Greater Boston Legal Services (GBLS) recently submitted a report on rights violations of Limited English Proficiency (LEP) persons by DTA offices throughout Massa-chusetts. GBLS calls on the Federal Department of Health and Human Services' Office of Civil Rights (OCR) to ensure that its guidance to states sets at least minimum explicit standards to ensure LEP persons have meaningful access to federally funded services and benefits.

It is clear under the current guidance that DTA is obliged to provide an interpreter. But LEP persons are not adequately informed of this right and may be led to believe by omission or misinformation that DTA has no responsibility in this area. DTA offices have "I speak" cards. LEP persons can point at the language they speak to guide DTA staff in finding an appropriate interpreter. Staff should be aware and have adequate supplies of these cards.

GLBS has outlined minimum standards which they argue should be added to the guidance OCR provides to states:

• Give meaningful notice to LEP persons of their right to language services. - For meaningful implementation of the agency's language service requirements, meaningful notice to LEP persons, in writing and orally, of their right to an interpreter provided by the agency is essential.
• Obligation to provide language services. - Currently the Guidance suggests that in certain circumstances, recipient provided language services are not necessary. GLBS believes that this statement should be deleted and that all recipients should have, at a minimum, a plan for engaging a telephonic or other qualified interpreter when the recipient encounters an LEP individual.
• Provide competent interpreters and translators. - The current language in the Guidance only states that agencies should take reasonable steps to determine the competency of interpreters. Stronger language is required against the use of untrained interpreters, such as random agency staff persons, or a family member or acquaintance of the client.
• Bar the use of children as their parents' interpreter. - The Guidance should prohibit the use of minors as interpreters, except in truly exigent situations, such as medical emergencies, where there exists no alternative means of providing language assistance.
• Develop language access plans for staff in the case that interpreters or translators are not readily available. - The logistics of making interpreters available to applicants and in providing translated forms, notices, and other critical documents requires up front planning and coordination.
• Limit referrals to other agencies for the purpose of securing interpreters. - Instead referral to other agencies should only take place in situations where the client will receive equal services and will not experience transportation barriers or unreasonable delays in accessing the agency to which he or she is referred.
• Enforcement - OCR should investigate all complaints and reports and take a proactive stance through random compliance reviews in order to identify systemic violations that might otherwise be missed in the context of individual complaints.

GLBS has requested that anyone with additional stories of a violation of the rights of LEP persons contact them at 617-371-1234.