LIMITED ENGLISH PROFICIENCY PLAN

A. Policy

1. Legal Aid of Arkansas (LAA) 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. LAA 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 LAA service providers, social service providers and other agencies, as well as individuals who are hearing or visually impaired.

3. It is the policy of LAA to ensure that all LEP individuals and/or hearing and/or visually impaired individuals who seek our services are provided free access to competent interpreters during consultations or case-related communications with LAA.

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

B. Needs Assessment

1. LAA will conduct a needs assessment annually, to ensure that all low income LEP groups are identified and are being served by the program.

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

3. The LAA needs assessment will also be part of the program’s priority process.

C. Use of Interpreters

1. LAA 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 LAA to not 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 friend may inhibit the open flow of information between the client and LAA staff, due to discomfort or embarrassment on the part of the client.

3. If an LEP individual insists on using a family member or friend to interpret for him/her, it should be documented in the client’s file that a free interpreter was offered and rejected. Staff should obtain a statement, signed by the client, that a free professional interpreter was offered, that the client waived the right to the interpreter and that the client understands that using a friend or family member may adversely affect the client-attorney privilege and confidentiality. If there is reason to believe the family member or friend will not be able to interpret effectively, staff should arrange for an independent interpreter to be present.

4. It is also the policy of LAA to use its bilingual staff whenever possible. Bilingual staff members understand legal terminology, the confidentiality requirements of interpreting in legal matters and other ethical considerations.

5. Whenever a non-staff interpreter must be used for an in-house client meeting, s/he should also complete an Assurance to Maintain Client Confidentiality.

6. When an interpreter is needed for a telephone communication with an LEP individual, LAA will use Language Line telephone interpreting services.

7. Telephone communications with hearing impaired individuals shall be made timely available through the use of the Arkansas state relay service.

8. At intake, staff will put the client’s primary language in Kemps 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 and not the country of origin.

D. Translations

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

2. LAA will use language identification posters to allow individuals seeking services to identify their language needs to staff.

3. LAA will provide oral translations of important documents through interpreters, free of charge, to LEP clients. Staff will document that document was translated orally to the client and the client understands what the document says. A statement documenting the sight translation should be signed by the staff member, client and interpreter.

4. LAA will provide free translations of counsel and advice letters sent to LEP clients. LAA will first provide counsel and advice orally with the client and an interpreter. The counsel and advice will then be confirmed in writing in the client’s primary language.

5. LAA’s Client Retainer Agreement will be translated into the languages frequently encountered in our community. Staff will use the appropriate Client Retainer Agreement for its LEP clients. If there is no translated Client Retainer Agreement for an LEP client, the interpreter will sight translate the English version of the Client 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. Translation of vital documents will be provided in large print or a recorded message for visually impaired individuals.

7. 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. Staff members should ask the following questions at the beginning of the representation:

a. Do you speak a language at home other than English? b. If so, what is that language? c. Do you read and write in this language? d. How well do you speak and understand English? Very well, well, not well or not at all?

E. Use of Forms with LEP Clients

1. Forms and court orders will not be mailed to LEP clients for completion or review if the client has indicated that they are unable to read and write in either English or their preferred language. These forms include Client Retainer Agreements, records authorizations and information requests. LAA staff will schedule in- person meetings with these 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 LAA obtains 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. LAA 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 will permit the interpreter to interpret for the entire proceeding, including breaks and consultations with LAA staff during the proceedings. 3. If the court or administrative agency refuses to provide an interpreter or limits the use of the interpreter, LAA staff will 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 and translators.

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

3. Annual refresher trainings will be conducted.

4. All staff will receive this Limited English Proficiency Plan, and staff will be trained the policies of LAA 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 LEP Coordinator will oversee the LEP Plan under the direction of the Executive Director. Questions concerning the need for or use of interpreters should be directed to the LEP Coordinator.

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 LEP Coordinator.

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 Executive Director for follow-up.

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

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

2. LAA will provide community education and outreach for these LEP groups.

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

J. Statewide Efforts

1. LAA will work with the Center for Arkansas Legal Services (CALS) to develop best practices for helping LEP clients.

2. LAA will share its LEP resources with CALS.

3. LAA will place LEP resources on the statewide legal services website.

4. LAA will work with CALS 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.