G1.15 Access to Interpreters and Effective Communication for Those Who Are Deaf or Hard of Hearing

Introduction

This policy creates uniform standards and procedures to ensure all individuals served by the agency have access and ability to participate in services regardless of language or disability, ensuring compliance with the Americans with Disabilities Act.​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​

Practice Guidance

  • There is a wide range of language abilities and modalities among people who are deaf or hard of hearing. Individuals may use American Sign Language (ASL), other sign languages, gestures, speech, or a combination of methods. It is the responsibility of the Cabinet for Health and Family (Cabinet/CHFS) staff to determine a client’s specific language and to provide services that match communication needs. Staff are responsible for assessing communication needs and determining whether an ASL interpreter, another sign language interpreter, an assistive listening device, or another accommodation is needed for the individual(s) to fully access Cabinet services. 
  • ASL interpreters are used with individuals who sign. Division of Protection and Permanency (DPP) clients who are deaf or hard of hearing and do not sign should have access to other accommodations, including but not limited to assistive listening devices, note-takers, or computer-assisted real-time captioning (CART).​
  • Language dysfluency refers to the person's skill level with language and irregularities.
  • Clients must be provided a licensed interpreter at no charge to them for all points of contact with Cabinet staff. Due to a possible conflict of interest and varying levels of signing skill, family members or friends cannot be used. Only licensed interpreters shall be used. A cabinet employee may be utilized if they are licensed by the Kentucky Board of Interpreters for the Deaf and Hard-of-Hearing, and no actual or perceived conflict exists.
  • A child’s school ASL interpreter should only be used in an emergency or linguistically relevant situation due to the risk of an unethical and dual relationship. If an interpreter cannot be obtained and the child’s safety is immediately at risk, a school interpreter may be used. Similarly, if a child’s school ASL interpreter is more likely to interpret accurately than an interpreter who is not familiar with the child due to the child’s language dysfluency, that interpreter may be used. However, in all other situations an objective interpreter should be used. The SSW, interpreter, and school interpreter should consult as a team to determine how best to proceed with interpreting. 
  • All deaf and hard-of-hearing consumers or community partners should be offered access to communication through email or text message, if possible. Email or text message communication should be offered for the access of brief communication, such as the scheduling/rescheduling of home visits or appointments. Detailed or extensive meetings, such as case planning meetings should occur in person with an interpreter present.
  • ASL does not have a written format. For individuals who are deaf and need to sign forms, such as prevention plans, informed consent must be provided by providing access to an in-person interpreter to interpret the documents for them. 
  • Utilizing office signs will indicate the compliance of Cabinet staff to provide meaningful communication access during all points of contact, per federal law. Posted signs can also help to provide meaningful services to a client who is deaf or hard-of-hearing and help staff determine what type of interpretation services are needed. Staff may access signs and resources, such as "Notice of Interpreter Services" signs through the Translation and LEP Office Resources website.
  • When a child who is deaf or hard-of-hearing enters out-of-home care (OOHC), a communication assessment may be necessary. It should not be assumed that all deaf or hard-of-hearing children have the same communication needs.


Procedure

​All Department for Comunity Based Services (DCBS) Staff: 

  1. Access ASL interpreters to communicate with an individual who is deaf or hard-of-hearing and utilizes ASL for communication by:
    1. Creating a Kentucky Commission on the Deaf and Hard of Hearing (KCDHH) Portal Account (each worker who makes a request must have their own account). To create an account, the worker must visit https://kcdhh.requests.ky.gov/kcdhh/account-registration/agency​. This step only needs to be completed once.
    2. Logging in to the created account to make the interpreter/CART request (https://kcdhh.requests.ky.gov/kcdhh/login​) after a verification email has been received notifying of the "agency account registration".
    3. Contacting kcdhh.access@ky.gov  for questions or issues related to setting up or utilizing the account. 
  2. Access captioners for use with individuals who are deaf or hard-of-hearing but do not sign by: ​​
    1. Calling the KCDHH access center at 502-573-2604.  
    2. Utilizing the KCDHH listing of Kentucky CART providers to access captioner services after hours.
  3. Pay for interpreter or cationer services by: ​
    1. ​Obtaining the original invoice from the individual interpreter/captioner or interpreting/captioner agency and forwarding the invoice to the regional designee, who then uploads the invoice into the Kentucky Invoice Tracking System (KITS) for payment.
    2. Directing any invoice-related questions to:
      ​​CHFS Payables Section
      275 E. Main Street 4E-A
      Frankfort, KY 40621
      Telephone: (502)564-8890

  4. Consults with the EEO Civil Rights Compliance Branch if there are any questions regarding who is responsible for the payment of interpreting or captioning services when working with other public​ or private agencies involved by contacting: 
    EEO Civil Rights Compliance Branch
    275 E. Main St 5C-D
    Frankfort, KY  40621
    Telephone: (502) 564-7770​​
​The SSW: ​
  1. Notifies the deaf and hard-of-hearing liaison in DPP within ten (10) working days of a child who is deaf or hard-of-hearing entering OOHC to request a communication assessment. The liaison will contact the Department for Behavioral Health, Developmental and Intellectual Disabilities (DBHDID) and request that a communication assessment be completed;
  2. Documents the date of the assessment in the daily living conditions section of TWIST; 
  3. Utilizes recommendations from the assessment to coordinate communication services for the child.




Revisions


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