ADA and Court Proceedings
If one of the parties in a divorce action has a disability which requires assistance, the parties may request accommodations from the court. This request may include modifications to policies or practices, auxiliary aids and services, or materials in alternate formats. The request should be submitted at least five court days before the hearing. After a request has been made, a judge may request additional information about the disability. If a request is denied, an applicant can ask the court to state in writing its decision. If it was denied, the court’s response may include the nature of any accommodation which is to be provided, the duration of any accommodation provided, and the date the notice was provided to the person requesting the accommodation.
Rules of Court 1.100(c) Process for requesting accommodations The process for requesting accommodations is as follows:
(1)Requests for accommodations under this rule may be presented ex parte on a form approved by the Judicial Council, in another written format, or orally. Requests must be forwarded to the ADA coordinator, also known as the access coordinator, or designee, within the time frame provided in (c)(3).
(2)Requests for accommodations must include a description of the accommodation sought, along with a statement of the medical condition that necessitates the accommodation. The court, in its discretion, may require the applicant to provide additional information about the medical condition.
(3)Requests for accommodations must be made as far in advance as possible, and in any event must be made no fewer than 5 court days before the requested implementation date. The court may, in its discretion, waive this requirement.
(4)The court must keep confidential all information of the applicant concerning the request for accommodation, unless confidentiality is waived in writing by the applicant or disclosure is required by law. The applicant’s identity and confidential information may not be disclosed to the public or to persons other than those involved in the accommodation process. Confidential information includes all medical information pertaining to the applicant, and all oral or written communication from the applicant concerning the request for accommodation.
Please note that the posting of this family law blog is informational only. Specific circumstances and laws may determine the outcome of your particular situation and it is important to contact an attorney to analyze your situation.
Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.