I-CAN! Accessibility Project Virginia Commonwealth University School of Social Work and Partnership for People with Disabilities Materials within this.

I-CAN! Accessibility ProjectVirginia Commonwealth University

School of Social Work and

Partnership for People with Disabilities

Materials within this PPT may be used with proper citation

To provide information of how to assist people with disabilities affected by sexual and/or domestic violence

1. Become familiar with the how DV/SV may

affect people with disabilities

2. Identify obstacles that could hinder a person’s ability to fully participate within the court system

3. Become familiar with the types of accessibility accommodations

4. Identify safety planning needs for people with disabilities affected by violence

Invisible

Hearing Impairment

Mental Health

Learning Disabilities

Traumatic Brain Injury

Intellectual Disabilities

Autism Spectrum Disorder

Visible Mobility

Blindness

Cerebral Palsy

Mobility Control

Abuse is likely to continue for a longer period of time for women with disabilities compared to women

without disabilities (Young, M.E., Nosek, M.A., Howland, C., Chanpong, G., & Rintala, D.H. 1997)

Sexual assault is four times more common among women with disabilities than those without. (Martin, S. L. et al, 2006)

People who experience violence are also at risk of experiencing disabling conditions, including

traumatic brain injury and neurological impairment (Banks, M.E. & Ackerman, R.J. 2002; Wilber , L. et al 2001))

One study found that women with disabilities had a 40% greater chance of experiencing violence

compared to women without disabilities (Brownridge, D.A. 2006)

About 8% of people within Virginia receiving advocacy services identified as having a disability

About 11% of the people identified with a disability acquired the disability as a result of domestic or sexual violence

88%-98% of perpetrators are men and are known by the victim/survivor

33% acquaintances

33% family member or foster family members

25% caregivers, service providers (Sobsey, 1998)

More frequently

For longer periods of time

Less likely to escape the abuse

Less likely to access the criminal justice system

More likely to remain in situations that increase their vulnerability and risk of repeated abuse

“Medication manipulation

Refusal to provide assistance with essential activities of daily living

Denial of access to telephones and other communication devices

Destruction of adaptive equipment”

(Powers et al., 2002; Hughes et al., 2011, pg.302).

Social isolation

Caregiver reliance – eliminating a sense of personal body space

Learned compliance

Segregated living environments and other “closed systems”

Often aren’t believed

Limited communication Use of unqualified interpreters by service

providers Lack of communication ability

Limited knowledge of what is assault and what is illegal or not illegal

Disability, Violence and SurvivalA Personal Story

Safe Place

PO Box 19454

Austin, TX 78760

www.austin-SafePlace.org

512-267-SAFE (Voice)

512-927-9616 (TTY)

The Americans With Disabilities Act (ADA) (42 USC § 12101 et seq) requires:

1. All state and local governmental entities, including courts, to accommodate the needs

of individuals with disabilities who have an interest in court activities, programs, and services.

2. The courts to modify programs to integrate persons with disabilities, eliminate

discriminatory practices or procedures, and provide alternatives to communications limitations and differences. (CA Bench Handbook, 18).

The court, not the individual with a disability, is responsible for providing accommodations.

“[A] public entity shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity conducted by a public entity.” 28 CFR §36.160(b)(1).

Accommodations must address

diverse disabilities,

which can vary in nature and degree

from person to person.

Advocate for: the appropriate type of communication

accommodation

a clear explanation of information and forms provided by the court

the ability to move throughout the court without barriers and limitations

1. Overwhelming experience • Emotionally• Physically

2. Inability to complete required forms • Learning disability • Sight disability• Mobility disability

3. Fear that Court Personnel will not be knowledgeable of disability limitations

• A person with Traumatic Brain Injury may not be able to remember details therefore gives appearance of changing his/her story and/or being untruthful

• Flat affect may be a result of PTSD, depression or Traumatic Brain Injury and may not have expected emotion to match the incident(s) being discussed.

4. Concern of accommodation limitations that may impact the court experience

• Lack of appropriate parking• Lack of appropriate space needed to move

wheelchair through hallways, rooms, doorways• Building does not provide enough lighting• Communication limitations

Are there physical barriers making it difficult to enter the Court Building?

Where are the accessible parking spaces for people with disabilities?

Are the accessible parking spaces wide enough to accommodate a van with a wheel chair ramp?

Is a person utilizing a wheel chair able to get through all doorways into the various rooms throughout the court building?

How much walking and standing will each person be required to do to participate in the court proceeding?

It is okay to ask a person with a visual impairment if he/she would prefer guidance as he/she walks throughout the court?

Look directly at the person intended to receive your information when speaking

• Communication should be directed at the person utilizing the sign language interpretation not the interpreter

• Communication should never be made while back or side is toward person intended to receive the communication

Always Identify who you are before speaking

• A person with a cognitive disability may have difficulty remembering details

• A person with a visual impairment will rely upon this verbal identification throughout the entire court process as a means to identify who is providing assistance

All people within a certain disability population do not use the same communication accommodations

• Not all people who use sign language interpretation use the same form of sign language

• Not all people who are deaf or hearing impaired can read or effectively write as a form of communication

All people within a certain disability population do not use the same accommodations

• Always ask the person what type of accommodation best meets his/her need

• Not all people who are blind utilize Braille

Sign language interpreters are available through the court

The procedures to obtain sign language interpretation may vary depending on the court

Check with the court on the need to establish a procedure for the availability of sign language interpreters; especially for the “non-planned” process of filing for protective orders

1. Providing specific services such as: assistive listening systems, sign language interpreters, oral interpreters, real-time captioning, written material on computer-readable disk, telecommunications devices for the deaf (TDD), videophone, or reader services for a deaf or hard-of-hearing person.

2. Providing Braille materials or the assistance of a sighted person to describe objects or diagrams for a blind person.

3. Providing for a person who is sensitive to chemicals or scents, lighting, air conditioning, or other environmental elements in the court building or in specific rooms.

4. Permitting the accompaniment of a trusted advisor, companion or other assistive personnel for a person with an emotional or other disorder.

5. Transportation to and from the shelter and court

Barriers of the victim’s disability should always be considered

Safety plans should include disability resources

Resources and educational materials should always be provided within the users primary language such as: braille, sign language, information matched to meet any intellectual disabilities

Safety planning should incorporate any type of new technology and accommodations that may improve safety

How does the victim’s disability effect him/her in an emergency?

Does the consumer have a safe place to go in an emergency, day or night?

Are there service providers or other support services connected to the abuser in any way?

Identify a manner in which the victim may be able to call 911 either from home or a shelter

Plan for ability to access needed medications in the event the victim needs to leave his/her home

Develop a plan to gather important documents (birth certificate, guardianship papers, insurance , etc.)

Identify safe places the victim may go, day or night, in the event of an emergency. Consider the victim’s disability when identifying a shelter and/or safe place means of transportation.

Identify any medical or accommodation equipment that victim will need when leaving. This equipment may include service animals.

Identify the community needs in assisting people with disabilities

Establishing working relationships between service providers throughout the community

Cross training and educational opportunities

Local Police Department Local Sexual and Domestic Violence Shelter Local Victim Witness Program Disability Service Agencies;

Local Center for Independent Living Local branch of Arc Virginia Department for the Deaf and the Hard

of Hearing Virginia Department for the Blind and Visually

Impaired