» Sample Generic LEP Policy Hispanic/Latino Coalition of Louisville: Providing a voice for the growing & increasingly diverse Hispanic Latino population in the Louisville Metro area.

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LIMITED ENGLISH PROFICIENCY (LEP) POLICY
OF
XXX
PROLOGUE

In 2004, XXX held three meetings of its ad hoc LEP committee, comprised of staff members from each office. The Committee was to perform an assessment of the needs of the LEP population and develop a policy so that those needs would be met. It was apparent that at least 5% of the client population in Lexington was Spanish-speaking and that while it was somewhat less than that in Covington; still a significant minority of the client population there was Spanish-speaking. It was also apparent that there were numerous other languages in our service area spoken by the LEP population, but none of them were anywhere near the 5% mark. At that time, there were no Spanish-speaking staff in our eastern offices nor or in our Lexington office. The Covington office had three Spanish speakers. The committee developed a short-term goal of hiring a paralegal who spoke Spanish and preferably an attorney who spoke Spanish for Lexington and to hire either a Spanish-speaking person in our eastern offices or have a voice mail line in the east that could be monitored daily by Spanish-speaking staff elsewhere. All of these goals were accomplished by early 2005 so that now the Lexington office has a Spanish-speaking attorney and paralegal, and in the east there is a Spanish mailbox that is monitored daily by off-site staff that speaks Spanish.

Another short-term goal was to train all staff in the use of “language line” and in working with interpreters. XXX accomplished this by the end of 2004. With respect to the foregoing LEP policy, XXX relied on studies performed by the office of XXX programs as well as the policy drafted by XXX.

A. Policy

1. XXX (XXX) is committed to delivering high quality legal services to clients regardless of language or cultural background. Language barriers prevent meaningful communication, thereby inhibiting the quality of service delivery to such clients.

2. XXX recognizes that many persons who seek its services are not proficient in
The English language. Many are “limited English proficient” (LEP) in that they
Are unable to speak, read, write or understand the English language at a level that permits them to interact effectively with XXX service providers, social service providers and other agencies, as well as individuals who are hearing or visually impaired.

3. It is the policy of XXX to ensure that all XXX clients who are hearing and/or
Visually impaired are provided free access to competent interpreters during consultations or case-related communications with XXX.

4. XXX will make a concerted effort to hire individuals who are fluent in the primary language of our client communities other than English.

B. Needs Assessment

1. XXX will periodically conduct a Needs Assessment to ensure that all low-income LEP groups are identified and are being served by the program.

2. XXX will review census data, statistics from local organizations, and XXX statistical data to assess the LEP community needs.

3. The XXX Needs Assessment will also be part of the program’s Priority Process.

C. Use of Interpreters

1. XXX is committed to providing trained and competent interpreters at each stage of representation where oral communication is needed, at no charge to the client.

2. It is the general policy of XXX not to rely on family members or friends to
Interpret for clients for several reasons: (a) this undermines the confidentiality
And privacy required of all representations; (b) they generally are not trained in
Interpreting; (c) they may not understand technical or legal terms; (d) there is a
Risk of bias in the interpretation process through intentional or inadvertent
Selective filtering; (e) and the presence of a family member or a friend may inhibit the open flow of information between the client and XXX staff, due to
Discomfort or embarrassment on the part of the client.
3. It is the policy of XXX to use its bi-lingual staff whenever possible. Bilingual staff members understand legal terminology, the confidentiality requirements of interpreting in legal matters and other ethical considerations. However, when bilingual staff is not readily available, other staff should make every effort to serve the clients by using language line, so that XXX can determine quickly what the client needs and so that the client need not wait an undue mount of time until bilingual staff is available.

4. Whenever a non-staff interpreter must be used for an in-house client meeting, s/he should also complete a Confidentiality Agreement.

5. When an interpreter is needed for a telephone communication with an LEP
Individual, XXX will use Language Line or another comparable telephone interpreting services.

6. Telephone communications with hearing impaired individuals shall be made available timely through the use of a relay service.

7 .At intake, staff will put the client’s primary language in their file and indicate in the notes if an interpreter is needed for client communications. The intake staff will also mark the outside of the client’s file with the primary language if it is not English. NOTE: Staff should use the language the client speaks rather than his or her country of origin.

D. Translations

1. XXX will post and maintain information in regularly encountered languages other than English that inform clients that free interpreters are available.

2. XXX will use language identification cards to allow individuals seeking services
To identify their language needs to staff.

3. XXX will provide oral translations of important documents through interpreters,
Free of charge to LEP clients.

4. XXX will provide free translations of counsel and advice letters sent to LEP
Clients. XXX staff will first provide counsel and advice in a meeting with the
Client and an interpreter. The counsel and advice will then be confirmed in
Writing in the client’s primary language.

5. XXX’s Retainer Agreement will be translated into the languages frequently
Encountered in our community. Staff will use the appropriate Retainer agreement for its LEP clients. If there is no translated Retainer Agreement for an LEP client, the interpreter will sight translate our English version Retainer Agreement for the client. The staff member will prepare a written statement signed by the client and interpreter verifying the translation was accurate and that the client understood.

6. Staff will ask the LEP client if the client has a preference of language for written
Documents. Some clients may be illiterate in their primary language.

E. Use of Forms with LEP Clients

1. Forms and court orders will not be mailed to LEP clients for completion or
Review. These forms include Retainer Agreements, records authorizations and
Information requests. XXX staff will schedule in-person meetings with LEP
Clients and an interpreter to review forms and obtain necessary information and
Signatures. This process assures that the LEP client fully understands the
information sought, that we obtain complete and correct information, and avoids
the use of family members or friends in these important and confidential matters.

F. Court and Administrative Hearings

1. XXX staff should contact the court or administrative officials to verify that an
Interpreter for LEP clients will be provided for any hearings or official
Proceedings.

2. Staff should determine if the court would permit the interpreter to interpret for the entire proceeding, including breaks and consultations with XXX staff during the proceedings.

3. If the court or administrative agency refuses to provide an interpreter, or limits the use of the interpreter, XXX staff should provide one.

4. The court will be advised when a client requires that an order or judgment be
translated into the client’s preferred language. The client should be consulted on
What language the order or judgment should use.

G. Staff Training

1. All staff will be trained in the use of interpreters, translators and language line.

2. Newly hired staff, students and volunteers will be trained in the use of interpreters, translators and language line during orientation.

3. Refresher training will be periodically conducted.

4. All staff will receive this LEP Plan, and staff will be trained in
The policies of XXX concerning assisting LEP clients and potential clients.

5. All staff will be trained in the program resources available to serve LEP
Populations.

6. Additional information about interpreting may be provided to staff throughout the
Year.
H. Oversight

1. The Advocacy Director will oversee the LEP Plan. Questions concerning the need for or use of interpreters should be directed to her.
2. Any changes or updates to the LEP Plan will be sent to all staff. Any
Recommendations for changes in the LEP Plan should be directed to the
Advocacy Director.

3. If a staff member discovers that an interpreter or a translator is not fluent in
English or the second language, that the interpreter is not interpreting accurately, or believes that an interpreter is having side conversations with the client, such person should be reported immediately to the Advocacy Director for follow-up.

4. Periodic assessments of the LEP plan and policies will be conducted as needed.

I. Out-Reach

1. XXX will identify LEP groups who may benefit from and be eligible for XXX’s services and the legal needs of the different groups.

2. XXX will provide community education and outreach for these LEP groups upon request.

3. Staff may also be called upon to conduct education on various legal topics.

J. Statewide Efforts

1. XXX will work with the other services organizations to develop best practices for helping LEP clients.

2. XXX will share its LEP resources with the other services organizations.

3. XXX will work with the statewide taskforce to develop additional LEP resources that can be used by all of the services programs.

4. XXX will work with the other 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.
________________________________
Executive Director
XXX
DATE