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The LEP customer’s declination of the offer of free interpreter services must be documented.

Also suggest that a trained interpreter (in addition to the friend/family member) sit in during the interview to ensure reliable and correct interpretation of information. Minor children cannot be used as interpreters.

Written materials that are routinely provided in English to applicants, recipients, and the public must be made available in regularly encountered languages other than English. DSS must ensure that communication tools are provided to LEP customers. The following is a list of the minimum requirements for written documents that should be in the language of the customer:

1. any documents that have to be signed 2. documents that describe the eligibility requirements to participate in a program 3. notifications of changes in status 4. documents informing customers of rights 5. communications informing customers of meetings and reviews for the purpose of recertification

The Office for Civil Rights (OCR) will consider DSS to be in compliance with its Title VI obligation to provide written materials in non-English languages if for:

1. LEP language groups that constitute ten percent or 3,000 (whichever is smaller) of a service area, DSS provides translated written materials, including vital documents, for each eligible person to be served or likely to be directly affected by the TANF program; 2. LEP language groups that constitute five percent or 1,000 (whichever is smaller) of a service area, DSS ensures that, at a minimum, vital documents are translated into the appropriate non-English languages for each eligible person to be served or likely to be directly affected by the federally funded program; 3. LEP language groups that constitute fewer than 100 persons in a service area, DSS does not translate written materials but provides written notice in the primary language of the LEP language group of the right to receive competent oral translation of written materials for each eligible person to be served or likely to be directly affected by the TANF program.

The “service area” is defined as the county served by each DSS office. The LEP population in each county would determine how individual offices apply the Title VI directives.

22.4 Title VI Prohibition on Discriminatory Conduct in Federally Funded Programs and Activities DSS may not discriminate against people on the basis of race, color, national origin, disability, or age in how we administer our programs or activities.

DSS may not indirectly discriminate on these bases through contractors or by means of any other arrangement. DSS is responsible for ensuring that our contractors administer their programs in a nondiscriminatory manner.