Washington State DCYF, ADA Violations, Washington 2024

The Washington State Department of Children, Youth and Family Services (DCYF) has been found guilty of violating the Americans with Disabilities Act (ADA) in Spokane, Washington. Acting U.S. Attorney Joseph H. Harrington of the Eastern District of Washington and Acting U.S. Attorney Tessa M. Gorman of the Western District of Washington announced the settlement, which requires DCYF to pay $300,000 and make sweeping changes to its procedures for providing services to families where a parent or child is deaf or hard of hearing.

The investigation, which began in response to complaints from two Washington State families, found that DCYF's Child Welfare Program failed to provide appropriate auxiliary aids or services, including qualified sign language interpreters, on more than 100 occasions between 2017 and 2019. This failure to provide equal access to DCYF's services, programs, and activities led to delays and barriers to access, causing significant emotional distress to the complainant parents and their children.

The investigation concluded that DCYF employees frequently relied on ineffective means of communication, such as note-writing for parents whose primary language was American Sign Language (ASL), or using family members to interpret instead of qualified interpreters. This led to caseworkers having a negative view of the willingness of deaf or hard of hearing parents to cooperate in DCYF's investigation.

Under the terms of the settlement, DCYF must devise and implement a new policy with input from the U.S. Attorney's Offices in the Eastern and Western Districts of Washington. This policy will ensure that DCYF provides effective communication to families with members who are deaf or hard of hearing. The settlement also requires DCYF to pay $300,000 to the complainant families.

According to Acting United States Attorney Joseph H. Harrington, no individual should be denied or delayed access to public services because of a disability. Services provided by the State of Washington must comply with the ADA and its effective communication requirements.

Acting U.S. Attorney Tessa M. Gorman added that communication is key to the relationship between a family facing challenges and social workers who are trying to protect and serve children. DCYF has agreed to a path forward that will provide critical services to families with members who are deaf or hard of hearing.

The settlement serves as a stark reminder of the importance of the ADA and its effective communication requirements. The landmark legislation has strengthened our society for over thirty years, and this settlement should serve as a reminder of the critical need for effective communication in all areas of civic life.

Source: https://www.justice.gov/usao-edwa/pr/department-justice-doj-and-washington-department-children-youth-and-family-services