Ala. Admin. Code r. 262-X-13-.01

Current through Register Vol. 42, No. 10, July 31, 2024

Section 262-X-13-.01 - Persons With Limited English Proficiency

Purpose: The ACVCC is committed to providing all victims/claimants with meaningful access to its services. The ACVCC shall provide at no cost to the victims/claimants, timely and accurate language assistance and communication assistance to persons with limited English proficiency (LEP). Language assistance will likely be needed during the submission of the application, claim investigation and appeal hearing. The ACVCC is committed to providing language assistance without delay, at every contact point.

(1) Definitions:

(a) Limited-English-Proficient Persons: Individuals with a primary or home language other than English who must, due to limited fluency in English, communicate in that primary or home language if the individuals are to have an equal opportunity to participate effectively in or benefit from any aid, service or benefit provided by the ACVCC.

(b) Appropriately trained:

1. Proficiency in both English and the language spoken by the LEP individual;

2. Orientation or training that includes the ethics of interpreting; and

3. Fundamental knowledge in both languages of specialized terms and concepts.

(c) Vital documents: Documents that individuals applying for compensation benefits must understand, respond to or complete in order to access the crime victims compensation program. Vital documents also include documents that inform the victim/claimant of his/her rights.

(2) Language Assistance Procedure

(a) Oral Language Interpretation

1. ACVCC will provide competent interpreters and other language assistance in a timely manner.

(b) Interpreter Sources: ACVCC will use a variety of resources that include:

1. Outside interpreter services;

2. Voluntary community interpreters who are trained and competent in the skill of interpreting;

3. A telephone language interpreter service.

(3) Certified/Qualified Interpreters: The ACVCC does not certify individuals as interpreters. However, any person may serve as an interpreter for LEP persons if the individual meets the following requirements:

(a) The individual has been certified pursuant to 28 U.S.C. § 1827(B)(1) or found to be otherwise qualified pursuant to 28 U.S.C. § 1827(B)(2) in the LEP individual's primary or home language by the Director of the Administrative Office of the United States Courts; or

(b) Is currently certified by any state, regional or national interpreting association, board or body as proficient in the LEP individual's language.

(4) Non-Certified Qualified Interpreters: ACVCC recognizes that a victim/claimant may choose to utilize the services of an interpreter who is not certified, such as a family member or friend. When this occurs, ACVCC will ensure informed choice by taking the following steps:

(a) ACVCC will inform the victim/claimant that the agency will provide an interpreter at no cost to the victim/claimant.

(b) If the victim/claimant makes an informed choice to use an interpreter who is not qualified, ACVCC will have the victim/claimant sign a form documenting that choice.

(c) The interpreter will sign an acknowledgement of his/her responsibility and provide an oral translation of the informed choice statement to the victim/claimant.

(d) These actions will be documented in the victim's/claimant's file with copies of the signed documents.

(e) ACVCC will utilize the services of a qualified interpreter to ensure accurate interpretation, when the victim/claimant's chooses to utilize the services of a non-certified qualified interpreter.

(5) Translation of Written Materials

(a) ACVCC shall provide all vital documents, including the claim application, in Spanish in hard copy and on the ACVCC website, if appropriate.

(b) The ACVCC shall review the LEP policy, frequency of contact with LEP individuals, and general population data for the state of Alabama at the beginning of each fiscal year in order to determine if the LEP population demographics have changed to include a significant number of LEP individuals who require translation/interpretation services in some language other than Spanish.

(c) In the instance that an LEP victim/claimant requires vital documents and an interpreter in a language other than Spanish, the ACVCC shall make all vital documents available to the victim/claimant in his/her language as soon as possible, without delay. A telephone translation service will be utilized immediately to communicate with the victim/claimant and advise him/her that the vital documents will soon be available in his/her language.

(6) Notice to LEP Individuals: ACVCC will provide effective notice to LEP individuals that they have the right to language assistance and that such assistance is free of charge.

Author: Martin A. Ramsay

Ala. Admin. Code r. 262-X-13-.01

New Rule: Filed March 08, 2006; effective April 12, 2006.

Statutory Authority:Code of Ala. 1975, § 15-23-5(14).