Andrea Palm, Deputy Secretary | https://www.hhs.gov/about/leadership/andrea-palm.html
The U.S. Department of Health and Human Services, Office for Civil Rights (OCR) has announced a series of actions taken by the Puerto Rico Department of the Family’s Administration for Families and Children to enhance communication for deaf parents during critical social and human services processes. The measures are in response to complaints that the department failed to provide sign language interpreters during investigations and removal of children from homes.
The commitment includes implementing corrective actions related to auxiliary aids and services provision. OCR Director Melanie Fontes Rainer met with Puerto Rico Family Secretary Cieni Rodriguez Troche in San Juan to discuss these measures, existing communication policies, and future collaboration.
"Children rely on their parents and caregivers for support and parental guidance, and the government must ensure this is true even when investigating family issues," said Rainer. "We applaud the commitment to take corrective steps by the Department of the Family to ensure that deaf or hard-of-hearing parents don’t lose their basic rights to parent their children because of a disability."
OCR's investigation addressed violations under three federal laws: Section 504 of the Rehabilitation Act, Section 1557 of the Affordable Care Act, and Title II of the Americans with Disabilities Act. These laws require government agencies to use appropriate auxiliary aids, such as sign language interpreters, to communicate effectively with individuals with disabilities.
The Department of the Family has agreed to:
- Establish a Disability Coordinator
- Identify resources for providing auxiliary aids
- Streamline processes for requesting auxiliary aids
- Document provision of auxiliary aids
- Increase awareness of disability-related complaint processes
- Request auxiliary aids for emergency visits/removals
- Acknowledge specific needs for native/regional sign language resources
- Contract with a sign language interpreting agency offering 24/7 services
- Develop training programs on deaf culture and interpreter resources
- Train all staff, including social workers
Additionally, they will develop a Nondiscrimination Notice regarding effective communication policies, continually review needed modifications and services, and ensure service providers know when auxiliary aids may be necessary.
This action follows other recent OCR efforts to strengthen nondiscrimination policies in healthcare. On April 26, 2024, OCR finalized a rule strengthening protections against discrimination based on various factors including disability. On May 1, 2024, OCR updated rules under Section 504 after nearly 50 years.
For more information on civil rights compliance in healthcare or filing complaints related to discrimination based on disability or other factors, visit https://www.hhs.gov/civil-rights/filing-a-complaint/index.html.
