Effective Communication. A. For people with disabilities affecting communication, the County shall assess each person’s Effective Communication needs, and shall provide Effective Communication based on individual need. B. The County shall assess all people detained at the Jail for any period of time to determine if they have a disability that affects communication. A disability affects communication if it affects hearing, seeing, speaking, reading, writing, or understanding. Persons who have disabilities affecting communication include, but are not limited to, people who are blind or have low vision, who are deaf or hard of hearing, who have a speech, learning, Intellectual/Developmental Disability, who have traumatic brain injury, or who have a mental illness. C. In determining what accommodations are necessary to achieve Effective Communication, including what auxiliary aids and services may be necessary, the County shall give primary consideration to the preference of the person with Effective Communication needs. D. Effective auxiliary aids and services shall be provided when simple written or oral communication is not effective. Such aids may include, but are not limited to, bilingual aides, qualified sign language interpreters, certified deaf interpreters, oral interpreters, readers, sound amplification devices, captioned television/video text displays, speech-to-text and real-time captioning, videophones and other telecommunication devices for deaf persons (TDDs), video relay services, video remote interpreting services, audiotaped texts, Braille materials, large print materials, screen readers, writing materials, written notes, and signage. E. The County shall ensure that staff provide Effective Communication such that persons with communication-related disabilities can participate as equally as possible in Jail programs, services, and activities for which they are qualified. F. The requirements in subsection (G) shall apply for Effective Communication in the following situations: 1. Due Process Events a. Classification processes; b. Jail disciplinary hearing and related processes; c. Service of notice (to appear and/or for new charges); d. Release processes; 2. Clinical Encounters a. Obtaining medical history or description of ailment or injury; b. Communicating diagnosis or prognosis; c. Providing medical care (note: medical care does not include medication distribution); d. Performing medical evaluations; e. Providing mental health care; f. Performing mental health evaluation; g. Providing group and individual therapy, counseling and other therapeutic activities; h. Providing patient’s rights advocacy/assistance; i. Obtaining informed consent or refusal for provision of treatment; j. Explaining information about: medications, medical or mental health procedures, treatment, or treatment options; k. Explaining discharge instructions; l. Providing clinical assistance during a medical/mental health round (note: this requirement does not apply to performing routine medical/mental health safety checks). G. In the situations described in subsection (F), above, Jail staff shall: 1. Prior to the encounter, access the ADA Tracking System or Electronic Health Record system (as applicable) and identify if the person requires reasonable accommodation(s) for Effective Communication; 2. Provide reasonable accommodation(s) to achieve Effective Communication; and 3. Document the method used to achieve Effective Communication and how the staff person determined that the person understood the encounter, process, and/or proceeding. H. Lip reading generally should not be used by staff as a means of Effective Communication. If an incarcerated person’s preferred/primary method of communication is lip reading, then staff shall accommodate by speaking slowly and loudly. I. The County shall establish a process for logging all instances where sign language interpreters are provided to persons in custody. The County shall also log all instances where a sign language interpreter was needed but was not provided.
Appears in 1 contract
Sources: Settlement Agreement
Effective Communication. (Section V)
A. For people with disabilities affecting communication, the County shall assess each person’s 's Effective Communication needs, need and shall provide Effective Communication based on individual need.
B. The County shall assess all people detained at the Jail for any period of time to determine if they have a disability that affects communication. A disability affects communication if it affects hearing, seeing, speaking, reading, writing, or understanding. Persons who have disabilities affecting communication include, but are not limited to, people who are blind or have low vision, who are deaf or hard of hearing, who have a speech, learning, Intellectual/Developmental Disability, who have a traumatic brain injury, or who have a mental illness.
C. In determining what accommodations are necessary to achieve Effective Communication, including what auxiliary aids and services may be necessary, the County shall give primary consideration to the preference of the person with Effective Communication needs.
D. Effective auxiliary aids and services shall be provided when simple written or oral communication is not effective. Such aids may include, but are not limited to, bilingual aides, qualified sign language interpreters, certified deaf interpreters, oral interpreters, readers, sound amplification devices, captioned television/video text displays, speech-to-text to- text, and real-time captioning, videophones videophones, and other telecommunication devices for deaf persons (TDDs), video relay services, video remote interpreting services, audiotaped texts, Braille materials, large print materials, screen readers, writing materials, written notes, and signage.
E. The County shall ensure that staff provide Effective Communication such that persons with communication-related disabilities can participate as equally as possible in Jail programs, services, and activities for which they are qualified.
F. The requirements in subsection (G) shall apply for Effective Communication in the following situations:
1. Due Process Events
a. Classification processes;
b. Jail disciplinary hearing and related processes;
c. Service of notice (to appear and/or for new charges);
d. Release processes;
2. Clinical Encounters
a. Obtaining medical history or description of ailment or injury;
b. Communicating diagnosis or prognosis;
c. Providing medical care (note: medical care does not include medication distribution);
d. Performing medical evaluations;
e. Providing mental health care;
f. Performing mental health evaluation;
g. Providing group and individual therapy, counseling and other therapeutic activities;
h. Providing patient’s rights advocacy/assistance;
i. Obtaining informed consent or refusal for provision of treatment;
j. Explaining information about: medications, medical or mental health procedures, treatment, or treatment options;
k. Explaining discharge instructions;
l. Providing clinical assistance during a medical/mental health round (note: this requirement does not apply to performing routine medical/mental health safety checks).
G. In the situations described in subsection (F), above, Jail staff shall:
1. Prior to the encounter, access the ADA Tracking System or Electronic Health Record system (as applicable) and identify if the person requires reasonable accommodation(s) for Effective Communication;
2. Provide reasonable accommodation(s) to achieve Effective Communication; and
3. Document the method used to achieve Effective Communication and how the staff person determined that the person understood the encounter, process, and/or proceeding.
H. Lip reading generally should not be used by staff as a means of Effective Communication. If an incarcerated person’s preferred/primary method of communication is lip reading, then staff shall accommodate by speaking slowly and loudly.
I. The County shall establish a process for logging all instances where sign language interpreters are provided to persons in custody. The County shall also log all instances where a sign language interpreter was needed but was not provided.
Appears in 1 contract
Sources: Agreement Between Orange County and Disability Rights California
Effective Communication. (Section V)
A. For people with disabilities affecting communication, the County shall assess each person’s 's Effective Communication needs, need and shall provide Effective Communication based on individual need.
B. The County shall assess all people detained at the Jail for any period of time to determine if they have a disability that affects communication. A disability affects communication if it affects hearing, seeing, speaking, reading, writing, or understanding. Persons who have disabilities affecting communication include, but are not limited to, people who are blind or have low vision, who are deaf or hard of hearing, who have a speech, learning, Intellectual/Developmental Disability, who have a traumatic brain injury, or who have a mental illness.
C. In determining what accommodations are necessary to achieve Effective Communication, including what auxiliary aids and services may be necessary, the County shall give primary consideration to the preference of the person with Effective Communication needs.
D. Effective auxiliary aids and services shall be provided when simple written or oral communication is not effective. Such aids may include, but are not limited to, bilingual aides, qualified sign language interpreters, certified deaf interpreters, oral interpreters, readers, sound amplification devices, captioned television/video text displays, speech-speech- to-text text, and real-time captioning, videophones videophones, and other telecommunication devices for deaf persons (TDDs), video relay services, video remote interpreting services, audiotaped texts, Braille materials, large print materials, screen readers, writing materials, written notes, and signage.
E. The County shall ensure that staff provide Effective Communication such that persons with communication-related disabilities can participate as equally as possible in Jail programs, services, and activities for which they are qualified.
F. The requirements in subsection (G) shall apply for Effective Communication in the following situations:
1. Due Process Events
a. Classification processes;
b. Jail disciplinary hearing and related processes;
c. Service of notice (to appear and/or for new charges);
d. Release processes;
2. Clinical Encounters
a. Obtaining medical history or description of ailment or injury;
b. Communicating diagnosis or prognosis;
c. Providing medical care (note: medical care does not include medication distribution);
d. Performing medical evaluations;
e. Providing mental health care;
f. Performing mental health evaluation;
g. Providing group and individual therapy, counseling and other therapeutic activities;
h. Providing patient’s rights advocacy/assistance;
i. Obtaining informed consent or refusal for provision of treatment;
j. Explaining information about: medications, medical or mental health procedures, treatment, or treatment options;
k. Explaining discharge instructions;
l. Providing clinical assistance during a medical/mental health round (note: this requirement does not apply to performing routine medical/mental health safety checks).
G. In the situations described in subsection (F), above, Jail staff shall:
1. Prior to the encounter, access the ADA Tracking System or Electronic Health Record system (as applicable) and identify if the person requires reasonable accommodation(s) for Effective Communication;
2. Provide reasonable accommodation(s) to achieve Effective Communication; and
3. Document the method used to achieve Effective Communication and how the staff person determined that the person understood the encounter, process, and/or proceeding.
H. Lip reading generally should not be used by staff as a means of Effective Communication. If an incarcerated person’s preferred/primary method of communication is lip reading, then staff shall accommodate by speaking slowly and loudly.
I. The County shall establish a process for logging all instances where sign language interpreters are provided to persons in custody. The County shall also log all instances where a sign language interpreter was needed but was not provided.
Appears in 1 contract
Sources: Expert Monitor’s Report