Section III Language Access and Equally Effective Communication Services

Intake Procedures / Identification of Need

DHS, its local agencies, and subrecipients must provide language assistance services and auxiliary aids and services at no cost to all constituents with LEP and/or SI, respectively, who are applying for or receiving services and benefits through its offices. The constituent’s primary language, method of communicating and special needs should be identified at all constituent contact points. Offices are to use qualified bilingual staff when available, the DHS “I Speak” flash card (see Attachment 3), or the appropriate qualified language interpretation vendors to identify the language assistance needs of LEP persons. (DHS staff refer to Attachment 6 for state-contracted vendors.) Identification also can be accomplished in one of the following ways:

  • Self-identification by the non-English speaker, LEP individual or companion.

  • Reviewing records of past Department interactions with the individual to determine whether an interpreter or translator was used.

  • Asking open-ended questions to determine whether the individual understands or can accurately respond in English or whether they need an auxiliary aid or service.

  • Asking the individual if he or she can speak the English language and his or her primary language or preferred method of communication.

    LEP individuals may be competent in English for certain purposes (e.g., speaking), but still be LEP for certain types of communication (e.g., reading, writing, or discussing medical, legal, or other complicated or highly specialized topics).

Staff are to respond affirmatively to LEP constituents that request language assistance services and SI constituents that request auxiliary aids or services or offer these services in advance if staff identifies a communication issue during the intake process.

For DFCS – When using Georgia Gateway: When using the worker portal within Georgia Gateway, DFCS staff have the option to select the preferred language of the constituent within the section “Demographic Information.” Staff may select one of the languages listed in the drop-down menu. Please note if “Other” is selected as a language, please specify the language in the space provided under “If other, specify”. If language is not known, it may be necessary for staff to identify the language before proceeding with the case to ensure appropriate language assistance is provided to the LEP constituent.

For a quick guide to provide meaningful access to LEP constituents and equally effective communication to SI constituents, please refer to:

Communication Assistance Resources

DHS, its local agencies, and subrecipients must take reasonable steps to ensure that an interpreter is present either by telephone or in person at all points of service delivery. Language assistance services for constituents with LEP and auxiliary aids and services for constituents who are SI are offered at no-cost by DHS and must be provided once the need for assistance has been identified. Language assistance services include qualified oral interpreters for languages other than English and written translations in other languages. Auxiliary aids and services include, but are not limited to, American and other sign language interpreters, materials in Braille and large print, and assistive listening devices.

DHS, its Divisions, and Offices will use the guidelines set forth in this section to utilize and evaluate state contracted language assistance services vendors and non-contracted vendors, when necessary. In all situations, DHS, its local agencies, and subrecipients will provide competent interpreters, translators, and other communication assistance in a timely manner and at no-cost to DHS constituents. If language assistance services and auxiliary aids and services are not secured, staff must document all attempts made to obtain an interpreter or provide the requested auxiliary aid or service for the LEP/SI constituent.

For a list of state contracted vendors, please see Attachment 6.

The DAS & DCSS LEP/SI Service Delivery Checklist is distributed and utilized by offices to provide meaningful access to constituents with LEP and equal opportunity for constituents with SI. Please see Attachment 7 for the DAS & DCSS LEP/SI Service Delivery Checklist.

For DFCS employees, please see Attachment 8 for the DFCS LEP Service Delivery Checklist.

Providing Language Assistance for Constituents with LEP

Interpretation Services

Three primary resources are available to provide qualified, competent interpretation services. They are:

  • Qualified telephone interpretation services

  • Professional, qualified on-site, in-person interpreters

  • Video Remote Interpretation (VRI)

DHS, its local offices, and subrecipients must provide qualified, competent interpreters when communicating with constituents with LEP. A qualified interpreter is a highly trained individual who mediates spoken communication between people speaking different languages without adding, omitting, or distorting meaning or editorializing. A qualified interpreter is competent to provide interpretation services at a level of fluency, comprehension, impartiality, and confidentiality appropriate to the specific nature, type, and purpose of the information at issue.

Qualified, competent interpreters are used in the following situations when communicating in the following situations with constituents with LEP. This list is not an exhaustive list:

  • When requested by a constituent

  • When requested by a service provider for a constituent with LEP and/or SI

  • When necessary to establish or maintain a constituent’s eligibility for DHS programs or services

  • When interpreter services are necessary to access public meetings sponsored by DHS or those under contract with DHS

  • When necessary for the constituent to access any service funded directly or indirectly by DHS

For tips on using interpreters, please see Attachment 9 Tips for Using Interpreters to Improve Service Delivery.

Use of DHS Bilingual Staff

Interpreter competency requires more than self-identification as bilingual. Bilingual staff and community volunteers who interpret for DHS may be able to communicate effectively with a LEP person directly in a language other than English but not be competent to interpret between their native language and English. Thus, DHS bilingual staff are prohibited from interpreting between two parties (i.e. LEP constituent and English-speaking person). If interpretation is needed for a constituent who does not speak English, a state contracted vendor for interpretation must be used.

However, DHS staff that speak a language other than English may qualify as a bilingual employee by taking and passing a language proficiency test offered by the contracted language testing vendor. Please see Policy 2002: Bilingual/Multilingual Temporary Salary Supplement (TSS) Testing Policy.

DHS staff that qualify as bilingual employees and receive the Bilingual TSS may communicate directly with the LEP constituent in his/her native language to provide meaningful access to services and programs offered by DHS.

Use of Family or Friends as Interpreters

DHS, its local offices, and subrecipients cannot require a person to bring someone to interpret for him or her and cannot require the constituent to use the free interpretation services. However, a companion may interpret for a person with LEP in only two situations:

  1. In an emergency involving an imminent threat to the safety or welfare of a constituent or the public, an adult or minor child accompanying a person may be relied upon to interpret or facilitate communication only when a qualified interpreter is not available.

  2. In situations not involving an imminent threat, an accompanying adult who is able to interpret may be relied upon to interpret or facilitate communication when a) the constituent requests this, b) the accompanying adult agrees, and c) reliance on the accompanying adult is appropriate under the circumstances. This exception does not apply to minor children.

Even under exception (b), staff must not rely on an accompanying adult to interpret when there is reason to doubt the person’s impartiality or effectiveness.

DHS, its local offices, and subrecipients are discouraged to use family or friends as interpreters. However, if a LEP person desires to use family or a friend as an interpreter based on the above conditions, they must do so at their own expense and only after staff remind the constituent that a qualified interpreter is available free of charge. DHS does not allow minor (under the age of 18) children to serve as interpreters.

When a constituent decides to use his/her own interpreter and declines the DHS provided interpreter at no cost, staff must utilize either an on-site or telephone interpreter to observe communication or to listen in, respectively, to ensure accurate interpretation from the constituent’s own interpreter. If issues of competency, confidentiality or conflict occur on the part of the constituent provided interpreter, staff must secure a qualified interpreter to assume interpretation responsibilities, even if an LEP person wants to use his or her own interpreter.

Translation of Vital Documents and Information

Vital documents and information on websites and online systems (i.e. online applications), must be translated either in writing or orally into languages needed by constituents. A vital document is paper or electronic written material that contains information that is critical for accessing DHS’ programs or activities or is required by law. Whether or not a document (or the information it solicits) is ‘‘vital’’ may depend upon the importance of the program or activity, information, encounter, service, or benefit involved, and the consequence to the LEP constituent if the information in question is not provided accurately or in a timely manner.

DHS, its local offices, and subrecipients must translate vital information using qualified, competent translators. A qualified, competent translator is a highly trained individual who is able to render text from a source language into a target language while preserving meaning and adhering to generally accepted translator ethics and principles, including confidentiality. For DHS and its local offices, when translation of vital documents is needed, each division will appoint a translation designee to make a request to a state contracted vendor for translations with supervisory approval and submit documents for translation. See Attachment 6 for DHS contracted translation vendors.

Copies of documents in languages other than English must be available to the public. These are generally documents, forms, and brochures such as applications, consent forms, letters containing information regarding participation in a program, notices pertaining to the reduction, denial, or termination of services or benefits, and notices advising constituents with LEP and/or SI of the availability of free language assistance.

To make a request of a translation of a document, DHS staff will need to contact their Divisional Translation designee. Please see Attachment 10 for the DHS Translation Request Procedure.

Notice to constituents regarding free translation services of vital documents is located on the Notice of Free Interpretation Services poster. Please see Attachment 14. This poster must be displayed in a prominent location within all DHS office lobbies and on applicable DHS/DFCS webpages. DHS’s subrecipients must also post notice of the availability of free language assistance services and auxiliary aids and services in a language and format that constituents can understand.

Services Provided Over-The-Phone

If services are conducted over the phone by DHS and its local offices with LEP constituents, an interpreter must be offered and provided either with an immediate callback with the interpreter on the line or by adding a three-way call with an interpreter. If calling the LEP constituent, the recommended practice is to have an over-the-phone interpreter on the line before contacting the LEP constituent. Staff may also call the over-the-phone interpreter first and the interpreter will create the three-way call if the constituent number is provided. Please see Attachment 6 Interpretation / Translation Service Vendors for over-the-phone interpretation vendor information.

When an LEP constituent leaves a voicemail message in their native language, staff will need to utilize the over-the-phone interpretation vendor to interpret the voicemail message received.

Providing Equally Effective Communication for Constituents and Companions With SI

(For DFCS, please refer to POL 3401 – ADA and Section 504 of the Rehabilitation Act Policy for matters concerning ADA/SI.)

Effective Communication Rule: DHS, its local offices, and subrecipients providing DHS services must ensure that communication with constituents with SI is equally effective as communication with people without SI. This applies to communications with applicants, participants and with their parent, spouse or companions in appropriate circumstances who have hearing, vision, and speech disabilities. A “companion” is a family member, friend, or associate of an individual seeking access to a service, program, or activity of a public entity, who, along with such individual, is an appropriate person with whom the public entity should communicate.

Primary Consideration Rule: Staff within DHS, its local offices, and state or local government agencies (public entities) with which it contracts are required to give primary consideration to the type of auxiliary aid or service requested by the person with the SI. Staff must honor that choice, unless they can demonstrate that another equally effective means of communication is available or that the aid or service requested would fundamentally alter the nature of the program, service, or activity or would result in undue financial and administrative burdens. If the choice expressed by the person with SI would result in an undue burden or a fundamental alteration, DHS and its local offices still have an obligation to provide another aid or service that provides effective communication, if possible, that would not result in an undue burden.

The decision that a particular aid or service would result in an undue burden must be made by a member of DHS leadership, a Department head at minimum, and must include a written statement of the reasons for reaching that conclusion.

Staff within DHS’s nongovernmental subrecipient agencies and public accommodations with which DHS contracts should consult with the person with SI whenever possible to discuss what auxiliary aid or service is appropriate. These subrecipients and Gateway Community Partners must provide an aid or service that will be effective, given the nature of what is being communicated and the person’s method of communicating, unless doing so would result in an undue burden. In which case, the subrecipient and the public accommodation must provide another effective aid or service, if possible, that would not result in an undue burden. DHS, its offices agencies, subrecipients and public accommodations must:

  1. Notify constituents with SI about the availability of reasonable modifications and auxiliary aids and services and how to request them in a format that they can understand.

  2. Provide auxiliary aids and services when needed to communicate effectively with constituents with SI at no cost to them unless doing so would result in a fundamental alteration.

  3. Take into consideration the nature, length, and complexity of the communication, as well as the constituent’s normal method(s) of communication when choosing an auxiliary aid or service.

  4. Use qualified interpreters and not require an individual with SI to bring another individual with them to interpret e.g., sign language interpreters.

  5. Limit the use of adult or minor child as interpreters to emergency situations involving an imminent threat to the safety of welfare of a constituent or the public when a qualified interpreter is not available.

  6. Only use an accompanying adult as an interpreter when a constituent requests this, the accompanying adult agrees to interpret, and reliance on the accompanying adult is appropriate under the circumstances.

  7. Require reasonable advance notice from constituent requesting aids or services, based on the length of time needed to acquire the aid or service but may not impose excessive advance notice requirements.

  8. Honor “walk-in” requests for aids and services to the extent possible.

  9. Ensure Video Remote Interpreting (VRI) technologies meet ADA performance standards (28 C.F.R. 35 and 28 C.F.R. 36.303(f).

  10. Accept telephone calls placed through TRS and VRS, and staff who answer the telephone must treat relay calls just like other calls.

  11. Train frontline staff on the requirements for communicating effectively with constituents with SI.

DHS, its local offices, and subrecipients cannot require a person to bring someone to interpret for him or her. However, if a person with SI chooses to rely on an accompanying adult to interpret for them, staff can rely on the accompanying adult to interpret in only two situations:

  1. In an emergency involving an imminent threat to the safety or welfare of a constituent or the public, an adult or minor child accompanying a person who uses sign language may be relied upon to interpret or facilitate communication only when a qualified interpreter is not available.

  2. In situations not involving an imminent threat, an adult accompanying someone who uses sign language may be relied upon to interpret or facilitate communication when a) the constituent requests this, b) the accompanying adult agrees, and c) reliance on the accompanying adult is appropriate under the circumstances. This exception does not apply to minor children.

Even under exception (b), staff must not rely on an accompanying adult to interpret when there is reason to doubt the person’s impartiality or effectiveness.

Communication with the deaf or hard of hearing is generally through sign language, video recording transmitter, a Teletypewriter (TTY) or a Telecommunications Device for the Deaf (TDD). Use of TTY/TDD services may be accessed through the Georgia Relay Service, 24 hours a day, 7 days a week by dialing: 711 or 1-800-255-0135 (for hearing callers) or 1- 800-255-0056 (for text telephones).

See Attachment 11 for a description of how to use the GA Relay Service, which is available for incoming and outgoing calls.

Communication with the visually impaired is generally through voice, Braille, large print, email (if they have accessibility software and screen-read devices), storage media, and other computer accessories.

See Attachment 9 for tips for using an interpreter to improve service delivery and suggested guidelines for sign language interpreters.

Auxiliary aids and services include, but are not limited to the following:

  • Qualified interpreters on-site or through video remote interpreting (VRI) services

  • Note takers

  • Real-time computer-aided transcription services

  • Written materials

  • Exchange of written notes

  • Telephone handset amplifiers

  • Assistive listening device and/or systems

  • Telephones compatible with hearing aids

  • Closed caption decoders

  • Open and closed captioning, including real-time captioning

  • Voice, text, and video-based telecommunications products and systems, including text telephones (TTYs), videophones, and captioned telephones, or equally effective telecommunications devices

  • Videotext displays

  • Accessible electronic and information technology

  • Or other effective methods of making aurally delivered information available to constituents who are deaf or hard of hearing

When DHS, its local offices, subrecipients or public accommodations use an automated-attendant system, including, but not limited to, voicemail and messaging, or an interactive voice response system, for receiving and directing incoming telephone calls, that system must provide effective real-time communication with constituents using auxiliary aids and services, including TTYs and all forms of FCC-approved telecommunications relay systems, including Internet-based relay systems. Reference 28 C.F.R. 35.161 and the Federal Communications Relay Service Consumer Guide: Telecommunications Relay Service.

Procurement / Contracting / Complaints for Communication Resources

Procurement and contracting of language access vendors is administered by the Department of Administrative Services (DOAS). While DHS may be involved in the procurement process for statewide contracts, DOAS will make the final decision of securing contracts with vendors. DHS will work to ensure that the standards and qualifications of interpreters and translators are met when procuring vendors for this purpose. If DHS establishes an agreement with vendors outside of statewide contracts, DHS will apply the standards and qualification for interpreters and translators. Please see Attachment 12 for standards and qualifications that will be used to secure contracts/service agreements with language access vendors.

If a language access/SI vendor fails to properly and/or adequately provide language assistance services or auxiliary aids and services to DHS staff for communication with constituents, DHS staff may file a complaint against the vendor either by submitting the Language Access/SI Vendor Feedback Form or contacting DOAS directly. For instructions on how to file a complaint against a vendor, please see Attachment 13: DHS Language Access/SI Vendor Feedback Form and Instructions.