G1.14 Limited English Proficiency (LEP)

Introduction

​​​This policy establishes uniform standards and procedures to ensure that all individuals served by the agency have access to and the ability to participate in services, regardless of language or disability, and to comply​ with the Americans with Disabilities Act and Title VI of the Civil Rights Act.  ​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​

Practice Guidance

  • Spoken language interpretation services are necessary when language barriers create communication challenges between Cabinet for Health and Family Services (Cabinet/CHFS) staff and clients. It is federally mandated that communication with individuals with LEP is as effective as communication with others. Free and consistent language interpretation services for persons with LEP are part of the Cabinet's ongoing commitment to quality service and response to the needs of a diverse client population.
  • Google Translate or other similar translation applications are not an acceptable substitute for in-person interpreters. 
  • In some cases, a client may feel more comfortable with a family member or friend interpreting on his or her behalf. This is the client's right, but it is still important to ensure they have been provided with all information about their right to utilize a Cabinet-provided interpreter.
  • When a client opts to use his or her own interpreter, a CHFS-qualified interpreter must monitor the interaction whenever possible to ensure the interpretation is accurate. Under no circumstances should a client be encouraged or required to provide his or her own interpreter or to use a child as an interpreter​​​.
  • In-person interpretation and translation of written documents into another language follow separate procedures, and it is important that staff follow the correct procedures for each need. In-person interpreters cannot translate a written document, such as a safety plan, prevention plan, or aftercare plan, from written English to another written language. They can only verbally translate an English-written document to a client in the presence of staff.
  • Utilizing office signs will help to provide meaningful services to a client with LEP and help staff determine what type of interpretation services are needed. Staff may access signs and resources, such as "I speak" cards containing thirty-eight (38) languages or "Notice of Interpreter Sign", through the CHFS Language Access Section website.​
  • For additional information on the use of interpreters for those who are Deaf or hard of hearing, please see SOP G1.15, Access to Interpreters and Effective Communication for Those Who Are Deaf or Hard of Hearing​​
  • The Language Access Section (LAS), the Cabinet's internal agency that oversees the CHFS LEP program, provides lists of qualified interpreters, communication tools, and additional resources. These resources are available to Department of Community Based Services (DCBS) staff online through the websites linked in the documents section of this SOP.  LAS staff are also available to provide additional guidance to staff and may be contacted at:
275 E. Main St., 5 C-D
Frankfort, KY 40621
Telephone: (502) 564-7770





Procedure

​All DCBS Staff: 
  1. Utilize “I Speak” cards or resources on the LEP Office website to determine what type of interpretation services are needed;
  2. Inform clients with LEP of their right to utilize a Cabinet-provided interpreter free of charge to ensure access and participation in services;
  3. Document in the client file when a client chooses to use their own adult interpreter and use the Waiver of Interpreter Services - LEP form;
  4. Prohibit the use of a child for interpretation and never encourage or require a client to provide their own interpreter;
  5. Request participation of a CHFS-qualified interpreter to monitor the interaction, whenever possible, if a client wishes to use their own interpreter, to ensure the interpretation is accurate;
  6. Obtain a current list of qualified interpreters, including Cabinet staff members qualified to interpret and community partner interpreters, through the LAS Omter[retatopm Resources webpage or by contacting the LAS;
  7. Contact Language Services Associates, Interpretalk, to access interpretation services over the phone in over two-hundred sixty six (266) languages, twenty-four (24) hours a day, seven (7) days a week by dialing 1-866-712-2324 and provide the following to the coordinator:
    1. ​Agency/Pin Code: D736; 
    2. Your name; and 
    3. Your county.
  8. ​​Utilize Interpretalk for phone calls with client with LEP by making a three (3) way call and following the procedures above; 
  9. Obtain the original invoice from the individual interpreter or interpreting service following any services provided and upload the invoice into the Kentucky Invoice Tracking System (KITS) for payment; 
  10. Direct any invoicing-related questions to: 
    ​​CHFS Payables Section 
    275 E. Main Street 4E-A 
    Frankfort, KY 40621 
    Telephone: (502)564-8890​

  11. Obtain frequently used forms that have already been translated from the resource tab in the SOP manual.
  12. Obtain a translated version of any additional forms, not previously translated into the correct language for a client, by emailing the original document in editable format to CHFS.Translations@ky.gov​.
  13. Ensure any translated forms, especially notifications of findings, are dated with the date the letter was mailed or hand-delivered, rather than the date of translation, to ensure adherence to appropriate timeframes regarding the complaint process. 
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Revisions