Language Access Service Providers

1. Language AccessService Providers

2. WHY: Ethical, Contractual and Legal Mandates • DHHS contract language • MaineCare regulations • Informed Consent

3. 1964 Civil Rights Act • Title VI • SEC. 601. No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

4. ADA • Under the ADA and the associated regulations, public accommodations and state entities are required to provide ASL interpreters, and other auxiliary aids, to ensure effective communication with deaf and hard of hearing individuals. Deference must be given to the deaf or hard of hearing individual’s choice of what auxiliary aid she or he needs. • 28 C.F.R. S28 C.F.R. S35.160 (b)(2) (NAD Law Center, 2002).

5. DHHS Language Access Policy • www.maine.gov/dhhs/policies/ • Language Access Policy- Word or Adobe • Lists of interpreters, referral agencies and bilingual staff • Confidentiality forms, waiver forms • WHAT’S YOUR AGENCY POLICY?

6. Language Access Resolution Agreement • Complaint filed with Federal DHHS Office of Civil Rights (OCR) 1994 • DHHS entered into RA to provide language access to all services 3/2006 • Reporting requirements • Feds are monitoring compliance.

7. DHHS is accountable for contractors’ failure to communicate effectively

8. Who, me? • All “Public accommodations” are required to make services accessible • Yes, even if it is a free service or on a sliding fee scale • Yes, even if it is a not-for-profit entity • Yes, even if it costs more for the interpreter than they earn for the service • (ouch!)

9. What is an Interpreter? • A neutral third party • with the requisite bilingual skills, • training in the process of interpreting and • knowledge of the content area in order to • effectively facilitate communication • between two or more parties who do not share a common language.

10. What is a Bilingual Worker? • Someone whose bilingual abilities have been verified… • and has training to do the job… • and can do the job in a language other than English… • and still do all the reporting and meeting-going required, in English.

11. An Interpreter is… • Language conduit • Bilingual • Screened as to language ability • A trained professional • Knowledgeable: interpretation process • specialized vocabulary • protocols for the situation/setting

12. An Interpreter is…. • “Invisible” • Friendly • Ethical • Impartial • Dressed appropriately • Required by law in many situations

13. An Interpreter is NOT • An advocate • An educator • A transportation service • Struggling to understand either language • A family member • A staff person (bilingual or not) with other duties (in certain circumstances)

14. An Interpreter is NOT • Merely bilingual • Uneducated, under 18, illiterate • A fellow client/consumer/patient • A participant, stakeholder or advisor • A friend of either party • Nosy or known as a gossip • Enmeshed in community affairs

15. Real time, as it happens in person, on the phone, Video-conferencing Simultaneous or Consecutive Written material Often done outside of a real-time event Opportunity to edit, proofread and perfect the translation Interpreter VS Translator

16. At best, interpreters are only second best Bilingual workers who can deliver services directly in the consumer’s language are always preferable

17. WHY • Language permits an individual to express both a personal identity and membership in a community, and those who share a common language may interact in ways more intimate than those without this bond • Hernandez v. New York, 500 US 352, 370, 1991

18. WHY “You can’t treat a mental problem if you don’t know the person’s home language. It would be like trying to remove my appendix without touching me.” - David Plourde

19. The interpreter considers both parties in the communication to be consumers of the interpreting services. Avoid saying the interpreter is “for” the limited English proficient person or “for” the deaf person.

20. The Weakest Link

21. You do not want “word-for-word” or “verbatim” interpretations Idiomatic interpretation conveys the same meaning, expressed in the natural form of the other language.

22. Conceptual Accuracy • Spanish: Tengo sueno • I have sleep • Aguaruna (Peru): Kanjang pujawai • My sleep lives • English: I am sleepy

23. Subtle Shades of Meaning Pain: • Ache, cramp, pins and needles, spasm, tenderness, soreness, tingling • Annoying, burning, constant, crushing, cutting, dull, gnawing, intermittent, numbing, sharp, shifting, shooting, sickening, stabbing, stinging, throbbing

24. Sign Language Interpreting • American Sign Language has no grammatical relationship to English. • By statute the official language of Maine’s Deaf Community. • It has no written form. • It is not universal. • Interpreters in Maine must be licensed and give you a “Disclosure paper”

26. Interpreter Code of Ethics • Confidentiality • Render the message faithfully, conveying the content and spirit of the speaker using the language most readily understood by the persons whom they serve • Do not advise, counsel or interject personal opinions • Accept assignments using discretion with regard to skill, setting and consumers involved

27. InterpreterCode of Ethics • Request compensation for services in a professional and judicious manner • Function in a manner appropriate to the situation • Strive to further knowledge and skills through participation in workshops, professional meetings, interaction with colleagues, reading literature in the field • Maintain high standards in compliance with the Code of Ethics

28. WhereDo I Find a Sign Language Interpreter • PINE TREE SOCIETY (PTS): Maine’s only not-for-profit sign language interpreter referral service, providing interpreters throughout the state. 885-0536 V/TTY • www.pinetreesociety.org • After hours emergency Augusta-south • interpreters for court statewide. • Video Relay Interpreting 24/7

29. WhereDo I Find a Sign Language Interpreter • CERTIFIED INTERPRETING (CI): 798-7995 V/TTY • www.certifiedinterpreting.com • The BANGOR INTERPRETING Agency based in Bangor, 862-2947 V – 24 hours, 862-4063 TTY ASL & spoken lang. • www.bangorinterpreting.com

30. Resources Resources: A Guide for People who are Deaf or Hard of Hearing http://www.maine.gov/rehab/dod/resource.htm

31. Who are the Limited English Proficient People in Maine? • Refugees • Immigrants • Migrant and Seasonal Farm Workers • Exchange Students • Tourists & campers • Business interests • Hospitality Industry

32. Refugees in Maine 1978-2007 Catholic Charities Maine Refugee and Immigration Services (RIS) resettled 10,000+ refugees from 20+ countries

33. Migrant and Seasonal Farmworkers in Maine • Primarily blueberry & broccoli harvests, apple picking, egg & sea cucumber processing, wreath making, and forestry – throughout the state. • Native Americans from Canada, Hispanics from Mexico and Central America, Haitians, and Jamaicans

34. “They” should be grateful to be here Interpreters will solve all of my cross cultural needs Misconceptions about Serving New Mainers

35. Maine is the whitest state

36. Somali Spanish French Arabic Acholi (Sudan) Khmer (Cambodian) Vietnamese Cantonese Russian Serbo-Croatian Top 10 Maine Languages spoken by LEP people

37. What our Maine neighbors speak: 100+ • Acholi, Amharic, Azande, Bari, Bengali, Chamorro, Dari, Dinka, Ewondo, Farsi, Gujarati, Kurdish, Lao, Luo, Malayalam, Mandinka, Marathi, Marshallese, Napali, Nuer, Oriya, Pashto, Punjabi, Tagalog, Tamil, Telugu, Tigrinian, Tshiluba, Urdu, and more…

39. Acculturation Process • Age • Educational level • Trauma • Health • Mental health • Desire to return to homeland

40. Requirements to be a Spoken Language Interpreter in Maine(This page intentionally left blank)

41. Why we should license all interpreters • Please sign me up for sign linguage interp.my name it is Xxxx Xxxxxxx from portland,maine I do speak 5 linguage,portugues,brasil spanish,frances and ingles.Thanks • Received via email, 2004

42. Hi,I have to leave close to 1.30Pm because, I have to pickup somoane on the hospital,so you will be send me te certificate of participation in the legal interpreter trainer.Thanks

43. No excuses! Telephone Interpreting: 24/7 Certified Languages International - 1-800-CERTIFIED; 1-800-237-8434 www.certifiedlanguages.com Language Line - www.languageline.com 1-800 874-9426 (Operator Access); 1-800 367-9559 (Automated Access) get a Client ID number and include in policy Pacific Interpreters 1-800-870-1069 (get an Access Code)

44. Demo, Tutorial, Complaints • To hear a recorded demonstration of over-the-phone interpretation, call our Demonstration Line: 1 800 821-0301 • Tutorial on use: http://www.languageline.com/training • Feedback/Complaints: http://languageline.com/page/voc/

45. Where Do I Find Spoken Language Interpreters? Language Access for New Americans (LANA) • An interpreter training, screening and referral source, under United Way of Greater Portland • 207.874.1000 F: 207.874.1007 • www.lanamaine.org • dhersom@unitedwaygp.org

46. Where Do I Find Spoken Language Interpreters? REFERRAL AGENCIES IN MAINE: • RISinterpret: Interpreters available in over 30 languages; requires 48 hours advance notice. Refugee and Immigration Services, Catholic Charities Maine. 871-7437 V; 871-7465 FAX

47. Where Do I Find ? • The Language Exchange, Inc.: Business meetings, conferences, translation, etc in 14 languages; Culture Awareness seminars. 772-0405 V; 775-7795 FAX www.translationservices.com • Maine S.A.F.E.: Interpreting, translating, Spanish classes. 634-3326 V; 634-5389 FAX e.mail: padoel@colby.edu • Bangor Interpreting: 862-2947 V, 24/7 www.bangorinterpreting.com

48. When Do I Need an Interpreter? • At every point of interaction with a person who has limited English proficiency: • Intake, assessment, planning meetings, treatment, in-home visits, medication reviews, check-ins, etc. etc. • Make and receive phone calls equal to the level of contact with English clients

49. But the kid is my client…and he speaks English ok • You still need an interpreter to communicate with the family members • Would you like service providers to talk to and assess YOUR kid without letting you know what they are doing/saying/hearing? • And then judge you for not complying, following though, or changing your parenting?

50. But the client’s kidspeaks English ok • You still need an interpreter to communicate with the client and possibly other family members • Would you like service providers to talk to your kid and assess YOU without letting you know what they are doing/saying/hearing? • And then make service/placement/life/death plans without your informed consent?