees with Disabilities one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; and (2) any mental or psychological disorder such as a developmental delay, organic brain syndrome, emotional or mental illness, and conditions that cause learning impairments. 3.10. Programs, Services, and Activities. The "programs," "services," "benefits," and/or "activities" of a.detention facility include all aspects of the facility's operations that involve detainees. These include, but are not limited to, housing placements, medical care, safety and security protocols, food services, correspondence, visitation, grievance systems, transfers, and detainee programming and scheduled activities such as law and leisure libraries, religious services, educational or vocational classes, work programs, and recreation. 3.11. Section 504. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), as amended. Section 504 prohibits discrimination based on disability in federally assisted and federally conducted programs or activities in the United States. As used in this Directive, Section 504 applies only to programs or activities conducted by ICE ERO, including through its contractors. 3.12. Undue Financial and Administrative Burden. An "undue financial and administrative burden" is a significant difficulty or expense related to a facility's operations, programs, or activities. In evaluating whether a particular accommodation would result in an undue financial and administrative burden, the facility must consider all resources available for use in the funding and operation of the conducted program or activity as a whole. 4. Responsibilities. 4.1. The Custody Management Division (CMD) has responsibilities under: 1) Section 5.7 (ICE Headquarters Oversight and Reporting); and 2) Section 6 (Training). 4.2. The ERO Disability Access Coordinator (El DAC) has responsibilities under: 1) Section 5.1 (ERO Disability Access Coordinator); 2) Section 5.4 (FOD Review and Oversight); 3) Section 5.5 (ERO HQ Coordinated Review and Response); 4) Section 5.6 (ICE Determinations on the Provision of Accommodations); and 5) Section 6 (Training). Assessment and Accommodations for Detainees with Disabilities 5 4.3. The ERO Executive Associate Director (EAD) has responsibilities under; 1) Section 5.1 (ERO Disability Access Coordinator); 2) Section 5.5 (ERO HQ Coordinated Review and Response); and 3) 'Section 5.6 (ICE Determinations on the Provision of Accommodations). 4.4. Field Operations has responsibilities under: 1) Section 5.7 (ICE Headquarters Oversight and Reporting); and 2) Section 6 (Training). 4.5. Field Office Directors (FODs) have responsibilities under: 1) Section 5.2 (Supporting Disability Access Coordinator (SDAC)); 2) Section 5.3 (Facility Obligations and Notifications); 3) Section 5.4 (FOD Review and Oversight); 4) Section 5.5 (ERO HQ Coordinated Review and Response); 5) Section 5.6 (ICE Determinations on the Provision of Accommodations); and 6) Section 6 (Training). 4.6. ICE Health Service Corps (II3SC) has responsibilities under: 1) Section 5.4 (FOD Review and Oversight); 2) Section 5.5 (ERO HQ Coordinated Review and Response); 3) Section 5.6 (ICE Determinations on the Provision of Accommodations); 4) Section 5.7 (ICE Headquarters Oversight and Reporting); and 5) Section 6 (Training). 5. Procedures/Requirements. 5.1. ERO Disability Access Coordinator. Assessment and Accommodations for Detainees with Disabilities I) The ERO Executive Associate Director (EAD) shall designate an ERO Disability Access Coordinator (EDAC) who shall serve as the primary point of contact and subject matter expert for ERO Headquarters (HQ) and the field regarding the accommodation of, and communication with, detainees with disabilities in ERO custody. The EDAC shall have the following duties: a) Work with other ERO HQ personnel to review information submitted by Field Office Directors (FODs) regarding denials of accommodations, as well the identification of detainees with mobility and communication impairments; b) Work with other ERO HQ personnel to review recommendations by Service Processing Centers (SPCs) to deny a detainee's request for an accommodation; c) Work with other ERO HQ personnel to review information submitted by the ICE Health Service Corps (IHSC) regarding recommendations to deny a request for an accommodation, as well as delays reported by IHSC in its review of accommodation requests or in its provision of accommodations that have been approved; d) Maintain a list of disability -related resources and equipment available to ERO and ICE detention facilities, and where appropriate, assist Field Offices in the. provision of requested accommodations; e) Evaluate information collected from EID Arrest Guide for Law Enforcement (EAGLE), ENFORCE Alien Removal Module (EARM), Risk Classification Assessment (RCA), and other relevant ICE information technology systems regarding the identification, care, approved accommodations, and custody of detainees with disabilities; f) As appropriate, maintain records of detainees with communication and mobility impairments and records of denials of (and/or recommendations to deny) detainee requests for accommodations by facilities; g) Assist FODs, ERO HQ, and IHSC in compliance with the provisions of this Directive; h) Develop and deliver training on the provisions of this Directive; and i) Assist in addressing inquiries related to the care and custody of detainees with disabilities. 2) On a quarterly basis, the EDAC shall report to the Detention Monitoring Council (DMC) on trends and areas of concern related to detainees with disabilities. Assessment and Accommodations for Detainees with Disabilities 5.2. Supporting Disability Access Coordinators (SDAC). Each FOD shall designate at least one supervisory -level representative from his or her Field Office to serve as the SDAC for that area of responsibility (AOR). These individuals shall serve as the main point of contact at the Field Office level regarding compliance with Section 504 and associated DHS, ICE, and ERO regulations, detention standards, policies, and procedures related to detainees with disabilities. The SDACs shall also assist the FOD and other Field Office supervisory -level personnel in performing the following duties with respect to their AORs: I) Ensuring that any relevant notifications regarding disability access and accommodations, as required in Section 5.3 below, are posted and disseminated in facilities located within the Field Office's AOR; 2) Ensuring that ERO officers are aware of the need to provide accommodations to detainees with disabilities while they are in ERO custody; 3) Collaborating and communicating with the EDAC as well as Field Office and detention facility personnel within the AOR to monitor the care and treatment of detainees with disabilities; and 4) Coordinating with IHSC to review requests for accommodations requiring IHSC engagement or assistance. 5.3. Facility Obligations and Notifications. 1) It is the responsibility of the FOD and his or her supervisory -level designees to notify facilities in his or her AOR of their existing obligations under federal law related to the accommodation of detainees with disabilities, and in particular that they are obligated to maintain an interactive process that includes: a) Identification of detainees with disabilities or potential disabilities through observation, assessments, screenings, and detainee or third party requests; b) Notification to detainees of their right to request accommodations; c) An individualized and interactive assessment of a detainee's disability -related needs to access the facility and its programs, in which primary consideration is given to the preferences of the detainee (the facility may consider and provide equally effective alternatives); d) Consideration of interim or temporary accommodations where the requested accommodation cannot be immediately provided or is subject to agency approval (such as expenditures requiring IHSC authorization); Assessment and Accommodations for Detainees with Disabilities e) A process to inform a detainee of the final decision on his or her request for accommodations, including whether the facility will provide the detainee with alternative accommodations that are equally effective as those that the detainee requested; and f) The required notifications to the FOD as detailed below. 2) The FOD shall take steps to ensure that he or she is notified in writing by the facility administrator of the following: a) Any facility denial of a request for an accommodation beyond the provision of medication or medical or mental health care. This facility notification must be provided to the FOD as soon as practicable, but no later than 72 hours after the facility's decision or recommendation. The notification must include at a minimum: i) The nature of the detainee's disability; ii) The accommodation requested by the detainee; iii) The reason for denial; and iv) Any steps the facility has taken to address the detainee's needs. b) Any detainee identified as having a communication or mobility impairment. This notification must be provided to the FOD as soon as practicable, but no later than 72'hours after the facility's completed assessment of any such detainee. The notification must include at a minimum: i) The nature of the detainee's impairment; ii) The accommodation requested by the detainee; and iii) The facility's plan to accommodate the detainee. c) Excluding IHSC authorization and funding, any need for additional resources to assist with the facilities' obligations to provide detainees with disability -related services and accommodations, which may include information, equipment, or other assistance. 3) As appropriate, and in coordination with ERO HQ and IHSC personnel, the FOD or his or her designee will provide guidance, expertise, and technical assistance to facilities in his or her AOR as the facilities develop processes to allow for effective communication and to consider appropriate accommodations for detainees with disabilities. Assessment and Accommodations for Detainees with Disabilities 5.4. FOD Review and Oversight. Upon receipt of any facility notification related to the identification or accommodation of a detainee with a communication or mobility impairment, or to the denial of a requested accommodation, the FOD or his or her supervisory -level designee will review the information provided by the facility, and take appropriate action as outlined below. 1) Ensure relevant ERO Field Office staff is aware of the detainee with an impairment or disability and the need for any accommodations necessary for ERO's interactions with the detainee, including in verbal and written communications, transfer, release, and removal. 2) Within 48 hours of the notification from the facility, the FOD will notify ERO HQ and the EDAC. 3) Within 14 calendar days of the notification from the facility, the FOD will inform the EDAC of any discretionary action he or she has taken in response to the notification. Such discretionary action may include, but is not limited to: a) Consulting with the EDAC for a coordinated response and review of the information provided, including the sufficiency of accommodations; b) Consulting with the facility administrator on the need for any additional accommodations; c) Consulting with the IHSC Health Services Administrator (HSA) at IHSC staffed facilities, and with the IHSC Field Medical Coordinator (FMC) at non-IHSC staffed facilities, as needed; d) Engaging with the detainee, and observing the efficacy of accommodations that have been provided; e) Determining whether a transfer to another facility is a preferable option, following the procedures and guidelines included in ICE Policy No. 11022.1: Detainee Transfers (Jan. 4, 2012); and f) Consistent with requirements of mandatory detention, public safety, and other immigration enforcement considerations, considering release from custody. 5.5. ERO HQ Coordinated Review and Response. The EDAC and other ERO HQ personnel designated by the EAD will review all notifications received from FODs or their supervisory -level designees regarding facility decisions to deny requests for accommodations, detainees identified as having mobility or communication impairments, and any requests from. facilities, IHSC, or FODs for additional assistance. Assessment and Accommodations for Detainees with Disabilities 10 1) If, upon the initial review of these notifications, the EDAC and other ERO HQ personnel designated by the EAD identifies significant concerns with a denial or an accommodation, has questions about the information received, or believes early coordination with the Field Office may be beneficial, the EDAC may consult immediately with the FOD or his or her supervisory -level designee, and/or IHSC personnel. 2) Following the 14 day notification from the FOD, the EDAC and other ERO HQ personnel designated by the EAD shall review facility determinations and take any necessary steps, including but not limited to requesting additional information, engaging with the detainee with a disability in coordination with the FOD or his or her supervisory -level designee, and working with the FOD, SDAC, or IHSC on any necessary follow-up. 3) If the EDAC and other ERO HQ personnel designated by the EAD have concerns regarding a facility's denial of an accommodation, the nature of an accommodation provided by the facility, or a facility's delay in providing an accommodation, the EDAC shall discuss the detainee's request with the FOD, IHSC, and Field Operations personnel at ERO HQ. The FOD, IHSC, and Field Operations shall then, in coordination with the EDAC and other ERO HQ personnel designated by the EAD, take any necessary action, which may include: a) Working with the facility to ensure that an accommodation is provided to the detainee; b) Pursuing transfer to another detention facility where the detainee would be provided an accommodation; or c) Consistent with requirements of mandatory detention, public safety, and other immigration enforcement considerations, releasing the detainee from custody. 4) After completing the actions described in this subsection, the MAC, in coordination with other ERO HQ personnel designated by the EAD, shall report to the EAD all instances in which requests for accommodations were denied based on a facility's determination that providing the accommodation would cause an undue financial and administrative burden or fundamental alteration, including relevant information about the facility review, and any actions taken by the Field Office and ERO HQ personnel. 5.6. ICE Determinations on the Provision of Accommodations 1) IHSC, Field Office, or contract personnel at SPCs may not issue a final decision to deny a request for an accommodation for a detainee with a disability on the basis that a requested accommodation is an undue financial and administrative burden or fundamental alteration. Recommendations to deny a request on the basis that a requested accommodation is an undue financial and administrative burden or Assessment and Accommodations for Detainees with Disabilities 11 fundamental alteration must be submitted to the EAD to ensure a final decision is issued pursuant to relevant law and regulation. 2) IHSC Decisions on Covered Medical Services a) IHSC shall expeditiously review any facility requests for accommodations that are dependent on authorization as an IHSC covered medical service, to include non- formulary medications, treatment requiring additional authorizations, and durable medical equipment. b) IHSC .HQ will notify the EDAC of any recommendation by IHSC to deny a request for an accommodation based on undue financial and administrative burden or fundamental alteration within 5 working days of the date of the decision. The notification must include at a minimum: i) The nature of the detainee's disability; ii) The accommodation requested; iii) The reason for the recommended denial; and iv) Any alternative accommodation(s) being provided pending the agency's final decision on the request. c) IHSC personnel will notify the EDAC of delays in the consideration of requests for accommodations or in the provision of approved accommodations. In such cases, IHSC will coordinate with the EDAC, other ERO HQ personnel designated by the EAD, and Field Office staff in the review of interim accommodations provided to detainees. 3) Service Processing Centers (SPCs) a) For accommodations dependent on external IHSC authorization of covered medical services, Section 2 above will apply. b) Supervisory -level Field Office and/or contract personnel responsible for administering SPCs shall review all requests for accommodations, and all referrals of detainees with potential disabilities, beyond the provision of medication or medical care, within.5 working days of receipt or identification. c) Supervisory -level Field Office and/or contract personnel responsible for administering SPCs shall comply with the notification requirements outlined in Section 5.3.2 with respect to detainees with a communication or mobility impairment. Assessment and Accommodations for Detainees with Disabilities 12 d) Any final recommendation by supervisory -level Field Office and/or contract personnel at an SPC to deny a request for an accommodation beyond the provision of medication or medical care must be reported to the EDAC within 72 hours of the conclusion of the review. The notification must include at a minimum: i) The nature of the detainee's disability; ii) The accommodation requested; iii) The reason for the recommended denial; and iv) Any alternative accommodation(s) being provided pending the agency's final decision on the request. 3) The EDAC in coordination with other ERO HQ personnel designated by the EAD shall report all SPC or IHSC recommended denials that are based on undue financial and administrative burden or fundamental alteration to the EAD. The EAD, in consultation with the ICE Office of the Principal Legal Adviser (OPLA) and the ICE Office of Diversity and Civil Rights (ODCR), as appropriate, will ensure that final decisions are issued consistent with relevant law and regulation. 5.7. ICE Headquarters Oversight and Reporting. 1) Custody Management Division (CMD). a) CMD shall develop and maintain a data system that will collect disability accommodation reports and notifications received from the FODs. b) CMD, with assistance from IHSC, shall compile and maintain a list of relevant facility resources and capabilities. The list shall contain information about detention facilities and third party entities known to have medical devices, equipment, assistive technology, and tools available that would allow ERO to efficiently accommodate detainees with disabilities. c) Using available resources and considering any applicable statutory requirements, CMD, in coordination with IHSC, other ERO components, and FODs, shall on -an ongoing basis seek to enhance the availability of facility resources and capabilities described above. d) On an ongoing basis, CMD, in coordination with the EDAC, shall analyze data submitted by the field to identify trends, concerns, and areas for improvement, and shall assist the EDAC in compiling information for the EDAC's quarterly reports to the DMC. Assessment and Accommodations for Detainees with Disabilities 13 2) ERO Field Operations. ERO Field Operations, in coordination with CMD and IHSC, shall assist FODs in carrying out their duties and responsibilities under this policy, including by providing guidance on available transfer and/or release options and other ERO resources. 3) IHSC. IHSC headquarters personnel shall coordinate with ERO Field Operations and the EDAC in ensuring that FODs receive guidance and assistance in meeting their responsibilities under this Directive. a) IHSC HSAs and FMCs shall, as necessary, assist the FOD, Field Office staff, and detention facility staff with: i) Providing assistance and information on the assessment and accommodation of detainees with a disability; ii) Reviewing specific facility denials of requests for accommodations and the provision of accommodations as delineated in Section 5.5 above; iii) Engaging detainees with disabilities regarding their ability to access facility programs and services; and iv) Providing detention facility staff with technical assistance and information on disability accommodations and assessments. b) FMCS and IHSC HSAs shall review facility disability accommodation practices and procedures during the course of their normal oversight processes. This review will address facility policy, procedure, and the provision of accommodations, alternative accommodations, and denials, including a finding that a detainee did not have a disability. This review will be supported by IHSC HQ and relevant findings will be provided to the FOD and EDAC. 6. Training. 1) The EDAC, in coordination with OPLA and relevant ERO HQ offices and personnel, shall develop training materials to assist FODs, SDACs, IHSC personnel, and others in the implementation of this Directive. 2) ERO staff designated as SDACs shall participate in annual training on the topic of disabilities and the provision of accommodations. Should the designated SDAC for a given AOR change at any time, FODs must notify the EDAC as soon as possible. Newly -designated SDACs must complete the training on disabilities and accommodations within 30 days of assuming their duties. 3) Training should include, but not be limited to, the following: Assessment and Accommodations for Detainees with Disabilities 14 a) Relevant law, policy, and standards; b) Identifying a detainee with a disability; c) Engaging in an individualized and interactive assessment; d) Allowing for effective communication during the interactive process (which may include the provision of accommodations, including sign language interpretation, to, detainees with hearing, speech, manual, and sensory impairments, as well as language services for those detainees with limited English proficiency); e) Evaluating requests for accommodations or modifications to policy, practice, or procedure; f) Providing appropriate and effective accommodations or services for all types of disabilities; g) Utilizing DHS resources to promote Section 504 compliance; and h) Describing ERO reporting processes for tracking activities related to requests for accommodations. Authorities/References. 1) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended. 2) Enforcement of Nondiscrimination on the Basis of Disability in Department of Homeland Security Programs or Activities, 6 C.F.R, Part 15, et seq. 3) DHS Directive 065-01, Nondiscrimination for Individuals with Disabilities in DHS - Conducted Programs and Activities (Non -Employment) (Sept. 25, 2013). 4) DHS Instruction 065-01-001, Instruction on Nondiscrimination for Individuals with Disabilities in DHS Conducted Programs and Activities (Non -Employment) (Mar. 13, 2015). 5) ICE Policy 11022.1, "Detainee Transfers" (Jan. 4, 2012). Assessment and Accommodations for Detainees with Disabilities 15 8. No Private Right Statement. This document provides only internal ICE policy guidance, which may be modified, rescinded, or superseded at any time without notice. It is not intended to, does not, and may not be relied upon to create or diminish any rights, substantive or procedural, enforceable at law or equity by any party in any criminal, civil, or administrative matter. Likewise, no limitations are placed by this guidance on the otherwise lawful enforcement or litigative prerogatives of ICE, Thomas Homan Executive Associate Director Enforcement and Removal Operations Assessment and Accommodations for Detainees with Disabilities EXHIBIT B UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ROSARIO MACIEL AVITIA, et al. Plaintiffs, vp UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT; et al. Defendants. Case No. 2:16 -CV -4818 ATTACHMENT B TO MEDIATION STATEMENT OF DEFENDANT IMMIGRATION AND CUSTOMS ENFORCEMENT AMENDMENTS TO PERFORMANCE BASED DETENTION STANDARD 2011 NEW SECTON 4.8 4.8 Disability Identification, Assessment, and Accommodation I. Purpose and Scope This detention standard requires that facilities housing ICE/ERO detainees act affumatively to prevent disability discrimination. It outlines the necessary processes to ensure that detainees with a disability will have an equal opportunity to participate in, access, and enjoy the benefits of the facility's programs, services, and activities. Such participation will be accomplished in the least restrictive and most integrated setting possible, through the provision of reasonable accommodations, modifications, and/or auxiliary aids and services, as necessary, and in a facility that is physically accessible. This detention standard applies to the following types of facilities housing ERO detainees: • Service Processing Centers (SPCs); • Contract Detention Facilities (CRFs); and • State or local government facilities used by ERO through Intergovernmental Service Agreements (IGSAs) to hold detainees for more than 72 hours. Procedures in italics are specifically required For SPCs, CDFs, and Dedicated lGSA Facilities. Non- dedicated IGSA facilities must conform to these procedures or adopt, adapt or establish alternatives, provided they meet or exceed the intent represented by these procedures. Various terms used in this standard may be defined in standard "7.5 Definitions." II. Expected Outcomes The expected outcomes of this detention standard are as follows (specific requirements are defined in "V. Expected Practices"). For purposes of this standard, reasonable accommodations, disability - related modifications, and auxiliary aids and services are collectively referred to as "accommodations" or "reasonable accommodations." In addition to the'requirements in this detention standard, the facility shall comply with Section 504 of the Rehabilitation Act of 1973 (Section 504), Title II of the Americans with Disabilities Act of 1990, as amended (ADA), if applicable, and any other applicable federal, state or local laws or regulations related to nondiscrimination and accommodation for individuals with disabilities. 2. The facility will provide reasonable accommodations to provide detainees with disabilities an equal opportunity to access, participate in, or benefit from the facility's programs, services, and activities. 3. When considering what reasonable accommodations to provide, the facility will engage in an interactive and individualized process that considers the detainee's needs and gives primary consideration to the preferences of the detainee with a disability, as outlined in this standard. 4. The facility shall develop policies or procedures to allow for effective communication with detainees with disabilities — which may include the provision of auxiliary aids and services — during the interactive process as well as within the facility generally. 5. Each facility shall designate at least one staff member to serve as the facility's Disability Compliance Manager. This individual will assist in ensuring compliance with this standard and all applicable federal, state and local laws related to 4.8 1 Disability Identification, Assessment, and 344 PBNDS 2011 Accommodation (Revised December 2016) accommodations for detainees with disabilities. 6. The facility orientation program and the detainee handbook shall notify and inform detainees about the facility's disability accommodations policy, including their right to request reasonable accommodations and how to make such a request. 7. Facility staff shall receive training on reasonable accommodations policies and procedures, to include the actions they must take upon identifying a detainee with a disability who may require an accommodation, modification, and/or auxiliary aid or service. 8. The facility shall provide detainees with disabilities who are limited in their English proficiency (LEP) with meaningful access to its programs and activities through language assistance, including bilingual staff or professional interpretation and translation services. Meaningful access to facility programs and activities includes the effective communication of the applicable content and procedures in this standard. 9. The facility shall provide physical access to programs and activities in the least restrictive setting possible, and in the most integrated setting appropriate to the needs of the detainee with a disability. Detainees with disabilities requiring an assistive device, such as a crutch or wheelchair, shall normally be permitted to keep those items with them at all times. Removal of any such devices because of concerns related to safety and security must be based on individualized review and the justification documented. A detainee's disability or need for assistive devices or equipment may not provide the sole basis for the facility's decision to place the detainee apart from the general population. 10. Compliance with the reasonable accommodations policies and procedures articulated in this standard shall be consistently documented where practicable, as stated in this standard. 11. The facility administrator shall convene a multidisciplinary team to assess the cases of detainees with communication and mobility impairments, detainees whose initial requests for accommodations have been denied, and complex cases. The multidisciplinary team will determine whether the detainee has a disability, whether the detainee requires an accommodation to access the facility's programs and activities, and whether to grant or recommend denying the requested accommodation. Any denial by the multidisciplinary team of a request for accommodation related to a disability must be approved by the facility administrator or assistant facility administrator. 12. The local ICE/ERO Field Office shall be notified no later than 72 hours after the completed review and assessment of any detainee with a communication or mobility impairment. Facilities shall also notify the Field Office within 72 hours of any denial of a detainee's request for a disability -related accommodation. 13. Detainees shall be permitted to raise concerns about disability -related accommodations and/or the accommodations process through the grievance system, as outlined in standard 6.2 "Grievance System." Facilities shall ensure that detainees with disabilities have equal opportunity to access and participate in the grievance system, including by allowing for effective communication, which can include the provision of auxiliary aids and services, throughout the process. III. Standards Affected Not applicable. IV. References ICE/ERO Performance -Based Nadonal Detention 4.8 j Disability Identification, Assessment, and 345 PBNDS 2011 Accommodation (Revised December 2016) Standards 1071: • "1.3 Transportation (by Land)"; • "2.1 Admission and Release"; • "2,2 Custody Classification System"; • "2.6 Hold Rooms in Detention Facilities"; • "2.11 Sexual Abuse and Assault Prevention and Intervention"; • "2.13 Staff -Detainee Communication"; • "3.1 Disciplinary System"; • "4.3 Medical Care"; "4.5 Personal Hygiene"; • "5.2 Trips for Non -Medical Emergencies"; • 5.4 Recreation"; • 5.5 Religious Practices'; • 5.6 Telephone Access"; • 5.8 Voluntary Work Program"; • "6.2 Grievance System"; and • "7.3 Staff Training." Title II of the Americans with Disabilities Act of 1990, as amended, and its implementing regulation at 28 C.F.R. Part 35. The Architectural Barriers Act of 1968, as amended. Section 504 of the Rehabilitation Act of 1973, and DHS implementing regulation at 6 C.F.R. Part 15. DHS Directive 065-01, "Nondiscrimination for Individuals with Disabilities in DHS -conducted Programs and Activities (Non -Employment)" (Sept, 25, 2013). ICE Directive "Assessment and Accommodations for Detainees with Disabilities" (December 15, 2016). ICE Policy No. 11065.1, "Review of the Use of Segregation for ICE Detainees" (Sept. 4, 2013). V. Expected Practices A. Definitions 1. Disability For purposes of these detention standards, the term "disability" means either of the below: a. a physical or mental impairment that substantially limits one or more of an individual's major life activities; or b. a record of such a physical or mental impairment "Major life activities" are basic activities that a detainee without a disability in the general population can perform with little or no difficulty, including, but not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. A major life activity can also include the operation of major bodily functions, like the immune, endocrine, and neurological systems; normal cell growth; digestion, respiration, and circulation; and the operations of the bowel, bladder, and brain. 2. Communication Impairments Detainees with "communication impairments' include detainees with physical, hearing, vision, and speech impairments (e.g., detainees who have hearing loss or are deaf; blind; have visual impairments; or nonverbal). 3. Mobility Impairments Detainees with "mobility impairments" include detainees with physical impairments who require a wheelchair, crutches, prosthesis, cane, or other mobility device, or other assistance. 4. Programs, Services, or Activities For purposes of these standards, the "programs," "services," "benefits," and/or "activities" of a 4.8 j Disability Identification, Assessment, and 346 PBNDS 2011 Accommodation (Revised December 2016) detention facility include all aspects of the facility's operations that involve detainees. These include, but are not limited to, housing placements, medical care, safety and security protocols, food services, correspondence, visitation, grievance systems, transfers, and detainee programming and scheduled activities such as law and leisure libraries, religious services, educational or vocational classes, work programs, and recreation. & Auxiliary Aids or Services "Auxiliary aids or services" are services or devices that allow for effective communication by affording individuals with impaired vision, hearing, speaking, sensory, and manual skills an equal opportunity to participate in, and enjoy the benefits of, programs and activities. Such aids or services include interpreters, written materials, note -takers, video remote interpreting services, or other effective methods of making aurally delivered materials available to detainees with hearing impairments; readers, taped texts, materials or displays in Braille, secondary auditory programs, or other effective methods of making visually delivered materials available to detainees with visual impairments; acquisition or modification of equipment or devices; and other similar services and actions. 6. Reasonable Accommodations For purposes of these standards, "reasonable accommodation" means any change or adjustment in detention facility operations, any modification to detention facility policy, practice, or procedure, or any provision of an aid or service that permits a detainee with a disability to participate in the facility's programs, services, activities, or requirements, or to enjoy the benefits and privileges of detention programs equal to those enjoyed by detainees without disabilities. Examples of "reasonable accommodations" include, but are not limited to, proper medication and medical treatment; accessible housing, toilet, and shower facilities; devices like bed transfer, accessible beds or shower chairs, hearing aids, or canes; and assistance with toileting and hygiene. When considering requests for reasonable accommodations or modifications, the facility shall engage in an interactive and individualized process as outlined in section F below. For the purposes of this standard, and particularly section F below, reasonable accommodations, disability -related modifications, and auxiliary aids and services are collectively referred to as "accommodations" or "reasonable accommodations." B. Written Policy and Procedures, and Compliance Manager 1. Reasonable Accommodation Policy The facility shall develop written policy and procedures, including reasonable timelines, for reviewing detainees' requests for accommodations related to a disability and for providing accommodations (including interim accommodations), modifications, and reassessments. These policies and procedures shall be consistent with the processes outlined in this standard. 2. Disability Compliance Manager The facility shall designate a Disability Compliance Manager to assist facility personnel in ensuring compliance with this standard and all applicable federal, state, and local laws related to accommodation of detainees with disabilities. The Disability Compliance Manager may be the Health Services Administrator, a member of the medical staff, or anyone with relevant knowledge, education, and/or experience. C. Identification A detainee may identify him- or herself as having a disability and/or request a reasonable accommodation at any point during detention. Detainees may submit a formal or informal (i.e., verbal or written) request for accommodations or 4.8 1 Disability Identification, Assessment, and 347 PBNDS 2011 Accommodation (Revised December 2016) assistance. Requests should be reviewed in context, and do not need to include the words "disability" or "accommodation" to be considered a request for accommodations. The facility shall also consider information submitted by a third party, such as an attorney, family member, or other detainee identifying a detainee with a disability or a detainee's need for an accommodation. Further, it is incumbent upon facility staff to identify detainees with impairments that are open, obvious, and apparent. Identification of detainees with potential disabilities (i.e., impairments that are open, obvious, and apparent) may occur through medical Pr intake screenings, or through direct observation. Staff should be particularly vigilant for impairments that affect a detainee's mobility or ability to communicate. Upon identifying a detainee with a potential disability, the facility shall review the need for any necessary accommodations pursuant to Section F below. The processes described in this standard apply to any detainee who has requested an accommodation or auxiliary aid or service, or who has otherwise been identified as potentially needing an accommodation. D. Physical Accessibility and Most Integrated Setting Possible 1. Physical Accessibility The facility shall comply with all applicable federal, state, and local laws and regulations related to the accessibility of safe and appropriate housing for detainees with disabilities. The facility will ensure that detainees with disabilities are able to physically access its programs, services, and activities. This includes, for example, ensuring detainees with disabilities can access telephones, as well as toileting and bathing facilities, 2. Most Integrated Setting Every detainee with a disability will be housed in a space that affords him or her safe, appropriate living conditions. Detainees with disabilities should be provided access to the facility's programs and services in the least restrictive setting possible and the most integrated setting appropriate to the needs of the detainee with a disability. Detainees with disabilities shall generally be permitted to keep assistive devices (including such aids as canes and crutches) with them at all times, including in general population. Placement apart from the general population due to security concerns related to the use of any such item must be based on individualized review, and the justification for the placement must be documented, whether the detainee is placed in an SMU, medical clinic, or elsewhere. The justification shall set forth the individualized assessment of the safety or security concern created by the assistive device that could not be eliminated or mitigated by modification of policies or proceduzes. A detainee's disability or need for accommodations may not provide the sole basis for a decision to place the detainee in an SMU. An individualized assessment must be made in each case, and the justification for the placement documented. E. Effective Communication Throughout the facility's programs and activities, ' including at all stages of the reasonable accommodation process, the facility must take appropriate steps to allow for effective communication with detainees with disabilities to' afford them an equal opportunity to participate in, and enjoy the benefits of the facility's programs and activities. Steps to ensure effective communication may include the provision and use of auxiliary aids or services for detainees with vision, hearing, sensory, speech, and manual impairments, as needed. The type of auxiliary aid or service necessary to ensure effective communication will vary in accordance with the method of communication used by the individual detainee, the nature, length, and complexity of the 4.8 1 Disability Identification, Assessment, and 348 PBNDS 2011 Accommodation (Revised December 2016) communication involved, and the context in which the communication is taking place. In determining what types of auxiliary aids or services are necessary, the facility shall give primary consideration to the request of the detainee with a disability. Use of other detainees to interpret or facilitate communication with a detainee with a disability may only occur in emergencies. F. Reasonable Accommodations Process The facility's process to appropriately accommodate a detainee with a disability will differ depending on the nature of the impairment or disability being addressed. However, in certain cases, the facility administrator or his or her designee shall automatically convene a multidisciplinary team, as described in section 4 below. 1. Immediate Accommodations The facility shall provide detainees with disabilities with necessary accommodations in an expeditious manner. In many situations, the facility will be able to immediately grant a detainee's request for an accommodation. Where a request for accommodation is immediately granted and provided, and the accommodation fully addresses the detainee's ability to access the facility's programs and activities, the facility's response will not . ordinarily involve referral to a multidisciplinary team. 2. Medical and Mental Health Treatment Many detainees with disabilities will receive medical and/or mental health treatment from the facility's clinical medical authority. Where a detainee with a disability is fully able to access the facility's programs and activities through the provision of appropriate medical or mental health treatment, further interactive process may not be necessary. However, where the provision of accommodations depends on medical expenditures requiring ICE authorization, the facility shall consider whether there are any interim accommodations that would afford the detainee access to its programs and activities pending ICE authorization (for example, providing a wheelchair as an interim accommodation to allow for mobility while a prosthesis is repaired), and shall provide to the detainee any such interim accommodations it identifies. 3. Detainees with Cognitive, Intellectual, or Developmental Disabilities Referral to the multidisciplinary team may be appropriate for detainees who are identified as having a cognitive, intellectual, or developmental disability, including a traumatic brain injury. Such detainees may face difficulties navigating the detention environment, including disciplinary, grievance, and other processes. Additionally, such detainees may not understand the process for requesting an accommodation or be aware of limitations on their access to facility programs. Facility staff should not require the detainee's participation in the assessment process, and should be sensitive to the fact that some detainees in this category may not perceive themselves as having a disability. However, facility staff should provide appropriate assistance to a detainee with a cognitive, intellectual, or developmental disability, even if not explicitly requested (for example, reading and explaining a form to a detainee with limited cognitive abilities). Pursuant to Standard 4.3 "Medical Care,'" the facility is also required to report the identification of detainees with certain cognitive, intellectual, or developmental disabilities to the ICE/ERO Field Office. 4. Multidisciplinary Team Requests or referrals that require an evaluation by a multidisciplinary team include (1) detainees with mobility impairments; (2) detainees with communication impairments; (3) detainees whose initial requests for accommodations or assistance have been denied; (4) detainees who have fled 4.8 1 Disability Identification, Assessment, and 349 PBNDS 2011 Accommodation (Revised December 2016) grievances about the accommodation of their disabilities or impairments; (5) detainees whose requests are complex or best addressed by staff from more than one discipline (e.g., security, programming, medical, or mental health, etc.); and (6) detainees whose cases are otherwise determined by facility staff to be appropriate for referral to the team. The multidisciplinary team will include a healthcare professional and any additional facility staff with requisite knowledge of and/or responsibility for compliance with disability policies and procedures. The team may consist of two or more staff and may have different members at different times, depending on the detainee or request for accommodations under review. When appropriate, the multidisciplinary team shall consult with ICE/ERO to obtain guidance, information, and/or resources for providing accommodations. The team is encouraged to consult with local and community resources that may have subject matter expertise on the provision of accommodations, modifications, and services.. This consultation may include training, information on the availability of accommodations and services, and best practices. However, all external communications regarding individual detainees are subject to applicable privacy limitations and protections and must be conducted in a manner consistent with the Privacy Act. a. Interaction with the Detainee Given the importance of considering information from the detainee, the multidisciplinary team shall make a good faith attempt to interview the detainee and determine the nature of the detainee's disability, any difficulties the detainee experiences in accessing the facility or its programs or services, and the detainee's specific requests or needs for accommodation, if any. The multidisciplinary team will respect any detainee's decision to decline to participate in the accommodation process, including the invitation to interview with the multidisciplinary team. If a detainee declines such an invitation, the multidisciplinary team will document this declination. b. Multidisciplinary Team Determinations The multidisciplinary team will determine whether the detainee has a disability, whether the detainee requires an accommodation to meaningfully access the facility's programs and activities, and whether to grant or recommend denying the requested accommodation (if any) or propose an alternate, equally effective accommodation. The multidisciplinary team will issue a, written decision, including the documentation outlined below, within 5 working days of the request or referral. If there is a delay in determining whether to approve an accommodation request or in providing the detainee with an approved accommodation, the multidisciplinary team shall consider whether there are any interim accommodations that would afford the detainee access to its programs and activities pending the final disposition of the request or the provision of approved accommodations. The facility shall provide to the detainee any such interim accommodations it identifies. Where the multidisciplinary team approves a request for an accommodation; but the recommended accommodation requires approval from ICE (i.e., expenditures on medical treatment, medication, and durable medical equipment that require IHSC authorization), the team will inform the detainee of the decision and the status of the request with ICE and shall consider whether to provide an interim accommodation. The facility shall provide to the detainee any such interim accommodations it identifies, Where the multidisciplinary team approves a request for accommodations, and can 4.8 j Disability Identification, Assessment, and 350 PBNDS 2011 Accommodation (Revised December 2016) immediately provide the necessary accommodation, that decision will be the final facility determination, and the team will follow the notification procedures outlined below and implement the approved accommodations as quickly as possible. c. Final Review of Any Denial by Facility Administrator or Assistant Facility Administrator Any denial by the multidisciplinary team of a request for accommodation related to a disability must be approved by the facility administrator or assistant facility administrator. Such denials include all cases in which the multidisciplinary team determines that accommodations, including all requested accommodations, should be denied; or that alternate unrequested accommodation(s) should be provided. The facility administrator shall complete his or her review of the multidisciplinary team's decision within 3 working days of the team decision. d. Detainee Notification The facility will provide the detainee with written notification of the final decision on his or her request for accommodation, regardless of whether an accommodation was granted or denied, and regardless of whether the accommodation requires further approval by ICE. Notification that an approved accommodation request has been granted or submitted to ICE will be provided at the conclusion of the multidisciplinary team review. Notification of a denied accommodation, or provision of an alternate, unrequested accommodation, will be provided only after review and concurrence by the facility administrator or assistant facility administrator, and will include a justification for the denial. Notification shall be provided in a language or manner the detainee can understand. e. Staff Notification Where an accommodation is granted, facility policy or procedures will ensure that all relevant facility staff, including facility security staff, receive timely notification and, as needed, instructions for successful implementation of the accommodation. These procedures will also account for any applicable privacy and confidentiality considerations. f. Initial and Periodic Reassessments An initial re -assessment of approved accommodations must be completed within 30 days of the original assessment by the multidisciplinary team. All reassessments shall include a good faith attempt to interview the detainee regarding the current accommodations provided and the need, if any, for changes to the detainee's accommodation plan. Subsequent periodic reassessments of approved accommodations shall take place at a minimum every 90 days thereafter, unless requested sooner by the detainee. Such reassessments should evaluate the efficacy of the accommodation (s) provided, the continued need for accommodation and whether alternate accominodation(s) would be more effective or appropriate. Initial and periodic reassessments shall be documented in the detainee's medical and/or facility file. g. Documentation After the facility has completed its review of a detainee with a disability or of a request for an accommodation, facility staff shall place written documentation of the following in the detainee's medical and/or detention file, as appropriate: 1) date of the initial assessment interview with the detainee with a potential disability, along with the name(s) and title(s) of any/all facility staff in attendance; 2) summary of the detainee's request, if any, including any specific accommodations requested, and any information or .4.8 j Disability Identification, Assessment, and 351 PBNDS 2011 Accommodation (Revised December 2016) observations related to the detainee's disability; 3) finding on whether the detainee has a disability and how the disability or impairment limits the detainee's ability to access programs or activities within the detention setting; 4) the facility's final decision on any requested accommodations; 5) provision of any aids or services to the detainee, including the specific type(s) of accommodation provided and/or steps taken by the facility, and the implementation date(s); 6) a copy of any written notification provided to the detainee, including the justification in the case of a denial; and 7) the results and date(s) of any reassessment(s), if applicable, including reasons for any decisions made. G. Denial of an Accommodation Permissible reasons for the facility to deny an accommodation to a detainee who has been determined to have a disability include: (1) the detainee is not denied access to the facility's programs or activities because of a disability; (2) there is not a nexus between the disability and the requested accommodation; (3) the requested accommodation would fundamentally alter the nature of the program, service, or activity; (4) the requested accommodation would result in an undue financial and administrative burden; or (5) the detainee poses a direct threat to staff or other detainees. Both "fundamental alteration" and "undue financial and administrative burden" are generally high standards that are difficult to meet. Further, if a particular accommodation would result in an undue financial and administrative burden or fundamental alteration, the facility must take any other action that would not result in such an undue burden or fundamental alteration but would nevertheless ensure that, to the maximum extent possible, detainees with a disability receive the benefits and services of the program or activity. Similarly, determinations that individuals pose a "direct threat" are generally very rare, and require a careful, individualized assessment as described below. 1. Fundamental Alteration A "fundamental alteration" to a facility's programs, services, or activities is a change that is so significant that it alters the essential nature of the program, service, or activity offered. Whether a change constitutes a fundamental alteration is a determination that must be made on a case-by-case basis, and that must consider the unique characteristics of each facility and each detainee with a disability. 2. Undue Financial and Administrative Burden An "undue financial and administrativeburden" is a significant difficulty or expense related to a facility's operations, programs, or activities. In evaluating whether a particular accommodation would result in an undue burden, the facility must consider all resources available for use in the funding and operation of the conducted program or activity as a Whole. 3. Direct Threat The facility may justify the denial of an accommodation to a detainee with a disability on the basis of the detainee posing a direct threat to staff or other detainees only if providing the accommodation would unavoidably exacerbate the threat. The determination that a detainee with a disability poses such a direct threat to staff or other detainees must be reached through an individualized assessment by a multidisciplinary team. The assessment must rely on reasonable judgment and current medical evidence, or the best available 4.8 l Disability Identification, Assessment, and 352 PBNDS 2011 Accommodation (Revised December 2016) objective evidence, to determine the nature, duration, and severity of the risk, and whether any modifications of policies, practices, or procedures can mitigate or eliminate the risk. Detainees who are found to pose a direct threat are nevertheless entitled to auxiliary aids or services to allow for effective communication. H. External Notifications 1. Notification of a Detainee with a Communication or Mobility Impairment The facility shall notify the Field Office Director as soon as practicable, but no later than 72 hours, after the multidisciplinary team has completed its review of the needs of any detainee with a communication or mobility impairment. This notification must include, at a minimum, a. the nature of the detainee's disability or impairment; b. the accommodation requested by the detainee; and c. the facility's plan to accommodate the detainee. 2. Notification of Facility Denials and Provision of Alternative Accommodations The facility shall notify the Field Office Director in writing within 72 hours of any final denial by the facility administrator or assistant facility administrator of any accommodations request reviewed by the multidisciplinary team. This notification must include, at a minimum, a. the nature of the detainee's disability; b. the accommodation requested by the detainee; c. the reason for denial; and d. any steps the facility has taken to address the detainee's needs. ICE may review the facility's decrial of a request for an accommodation. The facility shall provide additional information as needed to further ICE's review, and shall cooperate with ICE on any additional steps that may be necessary. 1. Staff Training Training on the facility's Disability and Reasonable Accommodations procedures shall be provided to employees, volunteers, and contract personnel, and shall also be included in annual refresher training thereafter, New facility staff, including contractors and volunteers, shall receive this training as part of the Initial Orientation training required by Standard 7.3. The level and type of training for volunteers and contractors will be based on the services they provide and their level of contact with detainees; however, all volunteers and contractors who have any contact with detainees must be notified of the facility's disability accommodations policy.' "Appendix 4.8.A: Resources" following this standard lists resources available from the U.S. Department of Justice and organizations that may be useful in developing a training program, and/or for direct use in training. J. Detainee Orientation The facility orientation program required by standard 2. 1, "Admission and Release," and the detainee handbook required by standard 6. 1, "Detainee Handbook," shall notify and inform detainees about the facility's disability accommodations policy, including their right to request reasonable accommodations and how to make such a request. The facility will post other documents for detainee awareness in detainee living areas and in the medical unit, as requested by the local ICE/ERO Field Office. 4.8 1 Disability Identification, Assessment, and 353 PBNDS 20il Accommodation (Revised December 2016) Appendix 4.8.A: Resources Note: This appendix is not, and should not be interpretedas,legaladvice. Thisappendixis intended only as a reference. The materials referenced herein are non -exhaustive, and facilities are responsible for determining whether and how any additional laws apply. Applicable Federal Laws and Regulations Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794 (Section 504) • Section 504 prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors. Section 504 requires that no individual with a disability may be denied the opportunity to participate in a program, service, or activity solely by reason of a disability. The facility is required to provide reasonable modifications to provide individuals with disabilities with an equal opportunity to access, participate in, or benefit from the facility's programs, services, and activities. When considering what reasonable modifications to provide, the facility will engage in an interactive and individualized process that considers the individual's needs and gives primary consideration to the preferences of the individual with a disability. DHS' Section 504 implementing regulations: C.F.R. Part 15 Link to DHS' Section 504 regulations: htti2s•//www glo gov/fdsys/ag/CFR-2004- title6-voll/ndf/CFR-2004-dtle6-voll-partly pdf Architectural Barriers Act of 1968. 42 U.S.C. §§ 4151 et seg. (ABA) • The ABA requires that buildings and facilities that are designed, constructed, or altered with Federal funds, or leased by a Federal agency, comply with Federal standards for physical accessibility. ABA requirements are limited to architectural standards in new and altered buildings and in newly leased facilities. They do not address die activities conducted in those buildings and fatalities. • Implementing Regulations: 41 CFR Subpart 101-19.6 • Link to the ABA: https://www access - board. gov/ guidelines-and-standards/buildings- and-sites /about-the-aba-standards U.S. Department of Homeland Security (DHS) Resources Directive No, 065-01: Nondiscrimination for Individuals with Disabilities in DHS -Conducted Programs and Activities (Non -Em llooyment� This Directive establishes the DHS policy and implementation mechanisms for ensuring nondiscrimination for individuals with disabilities served by DHS -conducted programs and activities under Section 504. https://www.dhs.gov/sites/default/Mes/public ations / dhs-manag ement-directive-disability_ access 0 l.odf Directive 065-01-001: Instruction on Nondiscrimination for Individuals with a Disability in DHS -Conducted Programs and Activities on- EEWlo) trent) • This Instruction implements the DHS Directive 065-01, Nondiscrimination for Individuals with Disabilities in DHS -Conducted Programs and Activities (Non -Employment). httl2s://www.dhs.gov/sites/default/files/pLlbhc ations/ dhs-instruction-nondiscrimination- individuals-disabilities 03-07-15.pd A Guide to Interacting with People who Have Disabilities: 4.8 1 Disability Identification, Assessment, and 354 PBNDS 2011 Accommodation (Revised December 2016) • The DHS Office for Civil Rights and Civil Liberties developed this Guide to assist DHS personnel, contractors, and grantees in their interactions with people who have disabilities. Under Section 504, DHS has a legal obligation. to ensure nondiscrimination in the employment of people with disabilities as well as by providing program access, physical access, effective communication, and reasonable accommodation to people with disabilities encountered and served by DHS programs and activities. Examples of these interactions include detainees with disabilities who are in ICE custody awaiting a hearing or removal; this also includes individuals with disabilities who are members of the public, a family member, friend and/or attorney of a detainee who seek to access ICE programs, services and activities. Ensuring nondiscrimination often begins by practicing effective methods for interaction, such as treating individuals with respect and using appropriate language. This Guide offers a summary of disability myths and facts, guidance on appropriate language, and tips for successfully interacting with people who have disabilities. It is intended as a general overview of the topic and does not supplant any specific policies and procedures used by the DHS Components. httl2s://www.dlis.gov/sites/default/files/12ublic ations/ guide-interacting-with-peoole-who-have- disabilties 09-26-13.ndf Other Federal Government Resources Disability.gov: www.dis_�bility.gov Disability.gov is the U.S. federal government website for comprehensive information about disability -related programs, services, policies, laws and regulations nationwide. The site links to thousands of resources from many different federal government agencies, as well as state and local governments and nonprofit organizations across the country. New resources are frequently added to Disability.gov's 10 main subject areas: Benefits, Civil Rights, Community Life, Education, Emergency Preparedness, Employment, Health, Housing, Technology and Transportation. U.S. Department of Tustice. Disability Rights Section: www.ada.gov • ADA. gov is a website operated by the Disability Rights Section in the Civil Rights Division of the U.S. Department of Justice (DOJ) to continuously provide new and updated information and guidance on the Americans with Disabilities Act (ADA) and its requirements. DOJ also operates a toll-free information line for those seeking to comply with the ADA: (800) 514-0301 for voice calls; or (800) 514-0383 for TTY. [Note: The ADA does not apply to ICE's detention programs and activities. However, ada.gov provides helpful disability -related technical assistance materials on various subjects.] The U.S. Access Board: www.access-b6ard.gov • .The U.S. Access Board is an independent federal agency that promotes equality for people with disabilities through leadership in accessible design and the development of accessibility guidelines and standards for the built environment, transportation, communication, medical diagnostic equipment, and information technology. The Board develops and maintains design criteria for the built environment, transit vehicles, telecommunications equipment, medical diagnostic equipment, and information technology. The Board also provides technical assistance and training on these requirements and on accessible design and continues to enforce accessibility standards that cover federally funded facilities. The Board's Section 508 Standards apply to electronic and information technology procured by the federal government, including computer hardware and software, websites, phone systems, and 4.8 1 Disability Identification, Assessment, and 355 PBNDS 2011 Accommodation (Revised December 2016) copiers. They were issued under section 508 of the Rehabilitation Act which requires access for both members of the public and federal employees to such technologies when 4.8 1 Disability Identification, Assessment, and Accommodation developed, procured, maintained, or used by federal agencies. The Board operates a toll -free - line: (800) 872-2253 or TTY (800) 993-2822. 356 PBNDS 2011 (Revised December 2016)