Deafness and Hearing Loss

Karen Aguilar, Executive DirectorMidwest Center on Law and the Deaf

Outline• Deafness/Hearing loss• ADA • Accommodations – Interpreters, ALDs and CART• Relay• Tips• Resources

Deafness/Hearing Loss• Causes of deafness/hearing loss• Syndromes (Ushers, CHARGE, Connexin 26)• Late onset

Home Environment• Hearing parents• Primary language of the house• Communication options• Pre-lingually deaf• Language base?

Education• Residential• Mainstream – hearing class/deaf class• Change in placement/personal technology

Personal Technology• Hearing Aids• Cochlear Implants (bypasses damaged part of the

ear and directs sound to auditory nerve)

*Does not mean that the person can now “hear”

Language Base• Language base vs. Ability to Talk• American Sign Language – French• 2010 United States Census, the population of the

State of Illinois is 12,830,632 people and individuals with hearing loss: 1,103,434 (8.6% of the population)

• Semi-Lingually Deaf and functionally illiterate – 30% (reading at 2.8 grade level)

Writing Samples• Be honest with you,  I really like this report

because it remind me of my current job that we doing this kind of the report and it is easier to read and easy to oversea each categories. 

• Please review it.  We are not includes their spouse or family…If you think that it should be includes, please let me know.  Then it will be finalize...

More Writing Samples• i never call her mortgage.  i want cancel.          maybe she keep work ppaper..   i think you have any lawyer investigattion paper?. cancel finish  sure? i pay fee lawyer with interprter           best idea safe ?

And More Writing Samples

• i wait for processing ada. 1 month too long. he know ada.

i think any person work job. maybe deny. bored afford sericve interpreter. what doing complaine waste time wait 2 months . any guestion ada accpt order ? I hear soon. i will be happy.

Issues Deaf People Face

• No language base or solid education• Not being understood (if voice for themselves)• Misunderstood by families (especially if “Deaf”)• Lack of knowledge of their rights (and habit of

giving in)• Legal profession’s suspicion of person’s deafness

(attorneys don’t believe that a deaf person knows more about the law than they do)

• Lack of understanding of the legal system

ADA• Title II and III• Physical access and Communication access• Accommodation • Sign language interpreters, ALDs and CART

Federal Courts• 1995 Judicial Conference of the Administrative

Office of the United States Courts adopted a policy that all federal courts will provide accommodations

• Language mirrors ADA• Does not include spectators – but court could

decide to include spectator is chooses to do so

Qualified Interpreter• Receptively and expressively skilled• Unbiased• Effective and accurate

* Do not ask the deaf client to bring a family member to interpret

CDI: Certified Deaf Interpreter

• Minimal Language• Accent• International• Gestures/Home signs

Licensed InterpreterThe Interpreter for the Deaf Licensure Act of 2007 was effective on September 12, 2007. The law requires interpreters for the deaf and hard of hearing to have a license to provide interpreting services - effective January 1, 2009.

ALDs• Assistive Listening Devices (www.alda.org)• Infrared - http://www.harriscomm.com/lt-ls80-sir-

gy.html• FM -

http://www.comfortaudio.com/int/Product.asp?PageNumber=34&Product_Id=22

CARTCommunication Access Realtime Translation• http://efficiencyreporting.com• http://www.captionfirst.com• http://www.acscaptions.com

Relay – TTY and Video• Established by Title IV of the ADA• How will a deaf person contact you?• Talk directly to the person who is deaf

Tips• Believe a deaf/hard of hearing person when they

ask for an accommodation• Put adequate funds in your budget for

“accommodations”• Scripting – for front office staff• Don’t talk to a family member, he/she is not your

client• Confirm an appointment with a deaf client if you

also have an interpreter scheduled• Don’t automatically refer a deaf client to MCLD (I

might have referred him/her to you!)

More Tips• If a deaf person shows up at your office, find

someone to take a minute to talk with him/her• If you don’t have time for a relay call, find

someone who does• Better yet, designate a person for relay calls &

interpreter requests• This makes the deaf person feel more

comfortable• The result is an “expert” in your office• This makes my job easier/collaboration smoother

MCLD• Attorney referral, no attorneys on staff• Information about state and federal laws• Simple advocacy• Provide complaint information• Explain legal terms• Educational workshops• Explain deafness to attorneys/legal

professionals

www.mcld.org• “Your Day in Court” video• Legal terms in ASL

Resources• IDHHC –

http://www2.illinois.gov/idhhc/Pages/interpreterlicensuredirectory.aspx (interpreter directory)

• http://nad.org/issues/justice/courts/communication-access-state-and-local-courts (ADA summary sheets)

• http://www.graciasvrs.com/video-relay-services.html (Spanish video relay)

Interpreter Agencies• CAIRS: http://cairs.net/ - 312.895.4300•  CHS: http://chicagohearingsociety.org/ -

773.248.9121•  Purple:

http://purple.us/Pages/CommunityInterpreting.php - 877.885.3172

•  DCI: http://www.deafcomm.net/ - 773.857.7709

Articles• The Bill of Rights, Due Process and the Deaf Suspect/DefendantJean F. Andrews, Ph.D., McCay Vernon, Ph.D. & Michele LaVigne, J.D.

http://dept.lamar.edu/cofac/deptdeaf/jandrews/43._Bill_of_Rights.pdf

• Breakdown in the Language Zone: The Prevalence of Language Impairments Among Juvenile and Adult Offenders and Why It Matters, Michele LaVigne, J.D.

http://law.wisc.edu/profiles/extrafiles.php?iEmployeeID=161

• An Interpreter Isn’t Enough: Deafness, Language and Due Process, Michele LaVigne, J.D.

http://law.wisc.edu/profiles/extrafiles.php?iEmployeeID=161

Contact InformationPO Box 804297Chicago, IL 60680-4104800.894.3653 (voice)312.873.3813 (fax)KGAguilar@mcld.org (e-mail)www.mcld.org (web)VP by appointment only