Interpreter Services

Staff must inform an applicant/recipient providing his or her own interpreter of potential problems of ineffective communication caused by using his or her own interpreter. Interpreters must be offered by the agency free of cost to the client, if the individual needs interpreter services. Refer to Interpreter Services Statement and Confidentiality Agreement, and Assistance from Third Parties in the Special Accommodations topic for additional information on client’s own interpreter.

Interpreter Services Requirement

The CDSS Manual of Policies and Procedures (MPP) Chapter 21 regulations require:

The provision of meaningful and effective language services to all applicants/recipients in their primary language without undue delay.
The county to offer and provide an interpreter at EACH client contact once the need for an interpreter is identified by the county or the client.
That applicants/recipients NOT be compelled or encouraged to use their own interpreters, and to explain to clients of potential problems for ineffective communication when using own interpreters.
That clients not use minors to interpret, unless under extenuating circumstances. Refer to Use of Minors as Interpreters for additional information.
That substantive, program-related conversations with the applicant/recipient shall NOT be conducted until qualified interpretive services are available.

Interpreter Services Documentation

The method(s) used to document compliance requirements per CDSS MPP Chapter 21 must be noted in the CalSAWS Case Journal. This ensures that the method used to provide interpreter services complies with federal and state laws, as well as civil rights requirements. It is essential for staff to document the language assistance services provided, and must be thoroughly documented in the Case Journal.

Using an interpreter who speaks a different dialect of the language could cause misunderstandings. To prevent this, the worker must confirm that the client understands the interpreter before continuing with the interview.

The State requires the following information to be documented in the Case Journal for each contact with the client:

The client was offered free interpretive services in their primary language.
The client's preferred language for both oral and written communications (these may not necessarily be the same).
The language that services were provided in.
Who provided the interpretive services (method in which interpreter services were provided) such as:
- The assigned caseworker is bilingual, or
- An outside contracted SSA language access interpreter (Name, company, identification number) acted as the interpreter, or
- A California Relay Services (CRS) Communications Assistant (Name or identification number) was used, or
- The client provided their own interpreter (Name, and complete Interpreter Services Statement and Confidentiality Agreement CR 6181), or
- A volunteer interpreter (Name) was used, or
- Another employee (Name) acted as the interpreter.

Additional considerations that must be documented in the Case Journal include:

A minor temporarily acted as an interpreter due to extenuating circumstances, with an explanation of those circumstances. Refer to Use of Minors as Interpreters for requirements and limitations.
Documentation that client(s) denied the county’s offer of interpreter service when offered and client insisted on providing their interpreter, and/or if SSA needs to provide one for them throughout the interactive process.
That the client was informed of potential problems of using their interpreter including:
- The possibility of ineffective communication,
- Inaccurate interpretations,
- The need to disclose private information to the interpreter.
County-provided interpretive services were offered when the client-provided interpreter was not available.
The client was informed of their right to accept county-provided interpretive services at any time, even when a client-provided interpreter is present.
The County provided interpretive services even when a client-provided interpreter was present.

Note: If staff determines that the client’s interpreter is not competent to provide quality and accurate interpretations, and/or issues of confidentiality, privacy, or conflict of interest arise; staff shall provide competent interpreter services and allow the family member or friend to remain as a client advocate.

Interpreter Services Statement and Confidentiality Agreement

To meet the confidentiality requirements for applicants/recipients when individuals other than agency employees or contracted language access vendors are used as interpreters, and to ensure compliance with CDSS MPP Chapter 21 State Compliance, an Interpreter Services Statement and Confidentiality Agreement (CR 6181) must be obtained.

The case record must be thoroughly documented in the CalSAWS Case Journal, to indicate:

The CR 6181 form was completed and signed by client and interpreter.
That client was informed of the potential problems for ineffective communication when using own interpreter, and
That free interpreter services were offered.

A copy of the CR 6181 must be Imaged into CalSAWS. The CR 6181 is available in English, Spanish, and Vietnamese in the DEBS Forms Library. Additional language translations are available on the CDSS website.

For additional information including sample documentation on the CR 6181, please refer to Assistance from Third Parties.

Note: The CR 6181 does not need to be completed when SSA language access vendors or other SSA contract staff are used. However, documentation that any interpreter services were used must be entered into the CalSAWS Case Journal.

Responsibility for Scheduling

Interpreter services will be requested by the person who is actually scheduling the appointment (i.e., SSA staff can contact any of the contracted SSA language access vendors).

Client's Own Interpreter Arrives

If the client arrives with his or her own interpreter, SSA should advise client that agency provides certified language interpreters. Refer to Use of Minors as Interpreters, Interpreter Services Statement and Confidentiality Agreement, Assistance from Third Parties, and Video Remote Interpretation (VRI) for additional information when using own interpreter.

Note: Staff are to follow all other procedures as if an interpreter had been requested, such as inputting entries in Case Journal and/or Special Circumstances.

Requesting Interpreter Services

SSA Staff must take the following actions to request interpreter services:

Determines interpreter services are required.
May select from any of the contracted SSA language access vendors. Refer to CyraCom, Global Interpreting Network, Hanna Interpreting Services, TransPerfect, or Video Remote Interpretation (VRI) topics for further guidance.

Use of Minors as Interpreters

It is Santa Clara County’s policy that the use of minors is PROHIBITED, unless used under extenuating circumstances. If a minor is providing interpreter services, this must be thoroughly documented in the Case Journal and the reason why a minor was used.

Examples of Extenuating Circumstances warranting the temporary use of a minor as an interpreter include, but are not limited to:

The worker telephones or visits the applicant/recipient’s home for initial contact and finds a non-English or limited-English speaking client. Under these circumstances, the minor can be used as an interpreter ONLY to determine the language of the client and to schedule a date and time to call/return with a county provided interpreter.
A non-English or limited-English speaking applicant/recipient comes to the office with a minor child who speaks English and the county does not immediately have access to a county provided interpreter in the applicant/recipient’s primary language. Under these circumstances, the minor can be used as an interpreter ONLY to schedule a date and time for the client to return to the office when a county provided interpreter will be available, and case comment entered to reflect the extent of the use of the minor to provide interpreter services.

Example Example Visitor speaks Gujarati. His 12 year old daughter accompanies him to the office. There is no immediate interpreter available on site. Staff calls CyraCom Interpreter Services to request a Gujarati interpreter who is available the following day. CalSAWS Case Journal documentation: “Client’s daughter informed her father that a CyraCom interpreter is available for the scheduled intake appointment.”

When a county employee encounters a health/safety issue, such as a car accident or crime scene, where immediate communication is imperative, a minor may be used temporarily UNTIL a qualified interpreter arrives at the scene or communicates with the applicant/recipient via phone, etc.

DEBS Language Access Vendor Complaint Form

Occasionally, DEBS staff may encounter issues using the contracted SSA language access vendors. To help address any difficulties, the DEBS Language Access Vendor Complaint Form (SCD 2619) must be used to identify and address complaints as soon as possible with the vendor. Complaints may range from excessively long wait times, disconnected calls by the interpreter, poor customer service, etc., and staff are encouraged to report any issues to the DEBS Program & Policy Bureau. Each vendor will investigate and address the complaint, and provide a corrective action response and resolution. The SCD 2619 is available on the DEBS Forms Library.