Limited English Proficient (LEP)

2. Limited English Proficient (LEP) An LEP individual is a person who is unable to speak, read, write or understand the English language at a level that permits him or her to interact effectively with health and social services agencies and providers.

3. LEP and Title VI To comply with Title VI federally-funded entities must ensure that LEP persons have meaningful access.

4. Key to LEP Compliance • To ensure meaningful access covered entities must: • provide language assistance • that results in accurate and effective communication • at no cost

5. Meaningful Access - Factors • size of the covered entity • size of eligible population • nature of program/service • program objectives • resources • frequency of encounters • discrete languages and • LEP individuals

6. Oral Language Assistance Covered entities must provide: • Language interpreters • Trained & competent interpreters • Assistance must be timely • At no cost to the LEP person

7. Oral Language Assistance Best Practice - Trained & competent interpreters: - Minimum of 16 hrs. of training - Training must include: Ethical and practice standards, terminology, interpretation skills, professional conduct, cultural competency - Competency: Oral proficiency, Assessment of ethics, Integrated interpreter skills, terminology and cultural understanding Translator

8. Oral Language Assistance Assistance Must be timely - Same day assistance - At no cost

9. Types of Oral Language Assistance • Bilingual staff • Staff interpreters • Contractors • Volunteers • Telephone language line

10. Oral Language Assistance Do not require applicants/clients to: • use family or friends • use minor children

11. Policy Guidance “Non-applicant” family members: immigrant family members who do not expect to receive benefits must notbe required to disclose: • Proof of immigration/citizenship status; or • SSNs

12. LEP scenario #1 • You are the intake worker taking care of walk-in customers. You see a customer comes in toward you with her young daughter (approximately 12 years of age). The customer approaches you at the front desk, but the customer doesn’t talk to you, rather her daughter start talking to you in English. Her daughter asked you where they can go to apply for assistance such as food and medical.

13. LEP scenario #2 • You are an intake caseworker a customer comes to your desk and in broken English. He starts requesting assistance for services and benefits. You understand part of what the customer is saying, but you are not sure if the customer understands you. The customer insists that he doesn’t need an interpreter.

14. LEP scenario #3 • Carlos’s daughter is under temporary custody by the county agency. During the court hearing caseworkers, Jane Doe and Mary Doe, learned that Carlos’s mother, Isabel, was interested in obtaining permanent custody of Carlos’s daughter. A Spanish interpreter was used during the court hearing to communicate with Isabel. • After the court hearing, Jane and Mary Doe, met with Isabel in three different occasions, during a period of about five months to discuss determination of eligibility for legal custody, home study, visitation arrangements, completion of vital documents (in English), etc.. Isabel’s daughter (18 years of age) was used as the interpreter for all the meetings and also for couple of telephone calls to the county agency.

15. LEP scenario #4 • Ms. Gonzalez has been receiving food stamps, cash assistance and Medicaid for her children. During a two year period Ms. Gonzalez met with the county agency staff eleven times and only in three occasions an interpreter was provided. Ms. Gonzalez’s daughter, who was 18 years old acted as the Spanish interpreter on eight different occasions. To expedite her request, the workers allowed her daughter to interpret for her. • Ms. Gonzalez received mail notification (in English) for renewing her benefits. Ms. Gonzalez did not understand the letter, therefore missed the appointments and also did not provide all the required documentation to renew her benefits. Ultimately the county agency cancelled all of her benefits.

16. Written Translations • Translate documents into regularly encountered non-English languages (when a significant number or percentage of the eligible population is LEP and needs the services or information)

17. Vital Documents • Application forms • Enrollment forms • Letters or notices about eligibility or any change in benefits • Anything that requires a response • Medical or discharge information

18. “Safe Harbors” • For each language group with fewer than 100 persons, the entity provides written notice of the right to receive oral interpretation of written materials in the primary language of the group.

19. “Safe Harbors” • All written materials are translated for each LEP group of 10% or 3000 (whichever is less) of the eligible population. • Vital documents are translated for each LEP group of 5% or 1000 (whichever is less) of the eligible population.

20. Notice of Language Assistance Examples: • Language identification cards/posters • Signs posted in non-English languages • Statements in non-English languages in brochures, outreach materials, etc • Telephonic messages in non-English languages • Public Service Announcements • Community outreach

21. Contact Information Bureau of Civil Rights 30 E. Broad St., 18th Fl. Columbus, Ohio 43215 (614) 644-2703