DTA CLARIFIES RIGHTS OF LIMITED ENGLISH SPEAKERS

DTA recently issued Field Operations Memo 2005-34 confirming its policy on the requirements for offering and using interpreter services for applicants and recipients of DTA services - including cash assistance, food stamps, EA, ESP services, etc. The memo also includes the English language version of DTA's revised Intepreter Brochure (other languages available). This updated guidance is effective August 1st.

The highlights:

• Anyone who does not speak English, or whose primary language is not English or who uses ASL, must NOT be turned away by a local DTA office nor told to return with his or her own interpreter. This includes front desk and reception staff as well as DTA workers.
• DTA must offer free translation services anytime a LEP client (Limited English Speaker) contacts them through walk in or by phone as well as scheduled appointments. DTA staff must use either DTA contracted interpreters or the Telelanguage language line when an interpreter is not "readily available".
• DTA may NOT require LEP clients to utilize family members. Children may not be used (although a child age 12+ may interpret to inform a LEP client of the date and time of a scheduled appointment).
• A LEP client has the option to use an adult family member or friend of her choice - after being informed of DTA available interpreter services. DTA staff are required to flag situations where an adult interpreter may appear incompetent in translation and/or presents a conflict of interest (e.g., confidentiality, negative treatment of the client, potential abuse) and must raise this with the LEP client using translation services (see p. 3).

If you hear of LEP clients who are not offered translation services in accordance with this policy, please contact Pat Baker at MLRI or Melanie Malherbe at GBLS.

-Adapted from e-mail from Patricia Baker, Mass Law Reform Institute

09/05