AVITIA, ROSARIO MACIEL (vs. COSA AND IMMIGRATION AND CUSTOM ENFORCEMENT AGENCY "ICE")

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objective evidence, to determine the nature, duration, and severity of the risk, and whether any modifications of policies, practices, or procedures can mitigate or eliminate the risk. Detainees who are found to pose a direct threat are nevertheless entitled to auxiliary aids or services to allow for effective communication. H. External Notifications 1. Notification of a Detainee with a Communication or Mobility Impairment The facility shall notify the Field Office Director as soon as practicable, but no later than 72 hours, after the multidisciplinary team has completed its review of the needs of any detainee with a communication or mobility impairment. This notification must include, at a minimum, a. the nature of the detainee's disability or impairment; b. the accommodation requested by the detainee; and c. the facility's plan to accommodate the detainee. 2. Notification of Facility Denials and Provision of Alternative Accommodations The facility shall notify the Field Office Director in writing within 72 hours of any final denial by the facility administrator or assistant facility administrator of any accommodations request reviewed by the multidisciplinary team. This notification must include, at a minimum, a. the nature of the detainee's disability; b. the accommodation requested by the detainee; c. the reason for denial; and d. any steps the facility has taken to address the detainee's needs. ICE may review the facility's decrial of a request for an accommodation. The facility shall provide additional information as needed to further ICE's review, and shall cooperate with ICE on any additional steps that may be necessary. 1. Staff Training Training on the facility's Disability and Reasonable Accommodations procedures shall be provided to employees, volunteers, and contract personnel, and shall also be included in annual refresher training thereafter, New facility staff, including contractors and volunteers, shall receive this training as part of the Initial Orientation training required by Standard 7.3. The level and type of training for volunteers and contractors will be based on the services they provide and their level of contact with detainees; however, all volunteers and contractors who have any contact with detainees must be notified of the facility's disability accommodations policy.' "Appendix 4.8.A: Resources" following this standard lists resources available from the U.S. Department of Justice and organizations that may be useful in developing a training program, and/or for direct use in training. J. Detainee Orientation The facility orientation program required by standard 2. 1, "Admission and Release," and the detainee handbook required by standard 6. 1, "Detainee Handbook," shall notify and inform detainees about the facility's disability accommodations policy, including their right to request reasonable accommodations and how to make such a request. The facility will post other documents for detainee awareness in detainee living areas and in the medical unit, as requested by the local ICE/ERO Field Office. 4.8 1 Disability Identification, Assessment, and 353 PBNDS 20il Accommodation (Revised December 2016)