SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA
THE WASHINGTON STATE DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES, CHILD WELFARE PROGRAM
USAO #2018v00540; DJ #204-82-306

1. BACKGROUND
1. The parties (“Parties”) to this Settlement Agreement (“Agreement”) are the United States of America (“United States”) and the Washington State Department of Children, Youth, and Families’ Child Welfare Program (“DCYF CWP”).  DCYF CWP is a state agency that, among other things, oversees Child Protective Services’ Investigations (“CPSIs”) and Family Assessment Reponses (“FAR”).  CPSIs involve investigations into the welfare of a child or children and the fitness of the child(ren)’s parents or guardians to appropriately care for that child or children.  CPSIs may result in the filing of a civil suit to terminate parental rights, a conversion to a FAR, or the end of an investigation without further action. FARs are voluntary processes that involve providing assistance and services to parents and children in order to promote child welfare. Up until 2018, these services were performed by Washington State’s Department of Social and Health Services.
2. This matter was initiated by two complaints filed with the U.S. Attorney’s Office (“USAO”) – one in the Western District of Washington and one in the Eastern District of Washington – alleging that DCYF CWP (or DSHS prior to 2018) failed or was failing to provide sign language interpreter services necessary for effective communication to parents who are deaf, including in the provision of DCYF CWP services, during investigations resulting in the possible termination of parental rights, and during court-ordered treatments and counseling necessary for reunification with their children.
2. LEGAL STANDARD AND AUTHORITY
3. DCYF CWP is a “public entity” within the meaning of Title II of the ADA, 42 U.S.C. § 12131(1)(B).  The ADA provides that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. 42 U.S.C. § 12132.
4. Federal regulations further state that a public entity may not, in providing an aid, benefit, or service, directly or through contractual or other arrangements, deny an individual with a disability the opportunity to participate in or benefit from that aid, benefit, or service. 28 C.F.R. § 35.130(b)(1)(i).  Likewise, a public entity may not, directly or through contractual or other arrangements, provide a qualified individual with a disability with an aid, benefit, or service that is not equal to the aid, benefit, or service provided to others. 28 C.F.R. § 35.130(b)(1)(ii).  Nor may the entity provide a qualified individual with a disability with an aid, benefit, or service that is not as effective in affording equal opportunity to obtain the same result or to gain the same benefit from the entity’s aid, benefit, or service. 28 C.F.R. § 35.130(b)(1)(iii).
5. Federal regulations expressly require public entities to take specific steps with respect to persons with communication disabilities. Namely, a public entity must take appropriate steps to ensure that communications with people with disabilities are as effective as communications with others. See 28 C.F.R. § 35.160(a)(1). This includes an obligation to furnish appropriate auxiliary aids and services where necessary to afford qualified individuals with disabilities an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity of a public entity. 28 C.F.R. § 35.160(b)(1).  In selecting the appropriate auxiliary aid or service, a public entity must give primary consideration to the requests of individuals with disabilities. 28 C.F.R. § 35.160(b)(2).  In order to be effective, auxiliary aids and services must be provided in accessible formats, in a timely manner, and in such a way as to protect the privacy and independence of the individual with a disability.  Id.
6. A public entity is not relieved of its duty to effectively communicate with individuals who are deaf or hard of hearing by making efforts, even reasonable efforts, to facilitate effective communication. Rather, a public entity must provide effective communication unless it can demonstrate that doing so would fundamentally alter the service, program, or activity or would result in undue financial and administrative burdens.  28 C.F.R. §§ 35.160, 35.164.
7. In addition, a public entity must not rely on an adult accompanying an individual with a disability to interpret except in an emergency or where the individual with a disability specifically requests that the accompanying adult interpret and reliance on that adult for such assistance is appropriate under the circumstances. 28 C.F.R. § 35.160(c). A public entity must 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.  Id.
8. The USAO is authorized under the ADA to determine DCYF CWP’s compliance with Title II of the ADA and Title II’s implementing regulation, and if appropriate, to resolve the matter by informal resolution, such as through the terms of this settlement agreement.  If informal resolution is not achieved, the USAO is authorized to issue findings, and to negotiate and secure voluntary compliance agreements.  28 C.F.R. pt. 35, Subpart F.  The Attorney General is authorized, under 42 U.S.C. § 12133, to bring a civil action to enforce Title II of the ADA.
3. INVESTIGATION
9. DCYF CWP fully cooperated with the United States’ investigation in this matter.  On the basis of the United States’ investigation, the United States substantiated the claims that DCYF CWP failed to effectively communicate with the two complainant families (“Complainants”) between 2017 and 2019 during at least 100 different interactions.  These included failing to timely provide necessary, qualified interpreters during investigative interactions (such as home visits, face-to-face visits, and parent interviews), mediations, voluntary services (such as family therapy), and court-ordered services necessary for reunification (including family therapy, mental health treatment, chemical dependency services, parent-child supervised visitations, and parenting assessments).  The United States determined that the failure to provide qualified interpreters during these interactions deprived Complainants of equal access to DCYF CWP’s services, created misunderstandings regarding the nature of the voluntariness of interactions with DCYF CWP, created delays in resolution of DCYF CWP’s investigations, and potentially delayed reunification between parents and their children.  The United States determined that Complainants were frequently unable to access DCYF CWP services, including therapies or visitation with their children, due to DCYF CWP’s failure to provide interpreters necessary for effective communication.  The United States further determined that, at other times, DCYF CWP relied upon ineffective means of communication during many of DCYF CWP’s interactions with Complainants, including the use of note-writing and interpreters who were related to Complainants.  The United States also observed evidence that DCYF CWP used the Complainants’ status as individuals who are deaf and/or their requests for interpreters and use of attorneys to advocate for the use of interpreters to create negative inferences about Complainants’ ability to appropriately parent.  The United States further determined that DCYF CWP’s actions and the delays in treatment, resolution of investigations, and access to services, including visitations with their children, caused significant emotional distress to the Complainants and their children.
10. The United States also determined that DCYF CWP lacks sufficient policies, procedures, and related training to ensure that DCYF CWP employees understand their obligations under the ADA and the rights of their Constituents with communication disabilities.  Further, DCYF CWP lacks appropriate contract relationships with interpreter service providers in order to provide timely interpreter services on the same timelines required of DCYF CWP with respect to its services.  DCYF CWP also lacks appropriate contract terms with entities providing services on behalf of DCYF CWP to ensure that those entities also abide by the ADA with respect to its effective communication mandates.
11. On the basis of these determinations, the United States has concluded that DCYF CWP violated Title II of the ADA by failing to provide equal access to its services to people who are deaf, DeafBlind, or hard of hearing and by failing to ensure effective communication.
12. Without admitting to the allegations contained in the Complaints described in this Agreement, or the conclusions and determinations made by the United States as described in this Agreement, DCYF CWP believes this matter can be resolved without resort to litigation.  Accordingly, the United States and DCYF CWP have agreed to the terms and conditions of this Agreement as described in Sections IV through VII.
4. DEFINITIONS
13. The term “Auxiliary Aids or Services” means (a) Qualified interpreters on-site or through video remote interpreting (“VRI”) services; notetakers; real-time computer-aided transcription services; written materials; exchange of written notes; telephone handset amplifiers; assistive listening devices; assistive listening systems; telephones compatible with hearing aids; closed caption decoders; open and closed captioning, including real-time captioning; voice, text, and video-based telecommunications products and systems, including text telephones (“TTYs”), videophones, and captioned telephones, or equally effective telecommunications devices; videotext displays; accessible electronic and information technology; or other effective methods of making aurally delivered information available to individuals who are deaf or hard of hearing; (b) Qualified readers; taped texts; audio recordings; Brailled materials and displays; screen reader software; magnification software; optical readers; secondary auditory programs (“SAP”); large print materials; accessible electronic and information technology; or other effective methods of making visually delivered materials available to individuals who are blind or have low vision; (c) Acquisition or modification of equipment or devices; and (d) Other similar services and actions.  28 C.F.R. § 35.104.
14. The term “Qualified Interpreter” means an interpreter who, via an on-site appearance or VRI service, is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary.  28 C.F.R. § 35.104.  Qualified interpreters include, for example, sign language interpreters, oral transliterators, tactile interpreters, and cued-language transliterators.  Whether or not a particular interpreter is qualified will depend upon the form of communication that the Constituent at issue typically uses. For purposes of this Agreement, a Qualified Interpreter must be knowledgeable with terminology used in CPSI/FAR contexts.
15. The term “Constituent” shall be broadly construed to include any individual who is seeking access to, or participating in, the goods, services, privileges, advantages, or accommodations of DCYF CWP. Constituents include, but are not limited to, parents, foster or adoptive parents, children, or other caregivers in communication with DYCF regarding any of its investigations, proceedings, or services.  A service includes actions taken by the state agency that are adverse or against the will of the Constituent.
16. The term “DCYF CWP Personnel” means all DCYF CWP employees or contractors who routinely have contact with Constituents or members of the general public.
17. The term “Service Provider” means any entity that DCYF CWP or its employees rely upon to provide services related to DCYF CWP’s work including but not limited to family therapists, mental health testing and counseling providers, chemical dependency testing, treatment and counseling providers.
5. CORRECTIVE ACTION
1. General Non-Discrimination and Effective Communication Provisions
18. DCYF CWP shall provide Constituents with communication disabilities (including but not limited to those who are deaf, DeafBlind, or hard of hearing) with the full and equal enjoyment of the services, privileges, facilities, advantages, and accommodations of DCYF CWP as required by this Agreement and the ADA.
19. DCYF CWP will furnish appropriate Auxiliary Aids and Services when necessary to afford Constituents with communication disabilities an equal opportunity to participate in and enjoy the benefits of DCYF CWP’s services, programs, and activities.  28 C.F.R. § 35.160(b)(1).
20. DCYF CWP will not coerce, intimidate, threaten, interfere, or engage in other discriminatory or retaliatory conduct against anyone because he or she has either taken action or participated in an action to secure rights protected by the ADA, including making a request for reasonable modifications or Auxiliary Aids or Services or filing a disability discrimination complaint with DCYF CWP or the U.S. Department of Justice (“DOJ”).  See 42 U.S.C. § 12203.
21. DCYF CWP will obligate its contractors to comply with Title II and/or Title III of the ADA in all contracts entered into during the term of this Agreement.
22. DCYF CWP will adopt and publish grievance procedures providing for prompt and equitable resolution of complaints alleging disability discrimination, and will designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under the ADA and Section 504, including any investigation of any complaint communicated to it alleging noncompliance or otherwise alleging disability discrimination.  28 C.F.R. § 35.107.
23. DCYF CWP will ensure that no surcharge will be placed on a Constituent with a disability to cover the costs of measures, such as the provision of Auxiliary Aids or Services or program accessibility, that are required for DCYF CWP to provide such Constituents with nondiscriminatory treatment.  28 C.F.R. § 35.130(f).
2. Policies
24. Within sixty (60) days of this Agreement, DCYF CWP will provide draft policies that guide the provision of Auxiliary Aids or Services to Constituents with communication disabilities (“Communication Policies”) for review to the USAO.  Upon receipt of the draft Communication Policies from DCYF CWP, the USAO will review and provide comments to DCYF CWP, which must be incorporated by DCYF CWP.  Within one (1) month of receiving any comments from the USAO, DCYF CWP will implement the Communication Policies and will distribute them to all DCYF CWP Personnel, and will maintain their implementation for, at minimum, the term of this Agreement.  DCYF CWP will also incorporate their content into the training discussed in Paragraph 41.
25. Any proposed revisions to the Communication Policies during the term of the Agreement must be reviewed and approved by the USAO before being implemented by DCYF CWP, which approval shall not be unreasonably withheld.  Once any revisions to the policies are implemented, DCYF CWP will update its training materials for the trainings required by Paragraph 41 to reflect the revised policies and highlight substantive changes to the policies in any subsequent trainings.
26. DCYF CWP’s Communication Policies will contain statements that include or are substantially similar to the following terms and/or their related provisions in the ADA regulations:
1. 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.
2. In determining what types of Auxiliary Aids and Services are necessary, DCYF CWP will give primary consideration to the requests of individuals with communication disabilities.
3. DCYF CWP or its Service Provider must provide a Qualified Interpreter for Constituents whose primary language is sign language for:
1. Communications regarding an explanation of a Constituents’ rights, responsibilities, or obligations;
2. Testing or assessments, including but not limited to, chemical dependency assessments (other than simple blood draws), mental health assessments, parenting assessments, and home visits;
3. Obtaining assent to any legally-binding agreement;
4. Participate in mediation or other out-of-court communications involving negotiations or other significant legal issues;
5. Services mandated by agreement with DCYF CWP or any court in which significant or lengthy communications are involved, including but not limited to: family therapy, mental health therapy or counseling; chemical dependency treatment, therapy, or testing (other than simple blood draws); shared planning meetings; and visitations with children; and
6. Voluntary services offered by DCYF CWP to support parents in which significant or lengthy communications are involved.
4. For any matter in which DCYF CWP believes a court is responsible for providing ASL interpreter services to a Constituent, DCYF CWP will provide timely notice to the court that ASL interpreter services are necessary, including for emergency hearings.  If after receiving notice from DCYF CWP a court fails to provide ASL interpreter services, DCYF will, by and through the attorneys for DCYF, notify the DOJ of such failure.
5. DCYF CWP will not rely on an adult friend or family member of the Constituent with communication disabilities to interpret except:
1. In an emergency involving an imminent threat to the safety of an individual or the public where there is no interpreter available; or
2. Where the Constituent with communication disabilities specifically requests that the adult friend or adult family member interpret, the accompanying adult agrees to provide such assistance, and reliance on that adult for such assistance is appropriate under the circumstances. 
3. DCYF CWP will not rely on a minor child to interpret except in the limited circumstances described in (i) above.
27. DCYF CWP will publish this policy language on its intranet in a conspicuous manner that is easily available to all DCYF CWP Personnel for the duration of this Agreement. DCYF CWP will also include information about how to request Auxiliary Aids and Services, the grievance mechanism, and the contact information for the ADA Coordinator at this intranet location.
3. Video Remote Interpreting
28. If, at any point during the term of this Agreement, DCYF CWP opts to use VRI for purposes of achieving effective communication with Constituents, DCYF CWP agrees to abide by the following terms:
1. The VRI will have real-time, full-motion video and audio over a dedicated high speed, wide-bandwidth video connection or wireless connection that delivers high-quality video images that comply with the requirements of 28 C.F.R. § 35.160(d);
2. DCYF CWP Personnel using VRI must have adequate training in the technology so that it can be quickly and efficiently set up and operated.  28 C.F.R. § 35.160(d); and
3. DCYF CWP Personnel will not rely upon VRI in circumstances where it would be incompatible with effective communication, including but not limited to circumstances where the Constituent has limited range of view or cognitive or other sensory impairments.
4. Notice to the Public
29. Within sixty (60) days of the USAO’s approval of DCYF CWP’s Communication Policies under Section V(B), DCYF CWP will develop a short, plain language document (at an appropriate literacy level) to notify Constituents of DCYF CWP’s Communication Policies (“Communication Policies Notice”), including, but not limited to: 
1. the process to make a request for Auxiliary Aids and Services;
2. the contact information for the ADA Coordinator; and
3. the process to initiate related grievances, as detailed in Paragraph 39. 
30. The Communication Policies Notice must also make clear that the availability and use of DCYF CWP’s grievance process does not prevent a person from filing a complaint of disability discrimination with the DOJ, and should include relevant contact information to do so.
31. DCYF CWP will provide the Communication Policies Notice to the USAO for review and approval prior to making it publicly available.
32. Upon the USAO’s approval of the Communication Policies Notice, DCYF CWP will provide a paper or emailed copy to every Constituent who is or becomes involved with the DCYF CWP during the term of this Agreement—(i) beginning when DCYF CWP investigates a report of suspected neglect or abuse, receives a request for services, or an order or referral from court, and (ii) at the first case management or shared planning meeting with the family thereafter.  If the case involves a Constituent with a communication disability, this notice shall be provided to the family at least once a year for the duration of the case.
33. Within thirty (30) days of receiving the USAO’s approval of the Communication Policies Notice, DCYF CWP will post the approved Communication Policies Notice in an accessible manner (e.g., conforming to the voluntary Web Content Accessibility Guidelines (WCAG) 2.0 AA standards) and in a conspicuous location on its homepage, currently located at https://www.dcyf.wa.gov/.  
34. Within ninety (90) days of receiving the USAO’s approval of the Communication Policies Notice, DCYF CWP will conspicuously post the Communications Policies Notice at the entrance or check-in desk of each of its physical child welfare offices.
5. Contracts
35. DCYF CWP will enter into or maintain contracts with interpreter services providers for the provision of sign language and tactile interpreters for each county in the state.  The contracts must be sufficient to meet the expected volume of use for all services provided directly by DCYF CWP including but not limited to those listed in Paragraph 26.  DCYF CWP agrees that it will request in-person interpreters for all substantive services provided by DCYF CWP as soon as possible after the scheduling of such services.  If an in-person interpreter is not available despite DCYF CWP’s timely request, DCYF CWP may rely on VRI to provide sign language interpreter services when doing so is sufficient to provide effective communication and consistent with the VRI requirements set forth in Paragraph 28.
36. Within ninety (90) days of this Agreement, DCYF CWP will provide notice to all Service Providers of the new requirements with respect to effective communication listed below and inform each Service Provider that such agreements will be mandatory in the next set of service contracts (to be renewed pursuant to DCYF’s usual contracting cycles in either July or October 2021).  Service Providers declining to agree to such terms in the next contracting cycle will not be permitted to continue to contract with DCYF CWP.  These contracts will specify which entity (DCYF CWP or the Service Provider) will provide Auxiliary Aids and Services to Constituents with communications disabilities.
1. If DCYF CWP is providing the Auxiliary Aids and Services, the contract will specify:
1. guidance regarding when a Service Provider should request services, consistent with the terms of the ADA and this Agreement;
2. an agreement by the Service Provider to do so consistent with the terms of the ADA and this Agreement;
3. an agreement by the Service Provider to have appropriate technology (including laptops or tablets of suitable size, high speed internet connection, and the like) to facilitate use of VRI when needed;
4. how the Service Provider can request and/or use such services; and
5. contact information for DCYF CWP’s ADA Coordinator.
2. If the Service Provider is providing the Auxiliary Aids and Services, the contract will specify:
1. that the Service Provider has sufficient contracts or relationships with interpreter services agencies to provide timely and appropriate Qualified Interpreters to commensurate with the normal hours of operation and time from request to appointment as offered to other persons seeking their services;
2. that the Service Provider will keep a log of all requests for Auxiliary Aids and Services as set forth in Paragraphs 44 and 45 of this Agreement;
3. that the contract is terminable for failure to abide by its terms;
4. that the Service Provider will provide Constituents with information about how to file grievances with DCYF CWP pursuant to the process described in Paragraph 39; and
5. contains contact information for DCYF CWP’s ADA Coordinator.
6. ADA Coordinator
37. Within thirty (30) days of this Agreement, DCYF CWP will designate at least one employee to serve as its ADA Coordinator for the duration of this Agreement.  The ADA Coordinator will be someone with training in the requirements of the ADA.
38. The ADA Coordinator will coordinate DCYF CWP’s efforts to comply with and carry out its responsibilities under the ADA pursuant to 28 C.F.R. § 35.107.  The ADA Coordinator will be involved in the drafting of policies and training consistent with Paragraphs 24 and 41 and ensuring the appropriate distribution and attendance at each respectively. The ADA Coordinator will coordinate DCYF CWP’s timely investigation of and response to all grievances as set forth in Paragraph 39, including effective communication issues related to DCYF CWP’s use of Service Providers. 
39. The ADA Coordinator will also be responsible for ensuring compliance with this Agreement, including providing the reporting required by Paragraphs 46 and 47, and responding to requests for information from the USAO as set forth in Paragraph 48.
7. Grievance Procedures
40. DCYF CWP will implement a grievance resolution mechanism for the investigation of disputes regarding effective communication with Constituents with communication disabilities.  In particular:
    1. DCYF CWP will maintain records of all grievances regarding effective communication, whether oral or written, made to DCYF CWP and actions taken with respect thereto.
    2. A written response to any grievance shall be provided to the complainant as soon as is practicable, but in no event longer than thirty (30) days of receipt of the complaint.
    3. The resolution of each grievance must be equitable, timely, and consistent with the requirements of the ADA.
    4. Copies of all grievances regarding effective communication and the responses thereto will be maintained by the ADA Coordinator for the entire duration of this Agreement and reported to the USAO in the manner set forth in Paragraph 46 and 47.
8. Training
41. Within ninety (90) days of this Agreement, DCYF CWP will provide draft training materials to the USAO for review and comment. 
42. The training will cover all areas of this Agreement, including obligations related to effective communication under Title II of the ADA, DCYF CWP’s new policies and procedures related to effective communication, how and when to request an interpreter, how to reach the ADA Coordinator, information regarding DCYF CWP’s grievance procedure, and the reporting requirements of this Agreement.
43. DCYF CWP will train all DCYF CWP Personnel within ninety (90) days of receiving the USAO’s approval of the training materials. DCYF CWP will train all new hires within thirty (30) days of the start of their employment.  DCYF CWP will conduct a refresher training annually on these topics throughout the course of this Agreement.
44. DCYF CWP will keep an electronic log or electronic sign in sheets for each training and shall include certifications about the state of DCYF CWP’s compliance with its training obligations in each Compliance Report, as discussed in Paragraph 47.
9. Auxiliary Aid and Service Log
45. DCYF CWP will maintain a log in which requests for Qualified Interpreters for Constituents with communication disabilities will be documented. The log will indicate:
1. A Constituent identifier that DCYF maintains a key for, such that the actual Constituent’s name for each log entry is only known to DCYF;
2. The nature of the Auxiliary Aid or Service requested;
3. The date the request was made by the Constituent (or the need was identified by a DCYF CWP Personnel);
4. The time and date of the service at issue;
5. The time and date the request was fulfilled;
6. Whether the request was made in connection with a service being provided by a Service Provider and, if so, who has contractual responsibility for providing Auxiliary Aids and Services for such service; and
7. The nature of the Auxiliary Aid or Service provided.
46. If the requested Auxiliary Aid or Service was not provided or was not provided in the timeframe or type requested, the log shall contain a statement explaining why and what attempts were made to effectively communicate/otherwise provide equal access to services.  Such logs will be maintained by the ADA Coordinator for the entire duration of the Agreement and will be incorporated into the Compliance Reports as described in Paragraph 47 of this Agreement. Such logs will include information gathered from Service Providers who have contractual responsibility for providing Auxiliary Aids and Services. DCYF CWP and the relevant Service Providers will implement the Auxiliary Aid and Service Log no later than sixty (60) days following execution of this Agreement.
10. Reporting and Monitoring
47. During the term of this Agreement and beginning as of the Effective Date of this Agreement, DCYF CWP will report in the first week of every business quarter, and once thirty (30) days prior to end of the term of the Agreement, to the USAO as to its compliance with this Agreement. The reports shall be forwarded by electronic or regular mail to this address or to the designated USAO employee handing this matter, should the assignment change (in which case DCYF CWP will receive notice of the change in writing from the USAO):

    Christina Fogg
    Assistant United States Attorney
    United States Attorney’s Office, W.D. Washington
    700 Stewart Street, Suite 5220
    Seattle, Washington 98101-1271
    christina.fogg@usdoj.gov

48. The quarterly Compliance Reports shall describe efforts to comply with the terms of this Agreement and shall include:
1. the information required in the Auxiliary Aid and Service Log described in Paragraphs 44 and 45.
2. the information maintained in the grievance records described in Paragraph 39, including the number of grievances received by DCYF CWP from Constituents regarding Auxiliary Aids and Services and/or effective communication, and the resolution of such grievances including any supporting documents (DCYF CWP will also report any effective communication related complaints it receives or becomes aware of outside of its formal grievance process, including but not limited to lawsuits or complaints made to other state or federal agencies);
3. the information required regarding training performed described in Paragraph 43; and
4. a report of any other actions taken with respect to the other requirements in this Agreement during the period of reporting.
49. DCYF CWP will maintain records to document the information contained in the Compliance Reports and will make them available, upon request, to the USAO.
6. MONETARY RELIEF
50. Compensatory Relief for Complainants.  Within thirty (30) days after receiving the executed Agreement and the Complainants’ signed releases (Blank Release Forms are attached as Exhibit A), DCYF CWP will pay the Complainants THREE HUNDRED THOUSAND DOLLARS ($300,000.00). This payment is compensation to the Complainants pursuant to 42 U.S.C. § 12188(b)(2)(B) for the effects of the alleged discrimination suffered as described in Paragraphs 9 through 11. Full payment will be made by warrant (check) pursuant to instructions to be provided by the USAO.  Once received, the USAO will distribute $25,000 to Complainant A directly and $275,000 to Complainant B, via the trust account for Complainant B’s attorney. It is contemplated that Complainant B’s attorney will distribute those funds to each of the family members constituting Complainant B in accordance with the terms approved by the U.S. District Court for the Eastern District of Washington.
7. ENFORCEMENT AND MISCELLANEOUS PROVISIONS
51. Duration of the Agreement. This Agreement will be in effect for two (2) years from the Effective Date.
52. Enforcement. In consideration of the terms of this Agreement as set forth above, the United States agrees to refrain from undertaking further investigation or from filing a civil suit under Title II in this matter, except as provided in Paragraph 52.  Nothing contained in this Agreement is intended or shall be construed as a waiver by the United States of any right to institute proceedings against DCYF CWP for violations of any statutes, regulations, or rules administered by the United States or to prevent or limit the right of the United States to obtain relief under the ADA for violations unrelated to this matter. 
53. Compliance Review and Enforcement. The United States may review compliance with this Agreement at any time and can enforce this Agreement if the United States believes that it or any requirement thereof has been violated by instituting a civil action in U.S. District Court.  If the United States believes that this Agreement or any portion of it has been violated, it will raise its claim(s) in writing with DCYF CWP, and the parties will attempt to resolve the concern(s) in good faith.  The United States will allow DCYF CWP thirty (30) days from the date it notifies DCYF CWP of any breach of this Agreement to cure said breach, prior to instituting any court action to enforce the ADA or the terms of the Agreement.
54. Entire Agreement. This Agreement and the attachments hereto constitute the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written agreement, shall be enforceable.  This Agreement is limited to the facts set forth herein and does not purport to remedy any other potential violations of the ADA or any other federal law.
55. Binding. This Agreement is final and binding on the parties, including all principals, agents, executors, administrators, representatives, successors in interest, beneficiaries, assigns, heirs, and legal representatives thereof.  Each party has a duty to so inform any such successor in interest.
56. Signatories. The signatories represent that they have the authority to bind the respective parties identified below to the terms of this Agreement.
57. Non-Waiver. Failure by any party to seek enforcement of this Agreement pursuant to its terms with respect to any instance or provision shall not be construed as a waiver to such enforcement with regard to other instances or provisions.
58. Effective Date.  The Effective Date of this Agreement is the date of the last signature below.
59. Execution. This Agreement may be executed in counterparts, each of which constitutes an original and all of which constitute one and the same Agreement. Electronically transmitted signatures shall constitute acceptable, binding signatures for purposes of this Agreement.