Juvenile Assistance Corporation
Clackamas County Youth Gang Task Force
POLICY ON SERVING CLIENTS
WITH LIMITED ENGLISH PROFICIENCY (LEP)
A. Policy
1. Juvenile Assistance Corporation recognizes that many low-income individuals in its service area have limited English proficiency. Juvenile Assistance Corporation’s goal is, whenever practicable,
to offer and provide the same high quality of legal service to all of its clients and potential clients, regardless of their language and communication abilities. The Program Site Administrator
will be in charge of implementing the Juvenile Assistance Corporation’s policy for assisting clients with limited English proficiency. This policy will be called in short (the “LEP Policy”).
B. Assessment
1. At least once every two years, Juvenile Assistance Corporation will assemble an ad hoc committee to assess and recommend changes to Juvenile Assistance Corporation’s policy to make sure that
Juvenile Assistance Corporation is accomplishing its LEP Policy goal (the “LEP Committee”). The LEP Committee will include: service providers from other not-for-profit organizations within Juvenile
Assistance Corporation’s service area which regularly have a high level of contact with clients who have limited English proficiency and which have successfully implemented their own LEP policy;
representatives of client groups that have limited English proficiency; and one or more Juvenile Assistance Corporation attorneys and intake personnel who have frequent contact with clients who
have limited English proficiency.
A. Oral Language Interpretation
1. Juvenile Assistance Corporation is committed to assuring clear, confidential, two-way communications with all of its clients and potential clients. As part of this commitment Juvenile Assistance
Corporation will provide or collaborate through partner agencies trained and competent interpreters, whenever practicable, at each stage of representation where oral communication is needed. This
service will be provided at no charge to the clients. Juvenile Assistance Corporation’s preferred means of achieving this goal will be to employ or contract with case handlers and support staff who
are fluent in the major languages spoken by Juvenile Assistance Corporation’s clients and potential clients. Juvenile Assistance Corporation staff members who are working directly with a client are
not fluent in the client’s language, Juvenile Assistance Corporation will, when reasonably practicable; use an on-staff interpreter, preferably in person but, if necessary, by phone.
If no staff interpreter is available, Juvenile Assistance Corporation will use the services of a local collaborative partner/agency, or seek an interpreter service, which uses trained and tested
interpreters. To the extent possible, the interpretation will be conducted in person but, if necessary, it may be conducted by phone. If no local interpreter service is available, Juvenile
Assistance Corporation will, when practicable, use Language Line or a similar over-the-phone interpreter service.
2. Before any new staff interpreters are hired, they will be tested for competency in the languages in which they will do interpreting work. Juvenile Assistance Corporation will establish the
procedure for testing interpreter competency on or before June 30th, 2009 and incorporate it into this policy. All Juvenile Assistance Corporation interpreters will also successfully complete an
interpreter training within six months of beginning their employment with Juvenile Assistance Corporation or, for interpreters who are currently on staff, within six months of the date of the
adoption of this policy. The propriety of the interpretation method used by each Juvenile Assistance Corporation interpreter will be tested at least once every three years.
3. Before each interpretive session in which Juvenile Assistance Corporation uses a staff interpreter or a local interpretive service, the interpreter will sign, and read aloud in the client’s
language, the Interpreter Confidentiality Agreement, which is attached hereto as Exhibit 1. Juvenile Assistance Corporation will attempt to have all contract interpreters sign similar agreements
before each interpretive session, but this may not be possible with Language Line.
4. Except in extraordinary circumstances (e.g. in outreach sessions in rural areas, when there is no access to interpreters), Juvenile Assistance Corporation staff will not require clients to
provide their own interpreters or rely on friends or family members for interpreting services. If a client wishes to use the services of his or her own chosen interpreter rather than one provided
by Juvenile Assistance Corporation, the staff member working with the client will advise the client of his or her right to receive interpretation services free of charge. The client’s choice to use
his or her own interpreter will be noted in the client’s file. Depending on the circumstances, Juvenile Assistance Corporation staff may request that the client allow an interpreter provided by
Juvenile Assistance Corporation to be present during oral communications, in the event that the assistance of the interpreter is needed. As a general rule, Juvenile Assistance Corporation will not
use uncertified interpreters to interpret for clients after the initial client interview.
5. In all proceedings in all courts and administrative tribunals, Juvenile Assistance Corporation will assure that all clients who have limited English proficiency have a competent interpreter to
interpret the entire proceeding for the client and who will interpret in confidence all confidential communications that the client has with Juvenile Assistance Corporation staff during the
proceeding.
6. When Juvenile Assistance Corporation has successfully used an interpreter for a client; Juvenile Assistance Corporation will attempt to continue to use the same interpreter throughout the
representation of that client.
7. Juvenile Assistance Corporation will continue to develop a pool of volunteer interpreters and translators (the “Volunteer Pool”). Before Juvenile Assistance Corporation uses their services, all
new members of the Volunteer Pool will be tested for competency in the languages in which they will do interpreting work. All members of the Volunteer Pool will also successfully complete a
designated interpreter training (To be determined) or comparable interpreter training within six months of beginning their volunteer work with Juvenile Assistance Corporation or, for volunteers who
are currently working for Juvenile Assistance Corporation, within six months of the date of the adoption of this policy. The propriety of the interpretation method used by each member of the
Volunteer Pool will be tested at least once every three years. Keeping in mind the volunteer’s availability, Juvenile Assistance Corporation’s LEP Coordinator (Board Member and designated committee
will forward the names and contact information for all available Volunteer Pool members to all intake personnel for use.
8. Whenever an interpreter is used, the interpreter's name and a brief description of how the interpreter was used (e.g., hearing, deposition, client interview) shall be recorded in the file.
B. Translation of Written Materials
1. Juvenile Assistance Corporation will provide written translation or sight translation of vital documents (e.g., Retainer Agreement, Authorization for Release of Information, HIPAA Release,
Grievance Form, Closing Letter, Court Orders, etc.), whenever practicable for all of its clients. Preferably, letters drafted in the client’s language will be drafted by an Administrator who is
fluent in the client’s language of choice or reviewed by a supervisor who is fluent in the client’s language (a support staff member may use a form letter in the client’s language without
supervisory review, if the form letter is commonly used and has been previously reviewed by the supervisor). When the drafting Administrator and supervisor are not fluent in the client’s language,
the letter will be reviewed and translated back into English either in writing or verbally by a third-party contractor, who uses trained and tested translators.
2. When there is no Juvenile Assistance Corporation staff member available to translate the document, the translation will be done by a third party contractor who uses trained and tested
translators and who has the translation checked for accuracy by a second, independent translator.
3. Whenever sight translation of a document is provided for a client, the translator and document translated will be noted in the client’s file.
4. Juvenile Assistance Corporation will provide written translation in Spanish of its commonly used outreach materials. Juvenile Assistance Corporation will provide written notice on or attached to
all of its English language brochures, that sight translation is available by phone for the brochure (“For free translation call: [insert phone number]”). The notice will be in the Languages of the
Client Communities (as defined below).
5. Before they are hired, all Juvenile Assistance Corporation translators will be tested for competency in the languages in which they will do translation work. Juvenile Assistance Corporation will
establish the procedure for testing translator competency on or before June 30th, 2009 and incorporate it into this policy. All Juvenile Assistance Corporation translators will be tested for
competency in their translation service at least once every two years.
III. Making Clients Aware of Interpreter/Translation Services
1. The LEP Committee will determine the six most commonly spoken languages by low-income people, other than English, in and around the Clackamas County area and the three languages most commonly
spoken by low-income people, other than English, for the respective service areas that the Juvenile Assistance Corporation provides services. (These languages are referred to herein as the
“Languages of the Client Communities”). The LEP Committee will reassess the Languages of the Client Communities every two years. For each of the Languages of the Client Communities, Juvenile
Assistance Corporation will establish, to the extent feasible, a contact with at least one organization whose members are primarily speakers of that language in the service area of each Juvenile
Assistance Corporation office or with a not-for-profit service provider who provides extensive services to speakers of that language (the “Client Community Contacts”).
2. In all of its areas of programming and on its website, Juvenile Assistance Corporation will post and maintain clear and readable signs in the “Languages of the Client Communities”.
3. All certified Juvenile Assistance Corporation intake staff or interpreters will have “I speak” cards in the “Languages of the Client Communities”.
4. Juvenile Assistance Corporation will prepare a one to two page flier outlining the types of legal services that it provides and will translate this into the “Languages of the Client
Communities”.
5. Juvenile Assistance Corporation’s LEP Coordinator will track all of Juvenile Assistance Corporation’s efforts to make Juvenile Assistance Corporation’s clients and potential clients aware of
Juvenile Assistance Corporation’s interpretation and translation services.
6. Juvenile Assistance Corporation will make its interpretation and translation services available to contract attorneys and, to the extent practicable, to Volunteer Attorney Project attorneys who
accept Juvenile Assistance Corporation cases of clients with LEP.
IV. Intake Procedure for Non-English Speaking Applicants
1. When a client seeking legal services indicates that he or she speaks a particular language other than one in which the intake personnel in the office is fluent, the intake person will call a
Juvenile Assistance Corporation staff interpreter or Juvenile Assistance Corporation’s third party contractor for interpreter services to determine if an interpreter for the client is available
over the phone. If an interpreter can be reached immediately, the support staff supervisor will arrange coverage for the intake person, if necessary, so that the intake can be done at that time.
If an interpreter is not readily available, the Juvenile Assistance Corporation Staff worker will ask that the interpreter contact the intake worker as soon as conveniently possible to make
arrangements for the interpretation by phone. At the arranged time, the Juvenile Assistance Corporation staff worker will conduct a conference call with the applicant and the interpreter. At that
time, the Juvenile Assistance Corporation staff worker will process client, with the assistance of the interpreter. There will be flexibility with regular intake hours to accommodate the schedule
of the interpreter and the applicant. For example, if the applicant has a general problem, but Juvenile Assistance Corporation is providing services only for specific types of issues at the time,
Juvenile Assistance Corporation staff will still attempt to process the client while the applicant is in the office or on the phone.
When the necessary documents is complete, the intake worker will contact if available the appropriate intake paralegal who will make every effort to take the call at that time. If the intake
paralegal is not available, the Juvenile Assistance Corporation worker will contact the supervising attorney who will determine how to proceed.
If Juvenile Assistance Corporation staff worker personnel are unable to determine the applicant’s language of choice (after using “I Speak” cards and any other readily available methods), the
intake staff member will immediately contact Juvenile Assistance Corporation’s third party interpreter service to attempt to determine the appropriate language to use with the client and to begin
the process.
V. Staff Training
1. Juvenile Assistance Corporation Board committee will circulate this policy to all staff within 10 days after its adoption. Every two years, Juvenile Assistance Corporation will circulate the
revised policy to all staff after its adoption.
2. Within nine months of the adoption of this policy, Juvenile Assistance Corporation will seek to provide annual cultural competency training, including training in regard to this policy and the
appropriate use of interpreters and translators, to all staff who have regular interaction with Juvenile Assistance Corporation’s clients or potential clients. All new staff members will receive
cultural competency training within six months of the beginning of their employment with Juvenile Assistance Corporation. After their initial training, all staff members will receive refresher
training in cultural competency every three years.
VI. Monitoring Service to Clients Who have Limited English Proficiency
1. Juvenile Assistance Corporation intake personnel will record each client's and potential client’s language of choice on the client’s intake sheet. If the client has limited English proficiency,
the client’s language of choice will be clearly marked on the client’s file. Juvenile Assistance Corporation’s case management system will track the number of clients Juvenile Assistance
Corporation accepts and rejects by the client’s language of choice. This information, broken down by office and team will be considered as part of Juvenile Assistance Corporation’s biennial LEP
Policy review.
VII. Bilingual Staff
1. Juvenile Assistance Corporation shall consider second language proficiency, in a language commonly spoken by Juvenile Assistance Corporation clients or potential clients, as a preferred quality
when hiring new staff. Juvenile Assistance Corporation’s employee recruiting materials will clearly state that second language proficiency will be viewed favorably in Juvenile Assistance
Corporation’s hiring decisions. Juvenile Assistance Corporation will send notice of all job openings to the Client Community Contacts.
VIII. Statewide Coordination of LEP Work
1. In developing this LEP Policy, Juvenile Assistance Corporation will formalize collaborative effort s with other agencies and other not-for-profit organizations within its territory to develop
best practices for helping clients with limited English proficiency. Juvenile Assistance Corporation will continue to collaborate with these organizations and with other Oregon legal services
programs in the implementation and improvement of its LEP Policy.
2. Juvenile Assistance Corporation will share its LEP Policy and the documents and knowledge it develops in regard to LEP resources with other Oregon legal services organizations, and any other
not-for-profit organization that requests the information.
3. Juvenile Assistance Corporation will collaborate with other Oregon legal services programs to make the state legal services website accessible to individuals with limited English proficiency.
4. Juvenile Assistance Corporation will collaborate with other Oregon legal services programs to develop additional LEP resources that can be used by all of the Missouri legal services programs.
5. Juvenile Assistance Corporation will work with other Oregon legal services programs to identify LEP communities across the state and identify the needs of those communities, identify outreach
opportunities, and share expertise and resources to address the needs of those communities.