Deafness and
Hearing Loss
Karen Aguilar, Executive Director
Midwest Center on Law and the Deaf
Outline
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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
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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
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ADA
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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
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Minimal Language
Accent
International
Gestures/Home signs
Licensed Interpreter
The 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-sirgy.html
• FM http://www.comfortaudio.com/int/Product.asp?Pa
geNumber=34&Product_Id=22
CART
Communication 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
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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/interpreterlice
nsuredirectory.aspx (interpreter directory)
• http://nad.org/issues/justice/courts/communication
-access-state-and-local-courts (ADA summary
sheets)
• http://www.graciasvrs.com/video-relayservices.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/Defendant
Jean F. Andrews, Ph.D., McCay Vernon, Ph.D. & Michele LaVigne, J.D.
http://dept.lamar.edu/cofac/deptdeaf/jandrews/43._Bill_of_Rights.pdf
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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
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An Interpreter Isn’t Enough: Deafness, Language and Due Process,
Michele LaVigne, J.D.
http://law.wisc.edu/profiles/extrafiles.php?iEmployeeID=161
Contact Information
PO Box 804297
Chicago, IL 60680-4104
800.894.3653 (voice)
312.873.3813 (fax)
KGAguilar@mcld.org (e-mail)
www.mcld.org (web)
VP by appointment only