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323 Hearing Impaired (Issued 06-19-2013)FRIDLEY POLICE DATE OF ISSUE NUMBER: GENERAL ORDER June 19, 2013 323 SUBJECT: REVISION DATE SECTION: Hearing Impaired/ Disabled Communications New Yellow I. PURPOSE The Fridley Police Department has specific legal obligations under the Americans with Disabilities Act and the Rehabilitation Act to communicate effectively with people who are deaf or hard of hearing. To carry out these legal obligations, the following policy is adopted. II. POLICY Individuals who suffer from deafness, hearing impairment, blindness, impaired vision, mental or other disabilities may encounter difficulties in gaining meaningful access to, or an understanding of important rights, obligations and services. It is the policy of this department to take all reasonable steps to accommodate such individuals in any law enforcement contact so that communications with people who are deaf or hard of hearing are as effective as communications with people who have no such disability. III. LEGAL BASIS The Americans with Disabilities Act, 42 U.S.C. §12101,et seq. (ADA), Section 504 of the Rehabilitation Act 29 U.S.C. §794 and 28 C.F.R. §42.503(f), and the Minnesota Human Rights Act, Minn. Stat. §363.01 et seq. These laws impose requirements on various public entities, including law enforcement facilities in Minnesota. These laws prohibit discrimination against individuals with disabilities, which includes depriving them of the full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations of any place of public accommodation. This requires that persons, who are deaf or hard of hearing, receive the same benefits of legal services as persons who do not have a hearing loss, unless the public entity can prove that doing so would be unduly burdensome, or would change the essential nature of the service the entity provides. Minnesota law specifically requires that public entities ensure effective and equal communication accessibility. IV. DEFINITIONS ‘Qualified’ Interpreter A ‘qualified’ interpreter is one who is able to interpret effectively, accurately and impartially both receptively and expressively, using any specialized vocabulary necessary for effective communication in a legal setting. Someone who has only a rudimentary familiarity with sign language or fingerspelling is not a “qualified interpreter.” Likewise, someone who is fluent in sign language but who does not possess the training and ability to process spoken communication into the proper signs or to observe someone signing and change their signed or fingerspelled communication into spoken words is not a “qualified interpreter.” Someone who is a qualified interpreter for a person who uses American Sign Language (ASL) may not be a qualified interpreter for an individual who uses a different sign language, such as one based on Russian rather than English. Likewise, an interpreter who knows tactile interpreting may be the only interpreter who is qualified to interpret for someone who is both deaf and blind. The standard in Minnesota is that interpreters in legal settings hold one of the following certifications: RID:SCL, RID CI and CT, RID CSC, NAD Level 5, NAD Level 4, or RID-NAD NIC. Auxiliary Aids A communication aid which can include: exchange of written notes, telecommunication device for the deaf (TDD), teletypewriter (TTY) or text telephone (TT), video phone (VP) or Video Relay Service (VRS), assistive listening device, handset amplifier, and/or sign language interpreter. V. TRAINING Every employee will receive information and training regarding working with and sensitivity to persons who are deaf or hard of hearing. Uniformed personnel must review and have a working knowledge of the publication Communicating with People Who Are Deaf or Hard of Hearing: ADA Guide for Law Enforcement Officers. This document reviews how officers should communicate effectively in the types of situations officers will encounter. Personnel who receive incoming telephone calls from the public will receive specific training in using the telephone relay service to communicate with persons who are deaf or hard of hearing. VI. PROCEDURE Effective communication with a person who is deaf or hard of hearing involved in an incident -- whether as a victim, witness, suspect, or arrestee -- is essential in ascertaining what actually occurred, the urgency of the matter, and type of situation. The input of people who are deaf or hard of hearing who are involved in incidents is just as important to the law enforcement process as the input of others. Officers must not draw conclusions about incidents unless they fully understand -- and are understood by -- all those involved, including people who are deaf or hard of hearing. A. Use of Auxiliary Aids Various types of communication aids – known as “auxiliary aids” – may be used to communicate with people who are deaf or hard of hearing. These include use of gestures or visual aids to supplement oral communication; use of a notepad and pen or pencil to exchange written notes; use of an assistive listening device to amplify sound for persons who are hard of hearing; or use of a qualified oral or sign language interpreter. 1. The type of aid that will be required for effective communication will depend on the individual’s usual method of communication, and the nature, importance, and duration of the communication at issue. 2. In many circumstances, oral communication supplemented by gestures and visual aids or an exchange of written notes will be an effective means of communicating with people who are deaf or hard of hearing. In other circumstances, a qualified interpreter may be needed to communicate effectively with persons who are deaf or hard of hearing. The more lengthy, complex, and important the communication, the more likely it is that a qualified interpreter will be required for effective communication. For example: a) If there has been an incident and the officer is conducting witness interviews, a qualified sign language interpreter may be required to communicate effectively with someone whose primary means of communication is sign language. A qualified oral interpreter may be required to communicate effectively with someone who has been trained to speech read (read lips). b) If a person is asking an officer for directions to a location, gestures or an exchange of written notes will likely be sufficient to communicate effectively. 3. To serve each individual effectively, primary consideration should be given to providing the type of communication aid or service requested by the individual. Officers should find out from the person who is deaf or hard of hearing what type of auxiliary aid or service he or she needs. Officers should defer to those expressed choices, unless: a) there is another equally effective way of communicating, given the circumstances, length, complexity, and importance of the communication, as well as the communication skills of the person who is deaf or hard of hearing; or b) doing so would fundamentally alter the nature of the law enforcement activity in question or would cause an undue administrative or financial burden; only the Public Safety Director or his or her designee may make this determination. 4. In situations when a nondisabled person would have access to a telephone, officers must provide persons who are deaf or hard of hearing the opportunity to place calls using a teletypewriter (TTY), also known as a telecommunications device for deaf people (TDD). Officers and police techs must also accept telephone calls placed by persons who are deaf or hard of hearing through the Telecommunications Relay Service. 5. People who are deaf or hard of hearing must not be charged for the cost of an auxiliary aid or service needed for effective communication. B. Sign Language and Oral Interpreting Services An interpreter must be able to sign to the deaf individual (or interpret orally to the person who speech reads) what is being said by the officer and be able to voice to the officer what is being signed or said by the deaf individual. 1. The interpreter used must be able to interpret in the language the deaf person uses (e.g., American Sign Language or Signed English) and must be familiar with law enforcement terms and phrases. 2. Because a qualified interpreter must be able to interpret impartially, a family member, child, or friend of the individual who is deaf may not be qualified to render the necessary interpretation because of factors such as professional, emotional, or personal involvement, or considerations of confidentiality. 3. A qualified interpreter will be used in any situations where clear and effective communication is necessary. Situations in which the services of a qualified interpreter may be necessary include, but are not limited to: a) Miranda Warning b) Booking Procedures c) Interviews and Interrogations d) Reporting a Crime e) Witness Statement 4. Personnel will make all reasonable efforts to ensure that interpreters are provided as quickly as possible after they are requested or determined to be necessary. Until the interpreter arrives, personnel will attempt to inform the individual that an interpreter has been called and the approximate time when the interpreter is expected to arrive. Booking and/or interview procedures will be stopped and resumed only after an interpreter arrives. 5. In general, personnel should control the interview. They should be passing information to and receiving information from the individual through the interpreter. Under no circumstances should an interpreter be allowed to independently question an individual. The interpreter’s role is to serve as a neutral third party, taking care not to insert his or her perspective into the communication between parties. C. The Department will maintain a list of resources and contacts for auxiliary aids and qualified interpreter services.