Guidelines for Working With Clients With IDD
Police C.A.R.
Clear communication. Adaptive practices. Recognition and response.
People with intellectual and developmental disabilities (IDD) under the age of 30 are 44% more likely to be arrested than neurotypical people, per a 2017 American Journal of Public Health study. Lack of education concerning laws and policy combined with communication challenges and social stigma exacerbate this likelihood, also subjecting individuals to greater risk of conviction, sentencing to prison, and victimization in prison.
But people with disabilities have rights to safeguard them against this disparity.
The Americans With Disabilities Act (ADA) Title II requires that public entities provide reasonable accommodations and accessible programs, services, and activities for people with disabilities. Compliance with these mandates is not only compulsory by law but yields safer and more equitable and effective interaction.
The Arc of NJ’s Criminal Justice Advocacy Program and Sexual Violence Prevention Project have created a comprehensive primer on police interaction with people with IDD.
Our key word for working with citizens with IDD: CAR.
Clear Communication
The manner in which law enforcement principles are presented can adversely affect individuals with IDD who are reporting a crime or suspected of offending. Misunderstanding Miranda rights or lacking knowledge of fundamental legal protections can result in trauma, imprisonment, or permanent sex offender registration. It is imperative that law enforcement officials ensure that all citizens grasp legal matters, procedures, and terminology both prior to and throughout their involvement in the criminal justice system.
- Avoid using technical jargon; assume the listener is not familiar with even the most common terms (Miranda rights, indictment, etc.)
- Allow stimming (repetitive motions such as rocking back and forth, hand flapping, etc.) to process anxiety, instead of assuming that stimming indicates guilt
- Use concrete language; do not use terms or phrases with multiple meanings, such as “cut it out,” or sarcasm that can be misconstrued
- Ask open-ended questions
- Ask the individual to repeat information in their own words to confirm understanding
- Speak directly to the person, not their advocate
- Actively listen
- Give appropriate praise and encouragement without patronizing
- Use a calm and even voice
- Be patient: allow for extra time for the individual with IDD to think about questions before responding
- Offer note-taking options, such as notepad, tablet, or voice recorder OR offer to assist
- Upon meeting, address the individual in a way that is clear and unambiguous. Introduce yourself and then explain your role in an easy-to-understand way.
- Use a trauma-informed approach: provide regular updates, allow involvement in decision-making, use terminology that aligns with the client’s experience. consider communicating by text or phone when possible
- Increase font size on written documents
- Consider sending written materials prior to meetings
- Always use people-first language (i.e. “person with disabilities,” instead of “disabled person”)
- Give an overview or provide an agenda of proceedings before they begin
Recognition and Response
Providing environmental adjustments that consider sensitivity to stressors facilitates effective cooperation by individuals with IDD. Given the prevalence of sensory processing disorder within the neurodiverse community, an excess of stimuli may lead to overwhelm, overstimulation, or inability to focus. Additionally, pacing and presenting expectations of interactions can significantly mitigate engagement. It is important to recognize that citizens with IDD possess distinct requirements and to accommodate them.
- Ask about needs for communication and feeling safe and offer examples (advocate for supported decision-making, communication board, etc.)
- Offer a support person, translator, or facilitator
- Divide meetings into sections and short breaks to reduce fidgety behaviors
- Offer physical assistance (but always ask before providing)
- Choose a comfortable meeting place with limited distractions and little noise/lights
- Be as flexible with meeting times as possible
- Think of sending reminders before meetings or due dates
- Allow the citizen time and space to calm down if there’s no threat of self-harm
- Offer breaks, whether for snacks, water, or emotional needs
- Always grant permission for service animals (it’s the law!); do not pet or distract animal while it is working
- Lower the intensity of police radio/sirens/patrol lights whenever possible
Recognize characteristics
Individuals with IDD do not always disclose their differences to others: some have received incorrect diagnoses or subsist undiagnosed, many have co-occurring conditions such as ADHD and autism spectrum disorder or mental health issues which can obscure other disabilities, and still others may be self-conscious about or not fully comprehend their condition, prompting them to conceal it. Nevertheless, specific indicators often exist that can aid in recognizing a disability, and identification is crucial for compliance with the ADA.
- Communication markers: limited vocabulary, speech impairment, difficulty answering questions, short attention span
- Behavior markers: inappropriate demeanor, pliability, difficulty with directions, difficulty with simple tasks, repetitive motions or motor impairment
- Interaction markers: eagerness to please, communication through others, mimicking, feigning greater understanding, over- or under-engagement
According to the International Association of Chiefs of Police, law enforcement agencies can provide continued support to citizens with disabilities by:
Creating and maintaining a list or resource map of community-based agencies, services, and contacts for referral when encountering people with developmental disabilities. This list should be readily available to officers, shared during training, and kept up to date. The Arc of NJ and NJ’s Designated Protection & Advocacy Agency | Disability Rights New Jersey are both excellent resources.
Reviewing, revising, or creating written policies related to people with developmental disabilities, including use of force, de-escalation, and other similar topics to guide an officer’s response to this population. See the International Association of Chiefs of Police’s policy resources on “ Interactions with Individuals with Intellectual and Developmental Disabilities*”
Creating or joining stakeholder groups made up of individuals from the developmental disability and criminal justice communities to foster stronger connections and opportunities for collaboration. For example, agencies might participate as part of a multi-disciplinary effort that provides training on developmental disabilities and creates action plans to address developmental disability-specific issues in the criminal justice system. Initial training and ongoing collaboration can increase the potential for deflection and pre-arrest diversion.