SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA

AND YOUTH SERVICES INTERNATIONAL, INC. AND CORRECTIONAL

SERVICES CORPORATION IN DEPARTMENT OF JUSTICE

MATTER NUMBER 202-35-140


Fact Sheet for Providers of Juvenile Detention and Rehabilitative Services | Department of Justice Press Releases


BACKGROUND

1. This matter was initiated by a complaint filed with the United States Department of Justice by ************** in September 2000 against Youth Services International, Inc. and Correctional Services Corporation (collectively, the “Respondents”) under Title III of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12181-12189. *********** alleges that the Respondents violated the ADA when they failed to provide him with appropriate auxiliary aids and services where necessary to ensure effective communication during his detention at a juvenile detention facility operated by the Respondents and during his participation in an aftercare program offered at the detention facility. ************** further alleges that said failure to provide him with appropriate auxiliary aids and services resulted in his being treated differently than other residents detained at the facility who were not disabled.

2. Respondent Youth Services International, Inc. (YSI), is a Maryland corporation with its principal place of business in Sarasota, Florida. YSI operates approximately 18 juvenile detention facilities for adjudicated, delinquent, and at-risk youth throughout the United States. YSI provides educational and social services to residents of these facilities. The United States contends that, pursuant to 42 U.S.C. § 12181(7) and 28 C.F.R. § 36.104, the juvenile detention facilities operated by YSI are places of public accommodation, and thus subject to the requirements of Title III of the ADA, 42 U.S.C. §§ 12181-12189. YSI disputes that contention.

3. Respondent Correctional Services Corporation (CSC) is a Delaware corporation with its principal place of business in Sarasota, Florida. CSC operates juvenile detention facilities for adjudicated, delinquent, and at-risk youth throughout the United States. The United States contends that, pursuant to 42 U.S.C. § 12181(7) and 28 C.F.R. § 36.104, the juvenile detention facilities operated by CSC are places of public accommodation, and thus subject to the requirements of Title III of the ADA, 42 U.S.C. §§ 12181-12189. CSC disputes that contention.

4. The United States Department of Justice ("Department" or "DOJ") is the federal agency responsible for administering and enforcing Title III of the Americans with Disabilities Act, 42 U.S.C. §§ 12181-12189.

5. ************** is deaf and therefore is an individual with a disability as defined in the ADA, 42 U.S.C. § 12102(2); 28 C.F.R. § 36.104.

6. ************** was a resident at the Victor Cullen Center in Sabillasville, Maryland, from ******************************************, while the Center was being operated by the Respondents pursuant to a contract with the Maryland Department of Juvenile Services. During this time **************, along with other residents, was required to participate in a variety of rehabilitative and recreational programs. ************** alleges that he participated in such programs without the benefit of appropriate auxiliary aids and services, including sign language interpretation, which greatly reduced or eliminated his benefit from the programs. ************** also alleges that, after his release from Victor Cullen, he was required to participate in the Center’s aftercare program without appropriate auxiliary aids and services, including sign language interpretation, which similarly reduced or eliminated his benefit from the program.

7. The Department investigated ************** complaint under its authority granted by Section 308(b) of the ADA, 42 U.S.C. § 12188(b). The Department concluded that the Respondents failed to provide ************** and other residents of the juvenile detention facilities operated by the Respondents who are deaf or hard of hearing with appropriate auxiliary aids and services where necessary for effective communication in violation of section 302 of the ADA, 42 U.S.C. §§ 12182, and its implementing regulation, 28 C.F.R. Part 36.

8. The United States further concluded that the Respondents’ general policy and practice of failing to provide residents of the juvenile detention facilities operated by the Respondents who are deaf or hard of hearing with appropriate auxiliary aids and services where necessary for effective communication constitutes a pattern or practice of discrimination within the meaning of 42 U.S.C. § 12188(b)(1)(B)(i) and 28 C.F.R. § 36.503(a).

9. The Respondents deny ************** allegations and the United States’ conclusions, as well as any claim of wrongdoing.

10. Nevertheless, in order to avoid the costs, expense, and uncertainty of litigation, the parties have agreed to the terms set forth in this Settlement Agreement to fully and finally resolve this matter. The parties agree that settlement of this matter without litigation is in the public interest and that execution of this Settlement Agreement is the most appropriate means of resolving these matters.

WHEREFORE, the parties hereby agree as follows:

11. Full and Final Settlement

This Settlement Agreement shall be a full, complete, and final disposition and settlement of United States Matter Number 202-35-140.

12. Release

In order to receive the monetary relief to be offered by the Respondents under this Settlement Agreement and specified at paragraph 15 below, ************** must execute a release form, provided at Attachment A.

13. Definitions

The parties agree that certain terms shall be defined for purposes of this Settlement Agreement:

13.1 “ADA” shall mean and refer to the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.

13.2 “Disability” shall be defined as it is in the ADA, 42 U.S.C. § 12102(2).

13.3 “Respondents” shall hereinafter mean and refer to Youth Services International, Inc., and Correctional Services Corporation.

13.4 “YSI facility” or “YSI facilities” shall mean and refer to any and all juvenile detention facilities located in the United States or its territories that are owned and/or operated by one or more of the Respondents.

13.5 “YSI staff” shall mean: all employees and independent contractors who work at a YSI facility, including, without limitation, nurses, physicians, social workers, therapists, technicians, admitting personnel, security staff, and any other administrative personnel, who have or are likely to have direct contact with residents of YSI facilities.

13.6 “Appropriate auxiliary aids and services” shall mean: qualified interpreters, notetakers, computer-assisted real time transcription services, written materials, telephone handset amplifiers, assistive listening devices, assistive listening systems, telephones compatible with hearing aids, closed caption decoders, open and closed captioning, telecommunication devices for deaf persons (TDDs), TTYs, videotext displays, or other effective methods of making aurally delivered materials available to persons who are deaf or hard of hearing. 28 C.F.R. § 35.104; 28 C.F.R. § 36.303.

13.7 “Qualified interpreter” shall mean: an interpreter who is able to interpret competently, accurately, and impartially, both receptively and expressively, using any specialized terminology necessary for effective communication in a juvenile detention facility, communications between YSI staff and a YSI resident who is deaf or hard of hearing, using the same language primarily used by the YSI resident. For example, someone who has only a rudimentary familiarity with sign language or finger spelling is not a qualified sign language interpreter under this Agreement. Likewise, someone who is fluent in sign language but who does not possess the ability to process spoken communication into the proper signs or to observe someone else signing and change their signed or fingerspelled communication into spoken words is not a qualified sign language interpreter. 28 C.F.R. § 35.104, 28 C.F.R. § 36.104.

13.8 “Effective communication” shall mean communication with persons with disabilities that are as effective as communications with others. Effective communication is achieved by furnishing appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in or benefit from a good, service, facility, privilege, advantage, or accommodation that is afforded to other individuals.

13.9 “TTYs” or “TDDs” shall mean: devices that are used with a telephone to communicate with persons who are deaf or hard of hearing by typing and reading communications.

13.10 “Resident” shall mean any juvenile residing at or otherwise receiving services from a YSI facility.

13.11 “YSI program” or “YSI service” shall mean and refer to all programs and services provided by YSI to residents.

13.12 “Maryland Department of Juvenile Services” shall mean: the State of Maryland’s agency that maintains custody over all juveniles residing in YSI facilities within the State of Maryland and that has entered into an agreement with the Respondents to house said residents.

14. Equitable Relief

The Respondents agree not to engage in any act or practice that has the purpose or effect of unlawfully discriminating against any person with a disability in violation of the ADA. The Respondents agree to fully implement each of the following practices and policies.

14.1 Provision of Auxiliary Aids and Services. Subject to paragraph 14.7, below, and consistent with the other provision of this paragraph 14, the Respondents shall ensure that appropriate auxiliary aids and services are made available to all YSI residents who are deaf or hard of hearing where such aids and services are necessary to ensure effective communication with these residents, within forty-eight (48) hours of such resident’s admission to a YSI program or facility, so that they may participate in YSI’s programs and services on an equal basis with non-hearing impaired residents. To the extent that YSI is responsible for the operation and management of aftercare programs for any YSI residents, YSI shall also ensure that appropriate auxiliary aids and services are made available to all residents participating in YSI aftercare programs following release from a YSI facility.

14.2 Programs and Activities. Subject to paragraph 14.7, below, the Respondents shall ensure that appropriate auxiliary aids and services are made available in all programs and activities offered by YSI facilities, including: discipline, treatment, education, recreation, group living, meals, vocational training, and religion. The particular auxiliary aids or services to be provided shall be determined in accordance with paragraphs 14.3 and 14.4, below.

14.3 Assessment. As part of the regular admissions process, YSI staff will evaluate newly admitted residents to determine what, if any, auxiliary aids or services are necessary for a resident who is deaf or hard of hearing to participate in YSI’s programs and services on an equal basis with non-hearing impaired residents. This evaluation will occur as soon as possible after YSI is notified that a juvenile who is deaf or hard of hearing is to reside at or otherwise receive services from a YSI facility, and no later than twenty-four (24) hours after arrival at or first receipt of services from the facility. In addition:

a. Within thirty (30) days following the effective date of this Settlement Agreement, YSI will include a Request for Auxiliary Aids and Services form, attached as Attachment B, in any preliminary mailing to the placing agency, placement officer, probation officer, parents or legal guardians of residents of YSI facilities. Said placing agency, placement officer, probation officer, parents or legal guardians will be asked to complete this form on behalf of and in consultation with the residents for whom they are responsible and will return the form to the relevant YSI facility. YSI shall not be deemed to be in violation of this Settlement Agreement if such forms are not returned to YSI.

b. Within thirty (30) days following the effective date of this Settlement Agreement, YSI will request that all government agencies referring youths to YSI facilities include a completed Request for Auxiliary Aids and Services form in their referral packets for each youth referred to YSI facilities.

c. Within thirty (30) days following the effective date of this Settlement Agreement, YSI will include a Request for Auxiliary Aids and Services form as part of the admissions material for all YSI facilities or programs. Residents will be asked to complete this form along with the other admissions paperwork. In the event that this form was completed prior to admission pursuant to paragraph 14.3.a or 14.3.b above, YSI staff will review the completed form with the resident to confirm the accuracy of the information.

d. Subject to paragraph 14.7, below, in the event YSI receives a Request for Auxiliary Aids and Services form, pursuant to paragraph 14.3.a or 14.3.b, above, or other advance notice indicating that an incoming resident may be in need of a sign language or oral interpreter, YSI will have a qualified sign language interpreter or oral interpreter, whichever is appropriate, present during the admissions process, including during the assessment mandated by and described in this paragraph.

e. If a resident who is deaf or hard of hearing has not requested appropriate auxiliary aids and services, but YSI staff have reason to believe, either during the admissions process or at any time during the resident’s participation in YSI programs or receipt of YSI services, that such resident would benefit from appropriate auxiliary aids and services where necessary for effective communication, YSI staff will specifically inform the resident that appropriate auxiliary aids and services are available, and discuss the nature of such auxiliary aids and services with the resident.

14.4 Sign Language and Oral Interpreters. Subject to paragraph 14.7, below, YSI shall ensure that qualified sign language interpreters are provided for residents who are deaf or hard of hearing and whose primary means of communication is sign language, and qualified oral interpreters for residents who rely primarily on lip reading, as necessary for effective communication in the program areas listed in paragraph 14.2, above. Pursuant to this paragraph, qualified sign language interpreters or oral interpreters will be provided in the following circumstances: during the orientation process; during all medical and psychological evaluations and treatment; during all educational classes; during all meetings to discuss treatment plans, progress reviews, or aftercare plans; during one-to-one meetings; during all individual, group, and family therapy sessions; during all other group meetings including, but not limited to, educational, focus and helping groups; during exit interviews; during school or other assemblies; during group living time; and during all aftercare group meetings.

14.5 On-Call Interpreters. Subject to paragraph 14.7, below, for the period of time that a resident who is deaf or hard of hearing and whose primary means of communication is sign language or lip reading resides in or otherwise receives services from a YSI facility, YSI shall ensure that at least one qualified sign language interpreter or one oral interpreter, whichever is appropriate, is kept on call during those times when a qualified interpreter is not already on the premises, within fifty (50) miles of that YSI facility. In the following circumstances, if no sign language or oral interpreter is currently on site at the relevant YSI facility, YSI staff will immediately summon the on-call interpreter: when disciplinary measures have been taken such as a “time out,” “lock down,” or “chill out”; when a show of force has been used; when a resident has been placed in mechanical restraints or seclusion; when a YSI resident indicates that an interpreter is necessary to communicate an urgent matter to staff; or in any other circumstance where it is particularly important that staff be able to communicate effectively with a resident who is deaf or hard of hearing.

14.6 Procedure for Acquiring Interpreting Services. Within thirty (30) days after the entry of this Settlement Agreement, each YSI facility shall create a list consisting of at least three companies offering sign language interpreting services and three companies offering oral interpreting services in the geographic area of that YSI facility. Every six (6) months each YSI facility shall verify the accuracy of this list and, if necessary, update the companies included on this list. As soon as YSI has notice, pursuant to paragraph 14.3, above, that a resident requires sign language or oral interpreting services, YSI staff will contact the companies included on this list in an attempt to procure the necessary services. In addition, YSI shall memorialize the procedures required by this paragraph in writing and publicize them to all YSI staff responsible for resident intake and admission.

14.7 Interpreting Services Not Available. If, after following the procedures set forth in paragraph 14.6, above, the sign language or oral interpreting services necessary to comply with paragraphs 14.1, 14.2, 14.3(d), 14.4, or 14.5 of this Settlement Agreement are not available at the time they are required pursuant to those paragraphs:

a. YSI shall notify the referring governmental agency as soon as possible, and, in any event, no later than forty-eight (48) hours after the admission of a resident requiring those services;

b. YSI shall provide the Department with a letter documenting the efforts made to comply with paragraph 14.6, above, which shall be signed by the General Counsel or other high ranking YSI official and sent via facsimile to the address stated in paragraph 17.4, below, as soon as possible, and, in any event, no later than forty-eight (48) hours after the admission of a resident requiring those services; and

c. YSI shall use its best efforts to secure, as soon as possible, sign language or oral interpreting services, whichever is required, or a transfer of such resident to a facility that can provide appropriate auxiliary aids and services.

14.8 Movement Outside Facilities. If a YSI resident will be transferred to another facility, including any other juvenile detention facility, a court facility, or medical facility for outside medical appointment, YSI staff at the resident’s current facility shall notify the appropriate official at the subsequent location as to the resident’s need for appropriate auxiliary aids and services by placing a telephone call in advance to the official; it being understood that YSI shall have no responsibility or obligation to ensure that any other detention facility that is not a YSI facility, court facility, or medical facility provides appropriate auxiliary aids and services for the resident when at such facilities.

14.9 ADA Coordinator. Within thirty (30) days following the effective date of this Settlement Agreement, YSI shall appoint an employee at each facility to serve as ADA Coordinator to deal with and address ADA compliance matters. The ADA Coordinator shall be knowledgeable regarding the ADA and will coordinate the provision of appropriate auxiliary aids and services to persons who are deaf or hard of hearing. The ADA Coordinator shall coordinate with outside service providers the provision of auxiliary aids and services and coordinate training sessions as set forth in paragraph 14.16, below. The ADA Coordinator shall also serve as a resource to other YSI employees on ADA matters.

14.10 Request for Auxiliary Aid or Service. A resident who is deaf or hard of hearing may, at any time while residing in or otherwise receiving services from a YSI facility, request appropriate auxiliary aids or services, or request a change in current auxiliary aids or services, by completing a Request for Auxiliary Aids and Services form (see Attachment B) and submitting the form to the ADA Coordinator. Residents so identified by YSI staff shall be instructed as to this procedure during the admissions process.

14.11 Prohibition of Surcharges. All appropriate auxiliary aids and services required by this Order shall be provided free of charge to YSI residents who are deaf or hard of hearing. Nothing herein precludes the Respondents from seeking reimbursement for the costs of such aids or services from a governmental entity or other third party.

14.12 Outside Contracts. All contracts hereinafter entered into between the Respondents and outside service providers who directly interact with YSI residents shall provide: “The contractor agrees to abide by all applicable federal, state, and local laws, including the Americans with Disabilities Act (ADA) and its requirement to provide appropriate auxiliary aids and services where necessary for effective communication, unless the contractor can demonstrate that compliance with the ADA would result in an undue burden on, or would fundamentally alter the nature of, the contractor’s services.”

14.13 Telephones. Each YSI facility shall ensure that at least one public use telephone equipped with volume control mechanisms and one hearing aid-compatible public use telephone (collectively, “Accessible Phones”) are available for use by residents who are deaf or hard of hearing. In addition, for the period of time that a resident who is deaf or hard of hearing is receiving services from a YSI facility, YSI shall ensure that at least one TTY device is available for use by that resident. Residents who are deaf or hard of hearing will be permitted access to the Accessible Phones and TTY on the same terms as hearing residents are permitted access to telephones, except that, in determining what time limitations should be placed on a deaf or hard of hearing resident’s use of an Accessible Phone or TTY (if any), YSI shall consider that it may take that resident more time to communicate using an Accessible Phone or TTY, compared to how long it generally takes hearing residents to communicate using a telephone. If an Accessible Phone or TTY is not available in the same location as telephones used by residents who are not deaf or hard of hearing, residents who use Accessible Phones or a TTY will be allocated additional time to walk to and from the Accessible Phone or TTY location. YSI shall ensure that the privacy of telephone calls by residents using Accessible Phones or a TTY is equal to that of other residents’ telephone calls.

14.14 Visual Alarms. For the period of time that a resident who is deaf or hard of hearing is receiving services from a YSI facility, YSI will ensure that visual alarms complying with the standards set forth in sections 4.1.3(14) and 4.28 of the Standards for Accessible Design, 28 C.F.R. pt. 36, app. A, are provided for that resident in appropriate places throughout the YSI facility where the resident is likely to be at any given time, to the extent not already installed at the facility.

14.15 Captioning and Decoders. When a YSI facility receives a resident who is deaf or hard of hearing, to the extent YSI uses televisions or other audio-visual aids as part of its educational program, or allows residents access to televisions for recreational or other purposes, YSI shall ensure, within forty-eight (48) hours, that closed captioning decoders are made available to residents who are deaf or hard of hearing, or that televisions with the built-in capability to display captions are made available. Clearly stated directions for use of the closed caption capability shall be posted adjacent to each television set.

14.16 Training. YSI shall develop an ADA training curriculum encompassing the policies and practices described in this Settlement Agreement for all YSI staff. This training will include the following objectives: to inform YSI staff of the Respondents’ legal obligations under the ADA and this Order to provide appropriate auxiliary aids and services where necessary to ensure effective communication with residents who are deaf or hard of hearing; to promptly identify communication needs and preferences of YSI facility residents who are deaf or hard of hearing; to secure qualified interpreter services as quickly as possible when necessary; and to facilitate appropriate interaction between residents who are deaf or hard of hearing and other residents, when appropriate (for example, group therapy sessions and other times when interaction with other residents is encouraged). YSI shall conduct training sessions in the foregoing areas under the following time table:

a. Within sixty (60) days following the effective date of this Settlement Agreement, YSI shall conduct ADA training for the administrators, admissions personnel, supervisory personnel, case managers, and clinical staff;

b. Within thirty (30) days following the effective date of this Settlement Agreement, YSI shall incorporate ADA training into its pre-service and orientation training programs for new employees who will have contact with YSI residents; and

c. Within thirty (30) days following the effective date of this Settlement Agreement, YSI shall incorporate ADA training into its annual in-service training for existing employees.

After completing one of the training curricula described above, YSI employees shall sign a form, to be developed by YSI, indicating that they have done so. YSI also will incorporate the policies described in this Settlement Agreement into all training manuals and programs for employees.

14.17 Community Service. If, and to the extent that, YSI is responsible for coordinating community service placements for residents, YSI shall communicate with community service organizations that serve the deaf or hard of hearing community in order to find community service placements for residents who are deaf or hard of hearing who wish to complete court-ordered community service with such organizations. YSI residents who are deaf or hard of hearing shall not be restricted to performing community service with such organizations.

14.18 Publication of Policies and Procedures. YSI will include in its advertisements for its facilities, admissions and orientation material, handbooks for YSI residents, and staff training materials the statement that YSI does not discriminate against residents in YSI facilities on the basis of disability. YSI agrees to publicize the policies and procedures contained in this Settlement Agreement in its admissions and orientation material, its handbooks for YSI residents, and staff training materials.

14.19 Appeal. A YSI resident may appeal decisions concerning a request for auxiliary aids and services by employing the grievance procedures of the relevant YSI facility.

15. Monetary Relief

15.1 The Respondents shall pay sixty thousand dollars ($60,000) in damages to Mr. ************** on behalf of the Respondents and the Maryland Department of Juvenile Services for the time that ************** was a resident at the Victor Cullen Center and a participant in the Center’s aftercare program while the Center was being operated by the Respondents.

15.2
Within thirty (30) days of the effective date of this Settlement Agreement, the Respondents shall send, return receipt requested, the release form attached as Attachment A to **************. Within thirty (30) days of receiving signed release forms, the Respondents shall send, return receipt requested, a check for the full amount due to **************. Simultaneous to the mailing of the check, the Respondents shall provide the United States with a copy of the signed release and check disbursed to **************.

15.3 In light of the Respondents' contractual obligations to the Maryland Department of Juvenile Services, and in order to induce the Respondents to make the payment set forth at paragraph 15.1 on behalf of the Respondents and the Maryland Department of Juvenile Services, the Department covenants and agrees that it will not seek, demand, or claim from the Maryland Department of Juvenile Services any further monetary compensation or compensatory services for ************** or any additional payment, fine, or penalty with respect to ************** for the time that ************** was a resident at the Victor Cullen Center and a participant in the Center's aftercare program while the Center was being operated by the Respondents.

16. Payment to the United States

Within thirty (30) days after the effective date of this Settlement Agreement, the Respondents shall make a payment in the amount of ten thousand dollars ($10,000) to the United States, pursuant to 42 U.S.C. § 12188(b)(2)(C) and 28 C.F.R. § 36.504(a)(3)(i).

17. Notice, Reporting, and Monitoring Requirements

17.1 Three (3), nine (9), and fifteen (15) months following the entry of this Order, and annually thereafter, the Respondents shall provide a written report to DOJ regarding its efforts to comply with this Settlement Agreement. Each report shall be comprised of information regarding each YSI facility as entered into copies of the Settlement Agreement Compliance Form attached as Attachment C. Each YSI facility shall maintain appropriate records to document the information contained in the report, including:

a. the first date of YSI’s control over a resident who is deaf or hard of hearing;

b. the names of YSI staff who are responsible for a resident who is deaf or hard of hearing;

c. the types of appropriate auxiliary aids and services requested by YSI residents who are deaf or hard of hearing, their parents or legal guardians, or YSI staff, and the dates of all such requests;

d. all language(s) used by YSI residents who are deaf or hard of hearing (e.g., American Sign Language, Signed English, etc.);

e. the types of appropriate auxiliary aids and services provided to YSI residents who are deaf or hard of hearing, and the dates all such aids and services were provided;

f. dates and locations of movement of YSI residents to other facilities, including any other juvenile detention facility, a court facility, a medical facility, or home;

g. names of persons in attendance at any ADA training provided to YSI staff, and the dates of such training; and

h. the release date of any YSI resident who is deaf or hard of hearing from the YSI facility.

17.2 The United States may review compliance with this Settlement Agreement at any time. As a part of such review, the United States may, with reasonable notice and in a reasonable manner that protects resident confidentiality rights and avoids interfering with services provided to residents at YSI facilities, require any YSI facility to permit the United States to interview YSI staff (within the presence of YSI’s attorneys), YSI residents, and other persons with knowledge relating to implementation of this Settlement Agreement, or to review the records kept in accordance with paragraph 17.1 above, to the extent reasonably necessary to determining whether the Respondents are complying with the provisions of this Settlement Agreement. The United States may also review YSI’s advertisements for its facilities, admissions and orientation material, handbooks for YSI residents, and staff training materials for compliance with this Settlement Agreement.

17.3 If the United States believes that the Respondents are not in compliance with this Settlement Agreement or any requirements contained herein, the United States agrees to notify the Respondents in writing of the alleged noncompliance and attempt to seek a resolution of the matter with the Respondents. If the parties are unable to reach a resolution within sixty (60) days of the date of the United States’ written notification, the United States may seek enforcement of the terms of the Settlement Agreement in any United States District Court where jurisdiction and venue are proper. In the event that a court determines that the Respondents have failed to comply with any term in this Settlement Agreement, such failure to comply shall be treated as a violation of Title III of the ADA, and the United States may seek, and the court may assess, a civil penalty as provided in 42 U.S.C. § 12188(b)(2)(C). Alternatively, should the parties be unable to reach a resolution within sixty (60) days of the date of the United States’ written notification, the United States may bring an action to enforce compliance with the ADA and its implementing regulation in any United States District Court where jurisdiction and venue are proper.

Failure by the United States to seek enforcement of or relief under this Settlement Agreement, or any of its provisions, shall not be construed as a waiver of the United States’ rights under this Settlement Agreement.

17.4 All notices, reports, or other such documents required by this Settlement Agreement shall be sent to the parties at the following addresses or to such other person as the parties may designate in writing in the future:

For notices to the Department:

John L. Wodatch, Chief
Attention: Heather Wydra or Janine Scott
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue NW
Washington, D.C. 20530
(202) 307-0663
(202) 307-1197 (facsimile)

For notices to the Respondents:

Youth Services International, Inc.
1819 Main Street
Suite 1000
Sarasota, Florida 34236
Attention: General Counsel
(941) 953-9198 (facsimile)

18. Miscellaneous

18.1 Entire Settlement Agreement

This Settlement Agreement, with any appendices attached, constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by any of the parties or agents of any of the parties, that is not contained in this written Settlement Agreement, shall be enforceable regarding the matters raised herein.

This Settlement Agreement is limited to the facts set forth in it. This Settlement Agreement does not purport to remedy any other potential violations of the ADA or any other Federal law. This Settlement Agreement does not list all potential violations of the ADA by the Respondents, and compliance with this Settlement Agreement does not affect the Respondents’ continuing responsibility to comply with all aspects of the ADA.

18.2
Public Document

This Settlement Agreement is a public document. A copy of this document, and any information contained herein, may be made available to any person upon request. The Respondents shall either provide a copy of this Settlement Agreement upon request or refer any person who inquires about obtaining a copy of this Settlement Agreement to the United States, at the address and telephone number listed in paragraph 17.4 of this Settlement Agreement.

18.3 Settlement Agreement Binding on Parties and Successors in Interest

This Settlement Agreement shall be binding on the United States; Youth Services International, Inc.; Correctional Services Corporation; and the successors in interest of Youth Services International, Inc., and Correctional Services Corporation. The Respondents have a duty to so notify all such successors in interest of the existence and terms of this Settlement Agreement.

18.4 Term of the Settlement Agreement

This Settlement Agreement shall be in full force and effect for a period of five (5) years after the effective date of this Settlement Agreement.

18.5 Severability

If any term of this Settlement Agreement is determined by any court to be unenforceable, the other terms of this Settlement Agreement shall nonetheless remain in full force and effect.

18.6 Headings

The paragraph headings in this Settlement Agreement are for convenience only and shall not be deemed to affect in any way the language of the provision to which they refer.

18.7 Signatories Bind Parties

Signatories on the behalf of the parties represent that they are authorized to bind the parties to this Settlement Agreement.

18.8 Non-Discrimination

The Respondents agree that they shall not deny their services to any person on the basis of disability.

18.9 Retaliation and Coercion

The Respondents agree not to retaliate against or coerce in any way any juvenile detention facility resident who is trying to exercise his or her rights under this Settlement Agreement or the ADA.

19. Effective Date

The effective date of this Settlement Agreement is the date of the last signature, below.


COUNSEL FOR THE UNITED STATES:















Date:_______March 29, 2004______

















Date:_________Sept. 30____________, 2003








JOHN ASHCROFT
Attorney General of the United States

R. ALEXANDER ACOSTA
Assistant Attorney General
Civil Rights Division

JOHN L. WODATCH
Chief
L. IRENE BOWEN
Deputy Chief



_________________________________
HEATHER A. WYDRA
JANINE SCOTT
Trial Attorneys
Disability Rights Section
U.S. Department of Justice
P.O. Box 66738
Washington , D.C. 20035-6738
(202) 307-0663
(202) 307-1197 (facsimile)




COUNSEL FOR THE RESPONDENTS:



_________________________________
JOHN R. MENTZER, III
Vice President and General Counsel
Correctional Services Corporation
1819 Main Street, Suite 1000
Sarasota, Florida 34236




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Attachment A

RELEASE OF ALL CLAIMS


For and in consideration of the acceptance of the relief offered to me by the Maryland Department of Juvenile Services (MDJS) pursuant to the Settlement Agreement between the United States v. Youth Services International, Inc., and Correctional Services Corporation:

I, *****************, release and discharge the Respondents and their current, former, and future agents, employees, officials, and designees, and the Maryland Department of Juvenile Services, of and from all legal and equitable claims under the Americans with Disabilities Act related to my detention at the Victor Cullen Center in Sabillasville, Maryland, from ***************************************************, and my participation in the Center’s aftercare program. Specifically, I release and discharge the Respondents and the Maryland Department of Juvenile Services from any obligation for attorneys’ fees or costs related to my complaint with the Civil Rights Division of the United States Department of Justice.

I understand that the payment offered to me does not constitute an admission by MDJS of the validity of any claim raised by me or on my behalf.

I acknowledge that a copy of the Settlement Agreement resolving the matter between them has been made available to me, and that I have fully reviewed its terms. Based upon that review, I hereby acknowledge that I fully and completely understand and accept the terms of the Agreement.

I HAVE READ THIS RELEASE AND UNDERSTAND THE CONTENTS THEREOF AND I EXECUTE THIS RELEASE OF MY OWN FREE ACT AND DEED.

Signed this ______ day of _________________, 2004.

___________________________________
****************

Social Security Number ___________-_


Subscribed and sworn to before me this



____________ day of _____________, 2004.


________________________________
Notary Public

My Commission expires on: ________________________________

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Attachment B


REQUEST FOR AUXILIARY AIDS AND SERVICES


Name _________________________________ MDJS # __________
Facility _________________________________ Date ____________

Federal law requires Youth Services International, Inc., and its vendors to furnish appropriate auxiliary aids and services where necessary to ensure effective communication with individuals with disabilities. Such auxiliary aids and services may include: qualified sign language or oral interpreters, notetakers, computer-assisted real time transcription services, written materials, telephone handset amplifiers, assistive listening devices, assistive listening systems, telephones compatible with hearing aids, closed caption decoders, open and closed captioning, videotext displays, and TTYs.

_____ I do not request auxiliary aids or services.

_____ I request auxiliary aids and services as follows:


Resident signature: __________________________________

Parent signature (if appropriate): _______________________

State juvenile justice agency signature (if appropriate): ________________________

Assisting Staff (if appropriate): ________________________


Auxiliary Aid Determination

The auxiliary aids and services requested have been:

_____ Approved as requested.

_____ Approved as modified below:



_____ Denied. Reasons for denial specified below:


Signature of ADA Coordinator: __________________

Date: _____________

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Attachment C

SETTLEMENT AGREEMENT COMPLIANCE FORM


Facility: ___________________________________ Date: ______________________
Reporting Period: ____________________ to _______________________

The following information is submitted pursuant to paragraph 17.1 of the Settlement Agreement between the United States v.Youth Services International, Inc., and Correctional Services Corporation. Defined terms herein have the meanings given in the Settlement Agreement.

I. Resident Tracking Form (copy for each resident who is deaf or hard of hearing)


Resident Name: ____________________________________________________
Resident #: ________________________________________________________
Date of First Custody: _______________________________________________
Languages Used: __________________________________________________
Responsible MDJS staff:
1. ____________________________________________
2. ____________________________________________
3. ____________________________________________
4. ____________________________________________

Movement To Other Facilities

Departure Date To Which Facility? Return Date

































Release Date: ____________________________________________________



II. Provision of Auxiliary Aids and Services

Please complete this chart accurately, stating the date of any request for auxiliary aids and services, the name of the person making such a request, the nature of the request, the facility’s determination regarding whether to provide the requested auxiliary aid or service and the reason for the determination, and the date on which such auxiliary aid or service was provided, if applicable.

Request Date Name of Requesting Party Nature of Request Determination and Reasons Date Aid or Service Provided























































III. Technology

A. Telephones and Related Equipment

  Number of Items Required

Date Items Installed or Provided
TTYs

Volume control telephones

Hearing aid compatible telephones

Storage and availability of telephone equipment Status: Where are Accessible Phones stored? Are all Accessible Phones in good working order? Answer for each Item.




A. Visual Alarms


Number of Items Required Date Items Installed
Common-use areas

Detainee rooms


A. Captioning and Decoders


Number of Items Required Date Items Installed
Closed captioning decoders

Televisions with captioning capability


Availability of Television Equipment Status: Are all Decoders and Televisions in good working order? Answer for each Item.






IV. ADA Training

  Date ADA Training
Administrative Personnel
Admissions Personnel
Supervisory Personnel
Case Managers
Clinical Staff
Other Staff

Persons in attendance at ADA Training Sessions: (continue list on back if necessary)

___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________
___________________________________ ____________________________________

I certify that all information contained herein is truthful and accurate.

ADA COORDINATOR:

________________________________________________

DATE:

________________________________________________

Cases & Matters by ADA Title Coverage | Legal Documents by Type & Date | ADA Home Page

March 29, 2004