When In Contact With People Who Are Deaf or Hard of Hearing
As a law enforcement officer, you can expect to come into contact with
people who are deaf or hard of hearing.
Title II of the Americans with Disabilities Act (ADA) of 1990 prohibits
State and local governments from discriminating against an individual with
a disability. Municipal and State police and county sheriff departments
are bound by this Federal law. Your office has adopted a more detailed
policy regarding law enforcement officers’ communication with people who
are deaf of hard of hearing. You should become familiar with this policy.
What does title II require of you when interacting with persons who are
deaf or hard of hearing? Among other things, your communication with such
an individual must be as effective as your communication with hearing
people.
How do you communicate? Provide aids or services as necessary to ensure
that the deaf or hard of hearing individual understands what you are
saying and that you understand him or her. These can include:
· use of qualified sign language or oral interpreters,
· for people who are hard of hearing, speaking loudly and
clearly, and use of assistive listening devices (to amplify sound),
· use of gestures or visual aids to supplement oral
communication,
· an exchange of written notes, or
· use of a computer.
What method of communication should you use? The law requires you to
give primary consideration to the individual’s preference. Ask how the
person wishes to communicate.
For example, some people who are deaf do not use sign language and may
need to use a different aid or rely on lipreading. In one-on-one
communication with an individual who lip reads, an officer should face the
individual directly, and should ensure that the communication takes place
in a well-lighted area.
Honor the individual’s choice unless it would significantly interfere
with your law enforcement responsibilities or you are confident that other
means of communicating, that may be easier to provide, are just as
effective. Remember that deaf or hard of hearing persons must be able to
understand you as well as those who do not have hearing impairments.
DO NOT ask a family member or friend to interpret for a deaf individual
unless it is urgent to communicate immediately and that is the only
option. If the deaf person requests that arrangement and the other person
agrees, however, you can proceed.
How do you know when you are communicating clearly to an individual who is
deaf or hard of hearing? Ask the person to summarize what you are saying.
If the person uses sign language, what kinds of communication require an
interpreter? Consider the length, importance, and complexity of the
communication, as well as the context.
· In a simple encounter, such as checking a driver’s license or
giving directions, a notepad and pencil or perhaps gestures will normally
be sufficient.
· During interrogations and arrests, a sign language interpreter
will often be necessary.
· If the legality of a conversation will be questioned in court,
such as situations where Miranda warnings are issued, a sign language
interpreter may be necessary. You should be careful about
misunderstandings in the absence of a qualified interpreter. A nod of the
head may be an attempt to appear cooperative in the midst of
misunderstanding, rather than consent or a confession of wrongdoing.
· In general, if an individual who does not have a hearing
disability would be subject to police action without interrogation, then
an interpreter will not be required, unless one is necessary to explain
the action being taken.
Example: An officer clocks a car on the highway driving 15 miles above
the speed limit. The driver, who is deaf, is pulled over and issued a
noncriminal citation. The individual is able to understand the reasons
for the citation, because the officer exchanges notes and points to
information on the citation. A sign language interpreter is not needed.
Example: An officer responds to an aggravated battery call and upon
arriving at the scene observes a bleeding victim and an individual holding
a weapon. Eyewitnesses observed the individual strike the victim. The
individual with the weapon is deaf. Because the officer has probable
cause to make a felony arrest without an interrogation, an interpreter is
not necessary to carry out the arrest.
Example: An officer responds to the scene of a domestic disturbance. The
husband says the wife has been beating their children and he has been
trying to restrain her. The wife, who is deaf, requests an interpreter.
The officer begins by exchanging notes but the woman’s responses indicate
a lack of comprehension. An interpreter should be called. If the woman’s
behavior is threatening, the officer can make an arrest and call for an
interpreter to be available at the booking station.
Do you have to take a sign language interpreter to a call about a violent
crime in progress or a similar urgent situation involving a person who is
deaf? No. An officer’s immediate priority is to stabilize the situation.
If the person being arrested is deaf, the officer can make an arrest and
call for an interpreter to be available later at the booking station.