Presentation on theme: "Deeana Jang and Robin Runge"— Presentation transcript:
1 Deeana Jang and Robin Runge Standards of Practice for Legal Services for Victims of Domestic Violence who are LEP and/or Deaf and/or Hard of HearingDeeana Jang and Robin Runge
2 Learning ObjectivesBe able to identify, understand and incorporate the laws and policies regarding language access into your legal services
3 Sources of Guidance Title VI of the Civil Rights Act Americans with Disabilities ActState Language Access Laws and State Disability-Rights LawsLegal Services Corporation Guidance (Issues 12/04)ABA Standing Committee on Legal Aid & Indigent Defendants Standards of Practice for the Provision of Civil Legal Aid (Revised August 2006)ABA Model Rules of Ethics
4 Federal Requirements for Language Access Title VI of the Civil Rights ActNational origin discrimination includes language discriminationExecutive Order of 2000Department of Justice LEP Guidance of 2002Agency specific guidance and policyDOJHHSHUD
5 Title VI of Civil Rights Act of 1964 Prohibits federal funding recipients from discrimination based upon race, color or national originNational origin discrimination includes discrimination based on languageALL AGENCIES THAT RECEIVE FEDERAL FUNDING ARE RESPONSIBLE FOR COMPLIANCE
6 Title VI Requirements for LEP Language Access Under Title VI of the federal Civil Rights Act and federal agency regulations implementing Title VI, recipients of federal financial assistance have a responsibility to take reasonable steps to provide Limited English proficient (LEP) individuals with meaningful access their programs and activities.
7 KEYS to TITLE VI Compliance Assessment- frequency of languages likely to be encounteredImportance of the serviceresourcesDevelopment of Comprehensive Written Policy on Language AccessOral interpretation and written materialsNotice about free language accessTraining of StaffLEP policies and working with interpretersVigilant Monitoring/ oversight of language assistance program
8 Executive Order 13166All recipients of federal funding (including contract agencies) must provide language access to persons with Limited English Proficiency (“LEP”)Must ensure MEANINGFUL ACCESS to services applicants and beneficiaries.No difference in servicesNo unreasonable delay in services
9 Policy Guidance 65 Fed. Ref. 50123 The Department of Justice tasked with developing guidance for agencies“Enforcement of Title VI of the Civil Rights Act of National Origin Discrimination Against Persons with Limited English Proficiency: Policy Guidance”Spells out concrete requirementsOffers tips and guidance to agencies
10 Policy Guidance Must provide access to LEP individuals Agencies or entities conduct the following analysis to determine what is compliance:Number or proportion of LEP individuals served or encountered in the eligible service populationFrequency of contactsThe nature and importance of the program, activity or servicesResources available
11 What is the Number or Proportion of LEP Individuals in Your Service Area? Must include language minority populations that are eligible for programs or activities but may be underserved because of existing language barriers.How determine number of LEP individuals?Census data, data from school systems and from community organizations, and data from state and local governments.Community agencies, school systems, religious organizations, legal aid entities, and others can often assist in identifying populations for whom outreach is needed and who would benefit from the recipients' programs and activities were language services provided.
12 What is the Frequency of Contact with LEP Persons within your Agency? LEP persons contacting agency on a daily basis means higher responsibilitiesBut even recipients that serve LEP persons on an unpredictable or infrequent basis should have a plan to provide accessEX: being prepared to use telephonic interpretation services to obtain immediate interpreter services.Recipients should consider whether appropriate outreach to LEP persons could increase the frequency of contact with LEP language groups.
13 What is the Nature and Importance of the Program, Activity, or Service Provided by your Program? Will the denial or delay of access to services or information have serious or even life- threatening implications for the LEP individual?
14 ADA & Section 504Under 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. S (b)(2) (NAD Law Center, 2002).
15 Federal Law Requires Accessibility to Services for Persons with Disabilities Under the Americans with Disabilities Act legal aid and other service providers must be accessible to people with disabilities.These laws prohibit discrimination on the basis of mental or physical disability in places of public accommodationFailure to provide accessible facilities and services to disabled battered women may constitute a form of discrimination on the basis of disability because they do not have access to the same services and benefits.
16 Legal Services Corporation Guidance Provide equal services to all clients regardless of language abilityDevelop capacity to provide services in other languagesEstablish new minimum standards for serving LEP clientsDevise language service protocolsTrain staffProvide notice of policyMonitor compliance
17 ABA/SCLAID Standards for the Provision of Civil Legal Aid Communication in the primary languages of persons servedBurden is on the provider, not the client to provide language accessTies in ethical requirements of attorneys to ensure effective client communicationEchoes themes of LSC Guidance of comprehensive plan, capacity and protocols, and training and evaluation.
18 ABA/SCLAID Standards for the Provision of Civil Legal Aid Standard 4.3: Use of InterpretersProtecting client confidences is essential when working with an interpreterLegal services provider should assure that interpreters are aware of the responsibility to protect client communication
19 ABA Model Rules of Ethics Rule 1.4 – Client CommunicationAttorney must inform, consult, and advise the clientMust obtain facts from client accuratelyMust dispense advise effectivelyAttorney has the burden to ensure communicationAttorney has the obligation to understand what their client is saying and to ensure that their client understand what the attorney is saying
20 ABA Model Rules of Ethics Rule 5.3: Non-Lawyer AssistantsLawyer has a duty to ensure that non-attorneys comply with rulesInterpreters are included in confidentiality if he/she is staff or contractor of attorneyConsider need for policy or written pledge by interpreter promising not to render legal advice
21 ABA Model Rules of Ethics Rule 5.3: Non-Lawyer AssistantsInterpreter as agent of attorneyPrivilege can be protected with interpreter presentNeed to limit interpreter to agent and confident roleDanger Zone: Informal Interpreters – what if the interpreter is a volunteer?
22 ABA Model Rules of Ethics Confidentiality and Interpreters Rule 1.6: ConfidentialityInterpreter ought to be bound byAgreement or contractBy interpreter ethical standardsInformal interpreters raise issues because they are not under the attorneys control
23 Resourcesfor information about Title III of the Americans with Disabilities Actfor information about Title VI and implementation by federally funded organizations.for information about obligations to provide services to LEP individuals.
24 Federal Interagency LEP Work Group Know Your Rights brochure: (English, Spanish, Korean, Russian, Vietnamese, Russian, Cambodian, Arabic, Haitian-Creole, and Hmong)LEP Video: “Breaking Down the Language Barrier: Translating LEP Policy into Practice” (English, Spanish and Vietnamese; Chinese and Korean subtitles)
25 HHS ResourcesOCR/HHS:Trafficking Fact Sheets (Spanish, Polish, Russian and Chinese),(links to health information in English, Spanish, and Asian and Pacific Islander languages)Providing Oral Linguistic Services: A Guide for Managed Care Plans, Centers for Medicare and Medicaid Services,
26 DOJ ResourcesU.S. Department of Justice, Civil Rights Division,“LEP Resource Document: Tips and Tools from the Field,”Letter to State court administrators,Language Assistance Self-Assessment and Planning Tool,