Fact Sheet for Providers of Juvenile Detention and Rehabilitative Services | Department of Justice Press Releases
1. This matter was initiated by a complaint filed with the United States Department of Justice (DOJ) against the Maryland Department of Juvenile Justice, now called the Department of Juvenile Services (MDJS), under title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12131 et seq., and section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794. The complainant, who is deaf, alleges that he was excluded from participation in and denied the benefits of services, programs, and activities of MDJS while he was detained in two MDJS facilities. Pursuant to this complaint, DOJ conducted an investigation of MDJS's compliance with title II and section 504.
2. The Maryland Department of Juvenile Services (MDJS) is an agency of the State of Maryland providing social and rehabilitative programs and services to juveniles in a variety of residential and community settings. Among the facilities operated by MDJS or its vendors are the Cheltenham Youth Facility in Cheltenham, Maryland, and the Victor Cullen Center in Sabillasville, Maryland. Subsequent to the filing of the complaint the Victor Cullen Center was closed. It remains closed as of the effective date of this Agreement. MDJS is a public entity within the meaning of section 201 of the ADA, 42 U.S.C. 12115, and thus is subject to the requirements of title II of the ADA, 42 U.S.C. 12131 et seq. Additionally, MDJS receives federal financial assistance, and thus is subject to the requirements of section 504 of the Rehabilitation Act, 42 U.S.C. 794.
3. The complainant has met the essential eligibility requirements for the receipt of services and participation in programs and activities provided by MDJS. He is a qualified person with a disability within the meaning of section 201 of the ADA, 42 U.S.C. 12115, and section 504 of the Rehabilitation Act, 42 U.S.C. 794.
4. The United States Department of Justice (DOJ) is the federal agency responsible for administering and enforcing title II of the ADA with respect to all state programs and services relating to law enforcement, public safety, and the administration of justice, including correctional institutions, see 28 C.F.R.
35.190(d), and section 504 of the Rehabilitation Act with respect to recipients of federal financial assistance from DOJ, see 28 C.F.R. 42.502.
5. The complainant resided at the Cheltenham Youth Facility, a detention center owned and operated by MDJS, ***********************, and from ***********************. The complainant resided at the Victor Cullen Center, a facility owned by MDJS and operated by its vendors, Youth Services International, Inc., and Youth Services International of Maryland, Inc., and their parent company, Correctional Services Corporation, **********************************************.
6. The complainant alleges that he was required to participate in a number of educational, rehabilitative, and recreational programs at the Cheltenham Youth Facility and the Victor Cullen Center without the benefit of appropriate auxiliary aids and services, including sign language interpretation, which greatly reduced or eliminated his benefit from the programs. He also alleges that, during much of the time that he was detained at the Cheltenham Youth Facility, he was required to live in the facility's infirmary, segregated from other residents, because of his disability. The complainant alleges that MDJS violated title II and section 504 when it failed to ensure that the complainant received appropriate auxiliary aids and services where necessary to ensure effective communication during his detention at the Cheltenham Youth Facility and Victor Cullen Center. MDJS disputes these allegations.
7. DOJ investigated the complaint pursuant to 28 C.F.R. 35.172(a), and MDJS's compliance with title II and section 504 pursuant to 42 U.S.C. 12132; 28 C.F.R. 42.106-42.110, 42.530. DOJ believes that information obtained through its investigation to date supports the allegations set forth in the complaint. DOJ also believes that MDJS does not have a policy in place to ensure that juveniles who are deaf or hard of hearing receive appropriate auxiliary aids and services where necessary for effective communication in MDJS's programs and services, constituting discrimination in violation of title II and section 504.
8. MDJS denies that it violated the complainant's rights under title II and section 504, claims that the complaint was filed in an untimely manner under 28 C.F.R. 35.170(b), and states that it is committed to full compliance with title II of the ADA and section 504 of the Rehabilitation Act. To demonstrate that commitment, MDJS agrees to take the steps outlined in this Settlement Agreement to ensure that individuals with disabilities have an opportunity for full and equal enjoyment of MDJS programs, services, and activities equal to that of non-disabled individuals. In light of this agreement, the parties have determined that Department of Justice Matter Number 204-35-220 can be resolved without further federal enforcement action or litigation, and have prepared and agreed to the terms of this Settlement Agreement.
AGREEMENT
9. Definitions
The parties agree and stipulate that certain terms shall be defined for purposes of this Settlement Agreement:
9.1 "ADA" shall mean and refer to the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq.
9.2 "Section 504" shall mean and refer to section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794.
9.3 "Disability" shall be defined as it is in the ADA, 42 U.S.C. 12102(2).
9.4 "MDJS" shall hereinafter mean and refer to the Maryland Department of Juvenile Services, a principal department of the Executive Branch of the Maryland State government.
9.5 "DOJ" shall hereinafter mean and refer to the United States Department of Justice.
9.6 "MDJS program" or "MDJS service" shall mean and refer to all programs and services provided by MDJS, or by a vendor contracting with MDJS, to juveniles detained in an MDJS facility or committed to the custody of MDJS.
9.7 "MDJS facility" or "MDJS facilities" shall mean and refer to any and all facilities that are owned or operated by MDJS.
9.8 "MDJS staff" shall mean: all employees and independent contractors who work at an MDJS facility, including, without limitation, nurses, physicians, social workers, therapists, admitting personnel, security staff, probation officers and any other administrative personnel, who have or are likely to have direct contact with juveniles receiving MDJS services.
9.9 "Group living" shall mean and refer to times of scheduled peer interaction and shall exclude those activities generally conducted on an individual basis or where communication between juveniles is not permitted, such as reflection, quiet time, personal hygiene, and room cleaning.
9.10 "Aftercare" shall mean and refer to services provided by MDJS pursuant to an aftercare plan.
9.11 "Auxiliary aids and services" shall mean: qualified interpreters, notetakers, transcription services, written materials, telephone handset amplifiers, assistive listening devices, telephones compatible with hearing aids, closed caption decoders, open and closed captioning, telecommunications devices for deaf persons (TDDs), videotext displays, or other effective methods of making aurally delivered materials available to individuals with hearing impairments. 28 C.F.R. 35.104; 28 C.F.R. 39.103.
9.12 "Qualified interpreter" shall mean: an interpreter who is able to interpret effectively, accurately, and impartially, both receptively and expressively, given a juvenile's language skills, using any specialized terminology necessary for effective communication in an MDJS facility or as part of an MDJS program or service, communications between a juvenile who is deaf or hard of hearing and hearing individuals. For example, someone who has only a rudimentary familiarity with sign language or finger spelling is not a qualified sign language interpreter under this Settlement Agreement. Likewise, someone who is fluent in sign language but who does not possess the ability to process spoken communication into the proper signs or to observe someone else signing and change their signed or fingerspelled communication into spoken words is not a qualified sign language interpreter. 28 C.F.R. 35.104.
9.13 "Effective communications" shall mean communications with persons with disabilities that are as effective as communications with others. Effective communication is achieved by furnishing appropriate auxiliary aids and services where necessary to afford qualified individuals with disabilities an equal opportunity to participate in or benefit from the services, programs, or activities of a public entity.
9.14 "TTYs" or "TDDs" shall mean: devices that are used with a telephone to communicate with persons who are deaf or hard of hearing by typing and reading communications.
9.15 "Complainant" shall mean and refer to ***********************, date of birth ***********************, the individual who filed the complaint in Department of Justice Matter Number 204-35-220.
10. Equitable Relief
MDJS agrees not to engage in any act or practice, directly or through contractual, licensing, or other arrangements, that has the purpose or effect of unlawfully discriminating against any person with a disability in violation of title II of the ADA and section 504 of the Rehabilitation Act. Unless otherwise indicated, within forty-five (45) days after the effective date of this Settlement Agreement MDJS agrees to fully implement each of the following practices and policies.
10.1 Provision of Auxiliary Aids and Services. MDJS shall ensure that appropriate auxiliary aids and services are made available to all juveniles detained in an MDJS facility or committed to the custody of MDJS who are deaf or hard of hearing, where such aids and services are necessary to ensure effective communication with these individuals, so that they may participate in or benefit from MDJS's programs and services on an equal basis with other individuals.
10.2 Programs and Services. Appropriate auxiliary aids and services shall be made available in all programs and services offered to juveniles by MDJS facilities, including: discipline, rehabilitation, medical treatment, mental health services, addictions treatment, education, recreation, group living, vocational training, religion, mentoring, and aftercare. The particular auxiliary aids or services to be provided shall be determined in accordance with paragraphs 10.3 and 10.4, below.
10.3 Intake and Assessment. As part of the intake process, MDJS staff shall ensure that juveniles detained in an MDJS facility or committed to the custody of MDJS are assessed to determine what, if any, auxiliary aids or services are necessary for the juvenile who is deaf or hard of hearing to benefit from MDJS's programs and services on an equal basis with hearing juveniles. This assessment will occur as soon as possible after a juvenile is committed to the custody of MDJS, and no later than twenty-four (24) hours after such commitment. In addition:a. MDJS shall ensure that a Request for Auxiliary Aids and Services form, attached as Attachment A to this Settlement Agreement, is included in any initial mailing to the parents or legal guardians of juveniles committed to the custody of MDJS. Said parents or legal guardians will be asked to complete this form on behalf of and in consultation with the juveniles for whom they are responsible and will return the form to the relevant MDJS office. Juveniles and their parents or guardians are free to reject or to fail to request auxiliary aids and services, although a failure to request auxiliary aids and services on the Request for Auxiliary Aids and Services form does not relieve MDJS of its obligations under this paragraph to ensure that juveniles are assessed and to inform the juvenile of the availability of appropriate auxiliary aids and services (see paragraph 10.3(e), below). Refusal or failure by parents or legal guardians to complete or return the request form (Attachment A) shall not constitute a violation of the ADA, section 504, or this Settlement Agreement by MDJS.
b. MDJS shall request that local law enforcement agencies and all other government agencies referring juveniles to an MDJS facility for detention or committing juveniles to the custody of MDJS include a completed Request for Auxiliary Aids and Services form with the referral paperwork for each youth referred to MDJS.
c. MDJS shall ensure that a Request for Auxiliary Aids and Services form is included as part of the intake material for juveniles who are to be detained in an MDJS facility or committed to the custody of MDJS. In the event that this form was completed by the juvenile prior to intake pursuant to paragraph 10.3.a or 10.3.b above, MDJS staff will review the completed form with the individual to confirm the accuracy of the information.
d. In the event MDJS has received, pursuant to paragraph 10.3.a or 10.3.b, above, a Request for Auxiliary Aids and Services form, or other advance notice, indicating that a juvenile may be in need of a sign language or oral interpreter, MDJS shall ensure that a qualified sign language interpreter or oral interpreter, whichever is appropriate, is present during the intake and assessment process described in this paragraph.
e. If a juvenile detained in an MDJS facility who is deaf or hard of hearing has not requested appropriate auxiliary aids and services, but MDJS staff have reason to believe, either during the intake and assessment process described in this paragraph, or at any time during the juvenile's commitment, that such resident would benefit from appropriate auxiliary aids and services where necessary for effective communication, MDJS staff will specifically inform the juvenile that appropriate auxiliary aids and services are available, and discuss the nature of such auxiliary aids and services with the juvenile.
f. Information obtained through the Request for Auxiliary Aids and Services form shall be entered into MDJS's automated tracking system. The forms themselves shall also be retained for review in accordance with paragraph 12, below.
g. In determining what type of auxiliary aid and service is necessary, MDJS shall give primary consideration to the requests of the juvenile who is deaf or hard of hearing. See 28 C.F.R. 35.160(b)(2). MDJS may make redeterminations regarding the provision of appropriate auxiliary aids and services, so long as such redeterminations are consistent with this Agreement and primary consideration is always given to the juvenile's requests.10.4 Sign Language and Oral Interpreters. MDJS shall offer qualified sign language interpreters to individuals who are deaf or hard of hearing and whose primary means of communication is sign language, and qualified oral interpreters to individuals who rely primarily on lip reading, as necessary for effective communication, as provided in paragraph 10.2, above. Pursuant to this paragraph, qualified sign language interpreters or oral interpreters will be offered in the following circumstances: during the intake and assessment process described in paragraph 10.3; during a juvenile's orientation to an MDJS facility or program; during all medical and psychological evaluations and treatment; during all educational classes at MDJS facilities; during all face-to-face meetings to discuss treatment plans, progress reviews, probation, or aftercare plans; during all individual, group, and family therapy sessions; during all other group meetings including, but not limited to, educational, focus and helping groups; during exit interviews; during school or other assemblies at MDJS facilities; during group living time at MDJS facilities; and during all aftercare group meetings. MDJS may not require family members, friends, other juveniles, or any other individuals who are not qualified interpreters to interpret for deaf or hard of hearing juveniles; however, if a deaf or hard of hearing juvenile makes a specific request that is documented in the juvenile's file, MDJS may permit a family member, friend, other juvenile, or other individual who is not a qualified interpreter to interpret for the deaf or hard of hearing juvenile making the request.
10.5 Teleconferences. MDJS shall ensure that all telephone communications between MDJS staff and juveniles receiving MDJS services who are deaf or hard of hearing utilize appropriate auxiliary aids and services where necessary to ensure effective communication. Such aids and services may include telephone handset amplifiers, telephones compatible with hearing aids, telecommunications devices for deaf persons (TDDs), or relay calls. Telephone calls between MDJS staff and juveniles who are deaf or hard of hearing may not take place until the appropriate auxiliary aids and services are in place.
10.6 On-Call Interpreters. For the period of time, beginning during the intake and assessment process described in paragraph 10.3, that a juvenile who is deaf or hard of hearing and whose primary means of communication is sign language or lip reading is housed in an MDJS facility, MDJS shall ensure that at least one qualified sign language interpreter or one oral interpreter, whichever is appropriate, is retained on call during those times when a qualified interpreter is not already on the premises, within 50 miles of that MDJS facility. In the following circumstances, if no sign language or oral interpreter is on site at the relevant MDJS facility, MDJS staff will summon, as soon as possible, the on-call interpreter to the facility: when disciplinary measures have been taken such as a "time out," "lock down," or "chill out"; when force has been used; when the juvenile has been physically restrained as a means of discipline; when the juvenile has been placed in seclusion; when an MDJS resident indicates that an interpreter is necessary to communicate an urgent matter to staff; or in any other circumstance where the context in which communication is taking place, the number of people involved, and the importance of the communication at issue indicate that it is particularly important that staff have the assistance of a sign language or oral interpreter in order to be able to communicate effectively with a resident who is deaf or hard of hearing.
10.7 Movement Between Facilities.a. If an MDJS facility resident will be transferred to a non-MDJS facility, such as a court facility or medical facility for an outside medical appointment, MDJS staff at the resident's current facility shall notify the appropriate official at the subsequent location as to the resident's need for appropriate auxiliary aids and services by placing a telephone call in advance to the official.
b. If an MDJS facility resident will be transferred to another MDJS facility, MDJS shall ensure that appropriate auxiliary aids and services are made available at a receiving MDJS facility.10.8 Discharge Planning. Before a juvenile who is deaf or hard of hearing is released from MDJS's custody, MDJS will notify any school, training program, residential setting, and/or any other public or private organization where the juvenile has indicated he or she intends to spend a substantial amount of time, of the juvenile's need for appropriate auxiliary aids and services for effective communication. If the juvenile will be enrolled in public school or other state-financed educational program upon release from MDJS's jurisdiction, MDJS will seek to ensure that the public school or state-financed educational program has appropriate auxiliary aids and services in place. If MDJS believes that appropriate auxiliary aids and services will not be in place by the time the juvenile is scheduled to attend the public school or state-financed educational program, MDJS will file a complaint with the Maryland State Department of Education before the juvenile's release.
10.9 ADA Coordinator. MDJS shall ensure that an employee at each MDJS facility is appointed to serve as ADA Coordinator to deal with and address ADA and section 504 compliance matters. The ADA Coordinator shall be knowledgeable regarding the ADA and section 504 and will coordinate the provision of appropriate auxiliary aids and services to persons who are deaf or hard of hearing. The ADA Coordinator shall coordinate with outside service providers the provision of auxiliary aids and services and coordinate training sessions as set forth in paragraph 10.16, below. The ADA Coordinator shall also serve as a resource to other MDJS employees on ADA and section 504 matters. The ADA Coordinator for each MDJS facility will report directly to the facility administrator.
10.10 Request for Auxiliary Aid or Service. A juvenile who is deaf or hard of hearing may, at any time while detained in an MDJS facility or committed to the custody of MDJS, request appropriate auxiliary aids or services, or request a change in current auxiliary aids or services, by completing a Request for Auxiliary Aids and Services form (see Attachment A) and submitting the form to the ADA Coordinator of the MDJS facility providing the programs or services to the juvenile. Juveniles so identified by MDJS staff shall be instructed as to this procedure during the intake and assessment process described in paragraph 10.3, above.
10.11 Prohibition of Surcharges. All appropriate auxiliary aids and services required by this Agreement shall be provided to juveniles receiving MDJS services free of charge.
10.12 Outside Contracts. All contracts or contract amendments executed after the effective date of this Agreement between MDJS and outside service providers who operate MDJS facilities or who provide programs and services to juveniles detained in an MDJS facility or committed to the custody of MDJS shall state: "The contractor agrees to abide by all applicable federal, state, and local laws, including the Americans with Disabilities Act (ADA) and its requirement to provide appropriate auxiliary aids and services where necessary for effective communication, unless the contractor can demonstrate that compliance with the ADA would result in an undue burden on, or would fundamentally alter the nature of, the contractor's services."
10.13 Telephones.a. Each MDJS facility will provide a TTY device for use by juveniles who are deaf or hard of hearing and who require use of a TTY for effective communication. Each facility will also ensure that signs complying with the standards set forth in section 4.30.7(3) and Fig. 43(c) of the Standards for Accessible Design, 28 C.F.R. pt. 36, App. A, identify the TTY. Juveniles who are deaf or hard of hearing will be permitted access to the TTY device on the same terms as hearing juveniles are permitted access to telephones, except that, to the extent juveniles' telephone calls are subject to time limitations, these limitations will be extended for those residents using a TTY device. If a TTY device is not available in the same location as telephones used by juveniles who are not deaf or hard of hearing, juveniles who use TTY devices will be allocated additional time to walk to and from the TTY device location. MDJS shall ensure that the privacy of telephone calls by residents using TTY devices is equal to that of other juveniles' telephone calls.
b. Each MDJS facility will provide a telephone equipped with volume control mechanisms for use by juveniles who are hard of hearing and who require use of a telephone equipped with volume control for effective communication. Each facility will also ensure that signs complying with the standards set forth in section 4.30.7(2) of the Standards for Accessible Design, 28 C.F.R. pt. 36, App. A, identify the volume control telephone. If a volume control telephone is not available in the same location as telephones used by juveniles who are not deaf or hard of hearing, juveniles who use volume control telephones will be allocated additional time to walk to and from the volume control telephone location.
c. Each MDJS facility will provide a telephone that is hearing aid-compatible for use by juveniles who are hard of hearing and who require a telephone that is hearing aid-compatible for effective communication. Unless all of the telephones available for use by juveniles are hearing-aid compatible, MDJS will provide signs identifying the location of the hearing aid-compatible telephone. If a hearing aid-compatible telephone is not available in the same location as telephones used by juveniles who are not deaf or hard of hearing, juveniles who use hearing aid-compatible telephones will be allocated additional time to walk to and from the hearing aid-compatible telephone location.10.14 Visual Alarms. MDJS shall ensure that any MDJS facility providing services to a juvenile who is deaf or hard of hearing provides visual alarms complying with the standards set forth in sections 4.28 and 9.3 of the Standards for Accessible Design, 28 C.F.R. pt. 36, App. A.
10.15 Captioning and Decoders. To the extent MDJS facilities use televisions or other audio-visual aids as part of educational programs, or allow juveniles in MDJS facilities access to televisions for recreational or other purposes, MDJS shall ensure that each such MDJS facility makes closed captioning decoders available to juveniles who are deaf or hard of hearing, or will ensure that the facility uses televisions with the built-in capability to display captions. Clearly stated directions for use of the closed caption capability shall be posted adjacent to each television set. MDJS has no obligation to provide captions for any publicly broadcast or commercially available recording or program where such captions are not already integrated into the recording or program. When it purchases or leases recordings or programs for use in programs or services, however, MDJS agrees to seek captioned recordings or programs whenever possible, and to provide alternative auxiliary aids and services (for example, a qualified interpreter or script) when using non-captioned materials. MDJS shall also ensure that any recordings or programs it produces for broadcast to juveniles are captioned.
10.16 Training. MDJS shall develop an ADA/section 504 training curriculum encompassing the policies and practices described in this Settlement Agreement for all staff who provide MDJS programs and services to juveniles detained in an MDJS facility or committed to the custody of MDJS. This training will include the following objectives: to inform MDJS staff of MDJS's legal obligations under the ADA and section 504 and this Agreement to provide appropriate auxiliary aids and services where necessary to ensure effective communication with juveniles who are deaf or hard of hearing; to promptly identify communication needs and preferences of juveniles receiving MDJS programs or services who are deaf or hard of hearing; to secure qualified interpreter services as quickly as possible when necessary; and to facilitate appropriate interaction between juveniles who are deaf or hard of hearing and other juveniles, when appropriate (for example, during educational programs, group therapy sessions, and other times when interaction with other juveniles is allowed). MDJS shall begin conducting training sessions for existing employees within two months of the effective date of this Agreement and shall conclude those training sessions within six months of the effective date of this Agreement. MDJS shall ensure that all new employees who will have contact with juveniles receiving MDJS programs and services shall receive ADA/section 504 training as a component of pre-service training and orientation. Existing employees shall receive ADA/section 504 training as a component of regular in-service training. After completing one of the training curricula described above, MDJS employees shall sign a form, to be developed by MDJS, indicating that they have done so. MDJS also will incorporate the policies described in this Agreement into all training manuals and programs for employees.
10.17 Community Service. MDJS shall communicate with community service organizations that serve the deaf or hard of hearing community in order to find community service placements for juveniles receiving MDJS services who are deaf or hard of hearing who wish to complete court-ordered community service with such organizations. These juveniles shall not be restricted to performing community service with such organizations.
10.18 Publication of Policies and Procedures. MDJS will ensure that all advertisements for MDJS programs and services, intake and orientation material, handbooks for juveniles, and staff training materials include the statement that MDJS and its vendors do not discriminate against recipients of MDJS programs and services on the basis of disability. MDJS agrees to publicize the policies and procedures contained in this Settlement Agreement in all intake and orientation material, handbooks for juveniles, and staff training materials.
10.19 Appeal. A juvenile participating in an MDJS program or receiving MDJS services may appeal decisions concerning a request for auxiliary aids and services by employing applicable grievance procedures.
11. Monetary Relief
After the effective date of this Settlement Agreement and within thirty (30) days of receiving from DOJ the release form attached as Attachment B signed by the complainant, MDJS shall send, return receipt requested, a check in the amount of five thousand dollars ($5,000) to the complainant. Simultaneous to the mailing of the check, MDJS shall provide the United States with a copy of the check disbursed to the complainant.
12. Notice, Reporting, and Monitoring Requirements
12.1 Three (3), nine (9), fifteen (15), twenty-four (24), and thirty-six (36) months following the effective date of this Agreement, MDJS shall provide a written report to DOJ regarding its efforts to comply with this Agreement. Each report shall be comprised of information regarding each MDJS facility as entered into copies of the Settlement Agreement Compliance Form attached as Attachment C. Each MDJS facility shall maintain appropriate records to document the information contained in the report, including:a. the first date of the commitment to the custody of MDJS of a juvenile who is deaf or hard of hearing;
b. the names of MDJS staff who are responsible for a juvenile who is deaf or hard of hearing during the intake and assessment process described in paragraph 10.3; a juvenile's orientation to an MDJS facility, program, or service; discipline; rehabilitation; medical treatment; mental health services; addictions treatment; education; recreation; group living; meals; vocational training; religion; mentoring; and aftercare;
c. the types of auxiliary aids and services requested by juveniles who are deaf or hard of hearing, their parents or legal guardians, or MDJS staff, and the dates of all such requests;
d. all language(s) used by juveniles receiving MDJS programs or services who are deaf or hard of hearing;
e. the types of auxiliary aids and services provided to juveniles who are deaf or hard of hearing, and the dates all such aids and services were provided, including the name and agency of the qualified sign language or oral interpreter, if applicable;
f. dates and locations of movements of juveniles who are deaf or hard of hearing within MDJS facilities, or between MDJS facilities, a court facility, a medical facility, or home;
g. names of persons in attendance at any ADA training provided to MDJS staff, and the dates of such training; and
h. the release date of any juvenile who is deaf or hard of hearing from MDJS's custody.12.2 DOJ may review compliance with this Settlement Agreement at any time during the term of the Agreement. As a part of such review, DOJ may, with reasonable notice to counsel for MDJS and in a reasonable manner that protects confidentiality rights and avoids interfering with programs and services provided to juveniles, interview MDJS staff in the presence of counsel for MDJS, MDJS facility residents, other juveniles receiving MDJS services, and other persons with knowledge relating to implementation of this Agreement, or review the records kept in accordance with paragraph 12.1 above, to the extent reasonably necessary to determining whether MDJS is complying with the provisions of this Agreement. DOJ may also review MDJS intake and orientation material, handbooks for juveniles, and MDJS staff training materials for compliance with this Agreement.
12.3 If DOJ believes that MDJS is not in compliance with this Settlement Agreement, DOJ agrees to notify the Secretary of MDJS in writing of the alleged noncompliance and attempt to seek a resolution of the matter with MDJS. Such notice shall contain reasonable particulars concerning the alleged violation. If the parties are unable to reach a resolution within sixty (60) days of the date of the United States' written notification, the United States may bring an action to enforce compliance with the ADA, section 504, and implementing regulations in the United States District Court for the District of Maryland.
Failure by DOJ to seek enforcement of or relief under this Settlement Agreement, or any of its provisions, shall not be construed as a waiver of DOJ's rights or authority under the ADA or section 504.
12.4 Unless otherwise provided, all notices, reports, or other such documents required by this Settlement Agreement shall be sent to the parties at the following addresses or to such other person as the parties may designate in writing in the future:For notices to DOJ:
John L. Wodatch, Chief
Attention: Heather Wydra or Janine Scott
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue
New York Avenue Building, Room 4023
Washington, D.C. 20530
(202) 307-0663
(202) 307-1197 (facsimile)
For notices to MDJS:
Bruce P. Martin
Principal Counsel
Office of the Attorney General
Department of Juvenile Services
One Center Plaza
120 West Fayette Street
Baltimore, MD 21201
(410) 230-3135
(410) 333-3936 (facsimile)13. Miscellaneous
13.1 Entire Agreement
This Settlement Agreement, including Attachments A, B, and C, constitutes the entire agreement between the parties, and no other statement, promise, or agreement, either written or oral, made by any of the parties or agents of any of the parties, that is not contained in this written Agreement, shall be enforceable regarding the matters raised herein.
This Settlement Agreement is a complete and final disposition of all claims against MDJS by DOJ related to Department of Justice Matter Number 204-35-220, but does not affect MDJS's continuing responsibility to comply with title II of the ADA and section 504.
13.2 Public Document
This Settlement Agreement is a public document; however, because the complainant was a minor at the time of the events alleged in this Agreement, the complainant's identity is confidential and shall not be disclosed. Accordingly, a redacted copy of this document may be made available to any person upon request. MDJS shall either provide a redacted copy of this Agreement upon request or refer any person who inquires about obtaining a copy of this Agreement to DOJ, at the address and telephone number listed in paragraph 12.4 of this Agreement. DOJ will not release confidential information concerning the complainant and will ensure that any copy of this Agreement released to the public is redacted.
13.3 Term of the Agreement
This Settlement Agreement shall be in full force and effect for a period of three (3) years after the effective date of the Agreement. The effective date of this Agreement shall be the date of the last signature below.
13.4 Severability
If any term of this Settlement Agreement is determined by any court to be unenforceable, the other terms of this Agreement shall nonetheless remain in full force and effect, provided, however, that if the severance of any such provision materially alters the rights or obligations of the parties DOJ and MDJS shall engage in good faith negotiations in order to adopt mutually agreeable amendments to this Settlement Agreement as may be necessary to restore the parties as closely as possible to the initially agreed upon relative rights and obligations.
13.5 Headings
The paragraph headings in this Settlement Agreement are for convenience only and shall not be deemed to affect in any way the language of the provision to which they refer.
13.6 Signatories Bind Parties
Signatories on the behalf of the parties represent that they are authorized to bind the parties to this Settlement Agreement.
13.7 Non-Discrimination
MDJS agrees that it shall continue not to deny its aids, benefits, or services to any person on the basis of disability.
13.8 Retaliation and Coercion
MDJS agrees to continue not to retaliate against or coerce in any way any juvenile receiving MDJS aids, benefits, or services who is trying to exercise his or her rights under this Agreement, title II of the ADA, or section 504.
13.9 Other Complaints
DOJ warrants that as of the effective date of this Settlement Agreement it is not aware of any other person other than the complainant who has a complaint pending with DOJ against MDJS based upon an alleged failure to provide effective communication.
13.10 No Admission
Nothing in this Settlement Agreement shall be construed as an admission by MDJS of any liability or fault, that it has engaged in any wrongful or illegal activity, that any of the complainant's allegations are true, or that the complainant or any other person has suffered any injury as a result of the matters he has alleged. The terms and conditions of this Agreement, and any negotiations or proceedings hereunder, shall not be construed, deemed, or interpreted as an admission, presumption, concession, or evidence of liability or wrongdoing by, or a finding that, MDJS, the State of Maryland, or any of their departments, agencies, units, or present and former officials or employees have violated any provisions of the Constitutions or laws of the United States or the State of Maryland. MDJS has entered into this Agreement for the purpose of settling disputed contentions arising from this action. Neither this Agreement nor the fact of its existence nor any terms hereof shall be used as an admission against MDJS or the State in any civil, criminal, or administrative action or proceeding. It is expressly agreed that the Department of Justice may not be considered a prevailing party for the purpose of awarding attorney's fees under any State, federal, or local law, and DOJ agrees not to seek any attorney's fees or costs from MDJS.
Agreed and consented to:
FOR UNITED STATES OF AMERICA
R. ALEXANDER ACOSTA
Assistant Attorney General
By:_________________________________
JOHN L. WODATCH, Chief
L. Irene Bowen, Deputy Chief
Heather A. Wydra
Janine Scott
Trial Attorneys
Disabilty Rights Section
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Washington , DC 20530
(202)307-0663
_________3/29/04_________________
Date
FOR THE MARYLAND DEPARTMENT
OF JUVENILE SERVICES
By:_________________________________
KENNETH C. MONTAGUE, JR.
Secretary
________1/16/04__________________
Date
REQUEST FOR AUXILIARY AIDS AND SERVICES
Name _________________________________ MDJS # __________
Facility _________________________________ Date ____________
Federal law requires the Maryland Department of Juvenile Services and its vendors to furnish appropriate auxiliary aids and services where necessary to ensure effective communication with individuals with disabilities. Such auxiliary aids and services may include: qualified sign language or oral interpreters, notetakers, computer-assisted real time transcription services, written materials, telephone handset amplifiers, assistive listening devices, assistive listening systems, telephones compatible with hearing aids, closed caption decoders, open and closed captioning, videotext displays, and TTYs.
_____ I do not request auxiliary aids or services.
_____ I request auxiliary aids and services as follows:
Juvenile signature: __________________________________
Parent signature (if appropriate): _______________________
MDJS signature (if appropriate): ________________________
Auxiliary Aid Determination
The auxiliary aids and services requested have been:
_____ Approved as requested.
_____ Approved as modified below:
_____ Denied. Reasons for denial specified below:
Signature of ADA Coordinator/Other MDJS Official: __________________
Date: _____________
RELEASE OF ALL CLAIMS
For and in consideration of the acceptance of the relief offered to me by the Maryland Department of Juvenile Services (MDJS) pursuant to the Settlement Agreement between the United States of America and MDJS in United States Department of Justice Matter Number 204-35-220:
I, ****************, release and discharge MDJS and its current, former, and future agents, employees, officials, and designees, of and from all legal and equitable claims, including attorney’s fees and costs, related to my detention at the Cheltenham Youth Facility from ************************************************, and at the Victor Cullen Center in Sabillasville, Maryland, from ************************************************, and my participation in MDJS’s aftercare program.
I understand that the payment offered to me does not constitute an admission by MDJS of the validity of any claim raised by me or on my behalf.
I acknowledge that a copy of the Settlement Agreement resolving the matter between them has been made available to me, and that I have fully reviewed its terms. Based upon that review, I hereby acknowledge that I fully and completely understand and accept the terms of the Agreement.
I HAVE READ THIS RELEASE AND UNDERSTAND THE CONTENTS THEREOF AND I EXECUTE THIS RELEASE OF MY OWN FREE ACT AND DEED.
Signed this ______ day of _________________, 2004.
___________________________________
****************
Social Security Number ___________-_
Subscribed and sworn to before me this
____________ day of _____________, 2004.
________________________________
Notary Public
My Commission expires on: ________________________________
SETTLEMENT AGREEMENT COMPLIANCE FORM
Facility: ___________________________________ Date: ______________________
Reporting Period: ____________________ to _______________________
The following information is submitted pursuant to paragraph 12.1 of the Settlement Agreement between the United States and the Maryland Department of Juvenile Services (MDJS) in Department of Justice Matter Number 204-35-220. Defined terms herein have the meanings given in the Settlement Agreement.
I. Resident Tracking Form (copy for each resident who is deaf or hard of hearing)
Resident Name: ____________________________________________________
Resident #: ________________________________________________________
Date of First Custody: _______________________________________________
Languages Used: __________________________________________________
Responsible MDJS staff: 1. ____________________________________________
2. ____________________________________________
3. ____________________________________________
4. ____________________________________________
Movement To Other Facilities
Departure Date To Which Facility? Return Date
Release Date: ____________________________________________________
II. Provision of Auxiliary Aids and Services
Please complete this chart accurately, stating the date of any request for auxiliary aids and services, the name of the person making such a request, the nature of the request, the facility’s determination regarding whether to provide the requested auxiliary aid or service and the reason for the determination, and the date on which such auxiliary aid or service was provided, if applicable.
Request Date Name of Requesting Party Nature of Request Determination and Reasons Date Aid or Service Provided
III. Technology
A. Telephones and Related Equipment
Number of Items Required
Date Items Installed or Provided TTYs
Volume control telephones
Hearing aid compatible telephones
Storage and availability of telephone equipment Status: Where are Accessible Phones stored? Are all Accessible Phones in good working order? Answer for each Item.
A. Visual Alarms
Number of Items Required Date Items Installed Common-use areas
Detainee rooms
A. Captioning and Decoders
Number of Items Required Date Items Installed Closed captioning decoders
Televisions with captioning capability
Availability of Television Equipment Status: Are all Decoders and Televisions in good working order? Answer for each Item.
IV. ADA Training
Date ADA training completed Date for training remaining personnel (if incomplete) Facility-wide training
Medical providers
Therapists and social workers
Admissions staff
Security staff
Administrative staff
Persons in attendance at ADA Training Sessions: (continue list on back if necessary)
___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________
I certify that all information contained herein is truthful and accurate.
ADA COORDINATOR:
________________________________________________
DATE:
________________________________________________
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March 29, 2004