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ABA National Institute on Use and Integration of Interpreters in Civil Representation of Victims of Domestic Violence, S

ABA National Institute on Use and Integration of Interpreters in Civil Representation of Victims of Domestic Violence, Sexual Assault, and Stalking. Gillian Dutton Northwest Justice Project Seattle, Washington How to Effectively Establish Language Access at Your Organization. Topics.

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ABA National Institute on Use and Integration of Interpreters in Civil Representation of Victims of Domestic Violence, S

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  1. ABA National Institute on Use and Integration of Interpreters in Civil Representation of Victims of Domestic Violence, Sexual Assault, and Stalking Gillian Dutton Northwest Justice Project Seattle, Washington How to Effectively Establish Language Access at Your Organization

  2. Topics • History in Washington State • Demographics • Legal Requirements to Provide Services • Interpretation/Translation Issues • Bilingual Staff • Interpreters • Translation of Documents • Training • Outreach and Advocacy • LEP Systems

  3. History of Legal Services Work on LEP Issues • Office for Civil Rights Complaints • Reyes Consent Decree • Interpreter Certification • Court Interpreter Requirements • Refugee and Immigrant Advocacy Project • Washington State Coalition for Language Access

  4. 5 Steps • Determine language need • Train staff on legal requirements and how to work with interpreters • Establish systems: bilingual staff, interpreters, telephonic contract • Establish systems for translation (documents, publications etc.) • Monitor and improve

  5. Step 1 Determine language need • Census data • www.mla.org • School district data • Client data

  6. Demographics: Immigrant Population in Washington State • 90% of recent immigrants coming from non-English speaking countries • Over 631,500 immigrants in Washington State (2005) • 10.3% of the state population (2005) • Immigrant pop. Age (1999) 7% 0 to 17 22% 18 to 24 46% 25 to 44 13% 45 to 64 11% 65+

  7. School District Statistics (2002) • 181 Languages spoken statewide • 62% Spanish speaking • Additional 24% concentrated in seven other languages • Seven other languages spoken by at least 1000 students (Russian, Ukrainian, Vietnamese, Korean, Cambodian, Somali and Tagalog) • 21 districts served over 1000 LEP students • 22 districts had at least 25% LEP students

  8. Plan for change . . . • Steady growth of Spanish speaking residents • Bosnian, Somali (and other East African languages) and Ukrainian are growing • Vietnamese, Cambodian and Lao continue to decline • Spread of multiple languages out of western part of the state, e.g. Spokane, Richland, Central Kitsap, Kennewick serve more than 20 languages

  9. Avoid assumptions • Cape Flattery school district has 178 Makah speaking students • Central Kitsap has Finnish, Arabic, and Gujarati among its 20 languages • Colville has 22 Russian speakers in its schools, Moses Lake 2 Swahili speakers • Kennewick has Mandingo, Yoruba and Kakwa among its 20 languages • Longview has Thai, Tongan and Gujarati among its 16 languages

  10. NATIONAL DEMOGRAPHIC IMPERATIVES

  11. Limited English Proficient Clients • 21 million LEP’s (2000 census) • 8+% of population • 50% increase from 1990 • Sharp growth in non-traditional states and localities

  12. Step 2 Train staff on legal requirements and how to work with interpreters • www.lep.gov • Use in advocacy (government agencies, courts, etc)

  13. Definition of LEP • Persons 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.” • Because of language and cultural differences, LEP individuals are often delayed or denied equal access to and participation in policies, programs, services, and benefits

  14. ABA Standard of Practice 1.7 for LEP Clients • Comprehensive Language Access Plan • Provide services in LEP client’s primary language

  15. Standard 1.7 Bases • Demographic imperatives • Funding requirements • LSC Guidance • Title VI • Ethical issues

  16. Review of the Law: TITLE VI and Executive Order 13166 • Under DOJ regulations implementing Title VI  of the Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq. (Title VI),  recipients of Federal financial assistance have a responsibility to  ensure meaningful access to their programs and activities by persons  with limited English proficiency (LEP). See 28 CFR 42.104(b)(2). 

  17. Title VI and the Executive Order (CONT’D) • Section 601 of Title VI of the Civil Rights Act of 1964, 42 U.S.C.  2000d, provides: that no person 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.''

  18. Title VI and the Executive Order (CONT’D) • Department of Justice regulations forbid recipients from ``utilizing criteria or methods of  administration which have the effect of subjecting individuals to  discrimination because of their race, color, or national origin…” 28 CFR 42.104(b)(2).

  19. Title VI and the Executive Order (CONT’D) • WHO IS COVERED? Law requires all recipients of Federal financial assistance from DOJ to provide  meaningful access to LEP persons. Executive Order 13166 signed August 11, 2000 extended requirements to federal agencies

  20. FACTORS TO DETERMINE COMPLIANCE: • The number or proportion of non-English speakers served or encountered in the eligible service population • The frequency with which non-English speakers come into contact with the program • The importance of the benefit, service, or information to non-English speakers • The resources available to the recipient and the costs of service

  21. COMPLIANCE TOOLS • Developing a Comprehensive Written Policy • Determining and Tracking Language Needs • Training and Competency Protocols • Monitoring and Evaluating Language Needs

  22. Step 3 Establish systems: • Notification to clients of services • Bilingual staff • Interpreters • Telephonic contract

  23. Factors to consider • Staff lack of understanding of language skills • Ignorance of interpreter role • Systems for tracking, requesting and reimbursing • Interpreter quality and confidentiality • Technology (hotline, 3 way call/speaker phone) • Need for assessment of staff skills • Adequate access to interpreter resources

  24. Step 4 Establish systems for translation • Client File Documents (retainer, release, etc.) • Letters and Legal Documents • Advice and Self-Help Publications • Outreach Materials

  25. Factors to consider • Efficiency of translation • Accuracy of translation (dialects, regions) • Brochures versus advice letters, legal documents • Plans for additional materials • System for updating and editing translated materials

  26. Step 5 Monitor and Improve

  27. Factors to consider • Increase in LEP clients served • Increase in bilingual staff • Cultural competence • Incorporation into training • Development of materials and manuals • Development of additional resources

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