The Americans with Disabilities Act (ADA) is a law that prohibits discrimination against people with disabilities, including deaf and hard of hearing people. In general, the ADA expects attorneys, courts, and government agencies to eliminate anything that discriminates against a deaf or hard of hearing person. The ADA requires communication that is effective and aids that are appropriate to ensure effective communication. When court personnel become aware that a person is deaf or hard of hearing, the court must give the person their choice of auxiliary aids and services.
There are several statutes dealing with deaf and hard of hearing communication in the legal setting found in sections 476.750 through 476.766 RSMo. A deaf or hard of hearing person who is a party, juror or witness at any stage of any judicial or quasi-judicial proceeding in this state or its political subdivisions is entitled to auxiliary aids and services, section 476.753 RSMo lists the proceedings. Section 476.760 RSMo. legislates communications between a deaf person or hard of hearing person and his attorney through the use of auxiliary aids and services are privileged. The service provider cannot be compelled to testify as to the information retained. In any action or proceeding in which auxiliary aids and a service provider is required to be appointed, the court or administrative authority may not commence proceedings until the appointed auxiliary aids and services provider are in full view or spatially situated to assure proper communication with the deaf person or hard of hearing person involved as participants.
At no time shall any deaf person or hard of hearing person involved in a proceeding or action as provided for in sections 476.750 to 476.766 assume any portion of the cost for an interpreter or auxiliary aids and services nor shall the court, board, commission, department, agency or legislative body assess the cost for an interpreter or auxiliary aids and services to the cost of such proceedings. The only method of waiving the right to auxiliary aids and services by a deaf or hard of hearing person is for the person to sign a written waiver. No waiver of the right to auxiliary aids and services for a deaf or hard of hearing person shall be valid unless that person knowingly and voluntarily signs a written waiver. Such a waiver is subject to the approval of counsel to the deaf person or hard of hearing person. If no counsel is used, then it is subject to the approval of the designated responsible authority. In no event is the failure of the deaf or hard of hearing person to request services deemed a waiver of that right.
Alternative Communication and Auxiliary Aids
It is important to remember that each individual and situation is unique. An alternative communication device in one situation may not meet the needs of another person in the same situation. There are many kinds of alternative communication devices so be specific in getting the information from a deaf or hard of hearing person. Do not assume, for example, in real–time reporting that 12-point font rather than 24 is adequate to meet the individuals needs.
Relay Missouri Service provides full telephone accessibility to people who are deaf, hard of hearing or speech disabled. Specially trained Communication Assistants (CAs) complete all calls and stay on-line to relay messages either electronically over a Text Telephone (TT)/Teletypewriter, or verbally to hearing parties. The service, known as Relay Missouri is available 24 hours a day 365 days a year, with no restrictions on the length or number of calls placed. All calls using a relay operator are confidential. CAs follow a strict code of ethics which includes impartial demeanor, non-participating role, and no personal gain from information relayed. Voice Users initiate a call with Relay Missouri Service, by dialing (866) 735-2460 or 711 (if your phone system doesn't have a switching system). Deaf or hard of hearing persons who use a TTY initiate a call with the Relay Missouri Service by dialing (800) 735-2966. If you receive a relay call from a deaf or hard of hearing person, be aware that the communication assistant is simply there to interpret. Don’t say things such as “tell her” … as the deaf person is the one you are talking to and needs to be spoke to directly. You should be prepared for the phone call to take longer than a normal phone call.
Assistive listening devices are mostly used by hard of hearing individuals with mild to severe hearing losses. The ALD will increase the sound of speech while reducing the background noise. Assistive listening devices can be used with or without hearing aids. The Office of State Courts Administrator purchased 40 ALD systems and assigned all but one to various counties.
Real-time captioning enables communication for individuals with hearing loss who are fluent in written English. In general, real-time captioning is used by individuals who are late-deafened, oral deaf or hard of hearing. A very fast typist, many of whom have certification in real-time captioning uses a special keyboard to record an event word for word. Messages are sent from the special keyboard to a screen that the person with the hearing loss reads.
Signaling devices are available to alert people with hearing loss to smoke alarms, telephones, doorbells, etc. These devices may flash or vibrate to get the persons attention.
For more information regarding services or programs for the deaf and hard of hearing contact Tara Smith with the state courts administrator's office at tara.smith@courts.mo.gov.
Missouri Commission for the Deaf and Hard of Hearing
3216 Emerald Lane, Suite B
Jefferson City, MO 65109
(573) 526-5205 or (800) 796-6499 TTY/Voice
(573) 415-0086 Videophone
(573) 526-5209 FAX
Missouri Assistive Technology
1501 NW Jefferson Street
Blue Springs, MO 64015
Voice: (816) 655-6700 or 1-800-647-8557
TTY: (816) 655-6711 or 1-800-647-8558
Fax: (816) 655-6710
moat1501@att.net
http://at.mo.gov/