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 Hearing
Deeana Jang and Robin Runge

2. Learning Objectives
Be 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 Act
State Language Access Laws and State Disability-Rights Laws
Legal 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 Act
National origin discrimination includes language discrimination
Executive Order of 2000
Department of Justice LEP Guidance of 2002
Agency specific guidance and policy
DOJ
HHS
HUD

5. Title VI of Civil Rights Act of 1964
Prohibits federal funding recipients from discrimination based upon race, color or national origin
National origin discrimination includes discrimination based on language
ALL 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 encountered
Importance of the service
resources
Development of Comprehensive Written Policy on Language Access
Oral interpretation and written materials
Notice about free language access
Training of Staff
LEP policies and working with interpreters
Vigilant Monitoring/ oversight of language assistance program

8. Executive Order 13166
All 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 services
No 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 requirements
Offers 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 population
Frequency of contacts
The nature and importance of the program, activity or services
Resources 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 responsibilities
But even recipients  that serve LEP persons on an unpredictable or infrequent basis should have a plan to provide access
EX: 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 504
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. 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 accommodation
Failure 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 ability
Develop capacity to provide services in other languages
Establish new minimum standards for serving LEP clients
Devise language service protocols
Train staff
Provide notice of policy
Monitor compliance

17. ABA/SCLAID Standards for the Provision of Civil Legal Aid
Communication in the primary languages of persons served
Burden is on the provider, not the client to provide language access
Ties in ethical requirements of attorneys to ensure effective client communication
Echoes 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 Interpreters
Protecting client confidences is essential when working with an interpreter
Legal 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 Communication
Attorney must inform, consult, and advise the client
Must obtain facts from client accurately
Must dispense advise effectively
Attorney has the burden to ensure communication
Attorney 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 Assistants
Lawyer has a duty to ensure that non-attorneys comply with rules
Interpreters are included in confidentiality if he/she is staff or contractor of attorney
Consider 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 Assistants
Interpreter as agent of attorney
Privilege can be protected with interpreter present
Need to limit interpreter to agent and confident role
Danger Zone: Informal Interpreters – what if the interpreter is a volunteer?

22. ABA Model Rules of Ethics Confidentiality and Interpreters
Rule 1.6: Confidentiality
Interpreter ought to be bound by
Agreement or contract
By interpreter ethical standards
Informal interpreters raise issues because they are not under the attorneys control

23. Resources
for information about Title III of the Americans with Disabilities Act
for 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 Resources
OCR/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 Resources
U.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,