National Association of the Deaf

The National Association of the Deaf (NAD) released a Model Mental Health for Deaf and Hard of Hearing Individuals Bill of Rights, along with a support statement designed to both to encourage activists and to educate legislators. While neither is a legal document, the NAD hopes that this sample Bill of Rights will help deaf and hard of hearing people, and their allies, convince their legislators to pass new laws containing many or all of the same protections as the Bill.

The Model Mental Health Bill of Rights is the newest chapter in a long story of NAD advocacy for the rights of deaf and hard of hearing individuals. The NAD has position statements on mental health services, culturally and linguistically accessible mental health services, and mental health services for deaf children. The new Bill of Rights builds on these past position statements, expanding on our viewpoint and strengthening our advocacy.

Providing Advocates With A Guide and a Tool

Deaf and hard of hearing people deserve equal access to mental health treatment. Not only must the treatment be accessible but it should also be available in a way appropriate to each deaf and hard of hearing person’s culture and language, such as Deaf culture and American Sign Language (ASL). Deaf and hard of hearing people have struggled to gain access to culturally and linguistically affirmative mental health treatment in each state. Many states do not currently have any mandates or requirements for fully accessible mental health treatment. The NAD created this Model Mental Health Bill of Rights to guide advocates who wish to push for the creation of new laws in their state that would require fully accessible and appropriate mental health services. The NAD has also developed a Support Statement to help advocates convince legislators to pass this Model Mental Health Bill of Rights.

The Model Mental Health bill of Rights contains many protections, including but not limited to:

• The state’s mental health authority should be able to oversee and fund a full continuum of mental health care and services for deaf and hard of hearing individuals.
• Deaf and hard of hearing people should have access to mental health professionals who are fluent in their preferred language mode, whether it is ASL, signed English, cued speech, oral/aural communication or any other means of communication.
• If a professional fluent in a person’s preferred communication mode is not available nearby, that person should have the right to go to a different area or state, or to use technology (such as a videophone) to consult professionals from other states.
• It is ideal for deaf and hard of hearing people to be able to communicate with their mental health care providers directly, but this may not be possible in some situations. For this reason, the state must take care to train highly qualified interpreters and provide the best possible aids.
   

We encourage all activists interested in mental health equality, and all deaf and hard of hearing people in need of mental health care, to read our Model Bill of Rights and Statement of Support in full. We believe that they are an excellent starting point to begin talking to your representatives and your community about the importance of mental health care access for all people.