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​ -2I 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