DPSS ePolicy

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

What changed?

1. Civil Rights Memo (CRM) 17-01, Language Services and CRM 17-02, Telephone Language Interpretation Services have been updated and combined to form one policy document.
2. Translated Voice Recording Request form implementation.
3. Language Services Access Usage Log is no longer required.
4. Language Identification Guide (Revised 11/2023) is added to this release.
5. Language Access Plan (LAP) implementation.
6. Interpretive services for linguistic variants and Indigenous languages were added to this release.

Title VI of the Civil Rights Act of 1964 and 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 Non-English (NE) speaking and Limited English Proficiency (LEP) population and individuals with disabilities.  The provision of bilingual/interpretive services shall be prompt without undue delays.

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 LAP and revised existing language related policies and practices.  The LAP along with this Language Access Services policy serve as a framework to ensure effective communication and equitable access to all programs, benefits, services, and activities.  This policy is in alignment with applicable federal, state, and local guidance and regulations governing language assistance requirements.

DPSS Non-Discrimination Policy

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 a meaningful opportunity to participate in all DPSS programs and services.

DPSS provides language assistance services free of charge and without undue delay to NE speaking and LEP individuals and persons with other communication challenges.  DPSS and its contractors are required to provide NE/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 DPSS threshold languages: Armenian, Cambodian, Chinese, Farsi, Korean, Russian, Spanish, Tagalog, and Vietnamese.  Forms, notices, and informational materials are translated into the threshold languages by the Civil Rights Section, Translations Unit staff who ensure accuracy in a linguistically sensitive and timely manner.  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 qualified human translator.

Language Interpretive Services

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

1. Verbal interpretation by County certified bilingual workers;
2. Telephone interpretation by a language interpretive services vendor;
3. In-person ASL, Spanish Sign Language (SSL), Mexican Sign Language (MSL) Certified Deaf Interpretation (CDI), tactile signing, and other Sign Language interpreters; and
4. ASL, SSL, and MSL Video Remote Interpreter (VRI) services.

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 NE/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 shall 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 should offer free language interpretive services and confirm the customer’s language preferences.  If thecustomer declines free interpretive services, 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 Hearings proceedings.

If staff do not speak the customer’s preferred spoken language, they should determine and utilize the most appropriate language service to assist NE/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 CalSAWS or 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 shall 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 “Interpreting Services Available” brochure 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

It is important to consider linguistic variants.  Linguistic variants are language variations, dialects, accents, and regional differences.  When assisting a customer with NE/LEP to ensure that the appropriate language access services are accessed/provided (e.g., 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 isimportant 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 qualified telephone interpretive service vendors to communicate with customers during in-person office visits, home visits, and telephone interactions.

Language Interpretive Services - Documentation Policy

All language interpretive services must be documented in the CalSAWS Journal or CMIPS II Notes during all methods of service delivery with customers.

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 AR 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 for ineffective communication related to the use of their own interpreter, and provided and completed the CR 6181.

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 three interpretive services providers, and include sindigenous 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 dissemination of information and ensuring 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 interpreter services to NE/LEP individuals by departmental staff must always be prompt and without undue delay.  The Department has a duty to communicate effectively with all NE/LEP individuals, this includes those who speak non-threshold languages.  For the purposes of compliance, a threshold language constitutes 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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