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Language Access Rights of Families with Limited English Proficiency

Language Access Rights of Families with Limited English Proficiency. Legal Obligation to Provide Access.

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Language Access Rights of Families with Limited English Proficiency

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  1. Language Access Rights of Families with Limited English Proficiency

  2. Legal Obligation to Provide Access NCCounty Departments of Social Services receiving assistance from the federal government must take reasonable steps to ensure that persons with Limited English Proficiency (LEP) have meaningful access to the programs, services, and information.

  3. Who has “limited English proficiency?” Individuals who do not speak English as their primary language and who have a limited ability to read, speak, write or understand English can be limited English proficient, or "LEP." These individuals may be entitled to language assistance with respect to a particular type of service, benefit, or encounter.

  4. What is the legal authority? • For recipients of federal financial assistance, the legal authority is Title VI of the 1964 Civil Rights Act • For recipients of federal financial assistance and federal agencies, the legal authority is Executive Order 13166

  5. Title VI of the 1964 Civil Rights Act • "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." 42 U.S.C. § 2000d.

  6. Agency Responsibilities • Each person has a legal right to the services of a interpreter at no cost to them. (Or the right to refuse those services.) • Agency should aid recipient to identify themselves as persons needing language assistance by using the “I speak card” http://www.ncdhhs.gov/dss/county/docs/ISpeakCards2004.pdf

  7. Interpretation Services Available” posters should be posted in area where points of contact in the program or activity where language assistance is likely to be needed, (i.e. lobby) http://www.ncdhhs.gov/dss/county/docs/LEP%20Rights%20Posters%20English%202013.pdf Identify the language needs of each LEP consumer and record the information in the clinical record. Use the DSS-10001 http://info.dhhs.state.nc.us/olm/forms/dss_vietnamese/dss-10001_VI.pdf

  8. Agency will link recipients needing language assistance with available resources: • • Bilingual staff; • • Staff interpreters; • • Contract interpreters; • • Telephonic interpretation services; • • Formal agreements with community volunteers;

  9. Complaints • If a recipient feels they have been discriminated, they can file a complaint, they can do this 3 ways: 1. Speak with the County DSS Civil Rights Officer 2. File a complaint with: North Carolina Department of Health and Human Services Division of Social Services Carlotta Dixon Civil Rights Coordinator 820 South Boylan Avenue 2401 Mail Service Center Raleigh, N.C. 27699-2401 (919) 527-6421

  10. 3.File a complaint with: DirectorOffice for Civil RightsU.S. Department of Health and Human Services200 Independence Avenue, S.W. Room 509F HHH Bldg. Washington, D.C. 20201202-619-0403 (voice) or 202-619-3257 (TTY) Director Mr. Carl-Martin Ruiz, Office of Adjudication, U. S. Department of Agriculture, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410

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