Snyder Cnty. C.P. Court Policies & Procedures (introduction)

AMERICANS WITH DISABILITIES ACT (TITLE II) POLICY

FOR THE 17th JUDICIAL DISTRICT

SNYDER AND UNION COUNTIES

The Unified Judicial System of Pennsylvania (UJS) complies with Title II of the

Americans with Disabilities Act (ADA) which provides that “no qualified individual

with a disability shall, by reason of such disability, be excluded from participation in or

be denied the benefits of the services, programs, or activities of a public entity, or be

subjected to discrimination by any such entity”. 42 U.S.C.A. §12132. Pursuant to that

requirement, if you are an individual with a disability who needs an accommodation in

order to participate in any judicial proceeding or any other service, program, or

activity of the UJS, you are entitled, at no cost to you, to the provision of certain

assistance. The ADA does not require Snyder/Union County Courts to take any

action that would fundamentally alter the nature of its programs or services, or

impose an undue financial or administrative burden.

If you require an accommodation under the ADA, it is recommended that you make

your request as soon as possible or at least three (3) business days before your

scheduled participation in any court proceeding or UJS program or activity. All

requests for accommodation, regardless of timeliness, will be given due consideration

and if necessary, may require an interactive process between the requestor and either

Snyder or Union County Courts to determine the best course of action.

To request a reasonable accommodation, please complete the Request for Reasonable

Accommodation Form (Appendix A) and return it to:

Kelly Heeter, ADA Coordinator

Snyder County Courthouse

9 W. Market St. Middleburg, PA 17842

Fax: 570-837-4358

Email: kheeter@snydercounty.org

Telephone: 570-837-4344

If you need assistance completing this form, contact the ADA Coordinator.

Complaints alleging violations of Title II under the ADA may be filed pursuant to the

UJS Grievance Procedure with Kelly Heeter, ADA Coordinator, information same as

above, response will be sent to you after careful review of the facts.

S:Court Admin:.ADA Title II Policy 7-31-14

Addendum ADA Policy for the 17th Judicial District (Snyder / Union)

It is the policy of this judicial district to prohibit discrimination against all

individuals—including those with substance use disorder—in accessing or participating

in judicial proceedings or other Court services, programs, or activities.

The United States Department of Justice maintains that blanket or per se bans

barring or otherwise limiting persons under court supervision (including pretrial

probation and release, post-conviction probation and parole, and Problem-Solving

Courts—including Adult, Juvenile, or Family Drug Court; DUI Court, Adult or Juvenile

Mental Health Court; veterans Treatment Court; Domestic Violence Court) from

accessing physician-prescribed medications and treatment is a violation of the

Americans with Disabilities Act (ADA).

It is the policy of this judicial district to conform to the position of the United

States Department of Justice in the following respects.

Absent an individualized determination, as more fully described below, no judge,

unit, or member of this judicial district may prohibit or otherwise limit an individual’s

use of medication that they have been lawfully prescribed, and that they are taking as

prescribed, to treat substance use disorder.

Decisions about whether a person should be prescribed medication, and about

medication type and dosage, are to be made only by a licensed prescriber on an

individualized basis.

No judge, unit, or member of this judicial district will interfere with a licensed

prescriber’s decisions about an individual’s appropriate medication and treatment

regimen.

No judge, unit, or member of this judicial district will express a preference for, or

mandate, one medication over another nor in any way penalize or restrict an individual

participating in a court proceeding or program from taking their medication as

prescribed.

No judge, unit, or member of this judicial district will condition admission to,

participation in, or successful completion of a Problem-Solving Court or other court

program, service, or activity on reducing, weaning off, or abstaining from taking

prescribed medication.

No judge, unit, or member of this judicial district will rely upon prior illicit use of

medication for substance use disorder as grounds for prohibiting current use of

medication for substance use disorder that comes from a licensed prescriber.

Individuals with substance use disorder who are participating in a court

proceeding or program may be required to comply with the treatment recommendations

of a licensed prescriber.

This Policy is not intended to interfere with appropriate exercises of judicial

discretion in individual cases. To that end, nothing in this Policy limits a judge’s

discretion to order that an individual be evaluated for medical treatment or comply with

a treatment plan as a condition of release, probation, supervision, or participation in a

Problem-Solving Court or other court or probation program. In issuing such an order, a

judge should make an individualized determination, based on the information available,

which may include an individual’s criminal, medical, and probation history. An

individual’s previous illicit use of a medication is not grounds for prohibiting their use of

that medication going forward as directed by their licensed provider.

Judges have the authority to monitor medication compliance in the context of a

term of probation, supervision, or condition of release and to further the court’s public

safety obligation. When a judge is concerned about an individual’s use or misuse of

medication, the judge may act to mitigate and reduce the risk of abuse, misuse, and

diversion of medication. In many cases, appropriate action will include, among other

things, communication with the prescriber by a probation officer or other UJS personnel

as directed by the judge.

Compliance with the ADA does not require that a court allow an individual to

participate in, or benefit from, its services or programs if the person poses a “direct

threat to the health or safety of others.” 28 C.F.R. § 35.139. A determination that an

individual poses a direct threat must be grounded in current medical knowledge or the

best available objective evidence to ascertain: the nature, duration, and severity of the

risk; the probability that the potential injury will actually occur; and whether reasonable

modifications of policies, practices, or procedures or the provision of auxiliary aids or

services will mitigate the risk. Id. A court may not conclude that an individual

prescribed medication poses a “direct threat” based on generalizations or scientifically

unsupported assumptions about medications or persons who are prescribed medication.

Individuals who believe there has been a violation of this Policy may file a

grievance pursuant to the Grievance Procedure of the UJS system, found on each county

website: Snyder / Union County’s ADA policy and forms.

6/2024 – Addendum approved by: President Judge Hackenberg

APPENDIX A

FOR USE BY JUDICIAL DISTRICTS ONLY

17TH JUDICIAL DISTRICT

UNIFIED JUDICIAL SYSTEM OF PENNSYLVANIA

AMERICANS WITH DISABILITIES ACT ACCOMMODATION (ADA) TITLE II REQUEST FOR REASONABLE ACCOMMODATION FORM

(INCLUDES REQUEST FOR INTERPRETER FOR HEARING /SPEECH IMPAIRED)

Client Information – Section A

Name: Phone:

Address: Email:

Mobile:

Please check the box that most closely describes your status in this matter:

Litigant Plaintiff Defendant Parent Child Witness Attorney Victim Juror

Other (please explain)

Requestor Information (if different from above)

Bus. Phone/

Name: Mobile:

Address: Fax:

Email:

Relationship

to Client: TTY:

Accommodation

Nature of the disability for which an accommodation is requested:

Accommodation requested:

Location of Proceeding Proceeding Information (if known)

Magisterial District Court No. Case #:

District Judge Name: Case Name:

Criminal Division Civil Division Orphans’ Court Division Judge:

Proceeding Proceeding

Family Division Adult Juvenile Date: Time:

Proceeding

Specify Address: Type:

AFTER COMPLETING THE FORM, PLEASE SEND TO: COURT ADA COORDINATOR,

SNYDER COUNTY COURTHOUSE

9 W. MARKET ST. MIDDLEBURG, PA 17842

I hereby certify that an Americans with Disabilities Act accommodation is required in the above-captioned action on the date stated.

Signature: Date:

FOR OFFICIAL USE ONLY

Service Provider Information - Section B

A SERVICE REQUEST HAS BEEN MADE FOR THE CLIENT NAMED ABOVE.

Service Provider

Company: Fax:

Individual

Interpreter Name: Email:

Bus. Phone/ Date to

Mobile: Provider:

Court Official Verification – Section C

VERIFYING OFFICIAL SHALL MAINTAIN A COPY IN THE COURT’S CASE FILE AND PROVIDE THE ORIGINAL TO THE SERVICE PROVIDER FOR SUBMISSION WITH BILLING.

I hereby verify that the services were performed by the provider in the above-captioned action on the date and time stated.

Start Date End Date

& Time: & Time:

Court Official: Signature:

(Please print name)

Title: Date:

Americans with Disabilities (Title II) Act Grievance Procedure

FOR THE 17th JUDICIAL DISTRICT

SNYDER AND UNION COUNTIES

This grievance procedure is established for the prompt resolution of complaints

alleging any violation of Title II of the Americans with Disabilities Act (ADA) in the

provision of services, programs, or activities by the Unified Judicial System (UJS). If

you require a reasonable accommodation to complete this form, or need this form in

an alternate format, please contact:

ADA Coordinator, Kelly Heeter

Snyder County Courthouse

9 W. Market Street, Middleburg, PA 17842

Telephone: 570-837-4344 Fax: 570-837-4358

Email: kheeter@snydercounty.org

To file a complaint under the Grievance Procedure please take the following steps: