DOJ: camp must provide access and administer emergency meds

[ninjaroll]

Justice Department Reaches Agreement with Maryland Day Camp to Ensure Equal Rights for Children with Epilepsy

Justice News
Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Wednesday, June 24, 2015
Justice Department Reaches Agreement with Maryland Day Camp to Ensure Equal Rights for Children with Epilepsy

The Justice Department signed a settlement agreement today with Camp Bravo, a day camp that operates in Towson, Maryland, just outside Baltimore.  The settlement resolves allegations that Camp Bravo violated a child's civil rights by denying her admission to the camp because she has epilepsy, in violation of the Americans with Disabilities Act (ADA).  Because the child would need emergency medication administered if she were to have a prolonged or acute repetitive seizure, Camp Bravo denied her admission.  Though the medication, Diastat, is designed to be administered by trained laypersons and could save the child's life, Camp Bravo would not permit non-medical staff to administer the medication and later refused to permit the camp nurse to accompany the child on field trips or bus rides.  As a result, the child was not able to attend Camp Bravo for two consecutive summers.

Title III of the ADA prohibits discrimination on the basis of disability by private camps and child care programs.  Under the ADA, such entities must make reasonable modifications to their policies, practices or procedures when necessary to provide equal access to a child with a disability, unless a modification would fundamentally alter the nature of the goods and services.  It generally will be a reasonable modification required by title III of the ADA for certain public accommodations, such as camps and child care programs, to train laypersons to administer Diastat.

"Equal access to camps and child care programs is essential to children and parents across the country," said Principal Deputy Assistant Attorney General Vanita Gupta of the Civil Rights Division.  "These programs allow children with disabilities to learn and play with their peers and develop important social skills.  The Civil Rights Division will not allow the exclusion of children with seizure disorders where life-saving medication can be safely administered by trained laypersons."

"Federal law prohibits businesses from discriminating against children with disabilities," said U.S. Attorney Rod J. Rosenstein of the District of Maryland.

Under the agreement, Camp Bravo will admit the child for all future camp sessions of the child's choosing, as long as she is of eligible age, and will pay $8,000 to the family to compensate them for Camp Bravo's failure to admit the child when she previously applied.  In addition, Camp Bravo will train its staff on the ADA and, if a child with epilepsy is enrolled in the camp, on epilepsy and seizures.  The camp will also adopt and enforce a nondiscrimination policy, as well as an emergency anti-seizure medication administration policy and procedure.  The department will monitor Camp Bravo's compliance with the agreement for three years.

Settlement Agreement with Camp Bravo under ADA

Oddly, they were EpiPen trained. I would infer this to show that EpiPen administration is compliant.

b. The Complainant sought to enroll her then seven-year-old daughter in Camp Bravo in 2011, and again in 2012. The Complainant requested that Camp Bravo administer Diastat to the Camper if she experienced a seizure emergency while at Camp Bravo.

c. Camp Bravo requires campers to self-administer medications and has designated staff who are certified in cardiopulmonary resuscitation (CPR) and First Aid to supervise this. However, Camp Bravo staff are trained to administer Epi-pens, a pre-measured emergency medication for severe allergic reactions. 

Definitely take the time to read through to ACTIONS TO BE TAKEN, TRAINING and SPECIFIC RELIEF.

[ninjaroll]

A more succinct write-up was just distributed. Has a hint of What part of La Petite did you not understand?

The Justice Department signed a settlement agreement today with Camp Bravo, a day camp that operates in Towson, Maryland, just outside Baltimore. The settlement resolves allegations that Camp Bravo violated the Americans with Disabilities Act (ADA) by denying a child admission to the camp because she has epilepsy and requires administration of the emergency medication Diastat if she were to have a prolonged or acute repetitive seizure. Though Diastat is designed to be administered by trained laypersons and could save the child's life, Camp Bravo would not permit non-medical staff to administer the medication and later refused to permit the camp nurse to accompany the child on field trips or bus rides. As a result, the child was not able to attend Camp Bravo for two consecutive summers. Under the agreement, Camp Bravo will admit the child for all future camp sessions for which she is eligible, and will pay $8,000 to the family to compensate them for Camp Bravo's failure to admit the child in the past. The agreement also requires staff training and changes to the camp's policies and procedures.

[Macabre]

Exactly. And the materials they already had for daycare were crystal clear.

[hsw24]

Editing a post about the decision right now - so promising!

[hsw24]

http://allergylawproject.com/2015/06/29/united-states-department-of-justice-announces-settlement-against-summer-camp/