DPSS ePolicy

To revise an existing policy and/or form(s).

What changed?

1. This policy has been revised to align with All County Information Notice (ACIN) No. I-39-24 on providing services to individuals who are Deaf and Hard of Hearing.
2. Replaced the term "Non-English/Limited English Proficiency (NE/LEP)" with "LEP" to align with the language used by the State.
3. Included terminology from the On-Demand Interpretation and Translation Services (ODITS) Master Agreement.

Title VI of the Civil Rights Act of 1964 and the California Department of Social Services (CDSS) Division 21-115, requires County Welfare Departments to ensure that effective bilingual/interpretive services are provided to serve the needs of the Limited English Proficiency (LEP) population and individuals with disabilities.  The provision of bilingual/interpretive services shall be prompt and without undue delay.

On January 25, 2022, the Board of Supervisors passed a Board Motion directing Los Angeles County Departments to develop and submit a Language Access and Equity Plan.  As a result, the Civil Rights Section developed a departmental Language Access Plan (LAP), the Language Access Services Web Based training for all DPSS and contracted public contact staff, and revised existing language related policies and practices.  The LAP, Language Access Services training, along with this Language Access Services policy serve as a framework to ensure the provision of effective communication and equitable access to all programs, benefits, services, and activities for persons with LEP and communication disabilities.  This policy is in alignment with applicable federal, state, and local guidelines regarding governing language assistance requirements.

Non-Discrimination Policy

The Department of Public Social Services (DPSS) does not discriminate against any person because of race, color, ancestry, national origin (including language), ethnic group identification, age, physical or mental disability, medical condition, religion, sex, gender, gender identity or expression, sexual orientation, marital status, domestic partnership, political affiliation, citizenship, immigration status, genetic information, or any other applicable basis. Staff must ensure all customers have equal access and an opportunity to participate in all DPSS programs and services.

DPSS provides language assistance services free of charge and without undue delay to LEP individuals and persons with other communication challenges including hearing loss. DPSS and its contractors are required to provide LEP customers an equal opportunity to benefit from and have access to programs, benefits, services, and activities.

DPSS Threshold Languages and Translation Services

DPSS has identified the following nine threshold languages: Armenian, Cambodian, Chinese, Farsi, Korean, Russian, Spanish, Tagalog, and Vietnamese.  The Civil Rights Translations Unit translates all General Relief and Skills and Training to Achieve Readiness for Tomorrow (START) program forms, including applications, Notices of Action, and informational materials in all the departmental threshold languages.  When a notice or form is not available in the customer’s preferred written language, staff must provide the English version of the notice or form along with the GEN 1365, Notice of Language Services and offer to verbally translate the form by using any of the language interpretive services resources described in the following section.  If the customer requests a written translation, staff must request it according to the procedures herein.  All written translations must be performed by a certified bilingual translator.

Language Interpretive Services

DPSS offers free language interpretive services to LEP customers in their preferred spoken language or sign language using the following methods:

1. Verbal interpretation by County certified bilingual staff.
2. Telephone interpretation by a language interpretive service vendor.
3. In-person Sign Language, Certified Deaf Interpretation (CDI), tactile signing, cued-speech, and other Language interpreters; and
4. Video Remote Interpreter (VRI) services for Sign Language and other languages.

Note: While customers can choose to provide their own interpreter, DPSS must not require them to do so. A family member, friend, or other individual may be used as an interpreter only after DPSS has offered free interpretive services and the LEP customer has declined language assistance.

There is no hierarchy for using language interpretive services resources. The most appropriate language interpretive services resource that provides the best customer service without undue delay must be used.

Language Preference Identification

DPSS and contracted staff must review the customer’s preferred spoken and written language in the electronic case record or application before conducting interviews, home calls, and during telephone conversations to ensure effective communication.  At every point of contact, staff must offer free language interpretive services and confirm the customer’s language preferences.  If the customer declines free interpretive services, staff must assess during interviews or telephone conversations whether the customer is understanding and communicating effectively.  If the customer is not understanding, staff should again offer free interpretive services. This also includes pre-hearing communication for Appeals and State Hearing proceedings.

Staff must be reminded that there is no limit to the number of language preference requests or changes an individual can make, nor is there a specific deadline for submitting these requests.  Individuals experiencing recent hearing loss may have changing needs as they identify which auxiliary services work best for them.  Therefore, staff must be ready to respond appropriately to any new or modified requests as they arise.

If staff do not speak the customer’s preferred spoken language, they should determine and utilize the most appropriate language service to assist LEP customers without undue delay.  If immediate assistance by a certified bilingual worker is not readily available, staff must utilize telephone language interpretive services.

Language preferences for written and spoken communication may not necessarily be the same.  Therefore, staff must confirm the customer’s language preferences and input the information into California Statewide Automated Welfare System (CalSAWS) or the Case Management Information and Payrolling System II (CMIPS II).  The language preference questions on CalSAWS Individual Demographics page are mandatory entries that must be completed before case approval.  If, at any time, the customer changes their spoken and/or written language preferences, staff must input the new language preferences into CalSAWS or CMIPS II and document the new language preferences.

It is also important to differentiate between nationality and language.   Some customers may indicate their nationality or the country that they are from, but due to the many different languages and language variants spoken in some countries, the preferred language must be specified.  Never assume the customer’s language based on their identified race or nationality.

For example, when a customer is asked their preferred language, they may respond that they are Indian. Indian is not a language; it is a nationality, and the country has over 20 official languages.  The Language Identification Guide (Attachment I) or the PA 6279 Interpreting Services Available (Attachment II) flyer should be used to help the customer identify if they need a Bengali, Hindi, Punjabi, or other language interpreter.  Additionally, a telephone language interpreter may assist with identifying the customer’s language by providing the customer’s country or region of origin.

Please refer to Examples for additional scenarios.

Linguistic Variants

Linguistic variants are the distinct form of a language used by members of a specific regional or social group or their ancestors.  Linguistic variant or linguistic variation are often preferred terms over their synonym, dialect, because of the use of the Spanish term dialecto as a racist slur targeting people who speak Latin American Indigenous languages.  Linguistic variants are language variations, dialects, accents, and regional differences.  It is important to consider linguistic variants when assisting a customer with LEP, to ensure that the appropriate language access services are provided (e.g., A customer discloses that they are from Mexico and are not proficient in Spanish, reporting that their preferred language is Zapotec).  Additional examples are provided in Examples.

Indigenous Languages

Indigenous languages are not only methods of communication, but also extensive and complex systems of knowledge.  They are central to the identity of Indigenous peoples, the preservation of their cultures, worldviews and visions and an expression of self-determination.  Some of the Indigenous languages spoken in Los Angeles County include Zapotec, Mixteco, and K’iche’ among other languages.  It is important to identify Indigenous spoken languages and provide interpreters with language skills to effectively communicate program information and requirements.  This can be done by using any of the identified telephone interpretive service vendors to communicate with customers during in-person office visits, home visits, and telephone interactions.

Language Interpretive Services - Documentation Policy

Staff must document the following information in the CalSAWS Journal or CMIPS II Notes:

1. Free interpretive services were offered.
2. The customer accepted or declined free interpretive services.
3. Language interpretive services method, e.g., certified bilingual staff (include staff name), telephone interpretive services vendor (include vendor name), or customer’s own interpreter.  Please refer to AD 5898, American Sign Language Video Remote Interpreting Services for documentation template and examples of sign language interpretation services.
4. If the customer preferred to use their own interpreter, include that staff explained the potential problems of ineffective communication related to the use of their own interpreter, and provided and completed the CR 6181, Interpreter Services Statement and Confidentiality Agreement.

The Language Interpretive Services Documentation Template (Attachment IV) is available in the Eligibility Hub – Consistency Tool – Civil Rights folder.

Language Identification Guide

The revised Language Identification Guide (Revised 11/2023) (Attachment I) has been updated to include indigenous languages of K’iche’, Mixteco, and Zapotec.  The Language Identification Guide must be displayed in office reception areas.

DPSS complies with CDSS Division 21-107, which requires the dissemination of information to ensure that customers are advised of their right to free interpretive services.  When DPSS and contracted staff have information that a customer needs an interpreter, staff must offer and provide an interpreter at each contact.  As stated in All County Letter 06-20, Interpretive Services, DPSS’ obligation to provide interpretive services, may be met using a variety of methods, which may include certified bilingual staff and contracted interpreters, including telephone interpretive services.  The provision of bilingual and interpretive services to LEP individuals by departmental staff must always be prompt and without undue delay.  The Department has a duty to communicate effectively with all LEP individuals, this includes those who speak non-threshold languages.  For the purposes of compliance, a threshold language constitutes a customer’s primary language when that language represents 5% or more of the caseload for a given program or location.  Currently, DPSS required threshold languages are: Armenian, Cambodian, Chinese, Farsi, Korean, Russian, Spanish, Tagalog, and Vietnamese.

DPSS must ensure compliance with all provisions of Title VI of the Civil Rights Act of 1964, CDSS Division 21, Title II of the ADA, and the Resolution Agreement between DPSS and the Department of Health and Human Services Office of Civil Rights.

Department Language Interpretive Services policy must be incorporated into all department program procedures.

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