Language Access Guidance Statutes

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Reynold Johnson
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1 9th Annual Domestic Violence Symposium UNDERSTANDING YOUR RIGHTS AND BEST PRACTICES FOR PROVIDING LANGUAGE ACCESS Seattle 2017 Language Access Guidance Statutes 1. Title Vi 2. Executive Order ADA 4. DOJ and Law Enforcement September 7 & 8, 2017 Page 1 of 15

2 Have you ever? Found yourself talking loud and slow? Used pantomime and hand gestures? Used a child to interpret? Used a family member to interpret? Used Babelfish? Google translator? Had an inexperienced interpreter? Who are Individuals with Limited English Proficiency (LEP) Individuals with LEP are those who do not speak English as their primary language and have a limited ability to read, write, speak or understand English. Deaf refers to an identity with its own culture, language, and diverse communities: deaf refers to a physical condition/impairment Deaf and Hard of hearing often understood as a disability issue, but it is also a language issue. September 7 & 8, 2017 Page 2 of 15

3 Title VI of the Civil Rights Act 1964 No person in the United States 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. Title VI of the Civil Rights Act 1964 Meaning : Government and government funded programs must provide meaningful access to programs and benefits to persons with limited English proficiency. September 7 & 8, 2017 Page 3 of 15

4 Why is this important to us? Liability DOJ investigations for civil rights discriminations Funding Protection for Officers Protection for Agency Protection for Citizens Community Policing Concept IT S THE RIGHT THING TO DO. IDENTIFIED NEED Informal interpreters issues Continuously searching for skilled interpreters Language line is extremely expensive ($192.00/62 minutes) and the dialects are not always compatible September 7 & 8, 2017 Page 4 of 15

5 WORKING WITH INTERPRETERS What s the difference? Interpretation vs. Translation Definitions Interpretation Process of orally rendering communication from one language to another language (interpreter) Translation Preparation of a written text from one language into an equivalent form in another language (translator) September 7 & 8, 2017 Page 5 of 15

6 The Interpreter s Job To render everything said in the source language, into the target language The Interpreter s Role To assist all persons in the administration of justice To place a non-english speaker on an equal footing as an English speaker. September 7 & 8, 2017 Page 6 of 15

7 Interpreters Categories: Certified tested through a valid and reliable process Qualified category for languages that certification does not exist but the interpreter has had training/experience. Language Skilled category for languages that do not have training or a qualification mechanism but a bilingual person can prove to the Court that they can competently communicate in the English and the other language. Modes of Interpretation Consecutive the process of orally rendering one language into another after the speaker has completed a statement or question. Simultaneous the process of orally rendering one language into another virtually at the same time that the speaker is speaking. Sight translation the rendering of material written in one language into spoken speech in another language. September 7 & 8, 2017 Page 7 of 15

8 Summary Interpreting What is summary interpreting? Is it permissible to use summary interpreting in Domestic Violence and Sexual Assault cases? Summary Interpreting Summary is not permitted! September 7 & 8, 2017 Page 8 of 15

9 Serving LEP clients Language is a mechanical tool Cultural competency/bi-cultural awareness Understanding of domestic violence within culturally specific frameworks Challenges Many languages do not yet have certified tests Cost of certified interpreters Qualified interpreters: Training Ethics and Professional Conduct References September 7 & 8, 2017 Page 9 of 15

10 Working Effectively with an Interpreter Pre-session with the interpreter : location; no prior relationship with the victim/batterer; neutrality and conflict of interest During the session Check for understanding: Check for cultural beliefs: Open ended questions: In your own words What do you think.. Describe What to I need to know September 7 & 8, 2017 Page 10 of 15

11 Working effectively with Interpreters: Control the interview Establish what your rules are How do you want the interpreter to interpret? Everything said by you and the LEP individual is interpreted (including false starts, mumbling, cursing, thinking out loud, etc.) Use a team of interpreters for events lasting more than two hours Explain and break down the legal system and legal concepts/do not give the interpreter any explanatory responsibility Spotting a Bad Interpreter Can you understand the interpreter? Does the LEP individual look confused? Does the interpreter appear confused? Is the interpreter engaging in side conversations? Is the interpreter summarizing? Is everything being interpreted? Is there a change in the individual s demeanor? September 7 & 8, 2017 Page 11 of 15

12 Prohibited roles Social worker Advisor Paralegal Counselor Advocate Friend Family members (except in limited or emergency situations)!!!!!! ONLY USE CHILDREN, FAMILY, FRIENDS, NEIGHBORS OR OTHER RANDOM PERSON TO GATHER NEEDED INFORMATION IN AN EMERGENCY SITUATION!!! Example: child interpreting for a DV case. September 7 & 8, 2017 Page 12 of 15

13 Field Examples Human Trafficking Case Afghanistan victim/farsi interpreter Human Trafficking Case Guatemalan victim/male interpreter/indigenous dialect RED MEANS HELP Intersection of domestic violence and foreign-born labour/sex trafficking crimes PPB call for action and public awareness resulting from a four year project/collection of HT survivors narratives and testimonials; Overcoming language barrier Non-verbal communication between a victim of HT and a first-responder Esperanza example September 7 & 8, 2017 Page 13 of 15

Red Means Help Resources /Asian Pacific Institute on Gender Based Violence U.S. Department of Justice Civil Rights Division/Federal Coordination and Compliance Section www.justice.

14 Red Means Help Resources /Asian Pacific Institute on Gender Based Violence U.S. Department of Justice Civil Rights Division/Federal Coordination and Compliance Section DOJ LEP toolkit cess_assessment_and_planning_tool.pdf Casa de Esperanza/National LEP Toolkit: September 7 & 8, 2017 Page 14 of 15

15 contact Officer Natasha Haunsperger Portland Police Bureau Cell: September 7 & 8, 2017 Page 15 of 15

Language Access Services

Language Access Services Strategies for Effective Language Access for the AAPI community Valerie Huang, MA, CHI, Language Services Program Manager Objectives Define language access and the role it plays