Service Animals and Brain Injury

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Service Animals and Brain Injury

• 2009 Annual Brain Injury Conference

John W. Johnson
April 23, 2009 OptionsIRCIL
Advocate/Trainer St
Cloud, MN
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Options serves people experiencing the effects
of aging and people with any type of disability

• Mission Statement
• To assist individuals with disabilities to
  live independently in the communities of their
  choice, and eliminate barriers of attitude,
  architecture and communication from the
  environments served.

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• Many elderly or persons with disabilities may
  have physical or cognitive issues that require
  the use of assistive technology to live a
  productive and meaningful life. That technology
  may be manual, electronic, or in some cases
  live!

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Two Laws

• Federal Fair Housing Law
• ADA Americans With Disabilities Act

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• Service Animal
• Any guide dog, signal dog, or OTHER animal
  individually trained to do work or perform tasks
  for the benefit of an individual with a
  disability.
• Including but NOT limited to guiding
  individuals, pulling a wheelchair or fetching
  dropped items.

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Brain Injury and Soldiers

• Called the signature wound of the war,
  Traumatic Brain Injury (TBI) caused by explosions
  has become one of the most common combat wounds
  suffered in Iraq.

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• 30 of soldiers taken to Walter Reed Army Medical
  Center since 2003 suffered traumatic brain
  injuries, according to the Defense and Veterans
  Brain Injury Center.

• Soldiers sometimes walk away from explosions with
  no obvious injuries. But the concussion from the
  blast can have a lingering effect that is not
  always immediately apparent. The military
  estimated that 20 of the troops with mild brain
  injuries will have prolonged or lifelong symptoms
  requiring continuing care.

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• Companion/Therapy Animal
• Promote a general feeling of well-being.
• Providing unconditional affection to those who
  lack it.
• Improving focus (Alzheimer's/depression).
• Stimulating memory functions.
• Motivating simple physical activities for the
  mobility impaired (petting, patting, brushing).
• Providing practice for specific physical therapy
  (throwing a ball, offering tidbits).

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Fair Housing

• Federal and state fair housing laws require
  that a modification be made to a no pet policy
  to permit the use of a service animal by an
  individual with a disability, unless doing so
  would result in an unreasonable financial or
  administrative burden.

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• Definition of Disability A tenant must meet the
  statutory definition of having a disability under
  fair housing laws.
• A sensory, mental or physical impairment that
  substantially limits one or more major life
  activities.
• A sensory, mental or physical condition that is
  medically cognizable or diagnosable.
• Definition of Staff Includes owners, on-site
  management, off-site property management, leasing
  agents, maintenance personnel, or any other
  representative of the owner of management
  company.

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• Definition of Service/Companion Animal
• Any animal individually trained to do work or
  perform tasks for the benefit of a person with a
  disability. A companion animal with good
  temperament and disposition, and who has
  reliable, predictable behavior, may assist a
  person with a disability as a therapy tool.
  Service animals are not considered pets.

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Actual Scenario
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• Guidelines For Tenants With Service Animals
• Request for a service animal accommodation
• Verification of disability need for a service
  animal
• Supervision
• Guidelines For Staff
• Service Animal Accommodation Plan
• Fees ?

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Awareness Training

• Allow a service animal to accompany the tenant at
  all times and everywhere on the property except
  where animals are specifically prohibited
• Do not pet or touch a service animal.

• Do not feed a service animal.
• Do not deliberately startle a service animal. Do
  not separate or attempt to separate a tenant or
  handler from her or his service animal.

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• Avoid initiating conversation about the service
  animal, the tenants disabilities or other
  service animals one has known.
• Service animals do not need to wear any special
  identifying gear such as tags, harnesses or
  capes.

• If other tenants complain about the fact that
  they are not allowed to have a pet and want to
  know why you have made an exception, simply state
  that your company complies with the fair housing
  laws.

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Service Animal Etiquette

• They do not have to wear a harness or anything
  else to define them as a service animal.
• They do not have to be state certified in order
  to be a service dog. Most states do not have a
  certification process.
• They do not need to have paperwork with them in
  order to have access to public venues.
• They cannot be isolated from other customers.
• They must be allowed access to all areas where
  other customers are allowed.

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• The only questions permissible are Do you have a
  disability? and Is this a service animal?
• Service animals may only be asked to leave an
  establishment if they show aggression or cause
  immediate danger to another customer, or if they
  disrupt the fundamental nature of the business,
  i.e. dog barking in the middle of a movie.
• Fees may not be accessed for damage done by a
  service animal unless fees are normally accessed
  against all customers for similar damage.

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Do Not

• Approach the animal
• Make noise at the animal
• Do not enter into a conversation about the dog,
  while its working
• Pet the dog
• Therapy dogs are usually not allowed in business

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SAMPLE LETTER REQUEST FOR REASONABLE
ACCOMMODATION This is a sample letter for
tenants or prospective tenants to use when
requesting a service animal as a reasonable
accommodation. This form is not required
however, a tenant should request an accommodation
in writing. Name_______________________________
_______Phone__________________
Address__________________________________________
__________________ I have a disability as
defined by the fair housing laws. I use a service
animal to assist me with the functional
limitations related to my disability. My service
animal also enhances my ability to live
independently and to use and enjoy my dwelling
fully. Type of service animal (dog, cat, etc.)
_______________________________ As an
accommodation for my disability/disabilities, I
request that you waive your "no-pet" policy
waive your pet weight/height restrictions
waive your pet deposit/pet-related fees
other ___________________________________________
__ I have attached a letter from my treatment
provider verifying that I have a disability and
that I have a need for a service animal.
Signed _______________________________________
Date ________________
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SAMPLE LETTER REASONABLE ACCOMMODATION LETTER
FROM SERVICE PROVIDER) Dear housing
provider (Name of Tenant) is my client/patient,
and has been under my care since (date). I am
familiar with his/her history and
disability-related functional limitations. S/he
meets the definition of disability under the fair
housing laws. To enhance his/her ability to live
independently and to use and enjoy his/her
dwelling, I am prescribing a service animal that
will assist (name of tenant) with the functional
limitations relating to his/her disability. I
am available to answer any questions you may have
concerning my recommendation that (name of
tenant) have a service animal. Sincerely,
Name of Professional Title
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ADA Service Animals

• Definition of Service Animal Animals that
  are individually trained to perform tasks for
  people with disabilities such as guiding people
  who are blind, alerting people who are deaf,
  pulling wheelchairs, alerting and protecting a
  person who is having a seizure, or performing
  other special tasks. Service animals are working
  animals, not pets.

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Under the ADA, businesses and organizations that
serve the public must allow people with
disabilities to bring their service animals into
all areas of the facility where customers are
normally allowed to go. This federal law applies
to all businesses open to the public, including
restaurants, hotels, taxis and shuttles, grocery
and department stores, hospitals and medical
offices, theaters, health clubs, parks and zoos.
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• Businesses may ask if an animal is a service
  animal or ask what tasks the animal has been
  trained to perform, but cannot require special ID
  cards for the animal or asked about the persons
  disability.
• People with disabilities who use service animals
  cannot be charged extra fees, isolated from other
  patrons, or treated less favorably than other
  patrons. However, if a business such as a hotel
  normally charges guests for damage that they
  cause, a customer with a disability may be
  charged for damage caused by his/her service
  animal.

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• A person with a disability cannot be asked to
  remove his service animal from the premises
  unless
• 1. The animal is out of control and the
  animals owner does not take effective action to
  control it.
• 2. The animal poses a direct threat to the
  health or safety of others.
• In these cases, the business should give the
  person with the disability the option to obtain
  goods and services without having the animal on
  the premises.

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• Businesses that sell or prepare food must allow
  service animals in public areas even if state or
  local health codes prohibit animals on the
  premises.
• A business is not required to provide care or
  food for a service animal or provide a special
  location for it to relieve itself.
• Allergies and fear of animals are generally not
  valid reasons for denying access or refusing
  service to people with service animals.
• Violators of the ADA can be required to pay money
  damages and penalties.

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Title III of the ADA mandates that persons with
disabilities can be accompanied by their service
animals in health care facilities. In health
care facilities, a person with a disability
requiring a service animal may be an employee, a
visitor, or a patient.If health care personnel,
visitors, and patients are permitted to enter
care areas without taking additional precautions
to prevent transmission of infectious agents a
clean, healthy, well behaved service animal
should be allowed access with its handler.
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Health care personnel may not exclude a service
animal because health care staff may be able to
perform the same services that the service animal
does.Health care personnel cannot exclude
service animals because the health care staff may
perceive a lack of need for the service animal
during the persons stay in the health care
facility. A person with a disability is entitled
to independent access.
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For some forms of care the service animal should
not be used in place of a credentialed health
care worker who directly provides therapy. The
service animal may be in the presence of its
handler during this time.ADA Information Line
at 800-514-0301 voiceor 800-514-0383 TTY or
visit the ADA Business Connection at ada.gov.
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Fair Housing GuidelinesWhat is a Service
Animal What Do They Do?
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HUD compliance guidelines define them as animals
that serve as a reasonable accommodation for
persons with disabilities by assisting those
individuals in some identifiable way by making it
possible for them to make more effective use of
their housing. Under these guidelines, so
called companion animals are also considered to
be a type of service animal.Many service
animals are dogs, but they may be other domestic
species, such as cats or birds. A service animal
can be any breed or size, and housing providers
cannot place limitations on their size or weight.
Sometimes a person with a disability may need
more than one service animal, when each provides
a different type of assistance (hearing and
seizure alert dog).
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ADA Frequently Asked Questions
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Some Training Resources
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(No Transcript)
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• Service Dogs provide mobility assistance to
  those using wheelchairs or other devices
  providing mobility assistance.
• Hearing Dogs provide signaling or alerting
  behaviors for those who live with deafness or
  other auditory challenges.
• Seizure Alert Dogs provide appropriate alerting
  behaviors in response to a seizure event. In the
  best case scenarios provide alerting behaviors
  prior to a seizure onset.
• Therapeutic Companion Dogs Provide emotion
  support to various individuals or groups of
  individuals. Elder care facilities, hospice
  programs, and childrens hospitals are common
  setting for these dogs.
• Specially Dogs provide assistance to
  individuals living with disabilities which
  require combinations of the above duties.

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A Note To Business Owners

• Some customers and employees may be anxious
  or nervous about the assistance dog in your
  establishment. Furthermore, they may request
  that the animal be removed. Reassure that person
  that the dog is thoroughly trained and has a
  legal right to be there under the ADA. Politely
  inform the person that there can be large fines
  should the dog be denied access. It is important
  for you to remember that there are more than 1.6
  million people who are deaf or profoundly hearing
  impaired, 3.5 million people with disabilities
  involving lack of mobility, 5.5 million people
  with blindness or serious vision impairments as
  well as many more who have seizure disorders.
  These people are paying customers who deserve the
  same respect as any other paying customer does.