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Language Access Needs
County Policy
Per Section 21-115, Santa Clara County has a legal requirement to provide language-appropriate services to individuals with limited English proficiency and to individuals with disabilities. Further, the county has a policy on providing oral interpretation services and written document translations for clients with limited English proficiency.
Important: The client's language preference as noted on the application must be appropriately entered and documented in CalSAWS. Refer to the Application Registration topic in Clerical Handbook Chapter 8.
Refer to Interpreter Services for policy on the use of interpreters and Bilingual Languages Provided for policy on form translations.
County-specific client correspondence is available in translated languages spoken by five percent (5%) or more of the population served by DEBS or for Medi-Cal threshold languages as identified by DHCS. SSA provides translations that are available from the state.
Notice of Language Services (GEN 1365)
When state or county-specific correspondence is not available in the client’s language of preference, the Notice of Language Services (GEN 1365) is to be included with the English correspondence. The GEN 1365 informs the client to contact their worker if they do not understand the information in their correspondence and that they have the right to interpreter services provided by the county at no cost to the client.
Note: Staff must document in the CalSAWS Case Journal when this notice is manually generated and printed locally as CalSAWS Distributed Documents Search does not keep a history.
Office Lobby Posters
District Offices must place signs, including multilingual Interpreters Available posters in every office lobby at areas readily visible to clients, or windows and other points of contact that advise Limited-English Proficient (LEP) applicants and beneficiaries of their right to access free oral or interpreter services in their primary language and/or translated documents. All such signs must be clearly visible for clients to read. Some useful tools include posters stating that free interpreter services and translated material will be provided in many languages and language identification brochures are available from the various interpreter service vendors.
PUB 86 and Form AD 475B
The poster titled, Everyone is Different But Equal Under the Law (PUB 86) must be displayed in all district offices and posted in visible locations for clients. The poster And Justice for All (Form AD 475B) must also be displayed in all district offices and posted in visible locations for clients.
State Law
Under the California Dymally-Alatorre Bilingual Services Act, Government Code Section 7290 et seq., accessible at http://www.spb.ca.gov/bilingual/dymallyact.htm, a local public office or facility is required to translate materials explaining their services into languages spoken by five (5%) percent or more of the population they serve and to employ a sufficient number of bilingual persons to ensure access to Limited English Proficient individuals. These requirements are available within CDSS MPP Chapter 21.
Under Welf. & Inst. Code § 15926, all “forms and notices developed pursuant to this section shall be developed using plain language and shall be provided in a manner that affords meaningful access to limited-English-proficient individuals, in accordance with applicable state and federal law, and at a minimum, provided in the same threshold languages as required for Medi-Cal managed care plans.”
The state DHCS also requires the counties to translate certain forms, notices, and/or other written materials that must be used if provided by DHCS for those preferring non-English materials.
Staffing Needs Dashboards
DEBS generates monthly dashboards on public assistance families, which include information on individual language demographics. These dashboards are used to assist with language staffing needs.
Federal Law
Federal law 42 U.S. C. & 2000(d) require that SCCSSA provide meaningful access to LEP persons, which includes language assistance services, such as oral interpreter services and translation or written service, including translation of documents and forms to all LEP clients, regardless of how many LEP clients reside in the SCCSSA services area. Federal law, Reg. 47311-23 (August 8, 2003) prohibits discrimination based on national origin, including as it affects LEP individuals.
We Speak Your Language (SCD 2334)
The We Speak Your Language (SCD 2334) is to be readily available for non-English speaking individuals who are not able to communicate in English the purpose of the visit. If the individual approaches any point of contact, such as a Triage Desk, Greeter Station, or Front Desk, hereby defined as any Public Contact Informational Service Station, and staff is unable to communicate with or understand the visitor, staff is to provide the visitor with the SCD 2334 so that the visitor can point to his or her language, for assigned bilingual worker, or available bilingual worker, or volunteer interpreter to assist client. If there is no staff available to provide interpreter services in the visitor’s language, staff is to request interpreter services via the preferred interpreter services without undue delay to client. Lobby telephones must have dual handsets. Staff must place a high level of priority in identifying the visitor’s primary language to ensure that bilingual/interpretive services are prompt and without undue delay.
A telephone with dual handsets must be available at all lobby service windows and any informational station.