T.

11/13/92
RJM:SBO:kgf
DJ# 192-06-00051
NOV 17 1992

Mr. Carl Keeling

Deaf Services Coordinator
Johnson County Deaf Services
301 A S. Clairborne
Olathe, Kansas 66062

Dear Mr. Keeling:

This is in response to your inquiry regarding the Americans

with Disabilities Act (ADA) as it applies to probation meetings
involving a hearing adolescent whose parent is deaf.

The ADA authorizes the Department to provide technical

assistance to entities that are subject to the Act. This letter
provides informal guidance to assist you in understanding how the
ADA may apply to your case. This technical assistance, however,
does not constitute a determination by the Department of Justice
of your rights or responsibilities under the ADA and does not
constitute a binding determination by the Department of Justice.

Title II of the ADA prohibits discrimination on the basis of

disability by public entities. It applies to all programs,
activities, and services provided or operated by State and local
governments, including probation meetings.

Section 35.160 of the enclosed title II regulation requires

that public entities provide auxiliary aids and services where
necessary to afford an individual with disabilities an equal
opportunity to participate in, and enjoy the benefits of, the
public entity's program or activity, or otherwise to ensure
effective communication with members of the public. This
requirement is further explained in section II-7.0000 of the
enclosed title II Technical Assistance Manual. Where parental
participation, either voluntary or mandatory, is part of the
probation program, parents who are deaf must be provided with
auxiliary aids so that they can receive the benefits of the
program, unless to do so would result in an undue burden or a
fundamental alteration in the nature of the program. These
concepts are explained in section II-7.1000 of the Manual.
:udd:mather:ltr.keeling
cc: Records, CRS, FOIA, Friedlander, Mather, Breen
01-01726​
-2-
I hope this information has been helpful to you.

Sincerely,

Stewart B. Oneglia
Chief
Coordination and Review Section
Civil Rights Division

Enclosures (2)
01-01727​

Johnson County
Kansas

August 25, 1992

U.S. Department of Justice

Stewart B. Oneglia Chief
Coordination and Review Section
Civil Rights Division
P.O. Box 66118
Washington, D.C. 20035-6118

Dear Mr. Oneglia:

I wrote you last year concerning an issue about whether doctor's offices had
to provide interpreting services for deaf people under the ADA. I am happy to
say that more and more doctor's are providing this service in our area.

I have another issue I would like clarification about. As coordinator of

deaf services for Johnson County government, I interpret probation meetings
for court services in our area. I interpret both adult and youth probation
meetings. We have a little different situation that involves a hearing
adolescent whose mother is deaf. Court services likes to keep contact with the
parents, but do not require the parent to be present at every probation
meeting. I have been interpreting every meeting as a courtesy to the mother. A
meeting was set up unexpectedly without contacting our services. When I asked
about the meeting I was told by the probation officer that they did not have
to provide an interpreter for the mother, they only had to provide an
interpreter to the youth, if the youth is deaf. I disagreed.
My question is, if a deaf parent wants to be present at a probation meeting,
and their child is hearing, should the court services be responsible for
providing an interpreter? I would appreciate your response. Thank you.

Sincerely,

Carla Keeling
Deaf Services Coordinator
Human Resources & Aging Department 301 A S. Clairborne Olathe, Kansas 66062

(913) 764-7007/V
Johnson County Deaf Services
01-01728