18 Miss. Code. R. 6-1-I-III
Pursuant to MDHS-DFCS policy, MDHS-DFCS is committed to providing competent language assistance at no cost and in a timely manner to LEP individuals to ensure meaningful access to and an equal opportunity to participate fully in the services, activities, programs or other benefits administered by MDHS-DFCS. This includes ensuring effective communication between MDHS-DFCS staff members, contractors, and/or sub recipients and LEP individuals.
MDHS-DFCS also recognizes that child welfare services are necessary for the protection of life and safety of children. To that end, MDHS-DFCS is committed to ensuring that children in mixed-status or immigrant households have equal and meaningful access to child welfare programs and services administered by MDHS-DFCS.
MDHS-DFCS shall identify the language and communication needs of the LEP person. Staff will use a language identification card and/or posters to determine the language. If the LEP person does not read or recognize any of the languages included in one of the methods described above, DFCS staff shall use a telephone interpreting service to identify the individual's primary language then contact the MDHS-DFCS interpreter assigned to their specific region for further assistance.
If an LEP individual requests an interpreter, one shall be provided. Under no circumstances shall a staff member deny a request for an interpreter based solely on whether an LEP individual can answer short questions by nodding or through the use of questions to which the answers are simply "yes" or "no". Regardless of the type of language assistance provided, the language assistance provider, bilingual/multilingual staff, contract/volunteer interpreter, language telephone interpreting service and/or community organization, shall be competent to interpret or translate.
The primary language of each LEP individual shall be documented in MACWIS and in a conspicuous location in the individual's record to alert staff that language assistance services must be provided. In addition, when records are kept of past interactions with clients or family members, the language used to communicate with the LEP person will be included as part of the record. Coordination between all MDHS-DFCS departments concerning language assistance needs will be handled through, but not limited to, telephone, email, or written communication.
To serve as an aid to the LEP population, "I Speak" cards have been developed for Spanish and Vietnamese speaking clients and are available to all county offices and are also posted on the DFCS connection website. These cards may be used by clients to introduce themselves to county staff and indicate their need to have interpreter services. The cards provide the person's name and a reference to Federal regulations regarding language assistance. As LEP clients are served in county offices, workers should provide the cards to these clients for future use when requesting services. See Appendix A.
MDHS-DFCS will inform LEP persons of the availability of language assistance, free of charge, by providing written notice in languages LEP persons will understand. At a minimum, notices and signs will be posted and provided in intake areas of all county offices and other points of entry. Notification will also be provided through one of the following: outreach documents, telephone voice mail menus, local newspapers, radio and television stations, and/or community-based organizations.
This includes emergency child protective encounters, in-home contacts, prevention services contacts, child visitation, and office visits. MDHS-DFCS may offer to schedule appointments for LEP individuals at specified times in order to minimize waiting times and to ensure the availability of appropriate qualified language interpreters, provided that the use of an appointment facilitates the provision of the language assistance and does not impede or delay the individual's access to benefits and/or services provided by MDHS-DFCS.
* MDHS-DFCS shall maintain an accurate and current list showing names, languages, phone numbers and hours of availability of every language assistance resource available to the workers. This list shall be posted in each county office and made available to all staff;
* Contacting the appropriate bilingual staff member to interpreter, in the event that an interpreter is needed, if an employee who speaks the needed language is available and is qualified to interpret;
* Keeping up to date and accurate lists of outside contract/volunteer interpreters if a bilingual staff interpreter is not available or does not speak the needed language.
Some LEP persons may prefer or request to use a family member or friend as an interpreter. However, family members or friends of the LEP person will not be used as interpreters unless specifically requested by that individual and after the LEP person has understood that an offer of an interpreter at no charge to the person has been made by the facility. Such an offer and the response will be documented in the person's file. If the LEP person chooses to use a family member or friend as an interpreter, issues of competency of interpretation, confidentiality, privacy, and conflict of interest will be considered. If the family member or friend is not competent or appropriate for any of these reasons, an MDHS-DFCS bilingual staff member will assure that competent interpreter services will be provided to the LEP person.
No minor or alleged perpetrator of the abuse and neglect will be used to interpret, if the family member or friend is not competent or appropriate under the circumstances, MDHS-DFCS shall provide interpreter services in place of or, if appropriate, in addition to the person selected by the LEP individual in order to ensure confidentiality of information and accurate communication.
The Mississippi Centralized Intake Unit (MCI) shall utilize their on call list of interpreters in order to assist LEP persons who need to make a report of abuse or neglect to MDHS-DFCS. Once the report is taken the MCI worker shall document in the report summary if the client is LEP and that interpreter services will be needed. The area social work supervisor and county worker shall then refer to the interpreter assigned to their region for further assistance.
MDHS-DFCS language assistance coordinator shall ensure that every county office is provided with a list identifying all available language interpreters that shall include their contact information, languages for which each interpreter is qualified, regions each interpreter is responsible for, and hours of availability.
MDHS-DFCS shall require that MDHS-DFCS staff interpreters and translators, bilingual/multilingual staff, interpreters from community organizations and contractors providing language assistance services, including interpretation and translation, are capable of competently performing their duties. Competency of language assistance service providers may be established by a variety of means including self-attestation of the interpreter after having reviewed the interpreter competency standards. Whether self-attestation or another means is used to establish competency, MDHS-DFCS shall take reasonable steps to ensure that the individuals providing the interpretation and translation are capable of facilitating effective communication between LEP persons and MDHS-DFCS.
MDHS-DFCS shall require that all applicable sub-recipients and contractors/volunteers are informed of the LEP requirements. MDHS-DFCS shall further ensure that contractors/volunteers who provide services directly to clients and applicants on behalf of MDHS-DFCS complete an individualized assessment corresponding to the requirements herein, including, but not limited to, the provision of language assistance services, training for staff, and complaint procedures. MDHS-DFCS shall provide information to and oversee the applicable sub-recipients and contractors as necessary to monitor compliance with these requirements.
Standards for interpreter competency shall include the following:
On an ongoing basis, MDHS-DFCS will assess changes in demographics, types of services or other needs that may require reevaluation of this policy and its procedures. In addition, MDHS-DFCS will regularly assess the efficacy of these procedures, including but not limited to mechanisms for securing interpreter services, equipment used for the delivery of language assistance, complaints filed by LEP persons, feedback from community organizations, etc.
Information is available to a client regarding complaint procedures. The forms are available in each county office and the DFCS Connection Website at http://dfcsmacweb/DFCSWEB/ and the MDHS Website at http://www.mdhs.state.ms.us/. All questions and complaints will be forwarded to the MDHS-DFCS Language Assistance Coordinator at the DFCS state office for review and response. See Appendix B English and Appendix C Spanish.
MDHS-DFCS shall not retaliate, intimidate, threaten, coerce, or discriminate against any person who has filed a complaint, assisted, or participated in any manner in the investigation of matters addressed in this policy.
MDHS-DFCS prohibits discrimination and/or the exclusion of individuals from its facilities, programs, activities and services based on the individual person's race, national origin, color, creed, religion, sex, sexual orientation, age, disability, veteran status, or inability to speak English. A notice of MDHS-DFCS non-discrimination policy will be posted in each county office.
To ensure effective language assistance and access to services, the MDHS-DFCS language assistance coordinator shall monitor the provision of language assistance services to LEP individuals. The monitoring program shall include site visits to offices that shall either be randomly selected or shall target offices which produce a disproportionate number of complaints about the adequacy of language services. The site visits will determine whether language assistance services are provided to LEP persons when they visit MDHS-DFCS offices or contact an office by telephone.
These site visits shall include:
On a statewide basis, the monitoring plan shall include:
MDHS-DFCS shall require that all applicable sub-recipients and contractors are informed of the LEP requirements and shall further ensure that contractors who provide services directly to applicants and participants on behalf of MDHS-DFCS complete an individualized assessment and implement a written policy corresponding to the requirements herein, including, but not limited to, the provision of language assistance services, training for staff, and complaint procedures. MDHS-DFCS shall provide information to and oversee the applicable sub-recipients and contractors as necessary to monitor compliance with these requirements.
MDHS-DFCS shall maintain a centralized record-keeping system that facilitates coordination between MDHS-DFCS programs, divisions, branches, and units and assures the ready availability of data regarding the provision of language assistance services to LEP individuals.
18 Miss. Code. R. 6-1-I-III