Communication Needs of Non-English Speaking Clients

0070-501.10 | Revision Date: 07/01/14

Overview

This policy guide reviews the requirements and responsibilities of providing effective bilingual and interpretive services to serve the needs of the non-English speaking population.

TABLE OF CONTENTS

Policy

Communication Needs

Procedure

Referral Language Assignment Criteria

CPH CSW Responsibilities

ERCP CSW Responsibilities

ER SCSW Responsibilities

Primary Language Determination

ER CSW Responsibilities

Client Provides Own Interpreter

CSW Responsibilities

Approvals

Helpful Links

Forms

Referenced Policy Guides

Statutes

Version Summary

This policy guide was updated from the 04/10/09 version, as part of the Policy Redesign, in accordance with the DCFS Strategic Plan. This policy guide incorporates content from Procedural Guide 0070-501.15, When Clients Provide their Own Interpreter, thereby cancelling that policy guide.  Also, the name of the policy was changed from Communication Needs of Clients to Communication Needs of Non-English Speaking Clients.

POLICY

Communication Needs

County welfare departments must ensure that effective bilingual and interpretive services are provided to serve the needs of the non-English speaking population. These services must be provided promptly and without undue delays. Clients may provide their own interpreters but are not required to do so. Minors may act, temporarily, as interpreters but only under extenuating circumstances or at the specific request of the client. This does not apply to interpretive services for persons who are deaf.  No conditional circumstances are necessary for minors to act as interpreters for someone who is deaf.

Whenever necessary, DCFS must make available bilingual staff, interpretive services, and audio and Braille materials. Audio and Braille materials can be obtained from the DCFS Civil Rights Compliance Office.

The methods used to provide the bilingual and interpretive services as described above must be documented. If a client provides his/her own interpreter, the following must also be documented in the case record.

• That the CSW obtained consent for the release of information

• A client’s acceptance or refusal of forms or written materials offered in his/her primary language

• That the CSW obtained a signed agreement that the interpreter agrees to keep all information confidential

• That clients were informed of the potential for ineffective communication with a client-provided interpreter

DCFS must obtain new signed confidentiality agreements and consent for release of information forms for all new client-provided interpreters. If the client uses the same interpreter during subsequent contacts, new agreements are not necessary.

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PROCEDURE

Referral Language Assignment Criteria

CPH CSW Responsibilities

1. During the phone interview, ask the caller what languages are spoken by each person involved with the referral.

2. Record each person’s primary language in his/her ID page of the CWS/CMS client notebook.

3. If any of the clients in the referral has a visual or hearing disability, document this in the Screener Narrative.

ERCP CSW Responsibilities

1. If referral is received after hours, make any initial assessments that require an immediate response, but then transfer the referral/case to a specialized language CSW for a more thorough assessment.

ER SCSW Responsibilities

1. Once the referral is assigned, review the Emergency Response document and check the Screener Alert section for each client to determine the language of the referral.

2. Make every effort to assign referrals to a CSW who speaks the primary language of the family. Resources available include:

• Spanish-speaking CSWs

• The Asian Pacific project

• The Deaf Service Unit

3. If there is no ER CSW available who speaks the family’s language, assign the referral to an English speaking ER CSW and review the Regional OfficeThe DCFS office that is responsible for providing services to the child, youth, dependent, or nonminor dependent. Usually, the office where the child's CSW is located. rosters to find a CSW who speaks the family’s language to accompany the assigned CSW on face-to-face visits.

1. Contact the CSW’s supervisor to request they accompany the assigned CSW to the initial contact and subsequent face-to-face visits with the family, whenever possible.

2. If the situation requires an immediate response, instruct the assigned CSW to proceed with the investigation and request that the bilingual staff accompany the assigned CSW on subsequent visits with the family.

4. If, after the initial face-to-face contact, it is determined that a different primary language should have been designated, transfer the referral or case as necessary to a CSW who speaks the family’s language for investigation and disposition.

1. Collaborate with that CSW’s SCSW to arrange to the transfer the referral.

Back to Procedure

Primary Language Determination

ER CSW Responsibilities

1. Complete the DCFS 485, Primary Language Designation Form for Parents/Legal Guardians/Children for the entire family and obtain the parent/guardian/relative caregiver/nonrelative extended family member (NREFM)/child’s (if applicable) signature on the form.

1. Every time a child is placed or re-placed with a relative/caregiver/NREFM, that person must sign a DCFS 485.

2. A new DCFS 485 must be completed and signed for every new person who is added to the case plan who does not have the same primary language as the other members of the case plan.

2. Make a determination regarding the family members’ primary language. If the parent, guardian or relative caregiver refuses to make a language self-declaration, document that on the DCFS 485.

3. Ensure that the correct language for each client on the referral/case is reflected in the Client Notebooks.

4. Document within the Contact Notebook, the method(s) used to provide bilingual services. For example: A bilingual CSW was assigned to the client.

• If a child (under 18 years old) is used as an interpreter, document the circumstances requiring temporary use of the child in the case record.

5. Document the client's acceptance or refusal of forms or other written materials offered in the individual’s primary language.

6. If the referral is promoted to a case and is being prepared for transfer to a regional CSW, ensure that the DCFS 4366, Case Transfer Check Sheet has the accurate language designation.

Back to Procedure

Client Provides Own Interpreter

CSW Responsibilities

1. If the client provides his/her own interpreter, use the DCFS 74A to document:

• The name, contact information and relationship of the interpreter to the client

• That the client was informed of the potential problems for ineffective communication when clients provide their own interpreter

• That the client consents to the release of case sensitive information to the interpreter

• That the interpreter agrees to keep the client’s information confidential

• That county-provided interpreters are available when the client’s interpreter is not available and the client may switch to a county-provided interpreter at any time

• The signature and date of client and interpreter

2. If the circumstances required temporary use of a minor as an interpreter, document this in the case record.

3. File the DCFS 74A on the left hand side of the Case Activity Record Folder.

4. Document in the Contact Notebook:

1. The method used to provide bilingual services, e.g., assigned worker is bilingual, other bilingual employee acted as interpreter, volunteer interpreter was used, or client-provided an interpreter

2. That the DCFS 74A was signed

3. The client’s acceptance or refusal of forms or other written material offered in the individual's primary language

Back to Procedure

APPROVALS

SCSW Approval

• Case Assignment

• Case Transfer

HELPFUL LINKS

Forms

LA Kids

DCFS 485, Primary Language Designation Form for Parents/Legal Guardians/ Children

DCFS 74A, Interpreter Usage and Consent for Release of Information

DCFS 4366, Case Transfer Check Sheet

Referenced Policy Guides

0600-505.12, Identifying and Documenting a Client’s Disability and Need for Special Services

Statutes

CA Civil Rights Regulations Div. 21-116.21 – Requires that a client’s acceptance or refusal of forms or other written material offered in the individual's primary language be documented in the case record.

CA Civil Rights Regulations Div. 21-116.22 – Mandates the County Welfare Departments (CWD) to document the method used to provide bilingual services.

CA Civil Rights Regulations Div. 21-116.23 – Mandates the County Welfare Departments (CWD) to inform applicants who provide their own interpreter of the potential problems for ineffective communication, and to document that applicants are so informed.

CA Civil Rights Regulations Div. 21-116.24 – Requires that consent for the release of information be obtained from applicants when individuals other than County Welfare Department employees are used as interpreters.

CDSS MPP Div. 31-201 – Requires social workers to complete an assessment for each child, which includes gathering and evaluating information relevant to the case situation and appraising case service needs.

CDSS MPP Div. 21, Section 115 – Mandates that County Welfare Departments (CWD) ensure that effective bilingual and interpretive services are provided to serve the needs of the non-English population and that the provision of these bilingual and interpretive services shall be prompt without undue delays.  Administrative practices shall not have the effect of denying non-English persons equal access to and participation in the available programs and activities.

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